The Army could keep a proper silence, refusing to comment on the matter until it possesses all of the relevant facts. The Army could conduct a formal investigation to determine the truth behind these allegations. The Army could seek Mrs. Allen and me out, if only to have us formally submit our claims.
Instead, we have Army Public Affairs spokesman Lt. Col. Laurel Devine. According to a report filed by Times Union reporter Robert Gavin:
When reached Monday, a Pentagon-based Army spokesperson, Lt. Col. Laurel Devine, would only say, "We stand behind the jury's decision."We stand behind the jury's decision—to acquit Staff Sergeant Martinez, the government's only suspect in the murder of my late husband and 1st Lieutenant Allen. We stand behind the jury's decision—even in the face of these serious and life-altering allegations of jury misconduct. We stand behind the jury's decision—without so much as a cursory inquiry into the allegations that have been made by the widows of the victims.
I have heard this song before. When I opposed former 42nd Infantry Division commander Major General Joseph Taluto's nomination to serve as director of the National Guard in 2009 on the grounds that I believe that General Taluto failed to enforce well-established and broad-based principles of military discipline and ensure that these principles were enforced throughout his division, I was met with Army Public Affairs spokesman Lt. Col. Eric Durr. Answering me in a media interview, Lt. Col. Durr attempted to downplay the seriousness of the hundreds of vicious death threats and other gestures of contempt that court witnesses testified Staff Sergeant Martinez uttered against my late husband. According to Lt. Col. Durr:
"I would just submit that if you took the instance where everybody said "I hate that S.O.B." or "I'm going to take care of him" in a moment of anger in any organization, in hindsight it all seems wonderfully clear, but as we go through our day-to-day life it is never that crystal clear."My answer then to Lt. Col. Durr was that Article 89 of the Uniform Code of Military Justice does not have a "wonderfully clear" clause that absolves a soldier of his obligation to enforce the law prohibiting death threats against a superior commissioned officer in moments of alleged ambiguity.
My answer today to Lt. Col. Devine is that she has just made it clear why the Army cannot be trusted to properly investigate the allegations of jury misconduct in the Martinez court martial. Barbara Allen and I echo a report of unlawful command influence and other misconduct in the jury room—and Lt. Col. Devine has indicated the Army's stance in the face of it. "We stand behind the jury's decision."
The Army can stand behind the Martinez jury and its decision all it wants. I want accountability, fair play, and justice, and I will not rest until I have it, for Phillip, for our daughter Madeline, for Phillip's parents and family, and for myself.