Kudos to US Congressman Barry Moore (R-AL) who petitioned President Biden to review an egregious miscarriage of justice in the military. The petition asks the President to order a new trial for Air Force Major Clarence Anderson III that will allow him to present exculpatory evidence that was not, (but should have been) considered by the jury before rendering a verdict.
The letter (https://www.majorandersoniii.com/Moore_Letter_POTUS.pdf) to President Biden references accusations of prosecutorial misconduct, witness tampering, and evidence suppression during Anderson’s court martial.
The new-trial request from Congressman Moore is certainly unprecedented, as he also requested President Trump (https://www.majorandersoniii.com/Moore_Letter_to_POTUS.pdf) to order a new trial for Major Anderson during the final weeks of his presidency.
Anderson was falsely convicted of sexual assault and other related crimes against his then wife after he learned of her affair with a fellow school teacher. Upon discovering the affair, Anderson filed for divorce. The judge granted joint custody with the child staying with the mother for a week, then with dad (Major Anderson) for the next week.
Anderson’s wife initially filed that Major Anderson was abusive and shouldn’t get custody at all. The judge didn’t believe her and awarded joint custody with the final decision of full custody for Major Anderson when it came time for him to have a permanent change of station (PCS). This is why she attempted to bribe Maj. Anderson before trial that if he gave her full custody, then she wouldn’t testify.
It was clear to Major Anderson the divorce court judge felt his wife had major credibility problems. When she could not get what she wanted from the judge, and her husband would not take the bribe, she went apoplectic and sought any an all remedies to gain custody of the child. And if she could ruin Major Anderson, that would be icing on the cake.
His wife ultimately retaliated accusing Anderson of sexually assaulting her to military officials, only to bribe Anderson before trial that if he gave her custody of their child, then she would not testify.
Anderson rejected her offer and presented evidence of her bribe to the General presiding over his trial who failed to intervene and halt the proceedings.
With no physical evidence he committed a crime, with civilian police officers also testify at his trial that he never committed a crime against his wife, the military was more than happy to hand down a guilty verdict.
The x-wife’s dream came true. She gained custody of the child and railroaded Maj. Anderson right into prison for something he did not do.
Specifically, Anderson was convicted because the former Judge Advocate General of the Air Force, Lieutenant General Richard T. Harding, gave the unlawful instruction to Air Force judges’, that all accusations will go to trial, even those without merit, and all victims will be believed even if they are conjuring up one lie after another.
Not knowing of this unlawful instruction from General Harding, Anderson elected a judge alone panel instead of a jury, and the single judge panel found him guilty and sent him to prison for 3 1/2 years.
After Anderson’s conviction, it was discovered that his wife’s lover was paid $100K by his wife’s mother, prior to testifying against Anderson, and that he and Anderson’s wife also committed perjury during Anderson’s trial.
Anderson was granted a post-trial hearing to evaluate this newly discovered evidence after US Congresswoman Martha Roby (R-AL), the predecessor to Congressman Barry Moore, submitted a congressional inquiry to the Air Force
The Air Force promised Congresswoman Roby the military judge had full authority to hear the newly discovered evidence and order a new trial, only to strip those authorities from the judge at the post-trial hearing, reversing what was affirmed to Congress. Anderson has never been allowed to present the evidence to prove his innocence.
President Biden has tasked the Air Force to respond to Congressman Moore’s petition. Not sure why President Biden wouldn’t task an independent party outside the Air Force, to investigate these accusations.
The President and the Secretary of Defense have an opportunity to right a terrible wrong and send a message to all military commanders. Before they levy charges and convene a court, they had better get all the facts straight and allow the accused to have exculpatory evidence considered by the court.