Sir,
I apologize for the delayed response as I am currently on
leave. As you can imagine, I thought it necessary to take a few
days. Please feel free to provide this e-mail to the judge. If I
may, I would like to ask what you think the repercussions might be when you do
provide this e-mail to the judge.
R,
Gy Montes
From: Haytham Faraj
[mailto:haytham@puckettfaraj.com]
Sent: Wednesday, June 23, 2010 1:22 PM
To: Montes GySgt Jesus T; Hur Capt Christian P
Subject: RE: Chain of Events in the prosecution of GySgt Montes
Gunny:
The one piece of information that I find interesting here
is the involvement of the IG in the decision making process. May I share
this letter with the judge?
From: Montes GySgt Jesus
T [mailto:montesjt@usmc-mccs.org]
Sent: Monday, June 21, 2010 6:58 PM
To: Hur Capt Christian P; haytham@puckettfaraj.com
Subject: Chain of Events in the prosecution of GySgt Montes
Gentlemen,
I
apologize for the delay. As you might expect, this is probably the most
important e-mail of my career or lack thereof:
In
December 2009, I was relieved from the Provost Marshalâs Office after I was
interrogated by CID for having allegedly obstructed justice during an
investigation by CID into a case that I initiated. (As background, a
Marine under my charge was accused of committing adultery with a dispatcher at
PMO. My Patrol Supervisor told me he had information that suggested it
was another Marine. I took that information to the Operations Chief, MSgt
Scammon. At the time I was assigned as a Watch Commander at PMO. MSgt
Scammon asked that I interview/interrogate the members of that Marineâs
section, K-9, and gather some information. He instructed me not to
question the dispatcher regarding the allegation. I provided the results
of my interviews to MSgt Scammon. He and CID subsequently initiated an
investigation. Approximately one month later, I was interrogated by CID
and told the dispatcher accused me of assisting her in attempting to lie about
her affair with the Marine after I spoke with her in regards to her interaction
with my Patrol Supervisor.) I was assigned to work in the Security
Department at the Exchange aboard MCAGCC Twentynine Palms, CA.
In
March 2010, I was informed that CID was investigating an allegation of Adultery
that stemmed from a woman who worked in the Exchange whom I had interrogated
for theft three days prior to the day she made her allegation.
On
14May10, I was informed by 1stSgt Nelson Hidalgo, B Co, HQBN, MCAGCC Twentynine
Palms, CA, that CID had presented their case and neither the Company nor the
Battalion would pursue any punitive action. However, 1stSgt Hidalgo
stated âthe ball was in the Provost Marshalâs court.â According to the 1stSgt,
if the Provost Marshal wanted to pursue âanything furtherâ it would be his
prerogative. I asked the 1stSgt for his permission to contact the Provost
Sergeant and inquire as to my status and if I would be receiving orders soon as
I have been stationed at MCAGCC Twentynine Palms for approximately five
years. I also informed 1stSgt Hidalgo that I would be contacting my MOS
Monitor, MSgt Benke.
On
17May10, I testified in Major Scarselliâs hearing. (Parts of my testimony
was reported in the Marine Corps Times 07Jun10 issue.)
On
18May10, I contacted MSgt Benke who stated that approximately three weeks
prior, he had a conversation with the CID MOS Sponsor, MGySgt Smith, who asked
him not to issue me orders because the Twentynine Palms CID Chief, MSgt Brown,
would be submitting paperwork to have my MOS revoked after the conclusion of an
on-going investigation. Subsequent to that conversation, I contacted
MGySgt Reginald Jones, Provost Sergeant, PMO, MCAGCC Twentynine Palms,
CA. MGySgt Jones stated he knew nothing of an on-going investigation and
he confirmed that MSgt Brown had or was in the process of submitting a package
to have my MOS revoked. He directed me to contact MSgt Brown. I
called MSgt Brownâs office that day numerous times that day and for the next week.
On
19May10, I GySgt Brian Sutton, CID Operations Chief, MCAGCC Twentynine Palms,
CA answered MSgt Brownâs telephone and stated he had just returned from leave
the day prior and he would leave a message for MSgt Brown to return my
call. (As background, GySgt Sutton is a Military Policeman serving in a
CID billet. Prior to his promotion to GySgt, he was a senior SSgt who was
working in an âon the job traineeâ status. CID does not customarily
accept senior SSgtâs because Gunnery Sergeants cannot lateral move into the CID
MOS. When he was selected for promotion, GySgt Sutton accepted the
promotion, knowing that he may not be granted the CID MOS. I was arrested
for DUI approximately two years ago. Subsequent to that arrest, I was selected
for promotion. My promotion was withheld for one yearâs time after what
would have been my original promotion date. After I was promoted to the
rank of GySgt, MSgt Brown submitted paperwork to HQ Marine Corps to have my MOS
revoked. HQ denied the package saying that since I was allowed to be
promoted to GySgt after my DUI, I would remain in the MOS . After that
attempt, MSgt Brown submitted a package in an attempt to swap my billet with
that of GySgt Suttons so that neither the Military Police nor the CID MOS would
be down a GySgt. GySgt Sutton told me that package was also denied.
GySgt Sutton would not answer if another investigation had been initiated and
directed me to talk with MSgt Brown.)
On
20May10 three CID Agents reported to the Security Office in the Main Exchange
and asked the two females present at the time if I had ever sexually harassed
them. Within the ensuing week, five CID Agents questioned approximately
20 more females who worked at the Exchange and asked if they had knowledge of
any sexual misconduct on my part. ( I have knowledge of the number of CID
Agents and the amount of females questioned because 1stSgt Hidalgo later
allowed me to read a portion of the investigation that lead to my eventual
NJP. According to the report, none of the females provided any pertinent
information.)
On
17Jun10, 1stSgt Hidalgo informed me that after consulting with SgtMaj Tanksly,
Base SgtMaj, MCAGCC Twentynine Palms, CA, the Chief of Staff, the Inspector
General, and the Battalion Commander, it was agreed that I would be charged
with three counts of Article 134 for allegedly having provided alcohol to two
under age Marines and soliciting a third to consume alcohol during a going away
party for a Sergeant who was leaving the Marine Corps approximately one year
ago-when I was a Staff Sergeant. (This NJP will provide MSgt Brown with the
necessary ammunition to again attempt to revoke my MOS.)
Also,
on 17Jun10, I was contacted by my former Patrol Supervisor who informed me MSgt
Scammon had been relieved of duty at PMO. According to the Patrol
Supervisor, he was instructed by the Operations Officer to make all further
operational notifications to him because âMSgt Scammon no longer works [at
PMO]â. The Patrol Supervisor did not know why MSgt Scammon was relieved
but thought it was due to his and MSgt Brownâs conduct of an ongoing
investigation into the alleged mistreatment of a detainee while in the PMO
detention cell.
Today,
21Jun10, at approximately 1030, I was NJPâd for the above described violations
of Article 134. Midway through the proceedings, LtCol McGowan asked if I
had spoken to counsel regarding the NJP. I informed him I had spoken with
Capt Hur but that he hadnât advised me to accept or deny NJP. LtCol
McGowan immediately asked me to step out of the room. When I was
instructed to step back in, LtCol McGowan asked if I had committed the offenses
I was accused of; to which I responded in the affirmative. LtCol McGowan
adjudged me guilty and instructed the Company Commander to prepare a Punitive Letter
of Reprimand. LtCol McGowan then informed me that he would
advise his replacement not to recommend me for re-enlistment based on the
DUI I received two years ago, this NJP, and because my name âhas come up in a
bunch of investigationsâ. LtCol McGowan informed me that after
having reviewed the CID investigation into the allegations regarding my
obstruction and adultery charges, he couldnât find enough to hold me
accountable and proceed punitively. After passing sentence, LtCol McGowan
referred to Maj Scarselliâs case and said, âIn the case of US vs. Scarselli; I
want to say this in front of witnesses; I want anyone and everyone to testify
who needs to present matters before the court. If you feel threatened or
coerced to testify, to not testify, or to testify in a way you are not
comfortable with, I want you to let me know or your chain of command, and we
will have it stopped.â I replied in the affirmative and was
dismissed.
Respectfully,
GySgt
Jesus T. Montes
USMC