Without Proof, Military Targets Man Assumed to be Gay

This story from PageOneQ (http://pageoneq.com/news/2007/Without_proof_military_targets_man_assumed_to_0803.html) sounds very similar to that of my clients who are facing dismissal from the military based on allegations made by a redneck bigot. the standard is that no action under DADT should proceed unless supported by "credible evidence," which obviously means that there is corroborating evidence or more than one reliable witness. Here's highlights from the story:

After enduring months of homophobic harassment and slurs, a decorated soldier with an exemplary service record may have been targeted for dismissal by his Army superiors because they think that he is gay. PFC Christopher Mastromarino, pictured, a military policeman and member of the Army's prestigious Old Guard -- a regiment that serves as an honor guard at White House functions, services at Arlington Cemetery and Tomb of the Unknown Soldier, as well as security at private functions for top Pentagon officials in Washington, D.C. -- was court-martialed in May after indecent assault charges were filed against him in February.

The charges alleged that Mastromarino sexually harassed other male soldiers in his unit with unwanted touching and verbal comments. He was ultimately convicted of three counts of simple assault. The military court's ruling, however, has yet to be approved by the regiment's commanding general, and Mastromarino has appealed the decision.

But the Maryland native told PageOneQ during a recent interview that he is innocent of the charges. And that the prosecution's case was filled with conflicting testimony, here-say and rumors, and a questionable timeline. In addition, according to sworn testimony during the trial, two prosecution witnesses said that they did not consider the physical contact between themselves and Mastromarino to be an assault, although the command chose to bring those charges forward against him.

According to the military's "Don't Ask, Don't Tell" policy, soldiers can be dismissed from the service by telling others they are gay or lesbian, engage in homosexual activity, or marry or attempt to marry someone of the same sex. But Mastromarino's command did not use the policy to court-martial him. That is because the investigators and prosecution did not find or present any credible evidence to the jury that Mastromarino has violated the Don't Ask, Don't Tell policy, according to Steve Ralls of the Servicemembers Legal Defense Network.

Instead, Ralls said, the unit's command used rumors and hearsay during their investigation and trial to suggest that Mastromarino was gay, in an effort to cast his physical and verbal contact with other male soldiers as inappropriate. Ralls argued that Mastromarino was targeted not because his actions were outside the realm of acceptable behavior within The Old Guard, but because of an intolerant, hostile and homophobic climate within the regiment.

Unfortunately, it appears that one gay hating bigot can affect the climate of an entire regiment o command. Why is it that it seems more and more like we are living in early 1930's Germany??