It was October 2003, near the eve of Lt. Joseph Harding’s graduation from flight school. He was removed from class at Columbus Air Force Base, based on an allegation of rape. Despite his innocence, the right to a “fair and speedy trial” is being denied. Documents declared by the presiding judge as “relevant and necessary to guarantee a fair trial,” are being withheld from Court-Martial proceedings.

The actual facts of the accusation and the strange management of the ensuing prosecution are nothing short of bizarre. As his case languishes without resolution, a cloud of suspicion unjustly, continues to follow Capt. Joseph Harding. The following is an account of how a commissioned Officer with a stellar record, has had his military career tragically derailed.

The Troubled Accuser

Author Christina Hoff Sommers in her book, Who Stole Feminism wrote, “Truth is no enemy to compassion and falsehood no friend”. Information related to Jessica Brakey has been printed in the Westword.com, the Denver Post and other news sources. It is included for the purpose of understanding in this matter.

Jessica Brakey, Lt. Harding’s accuser, had received warnings. She was placed on restrictions after a series of mis-conduct compelled the Air Force Academy, to request a mental health evaluation for her. She was also informed that she would be dis-enrolled, because of the following documented problems;
*she used a bat to physically attack a former cadet boyfriend in February 2002,
*she was arrested for Domestic Violence against a second cadet boyfriend near May, 2002. This
fight was because she did not want the first and second boyfriends to talk to each other.
*she had conflicts with an Academy Instructor and had several restraining orders placed against her
due to conflicts with other cadets.
*she stated her psychological assessment diagnosed her with bipolar, histrionic, and narcissistic personality disorders. (Disorders revealed by Brakey.) “Unfit” for service in the United States military.

False Allegations and Serious Contradictions

Jessica Brakey was in her senior year at the Air Force Academy. The consequence of dis-enrollment would end her military career aspirations. This included; that she would not get her bachelors degree, that she would forfeit being commissioned an officer, and that she would have to repay the Air Force for its prior investment in her education.

Just before her dis-enrollment hearing for the Domestic Violence arrest, Jessica Brakey went to the rape counseling center at the Academy on 21 August 2002. She alleged that she had been raped (September 2000), two years earlier. She also went outside of the Academy to find a legal solution to prevent her expulsion and she had counseling with Jennifer Bier, the rape counselor who would later refuse to release the records of her sessions with Brakey.

At her dis-enrollment hearing, September 9, 2002, Brakey claimed that the alleged rape contributed to her “misconduct”, as well as her emotional and mental condition, and she should be allowed to remain at the Academy to graduate and be commissioned an Officer.

The Air Force Academy investigated the allegations September 13, 2002. The first version of the alleged rape was convoluted, and lacked credibility. Jessica had told other cadets that “nothing happened between her and (“Cadet”) Joseph Harding.” She had also told other cadets she was a virgin. Having the diagnosed mental disorders and other misconduct, the Academy closed the investigation and started proceedings for dis-enrollment.

Desperation and Escalation

Jessica Brakey created a different version of the alleged rape to her psychic who was a constant advisor, and to the news media. A new chance for Brakey to exploit her rape allegation emerged along with the prospect of a movie deal. They advised her to go and find other female cadets who might have similar allegations of rape against other male cadets. Together, they orchestrated that when they reported that they were raped, they were summarily charged with other infractions and kicked out of the Academy.

Rape is a horrible crime and should be prosecuted to the fullest extent of the law. It is not being said that no one was raped at the Academy. It is being said that Jessica Brakey was not raped. And in fact, it was Jessica Brakey’s Domestic Violence Arrest which compelled the Academy to dis-enroll her. It’s impossible for the Air Force Academy to drum up this charge.

Jessica Brakey’s mental and emotional condition was an element of her claim. Brakey’s alleged claim of rape and demand for an apology and reinstatement into the Academy after her misconduct belies credibility. Her effort for recoupment or to get the military to waive the repayment of her education was also a part of her claim. The rape counselor, Jennifer Bier, made several demands for a bachelor’s degree for Jessica Brakey, something Jessica Brakey was not entitle to and did not achieve on her own.

Jessica Brakey bolstered her allegations on the Oprah Winfrey Show, CNN Ted Koppel and other major media when she claimed that her cadet commander Joseph Harding, who was her Program Superintendent during a ten day Global Engagement Exercise, held controlling authority over her. Brakey stated “I woke up…he was standing over my cot…. It was the creepiest thing I ever felt.” “ His signature went on my papers. “

Media exposure and pressure from political interest groups forced all allegations of rape reinvestigated which occurred between the time periods of 1993-2002. Several male cadets were charged with rape or sexual assault. The witch-hunt had started and the goal was to “prosecute and oust all alleged rapists.”

Upon this second reinvestigation (September 2003), Jessica Brakey once again changed her version of the alleged rape, eroding her credibility even further. Investigators made additional attempts to speak with her. The Air Force had to show the political interest groups that it will prosecute all allegations of rape. Still lacking a credible case, a female Investigating Officer solicited statements from another former female cadet to make statements against “then” Lt. Joseph Harding. This would help bolster the prosecutions withering case.

The second accuser had been threaten with dismissal from the Academy and given a second chance to improve after a violation of the Honor Code which includes, lying, cheating and stealing. Despite this opportunity, she was caught a second time for the very same violation and dismissed. Although her statements were dubious, in this politically charged instance, they led to an indecent assault charge against Lt. Harding for an alleged incident of fondling, dating back to 1999. By then, Harding’s good name and honor had been severely damaged, while the accuser Jessica Brakey was finding her way into the limelight of celebrity.

At every scheduled Hearing this second accuser refused to attend. She made several formal requests for the case to be dropped. She stated she did not want charges placed against Lt. Harding. The political pressure to prosecute was great. In order to win the Jessica Brakey case, the second accuser’s case was necessary.

The Case against Harding Weakens Steadily

The Article 32 Hearing (similar to a Grand Jury investigation), took four months to complete because Jessica Brakey did not show up or cancelled. David Sheldon, attorney for Lt. Joseph Harding objected to the admittance of her statements and demanded her appearance.

When Jessica Brakey finally attended the June 2004 (Preliminary) Hearings, Jessica Brakey contradicted her statements made to the public on Oprah Winfrey. Now she stated that cadet Harding did not enter her tent. “I met him outside the tent.” She later changed this to; “he stuck his head into the tent.” The cadet commander who had authority over Brakey and Harding were female! Officers and enlisted personnel were available during this Exercise. His signature would never go on her papers. But based on her statements, the Air Force charged Lt. Harding with Dereliction of duty for Abusing Command Authority and Position… this charges was later dropped. Jessica also testified under oath:

**that she had her arms around cadet Harding’s neck because she did not know what to do with her hands.

**She testified, “I leaned back and took my shorts off” and “I took off my underwear.” This contradicted her public statements to several media sources that he ripped her clothes off. Even her attorney appeared to be shocked at this revelation!

Salvaging Brakey’s Testimony

It was becoming evident that Jessica Brakey had deceived the public. This brought rape counselor Jennifer Bier in for the July 2004 Article 32 Hearing. Jennifer Bier was taking notes on Jessica Brakey’s testimony. While on the witness stand, at times it appeared there was some type of subtle communication between the two. At certain questions, Jessica Brakey requested breaks and Jennifer Bier went into the private witness room with Jessica Brakey, presumably to assist Brakey in her testimony. This appearance of subornation would be necessary to keep Jessica Brakey’s legal claim against the Academy, to keep her movie deals, and to prevent embarrassment to the organizations that has given their support to Brakey. Brakey testified:

**That she told her boyfriend that she was a “virgin” in October 2001. (This would have been one year after the period of September 2000, wherein she alleged that she was raped. A total contradiction to what she has told Oprah Winfrey and other media sources!

**That she “first” realized that she was raped after an argument in which her boyfriend accused her of giving him a sexually transmitted disease, (the bat incident, February 2002). But Jessica had told CNN Ted Koppel and other media sources that she was ashamed, afraid of repercussions and several other reasons when asked why she waited two years to report her alleged rape.

**She testified that in another incident where she alleged that she had a relationship with an officer (Lt. Ebert) at the Air Force Academy, she placed his personal information and e-mail address on a dating service exclusively for “gays”, (homosexuals), because , she testified” “I was fed up with him.”

**She testified that she read tarot cards and is regularly advised by psychics.

Coercion of Military Command

In the Military Justice System, The Convening Authority is required by law to act independently of the chain of command; to prevent improper prosecution of troops. Major General Ellis (Randolph Air Force Base, Texas) testified that Lt. Harding’s Wing Commander recommended the dismissal of all charges against him in August 2004, after the Article 32 Hearings. Major Ellis, then met with higher ranking echelon (Air Education Training Command, Commander, now retired, Donald Cook and his Legal Chief, Col. Bruce Brown). Col. Bruce Brown expressed his opinion that there should be a court-martial. This highly unusual and unethical meeting gave (according to the presiding judge) the appearance of Unlawful Command Influence, yet the case was still not dismissed.

Justice Denied the Accused (Manifest Injustice)

November 2004, the presiding Judge requested production of all mental health records of Jessica Brakey. All providers complied except rape counselor Jennifer Bier. Jennifer Bier created a smokescreen by accusing the Air Force of holding up Lt. Harding’s prosecution. It appears that Bier did this to divert attention from the fact that she now knew from her attendance at the Article 32 Hearing, that Jessica Brakey created different version of her allegation, and the rape counseling records of 2002 might exonerate Lt. Harding.

Jessica Brakey could not remember what she said last or to whom. She had different versions to her story based on who was listening. Rape counselor Jennifer Bier and Jessica Brakey’s obstructionist behavior in refusing to release the rape counseling records of 2002 (for the alleged rape incident in 2000), challenged Lt. Joseph Harding’s sixth amendment rights to Due Process.

Lt. Joseph Harding was looking forward to the chance to have his innocence proven at last, and the fraudulent accusation fully exposed at the June 2005 Court-Martial. The Court-Martial was ready to proceed. Witnesses had been waiting in hotels three days. The presiding Judge was compelled to declare that the Brakey case could not proceed without the file from the rape counselor. The Judge was about to call in the Panel Members (Jury), for the subpoenaed second accusers case but Air Force prosecutors advised the Judge that the Court-Martial is “Stayed”, (on hold) until the Air Force Appeals Court review, of the Judges ruling to separate the two cases. Lt. Harding attorney David Sheldon then filed and won the ruling two months later allowing the Court-Martial to continue with the second accuser’s case. Upon rescheduling, the Air Force finally dismissed the second accuser’s case at her request.

In September 2002 the Air force Academy opened and closed the investigation of rape based on the fact that Jessica Brakey in her own words cleared her alleged attacker. She was undeniably not credible. Her story simply did not make sense. After reinvestigations created by political pressure, charges placed against Lt. Harding that did not apply to him, and thousands of dollars spent to move this case to court-martial, she has back peddled at every opportunity to move the case forward. Why?

Jessica and the rape counselor has withheld (obstructing justice), the very evidence that she stated as part of her claim; that Lt. Harding caused her disruptive behavior towards cadets and staff and that he cause her to assault her boyfriends. She has refused to take responsibility for her own actions and alleged the rape to avoid expulsion from the Air Force Academy.

The rape counselor will tell you that Jessica must choose between healing and Justice. But once Jessica came to the public with her allegation to get attention and sympathy, the case belonged to the public and the Justice is the Healing. As you read this article, did you count the number of allegations that Jessica has told publicly, which she has changed or contradicted during testimony? How many untruths does Jessica get to tell because she is a female? Jessica and the rape counselor are counting on you, in letting her get away with the terrible injustice she has created. To this day the accused has been denied his right to finally prove his innocence.

The Tragedy of False Rape Accusations

There is a difference between rightfully crusading for victim’ rights and wrongfully grandstanding on them at the expense of innocent men.

There are those that contend that the Military does not prosecute alleged rapist or is anti-woman or pro-rape. They demand incredible sympathy for themselves but have none for men. They do not care if women use false accusations of rape for their own selfish purpose. On the contrary, they encourage it. ‘

Some, because of their vested interest, believe that it’s perfectly acceptable to falsely accuse a man of rape. Because men deserve it for being men. This attitude hurts both victims of rape and the men accused. In the end, it becomes a racket; a form of extortion, a weapon a woman can adapt to fit the circumstances. And in Jessica Brakey’s case, a way for an unethical woman to get what she wants, under the veil of playing victim. (A bachelor’s degree and waiver of payment for her education).

No one wants to believe that a woman would lie about such a thing as rape, but that is clearly what has happened in this case. Just as the gravity of this demands aggressive investigation, prosecution and punishment when the accused is guilty, it should demand exposure of those who make false accusations and punishment of those who do it for personal advantage, financial gain, manipulation or vengeance.

Lt. Harding complied with all the rules in the Administration of this urgent matter. Whenever it was time for his accuser (Jessica Brakey), to comply, she thumbed her nose at Justice. Disparities should not exist. The rules should demand equal requirements of both sexes.

Mary Matalin, (Excerpts taken from a 1993 Newsweek article)

We are not victims, our daughters are not infants, our sons are not brutes, our men are not monstrous pigs.

If women hate the idea that men can be strong, we’d better reject the myth that only women can be gentle.

If we aspire to leadership, it’s time that we take responsibility for our own capacity to abuse and victimize others.