Tuesday, October 2, 2018

Improper Proceedings

There are many things on my mind this morning that I feel the need to discuss.  And, instead of going my original route, I am changing directions, slightly.  I am writing and editing this on my phone, so please bare with me.

I am extremely unhappy with President Trump's recommendations for Chief Justice, Brett Kavanaugh have been handled.  Quite frankly, the proceeding are being made into a disgusting circus by many people in the Senate and in the media (plenty of shame to be shared by all).  But, what are the facts?

In talking with my wife, I have learned that the woman who "made the accusations" against Kavanaugh had originally written a letter to Sen. Dianne Feinstein's office expressing memories from decades ago concerning an event that happened, but she was not sure of all of the details.  Mrs. Ford neither was wanting to go public, nor was she making criminal accusations.  And, instead of Feinstein talking privately with Mrs. Ford and/or just giving the letter to the FBI, before the public proceeding, and let them investigate to confirm or deny that something had happened.  Instead, she tosses it out, during the public hearings, and starts dragging everybody in the mud.  Dragging Mrs. Ford and Kavanaugh both in the mud.

Now, as a reminder, I have been a Military Police Officer (MP) for just over 10 years.  My training has been on the importance of thoroughly investigating a person's accusations concerning a crime, taking witness statements and evaluating physical evidence, to determine if: a) was a crime actually committed?, and b) What does the physical evidence show?  

A few years ago, I was the investigating officer for a traffic accident that happened on a military base during a deployment.  The initial evidence only indicated that some of the guards had heard a vehicle collision and that a concrete barrier had been damaged, as well as moved a significant difference.  No vehicle was specifically seen hitting the barrier, just the evidence that it had been hit.

Only because I knew the color of the vehicle and the approximate location of the vehicle damage did I have much to go on.  And, that evidence proved to be very helpful.  Only one vehicle on the base matched the color and location of the damage.  But, with further investigating, many interviews, and many hours analyzing the facts, I tetermjnedtwo things.  One particular Soldier was confirmed to be the driver during the accident.  I also discovered and documented how his Chain of Command had (unintentionally) set him up for failure.  Because the evidence and my investigator's notes where handed over the the Unit for any disciplinary proceedings, I do not know what the results were.  The big thing to take away is that I learned a lot simply by examining the physical evidence, talking with the various witnesses, sorted through the facts, opinions, and speculations, and came to very specific conclusions.

In a case of sexual harassment, especially an event that happened decades ago, determining all of the facts is very, very difficult.  Unfortunately, it can often come down to a "he said, she said" situation without any supporting documentation or physical evidence.  So, without credible witnesses, independly interviewed, can support the accuser, there is not a whole lot that can be done legally.

Now, I do agree with my wife that a harassment 'crime' had been committed, though possibly it was done unintentionally because someone had been under the influence of drugs and/or alcohol, and made worse decisions than what he many normally had made.  However, all of the evidence that I have heard discussed does not support the accusations. 

To be honest, I think that the greatest victim right now is not Kavanaugh, but Ford.  Why?  Mrs. Ford had written her Senator, Feinstein, about some concerns about Kavanaugh that she had.  But, these concerns were solely based on her memories that she wasn't sure of.  She knew something had happened to here whole in college that negatively impacted her emotionally and, I would argue also spiritually.  But, she couldn't remember many details.  And, again, this was before the public hearing.  From a Law Enforcement perspective, I believe that Feinstein was grossly negligent with how she and her office has handled it.  Unfortunately, some Senators and many in the media, are grossly, grossly mishandling the situation.

Think about it this way...  How would you like it if you shared some concerns about someone else in private, in confidentiality, especially something you were not 100% sure on, and then that person used your confidential and private information for their personal agenda?  Myself?  I would be absolutely furious!  I would probably go so far as taking that person to court for breach of confidentiality, unethical behavior, slander, and possibly other charges.  And, I would at least consider similar charges against specific people in the media, too, for aiding and abetting, if I felt that the evidence and overall situation warranted it.  

As a Law Enforcement professional, I would be legally responsible for investigating any accusation concerning a person wellbeing (like child abuse, rape, murder, self-harm, etc.).  Such situations would require me to determine in n, through interviews and examining physical evidence, to determine if a crime has (or very likely will) take place, the actual seriousness, and what I can do according to current laws, status as, regulations, etc.  Has that actually happened in this situation?  Personally, from what I know, I seriously doubt it.