Saturday, January 22, 2011

Tucker Act Lawsuit

I have just sent out a 40,000,000 Tucker Act lawsuit today and am awaiting the docket number from the courts.  This lawsuit is the 2nd of 3 lawsuits that are being filed.  The Government will have 60 days to respond to this one unlike the Tort Claim where they have 6 months to approve or deny the claim. 

Personally, I am hoping they deny both claims.  I want this to go to court so all the documentation I have amassed over the last 3 1/2 years will be made public and everyone will know what Petty Officer Paul Skovranko and his wife Stacey started in June 2004.  I want the public to know the lies that Stacey told a child, if front of a witness mind you, that wrongfully convicted my husband and broke up our family.  I want the public to know what the military has tried to cover up since that conviction.

If Paul and Stacey had told the truth from the beginning, it wouldn't have to gone this far.  Since they refused, I intend on making this issue as public as possible and giving the American public names of all involved.  In the lawsuit, I have named all individuals contacted (most are named on this blog) that were aware of these lies and yet, done nothing about it. 

I have also supplied the court with the documentation showing that Petty Officer Paul Skovranko lied about taking HS to the hospital on the night of June 2, 2004-as he stated to NCIS and the courts. 

I have included the Family Advocacy Program (FAP) run by the DoD where it is clearly stated that at no time since these allegations were brought to NCIS, were they ever contacted, which is required. 

Also included was Randi Hesters' statement to NCIS in June 2004 where she told investigators that she witnessed Stacey tell HS that it was Edwin who did these things to her.  This statement is in the Record of Trial, but never brought up at court and Randi was not allowed to testify because of this statement.  Gloria Ehlers confirmed in an e-mail that Randi didn't testify because she was not going to lie for Paul and Stacey.

Is this not ineffective assistance of counsel Lt. Michael Melocowsky?  As the acting DDC at the time, I'm sure would would know all about this statement since you did not want to call Randi as a witness because of it.  Randi would have been the reasonable doubt that would have thrown a wrench into your stats.  Or how about Prosecutorial Misconduct Major Clay Plummer and Capt John Ellis?

Major Plummers' issues run far deeper than just Prosecutorial Misconduct.  I let the court know that in April 2008 I actually spoke to Major Plummer, at length, about the lies told by Paul and Stacey and information I had at that time about those lies.  Major Plummer assured me that it was his "judicial and legal obligation" to report the frauds to the court and for once he was right.  He is required to report everything under JAGINST 5803.1B yet he did not.  When I brought this to the attention of the Judge Advocate General, it was denied.  I later brought it to the attention to the current Judge Advocate General, Vice Admiral Houck, who also denied any misconduct even though I presented him with all documentation.

Big mistake on Vice Admiral Houck's part.

Vice Admiral Houck is now also included in the lawsuit (as well as everyone else involved from the Commandant of the Marine Corps to the Secretary of the Navy)  for violating Edwin's constitutional rights and for being in violation department directives and orders.  All of which I found on the Judge Advocates' website.  

I have included letters from the DoD IG hotline program director Mr. Leonard Trahan, stating that the DoD IG does not investigate claims of fraud, violations of ethical standards and/or the law.  I guess Mr. Trahan is not familiar with DoDD 5106.1, DoDI 7050.01 or even their mission statement which says that anyone, whether military or civilian, having witnessed any of the above mentioned can report it to the DoD IG under the hotline program.  I wonder, if the hotline program doesn't investigate these claims, what do they do?

I've been fighting for Edwin's freedom and trying to prove his innocence since his conviction.  It's been 3 1/2 years for hell for my family and now it's time for someone to answer for all of this.  These lawsuits are intended to bring out the truth and maybe others who have been wrongfully convicted by the military can use this information as well.

As I have stated before, I will not stop until Edwin is home.  It's not a matter of IF he comes home but WHEN he comes home at this point.  In the beginning I wanted a new trial to prove his innocence and after everything that my family has gone through I now want his release.

1 comment:

janice said...

yes when he comes home and they should just do it and quit wasting time on this...Eddy doesn't have time to waste...he has already missed out on so much with his kids...and his wife...