Henry v MOA - 1) Sexual Assault 2) Henry I and II

Yesterday we ended listening to video of one of Henry's attorneys, Ray Brown, haranguing Rick Brown the author of the, until last week, secret Brown Report.  I thought that Rick Brown ended up looking pretty unprepared for the deposition and he was unable to handle Ray Brown's withering non-stop questions.

End Of Yesterday's Video

The last 50 minutes of the video were shown first thing this morning.  But the topic now was sexual assault and abuse.   Ray Brown worked Rick Brown  over about what evidence he had that that Anthony Henry meeting with General Katkus  deterred victims from coming forward.  I also realized yesterday that I really didn't know when the deposition took place because from my seat, I couldn't see the date label on the video.  So today I got up and walked to where I could see the date  and was somewhat surprised.  November 16, 2016.  That was two years ago!  Just after Trump was elected.  #MeToo was just starting then.

Even more than yesterday, the tape reminded me of a a movie detective trying to wear down a suspect into confessing.  The questions again were demeaning and so fast that Rick Brown barely could answer one before he was hit by another.

But the topic was different.  The questions were about why this victim or that didn't file a report?  Women have already known, and men who have been paying any attention at all, now know, that coming forward with sexual assault cases is difficult.  Ray Brown belittles Guardsman Blaylock [someone who complained a lot about problems at the National Guard] because he won't release names of women who complained to him about sexual assaults.  [I'm taking my rough court notes and adding words to make them more intelligible, but I don't think I'm distorting the meaning or the tone.]

Q:  "The Army National Guard had appeared to investigate all Blaylock’s charges, but focused on his accusations - investigations did not support any of Blaylock’s allegation.  Initial investigation did not reveal violations.  Does that indicate to you that Blaylock is a reliable source?   

A:  That indicates some problem with his reliability.
Q:  What did McCoy tell you of cases lost due to 15-6  [15-6 is type of internal investigation at National Guard] investigation?   

A:  No affect
Q:  He said didn’t affect people coming forward on sex investigations?  Did it have anything to do with dissuading people from coming forward?   

A:  No
Q:  Rape cases after disclosure, where did your number come from?

A:  No difference since 2010.   

Q:  What do you mean by that?   

A:  Trying to reconcile why numbers in OCI report and first Lt McCoy's numbers are different, need to figure it out to get accurate account.
Q:  How does this Blaylock, dressed down by Katkus, how does this affect stopping women from coming forward?   It's not there.

Q:  We have none.  [Gives initials of alleged victim] did you interview them?  AL?

A:  no 

Q:  MJ? 

A: no

Q:  KD or ST 

A:  no sir.  ST could be

Q:  ST had specifically declined for prosecution by McCoy, right?   

A: I can’t remember when he dealt with her complaint but said it wasn’t prosecutable.
Q:  You said Kaktus ordered them to disclose names of women.  So Henry had nothing he could report, except he had a rogue officer at FBI building. 

Well, many Americans now know, because of Kavanaugh, how hard it is to "prove" something happened, and how men's reputations are considered, by many, more important than women's experiences.  And how women who come forward, and the people who support them, are vilified.  So, the jury today, will probably be less impressed with Ray Brown's performance than they might have in 2016.  He was essentially blaming women for not coming forward, and dismissing any possibility of a hostile environment.

The 'truths' that Ray Brown was claiming, seemed hollow.  Since no one came forward, that proved there were no problems.  And Rick Brown, toward the end, did stand up to Ray Brown.

Ray Brown:  That’s called the truth isn’t it?
Rick Brown:  Depends on how you get there.
Ray Brown:  Truth is the truth?
Rich Brown:  Depends on how you get there

Yesteday's questions were mired in details about the case.  But showing the video deposition in front of the jury allowed Ray Brown to string together a narrative, barely interrupted by Rick Brown's answers - that painted Rick Brown as a bumbling investigator who didn't know anything about how to do an investigation like this.  It allowed him to focus on actions that he then interpreted.  Rick Brown's inability to push back, at all, made it look like Ray Brown was right in everything the way he wanted it.  But the fact that Rick Brown couldn't answer, or that he missed things in the investigation,  even many things, doesn't mean there weren't problems there, as Rick Brown led the jury to conclude.  Would a better investigator have found them?  Maybe.

Today that issue was much clearer with the questions about sexual abuse victims.  Just because Blaylock couldn't or wouldn't produce names, didn't mean those victims didn't exist.  Just because they couldn't prosecute, didn't mean the assaults didn't take place.  And in this new #MeToo reality, more people understand why victims won't come forward.  I'm not sure why the defense allowed that tape in, or, if they protested, why the judge did.  A deposition takes place in a relatively small room.  In the courtroom, the attorney could never have pulled off a harangue like that.  I can hear every television lawyer I've ever seen jumping up and yelling, "He's badgering the witness!"

We'll see what comes next.  This trial isn't close to the end yet.

Anthony Henry Takes The Witness Stand- Part I

Then the plaintive Anthony Henry went to the witness stand.  We learned about him.

There was a lot of questions leading him through the being a successful long time police officer and then things started falling apart.  According to his story, it began when Jack Carson started accusing harassing Jason Whetsell after he was diagnosed with MS and Henry tried to protect Whetsell during that period.  Then Carson went after Henry.  The story he told was of the beginning of a series of of complaints about him which he characterized as Carson going after him, that eventually resulted in his being terminated.

This has led him get a security job in Iraq as the only way he can approach the pay he had as a police Lieutenant in Anchorage.  He's in Alaska about 60 days a year.  Wants to come back but says can't find job with reasonable pay.

When his attorney Margaret Simonian (he has several attorneys) asked him how this affected his life, he said "This has destroyed my life" and started started to choke up.  Then he began to cry and turned his head away from the jurors.  When he regained his composure he apologized and said, "I'm a 50 year old man and I have to go through this.  This affects everything.  Every aspect of my life."  The judge called for a break.


Anthony Henry Takes The Witness Stand- Part II

By 4 pm, the defense attorney began to cross examine.  He started picking at some of the answers Henry had given earlier.  It sounded like a gentler version of Ray Brown questioning Rick Brown as attorney Doug Parker questioned him on details and started raising questions.
He pointed out contradictions - that Henry had blamed McMillan for telling Katkus first, but really Henry had told Katkus first.  Henry said that was correct.
Parker mentioned a situation where Henry got dates mixed up and 'emphatically' insisted the others were wrong.  But it turned out Henry was wrong.  Henry agreed, he'd relied on his notes because he didn't trust the others, but his notes were wrong.  This exchange ended with this:

Parker:   You said telling the truth was one of two things that could get you fired.
Henry:   Yes.

And that was the last thing the jurors heard that day.  The judge called it a day and the jurors were excused.

As I said Friday, trials are wild rides as you hear from people being questioned by friendly lawyers and then unfriendly lawyers.  As one witness testifies, and later another one contradicts him.  You hear about terrible people and then they show up as witnesses and don't seem so terrible at all.  It's like a live mystery and the people on the jury have to take in all the clues and decide what happened


Extra For Junkies

Here's some slightly edited (for clarity) rough notes from Henry's testimony about his background. I thought it would be easier for the reader if I made it third person, but as I went along, I let it revert back to the first person.):

He grew up in Pittsburgh,
Since child always wanted to be in law enforcement.  He had family in law enforcement.  His dad took him to station, locked him in a cell. He never wanted to do anything else.  Graduated HS, His dad was a veteran, had GI benefits, so he had to go to college even though he really was not into academics. But he liked sports.  He took criminal justice classes and really enjoyed them.  He completed some sort of degree in criminal justice and then enlisted in the army.  Nine years in active duty.  Wanted to be in criminal investigation.  Started as  a military police, then CID special agent, (Criminal Investigation Div for the  Army, doing felony criminal investigation.
He had a 16 week program,  He also graduated in military police school for investigators and military police.  Army CID had 4 months residency.  Good part of training on drug enforcement.  Finished college, got BA in Criminal Justice.  Several service medals.  Meritory service.  One significant  long term undercover drug investigation in Colorado and Alaska.  Always my dream to come to Alaska.  Got opportunity to work with APD and decided where I wanted to spend life.
Returned to Colorado, reenlisted since APD not hiring then.  Went to Fairbanks.
APD 1992 - 5 months academy  - honor grad.
Full time assignment,  preferred busy areas, Spenard, mid town.  Applied for SWAT team.  Spent 18 years on SWAT.  Promoted to SRG.  Asked to take over canine unit, 4 years handled dog.  Lot of ongoing training, formal and informal.  Schools in area - Drug enforcement, DEA basic and advanced.  Commanders Academy.  Compeitive?  Drug Commanders and FBI National - I attended both.
Most significant at APD tactical team - school violence, developed for dept and ASD.

Selected as employee of year, for tactics repsond to active shooter event.  ASD superintendent.  SWAT team for agency and schools and took statewide.
Formalized through writing policies, bring folks from out of state here canine, school violence, Carol Comeau, wrote grant, bring dogs into schools, kids love them, help with anti-bullying.
S:  Relationship with Hebee - Agree with characterization with Hebee before 2012. 27 years ago. You obviously heard of relationship with my ex-wife and have love of my life, we’re never going to be friends, when he does good things, I recognize that.  Our careers crossed paths and I’ve had no issues.