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Originally Posted by Mortarman
Oh, and one more note: IGs dont get "evidence" in order to conduct a legal proceeding. That is for the JAG (lawyers). As I stated before, the JAG must have "beyond a reasonable doubt." The IG only needs "a preponderence of the evidence."

What that means is that an IG can act on hearsay. An IG can act on evidence that may not be admissable in court.

You see, as an IG...if you contacted me with this info, we would IMMEDIATELY go down to the comander's office of the unit he is a part of. We would discuss with the captain that we have possible evidence that his POS NCO has been committing adultery, conduct unbecoming, has threatened bodily harm of an individual and has admitted that he will lie under oath.

The commander will then call the individual in. He will ask him point-blank if he has been doing this (which is why you need to give the IG all the info you have...so that the little weasel doesnt find a way to technically tell the truth...but really lie. What I mean by that is if the affair happened on January 1st...but the commander saks if he committed adultery with you wife on January 2nd...he could technically say "No" and not be lying. Dont give him that avenue. Tell the IG EVERYTHING).

Anyway, back to what will happen. The commander will ask him if he has been doing this. Now let's say the soldier does indeed lie. Well, the commander will most likely do one of two things. If he likes the NCO, he will advise him that the IG has come to him and that they have evidence that shows him in an affair. And will ask him "One more time...make sure you dont screw up here and lie...did you blah, blah, blah." If the soldier admits he has been, then the commander at the very least will order him to cease ALL contact with your wife.

If he lies and says "no...", then the commander will report back to the IG that the soldier stated that he had not. At this point, he has lied to a commissioned officer (a felony). At that point, the IG will send a report to the JAG of the violations of:

Adultery
Conduct unbecoming
Threats against an individual (I'd have to look up the exact charge on that)
Lying to a commissioned officer

All of these are Federal offenses, punishable by prison time, reduction in grade and a dishonorable discharge. So, when the heat is on and the sphincter is fully closed...I bet this kid cries like a baby and admits it before he ends up in a world of hurt.

You see, the IG could do that without ever releasing all of the info...until they found criminal actions.

The issue with this NCO now is this: he has threatened you AND he has stated that he would lie under oath to an IG (which I believe is a $15,000 fine and 10 years in jail if he actually does it). So with those two things...the adultery is almost secondary at this point to the IG. And so, after hearing that...hearing that he admits he would lie to their faces...well, if I was the IG...I would hunt this guy down like a dog after its prey!

So, call the IG. Tell him you had a conversation with the POSOM. Tell him that you did record the conversation, which is allowed in your state. Tell him that you did so in order to transcribe later the conversation. Ask him if he wants the transcripts or the recording...based on what he needs and can accept.

As I said, that IG is going to want to get this guy. So, he will guide you in order to do so!


Perfect...

legally...I think you are safe enough. Remember...anyone can make a legal stink about anything and just because it appears the law is on your side doesn't mean some crazy prosecutor won't get a bug under his butt and run around trying to make an example out of someone. You are fighting for you family....there are risks in battle. I THINK you're safe legally...but I can't guarantee anything (unless I'm paid and spend a week researching it...to be only MORE certain...but never absolutely certain).

Good luck...

Mr. W


FBH(me)-51 FWW-49 (MrsWondering)
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"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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The area code for his cell phone was a large chunk of TX that is not just a military base. Also, on his facebook he says he's in Copperas Cove, TX, not Ft Hood.


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Originally Posted by ascending
The area code for his cell phone was a large chunk of TX that is not just a military base. Also, on his facebook he says he's in Copperas Cove, TX, not Ft Hood.

Cool. So did you call the IG yet? The more pressure you put on the IG the better results you'll get.

CV


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Originally Posted by celticvoyager
Originally Posted by Mortarman
Originally Posted by ascending
So I'm at a bit of a loss. Do I still send this recording to the IG? Regarding informed consent, does the fact that he says he knows the call is probably being recorded, and the fact that I didn't deny that, amount to anything? Listening to the call you can tell that I am trying to get him to incriminate himself, and that he knows that, but somehow can't stop incriminating himself.


As Mr. W stated, contact the IG. Let him know all of the information on the recording. Tell them that you recorded in order to have the accurate information for yourself, so you could transcribe the info. They will let you know what they want.

Does ANYWHERE on there state that you know he is in Florida? If not, and you truly do not know for certain his location...then I believe TN should apply because you made the call from there. And you had no real idea where he was located.

But let me let Mr. W chime in on the legal side!

Here's another question... A military base isn't "state property, right? It's federal property. Does that affect it at all?

It is Federal property. But let me give you an example....

If the laws of the State of TX allow 14 year olds to drive...then even though every other state has laws of 16 years old...the military would allow a 14 year old to drive on bases in TX ONLY! The laws of that state would govern that.

Again, as listed earlier, cross state issues are a little fuzzy. And Federal law would apply. And in the case of the military...if the JAG must get involved, a whole lote more actual evidence must be gotten together to me used in a court martial.

But for the IG to get involved, the bar is much lower.

We had the wife of a National Guard lieutenant walk into our office and accuse her husband of adultery. She gave us info, that included some emails that she had intercepted. The emails didnt come right out and say that they had done the horizontal mambo...but it was enough to get us involved.

We called the LT into our office, read him his rights and then told him that we have been notified that he was involved in an adulterous relationship. You know what this idiot did? He said:

"well, I am in the national Guard and anything that happens when I am not on duty...then I am no longer held to military laws and regulations. And nothing you talk about happened while I was on duty." What an idiot!

We advised him that even though he wasnt on duty...and not collecting a paycheck, he was still an officer and still a soldier. And thus, still under the UCMJ. And then notified him that he should seek an attorney immediately.

Why? Because the idiot admitted UNDER OATH that he had done it! For the JAG, they didnt even need the emails. And that LT's career ended VERY quickly!



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Originally Posted by ascending
Thank you all so much for supporting me through this! I am so grateful.
I have a friend who says "to be strong, you have to give yourself permission to be weak some of the time."

The weakness comes to the fore as I let go of fear, letting the weakness move out of me, experiencing it as it goes. Right now OM and WW are trying to make me afraid, which I keep a lid on until I get support from yall telling me I'm doing right. Then I can feel that fear and let it go.

It is a scary thing to have a man threaten to kill you, and your wife tell you she is never coming back. So scary that it would sweep me off my chosen path if I listened to it. But I can't bury it in me either. I have to let it out, but only at the moment when I can then let it go.

So I'm sitting here crying me heart out reading what you all have written. To have total strangers help me in this way is so humbling. I will never forget this.

From Merriam-Webster: Definition of Courage -- mental or moral strength to venture, persevere, and withstand danger, fear, or difficulty.

You're a brave man, ascending. I admire you. It's a pleasure and an obligation to support someone who struggles so valiantly to help himself. Don't doubt for a moment that you're doing the right thing.

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Originally Posted by OldWarHorse
Originally Posted by ascending
Thank you all so much for supporting me through this! I am so grateful.
I have a friend who says "to be strong, you have to give yourself permission to be weak some of the time."

The weakness comes to the fore as I let go of fear, letting the weakness move out of me, experiencing it as it goes. Right now OM and WW are trying to make me afraid, which I keep a lid on until I get support from yall telling me I'm doing right. Then I can feel that fear and let it go.

It is a scary thing to have a man threaten to kill you, and your wife tell you she is never coming back. So scary that it would sweep me off my chosen path if I listened to it. But I can't bury it in me either. I have to let it out, but only at the moment when I can then let it go.

So I'm sitting here crying me heart out reading what you all have written. To have total strangers help me in this way is so humbling. I will never forget this.

From Merriam-Webster: Definition of Courage -- mental or moral strength to venture, persevere, and withstand danger, fear, or difficulty.

You're a brave man, ascending. I admire you. It's a pleasure and an obligation to support someone who struggles so valiantly to help himself. Don't doubt for a moment that you're doing the right thing.

I TOTALLY agree with OldWarHorse here. Courage isnt the lack of fear. Courage is doing the right thing despite the fear. It is what we call in the Army: "Leaning forward i nthe foxhole."

You dont have to wear a uniform to have honor.

What you are doing here, fighting the fight...is one of the most honorable things a husband and father could do.


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OK, getting things in order to call the IG.
One more thing, OM thinks that because he's not married its not adultery. Is there anything to this?


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No, it's still adultery

Last edited by GJM; 01/20/12 12:08 PM.

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He's an idiot and a predator. What would expect the little maggot to say? It's adultery


Every man I meet is in some way my superior; and in that I can learn of him.

-Ralph Waldo Emerson


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Originally Posted by GJM
No, it's still adultery

Absolutely. His partner is married. He knows his partner is married. He is knowingly engaging in conduct that violates the UCMJ.

Believe us, ascending, whether or not you see the end result, it appears ol' Angelo is in trouble here.

You'll know soon enough. One of the most effective feedback systems known to man is a scorned woman (no offense, ladies . . .).

EDIT: Actually, let me edit that, applying lessons learned in the short time I've been on the MB Forum: One of the most effective feedback systems known to man is a scorned wayward.

Now, that's much more accurate!

Last edited by OldWarHorse; 01/20/12 12:18 PM.
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Originally Posted by ascending
OK, getting things in order to call the IG.
One more thing, OM thinks that because he's not married its not adultery. Is there anything to this?

Nope. He is an idiot!


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Article 134 of the Uniform Code of Military Justice (UCMJ):

Adultery:
(1) That the accused wrongfully had sexual intercourse with a certain person;

(2) That, at the time, the accused or the other person was married to someone else; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.



Standing in His Presence

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Now starting to get facebook messages from "friends" of Angelo who he has given the same exact "pitiful soldier" story to, and won't leave them alone.


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Are they supporting you?


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Also, since he threatened you, here is Article 134 of the UCMJ that talks about THREATS:

(1) That the accused communicated certain language expressing a present determination or intent to wrongfully injure the person, property, or reputation of another person, presently or in the future;

(2) That the communication was made known to that person or to a third person;

(3) That the communication was wrongful; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.


Standing in His Presence

FBS (me) (48)
FWW (41)
Married April 1993...
4 kids (19(B), 17(G), 14(B), 4(B))
Blessed by God more than I deserve
"If Jesus is your co-pilot...you need to change seats!"

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Also got a facebook message from a guy claiming to have participated in drugging and raping a woman with Angelo.


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Yes they are supporting me. They apparently weren't in the weak space that my wife was in and saw the [censored] as just that.


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Originally Posted by ascending
Also got a facebook message from a guy claiming to have participated in drugging and raping a woman with Angelo.

While he was a soldier? Oh, this gets better!

Do tell more about this. Leavenworth may be in his future! And the last I checked, your wife wont be able to contact him there!

This whole thing might have to go straight to the JAG!!!


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FBS (me) (48)
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Married April 1993...
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Good for you...if the guy that told you about the drugging and raping of a woman doesn't provide you with any evidence, don't listen to it. It's not relavent. We already know he is a low life scumbag.


Me: BH 36
Her: WW 34
Kids: D 14, S 12, S 9
DDay 1-6/2009
DDay 2-9/2011
DDay 3-11/2011
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Divorce final May 24, 2012
My Story



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Quote
Also got a facebook message from a guy claiming to have participated in drugging and raping a woman with Angelo.

Uh, why would someone admit to something like that to someone he doesn't know on a public forum???


Every man I meet is in some way my superior; and in that I can learn of him.

-Ralph Waldo Emerson


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