Chief of AF Sexual Assault Prevention Branch at Pentagon Arrested for Sexual Assault

[HeloDude]

[waveshaper]

Crotch Grab.

http://www.youtube.com/watch?v=6fzrE8lGJds

[Rusty Pipes]

http://www.airforcetimes.com/article/20131112/NEWS06/311120020/Witnesses-Woman-punched-Air-Force-officer-repeatedly-after-he-groped-her

Oh this story gets even stranger (cliff notes version below):

"The alleged victim, a 23-year-old Treasury Department employee, testified that Krusinski firmly grabbed her buttocks and said, “Did you like it?”.............The employee, who is transsexual, said Krusinski grabbed her buttocks with both hands, acknowledged that they were both male and said, “It’s OK. You can come home with me.”

Looks like we have our Pentagon "Pride Month" POC volunteer! This whole thing is just weird...

[zach braff]

Not guilty (per AF Crimes breaking news of FB). Does this mean he'll be reinstated into his former job?

[HU&W]

Details

Not guilty (per AF Crimes breaking news of FB). Does this mean he'll be reinstated into his former job?

I seriously doubt it. He was accused of something sensational. You don't recover from that.

[WABoom]

During SAPR training they really dragged this mans name through the mud, no hope for an apology i'm sure. I also wonder if Kobe Bryant knows they are using his Colorado case as an example???

[HeloDude]

Details

I seriously doubt it. He was accused of something sensational. You don't recover from that.

You don't recover from that because the Air Force will go out of their way to keep up with public perception and also do whatever the politicians tell the senior officers to do.

In the Air Force (and probably the other branches as well), you're guilty until proven innocent. I would like to hear Liquid's thoughts on this...and that is a legitimate/sincere request.

[Liquid]

He got his ass kicked by a transsexual in the parking lot of a bar, while he was drunk, was arrested for sexual assault the day he completed training for his job as the AF Sexual Assault Response Coordinator and had millions, including politicians closely follow the case. The court found him not guilty but I'm not sure he needs to lead in our Air Force. I'm not sure because I don't believe everything I read in the paper and I don't know the facts. Hopefully his commander will make the right decision based on the facts.

[The Texan]

http://www.airforcetimes.com/article/20131112/NEWS06/311120020/Witnesses-Woman-punched-Air-Force-officer-repeatedly-after-he-groped-her

Oh this story gets even stranger (cliff notes version below):

"The alleged victim, a 23-year-old Treasury Department employee, testified that Krusinski firmly grabbed her buttocks and said, “Did you like it?”.............The employee, who is transsexual, said Krusinski grabbed her buttocks with both hands, acknowledged that they were both male and said, “It’s OK. You can come home with me.”

Finkle is Einhorn!

[frog]

Finkle is Einhorn!

Well played!

[HeloDude]

He got his ass kicked by a transsexual in the parking lot of a bar, while he was drunk, was arrested for sexual assault the day he completed training for his job as the AF Sexual Assault Response Coordinator and had millions, including politicians closely follow the case. The court found him not guilty but I'm not sure he needs to lead in our Air Force. I'm not sure because I don't believe everything I read in the paper and I don't know the facts.

I do appreciate this response (no sarcasm there).

But why aren't you sure he doesn't need to lead in our Air Force? Because he got drunk and beat up? When this happens to women the authorities call them victims...not sure what you're calling Krusinkski, but it doesn't sound like you're referring to him as a victim. Is it all about public perception and the response from politicians that give guys their next star? I don't know whether he is a good leader or not, but it appears that somebody with a little rank thought he was fairly decent the day before this happened...why can't we withhold judgement until all the facts come out? I know you said somewhat the same thing, but if you don't know, then why don't you default to him being a good leader before this all happened...and also now that he has been acquitted of all the charges brought against him?

Hopefully his commander will make the right decision based on the facts.

I'm not so sure you support the decisions of commanders when they base their decision on facts...a couple weeks ago you said:

Lots of talk about what you wouldn't do to prevent the unacceptable and disgusting number of sexual assaults that occur every day in our Air Force. What would you do as a squadron commander, wing commander or CSAF? Hold offenders accountable? Like Wilkerson? Protect victims?

Wilkerson was cleared of the conviction, thus was no longer an offender. But yet you seem to like to use him as an example of someone who did something wrong (unless you're only speaking to his marital affair...in which case I think you'd have a problem with quite a few people in the military). What's funny is that the Air Force wide SAPR training day a few months back (whatever it was called) had pictures of Wilkerson and Krusinkski on a base PPT slide along with the convicted MTI's...but yet, these 2 dudes have now been cleared of any sexual assault charges. It seems to be me like you're screwed the second you're suspected or charged with a crime...and then when you get cleared, you're not 'really' cleared. Guilty until proven innocent.

[WABoom]

Guilty until proven innocent.......Acquitted and yet still guilty of who knows what.

[Danny Noonin]

But why aren't you sure he doesn't need to lead in our Air Force? Because he got drunk and beat up? When this happens to women the authorities call them victims

Interesting point. I had not thought of it that way.

[BitteEinBit]

Prediction: despite massive attention, some twist to the story is going to acquit this guy. Everything is broken.

Winner!

Of course he was acquitted, he wasn't a fighter pilot....and we all know only fighter pilots who sing songs that degrade women are the only ones who do this kind of sh*t.

[Jaded]

I am shocked that a guy would be found innocent by a court martial board and still have a senior leader consider him guilty. Huge foul.

[Liquid]

I am shocked that a guy would be found innocent by a court martial board and still have a senior leader consider him guilty. Huge foul.

There is a difference between civil jurisdiction/civil verdicts and administrative actions. He was found innocent in a civil court, not a court martial. He cannot be tried or punished again for the same offense under UCMJ. That doesn't restrict his commander from taking administrative action for the incident. What senior leader is considering him guilty?

[Jaded]

You.

Why would you suggest that a commander take administrative action against a man just found innocent in a civil court?

[Herk Driver]

You.

Why would you suggest that a commander take administrative action against a man just found innocent in a civil court?

http://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-3206/afi36-3206.pdf

Some light reading that could apply in this case. I cannot find a different AFI that I think applies. Anyway, the burden of proof is different in juducial and non-judicial proceedings. NJP could be applied due to conduct unbecoming, drunk and disorderly, etc. Heck, an LOR could be used which would result in a UIF and referral OPR and that would effectively end his chances of promotion.

Not advocating a position here, but that is the lay of the land and there are multiple admin actions that can be taken regardless of the outcome of any court (civil or military).

For some additional light reading, this is the enlisted side of the house AFI for demotions. It is much easier for someone to be demoted in today's AF than it was only a few years ago. http://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-2502/afi_36-2502.pdf

Edited November 15, 2013 by Herk Driver

[Liquid]

I didn't. I said I wasn't sure because I didn't have the facts. And that I hoped his commander makes the right decision based on the facts. If/If he admitted to his commander or OSI or SFS that he was drunk, grabbed someone's ass, and was really sorry about it, they would have facts that could form the basis for administrative actions. If he was truly innocent and there were no facts showing misconduct, they probably wouldn't. My guess is that he was acquitted, but there is evidence of misconduct. I said I'm not sure he needs to lead in our Air Force. What would you do with the same incomplete information, suggest we put him in command of a recruiting squadron or promote him to Colonel BPZ? He may have already received an LOR and referral OPR for being arrested for sexual assault while intoxicated and fired from his SARC position. Perhaps we will find out what actions were taken by his commander and why. We usually don't because administrative actions are not publicly released.

[HeloDude]

Anyway, the burden of proof is different in juducial and non-judicial proceedings. NJP could be applied due to conduct unbecoming, drunk and disorderly, etc. Heck, an LOR could be used which would result in a UIF and referral OPR and that would effectively end his chances of promotion.

Nonjudicial punishment falls underneath Article 15 of the UCMJ...which must be accepted by the offender. If the offender doesn't accept the terms of the punishment of his CC under Article 15 then they move to a trial. In a trial, the burden of proof is still on the prosecution. By all means, someone please correct me if I am wrong.

I agree on the rest of what you wrote though...the Air Force can sink your career and make your life a living hell whenever they want, and you have very little recourse outside of filing an IG complaint (good luck with that) and writing your Congressman (which may or may not do anything). Very few people challenge the system because even if you win, you still kind of lose...and when you lose, then you really lose bad. Senior officers know this, and those same senior officers know that we know this too.

Guys like Liquid and their shining prodigies are part of the club...the rest of us, not so much. We're just the help and they just throw us an occasional bone or two to keep us in line.

[Liquid]

Nonjudicial punishment falls underneath Article 15 of the UCMJ...which must be accepted by the offender. If the offender doesn't accept the terms of the punishment of his CC under Article 15 then they move to a trial. In a trial, the burden of proof is still on the prosecution. By all means, someone please correct me if I am wrong.

I agree on the rest of what you wrote though...the Air Force can sink your career and make your life a living hell whenever they want, and you have very little recourse outside of filing an IG complaint (good luck with that) and writing your Congressman (which may or may not do anything). Very few people challenge the system because even if you win, you still kind of lose...and when you lose, then you really lose bad. Senior officers know this, and those same senior officers know that we know this too.

Guys like Liquid and their shining prodigies are part of the club...the rest of us, not so much. We're just the help and they just throw us an occasional bone or two to keep us in line.

Is this the same advice you give your subordinate officers and enlisted? What would you tell the SSgt gunner that was being screwed over by his supervisor? That they have little recourse and they will lose?

[HeloDude]

Is this the same advice you give your subordinate officers and enlisted? What would you tell the SSgt gunner that was being screwed over by his supervisor? That they have little recourse and they will lose?

I would tell them that they can make an IG complaint and/or contact their Congressman. I also suggest to them that they can always go to talk to the ADC for just about any legal question they have and that they are far more the experts in the legal realm than I am.

As for telling the young guys that most likely very little will get done unless it's extremely blatant or is a 'flavor of the month' type complaint?...no, I do not. They have their peers and mentors for that...not that it's much of a secret these days as you can see from posts in the other threads.

Again, you don't see how 'singling out someone for their race/saying Wilkerson assaulted someone' is a bad thing, and you're part of this larger process. Like I said, you're part of the higher echelon club, I, and most others here, are not.

Edited November 16, 2013 by HeloDude

[Hacker]

I'm not sure because I don't believe everything I read in the paper and I don't know the facts. Hopefully his commander will make the right decision based on the facts.

Unfortunately, such an outlook doesn't seem to be shared by a good number of GO-level leadership. Perhaps your perspective can be shared with them, in an effort to help them lose their reactionary, knee jerk reactions to sensational stories that are later proved to be incorrect or false once the actual facts come out.

Nonjudicial punishment falls underneath Article 15 of the UCMJ...which must be accepted by the offender. If the offender doesn't accept the terms of the punishment of his CC under Article 15 then they move to a trial. In a trial, the burden of proof is still on the prosecution.

Unfortunately, there are also other aspects to this that figure in to someone accepting an Art 15 vs going to a CM, not the least of which is that many times for officers they are charged with wonderful murky things like "dereliction" or "conduct unbecoming" which have very different standards of proof than the very specific charges made in a civilian criminal court. Also remember that the risk of losing in a CM is a federal conviction that someone will carry with them long after they leave the military, whereas an Art 15 does not.

It is NOT a clear case that someone actually did what they were charged with when they choose to accept an Art 15 rather than take it to a CM. There is a much larger risk management decision to make.

What senior leader is considering him guilty?

Every Wing Commander who has let their SARC or SJA use his mug shot and story at every sexual assault training for the last year without having them also give a follow-up comment that he was not found guilty of any of the charges initially laid against him.

[Herk Driver]

Nonjudicial punishment falls underneath Article 15 of the UCMJ...which must be accepted by the offender. If the offender doesn't accept the terms of the punishment of his CC under Article 15 then they move to a trial. In a trial, the burden of proof is still on the prosecution. By all means, someone please correct me if I am wrong.

Hacker beat me to it and hit the main points. Just wanted to add that it is unlikely that this guy will be offered an Art 15.

To clarify one thing though, you don't get to choose whether to accept the terms of punishment of your CC only whether you will accept Art 15 punishment or desire to go to trial. That is why most JAGs will not recommend and most CC's won't push for an Art 15 offer if they do not have enough to go to trial. When offered Art 15, you have no idea what, if any, punishment may be handed out during the process. You can be found 'not guilty' and given no punishment.

Back to this case though, depending on what the evidence against him shows, he could be issued an LOR for the murkier issues that Hacker pointed out, which effectively ends his career.

Just like Rainman would tell you to never talk to the media...I advise you to always talk to your ADC.

Edited November 18, 2013 by Herk Driver

[Fud]

Hacker beat me to it and hit the main points. Just wanted to add that it is unlikely that this guy will be offered an Art 15.

To clarify one thing though, you don't get to choose whether to accept the terms of punishment of your CC only whether you will accept Art 15 punishment or desire to go to trial. That is why most JAGs will not recommend and most CC's won't push for an Art 15 offer if they do not have enough to go to trial. When offered Art 15, you have no idea what, if any, punishment may be handed out during the process. You can be found 'not guilty' and given no punishment.

Back to this case though, depending on what the evidence against him shows, he could be issued an LOR for the murkier issues that Hacker pointed out, which effectively ends his career.

Just like Rainman would tell you to never talk to the media...I advise you to always talk to your ADC.

Huge 2 on talking to your ADC before talking to anyone else. When offered an Art 15, you are correct in your notion that you can accept the article 15 forum or go to trial. However, there are maximum punishments for officer/enlisted members, and that is all that can happen in regard to punishment. More than likely, the member will have the Art 15 placed into a permanent part of their record, given a referral OPR/EPR, and assignments taken away.

You can be given an LOR for any departure from standards from a commanding officer. An LOA can even end one's career. It will generate a referral report for officers, and effectively end or halt the member's career, although some enlisted members recover. It will be interesting to see if this is publicized in this case, or if we'll ever hear about the resulting administrative actions.