The following information related to the case of U.S. Army Staff Sergeant Calvin Gibbs is currently sitting on the desk of President Donald J. Trump for consideration to invoke his statutory powers under 10 U.S. Code Sections 822 and 860 to disapprove the findings and the sentence, or provide a full and unconditional pardon, or commutation of sentence to 13 years.
Gibbs was convicted in 2011 of three counts of premeditated murder while on a combat deployment to Afghanistan and was sentenced to life in prison.
- GIBBS PLEADED NOT GUILTY: Gibbs testified in his own defense and denied planning, conspiring, or killing any non-combatants.
- THERE WAS EXONERATING EVIDENCE: A Soldier who did NOT testify at Gibbs’ trial, later testified he & Gibbs lawfully engaged one of the three Gibbs was convicted of “murdering”
- GIBBS WAS NOT PRESENT: Gibbs was not even at the scene for two of the three “murders.”
- THE LYING MURDERERS COLLUDED: There was no forensic evidence to support the allegations, only testimony from junior Soldiers the Court referred to as, “…drug users, liars, and murderers… who had both a motive to fabricate and the opportunity to collude.”
- PLEA DEALS: In return for testifying against Gibbs, Soldiers who pleaded guilty to murdering civilians received extremely lenient punishment, instead of the death penalty.
BACKGROUND
Gibbs has a young son, Cal Jr., who was 2 when Gibbs was convicted. He loves his father and wants nothing more than to have his father home. Gibbs is 35 years-old from Montana, a combat infantryman, and non-commissioned officer with eight years of honorable service and multiple combat tours, whose awards include two Army Commendation Medals and two Army Achievement Medals. Friends remember him as tall, clean cut, confident, and ready to serve. Gibbs was often described as a “recruiting poster Soldier.”
SITUATION
SOLDIERS SMOKING HASHISH: Army CID investigated allegations of Soldiers in Afghanistan smoking hashish and threatening a potential “snitch.” Gibbs, more mature, spent his down time reading and working out, not smoking hash. As such, he readily complied with CID. The ringleader, a Soldier named MORLOCK, admitted he and others (who testified against Gibbs) got high on hash and pain killers.
COLLUSION LED BY MORLOCK: During CID’s investigation, MORLOCK also confessed to committing “murders.” However, at the time, he did not implicate Gibbs. MORLOCK told CID, during a videotaped interview, he did not witness GIBBS commit any offenses. After confessing, CID allowed MORLOCK to go free to meet with the other drug users. During trial, MORLOCK and others admitted to driving around in a stolen truck on the Afghan base smoking hash and colluding about the “murders.” The next day, MORLOCK implicated Gibbs in the “murders” to lessen his own criminal conduct and that of his fellow drug users.
PREFERENTIAL AND INAPPROPRIATE TREATMENT BY CID & PROSECUTORS: When CID interrogated Gibbs about the “murders,” he was surprised and requested a lawyer. In exchange, Gibbs was literally locked in a cave, mistreated. Meanwhile, prosecutors gave MORLOCK and others special privileges, e.g., lunches, phone calls, etc… to keep them focused on convicting Gibbs.
WAGNON’S EXONERATING TESTIMONY: Prosecutors charged a respected Soldier, WAGNON, with “murder” to keep him from testifying for Gibbs. After Gibbs was convicted, they dismissed WAGNON’s charges. 5-years later, WAGNON testified at a DuBay hearing that he and Gibbs killed a military aged male who fired at Gibbs with an AK-47, i.e., one of the three Gibbs was wrongly convicted of “murdering.” Despite Gibbs request, the Court of Appeals of the Armed Forces refused to even hear this important appeal.
GIBBS WAS NOT AT THE SCENE OF TWO CRIMES: Several witnesses testified GIBBS was not present for the other two “murders.”
CONVICTION VIA PLEA DEALS: No forensic evidence supported the allegations, only plea deals. MORLOCK pleaded guilty to 3 counts of premeditated murder: 24-years. HOLMES pleaded guilty to murder: 7-years. WINFIELD, pleaded guilty to manslaughter: 3-years.
JUSTICE: While not perfect, Gibbs should be held accountable for actions which he acknowledged were wrong, NOT MURDER, and he should not serve more time than those who actually admitted to killing the civilians.
STATUS OF CASE
Gibbs spent 547 days in harsh pretrial confinement and is presently serving a life sentence at the USDB, Ft. Leavenworth.
Consistent with the President’s vow to end the “endless war” in Afghanistan and the recent negotiations between the US and the Taliban which led to the freeing of thousands of Taliban prisoners, 150 of whom are on death row for heinous “war crimes,” —
GIBBS IS RESPECTFULLY REQUESTING THE PRESIDENT OF THE UNITED STATES INVOKE HIS STATUTORY POWERS UNDER 10 USC SECTIONS 822 AND 860 TO DISAPPROVE THE FINDINGS AND THE SENTENCE, OR PROVIDE A FULL AND UNCONDITIONAL PARDON, OR COMMUTATION OF SENTENCE TO 13 YEARS.
