US v. Scarselli: 3rd UCI motion by the Defense

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 Marshal’s 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 Marine’s 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 “the ball was in the Provost Marshal’s court.” According to the 1stSgt, if the Provost Marshal wanted to pursue “anything further” 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 Scarselli’s 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 Brown’s 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 Brown’s 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 “on the job trainee” status. CID does not customarily accept senior SSgt’s 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 year’s 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 “MSgt Scammon no longer works [at PMO]”. The Patrol Supervisor did not know why MSgt Scammon was relieved but thought it was due to his and MSgt Brown’s 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 NJP’d 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 hadn’t 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 “has come up in a bunch of investigations”. LtCol McGowan informed me that after having reviewed the CID investigation into the allegations regarding my obstruction and adultery charges, he couldn’t find enough to hold me accountable and proceed punitively. After passing sentence, LtCol McGowan referred to Maj Scarselli’s case and said, “In 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.” I replied in the affirmative and was dismissed.

Respectfully,

GySgt Jesus T. Montes

USMC