Helping Survivors and their Families Exercise their Rights.
Helping Survivors and their Families Exercise their Rights.
Denisha Montgomery Smith was found dead in her barracks room on August 9, 2022 while forward deployed to Germany in support of operations in Ukraine. She was a Military Police (MP) Officer with the 16th MP Brigade. Twenty-one days prior, Denisha reported to her family and her chain of command that she was brutally assaulted by four other MPs who choked, strangled, and beat her.
The military immediately ruled Denisha’s death a suicide, prior to investigating the circumstances surrounding her death. After the conclusion of their investigation, the military continued to dig into this suicide narrative, ignoring some very startling findings.
Then how did she get those bruises?
After Denisha was assaulted, she called her family and asked them to record the call. She told them what happened and showed them her extensive injuries. The military later revealed video of the assault in the car, but told the family that they were just trying to save her from hurting herself.
They did this by choking and beating her. At one point, when Denisha was able to escape and get out of the car, they chase after her yelling: “Get that F**** B**** back in the car.”
Does this sound someone trying to help their friend?
The military’s investigation also revealed that her chain of command turned off the security cameras that would show who entered and exited her barracks room. They turned them off immediately before she was assaulted, and the security footage was not turned back on until after she was found dead. The military determined that this was an accident. Of note, the person that “accidentally” turned off the security footage is a career law enforcement officer, Denisha’s supervisor, and the person who found her dead in her barracks room.
One of the cops that assaulted Denisha in the vehicle was also Denisha’s roommate. After the assault occurred, Denisha’s leadership moved the assailant out of Denisha’s room into another barracks room. However, this room was next door to Denisha and they ultimately shared the same bathroom (in a Jack and Jill adjoining room fashion). The military also did not take the assailant’s room key away from her, thus one of the cops that assaulted Denisha had access to Denisha’s room via a room key AND via the bathroom.
There were multiple keys made to Denisha’s room, and one key was not turned back into key control until after Denisha was found dead. Yet, the military told the family that all keys were accounted for and that it was impossible for anyone to access Denisha’s room.
Additionally, there is also a Master Key for all the barracks rooms. The same person who turned off the security footage, moved Denisha’s assailant to the room next door, and found Denisha dead, is the same person who used the Master Key to gain entry to Denisha’s room to find her dead.
The military told the family that Denisha hung herself. They stated that she hung herself in her wall locker, and did so kneeling on the ground. Denisha was not suspended in the air. She was on her knees, on the ground. Thus if Denisha needed air, she could have simply stood up. The military tried to explain this bizarre method of suicide by saying that she must have passed out first and fallen forward at such a specific angle that she blocked off blood flow to her carotid artery, which led to unconsciousness, then asphyxiation. Using this logic, Denisha would have had to pinch her carotid artery enough to pass out on her knees. Then while unconscious, fall forward at the same exact angle whereas no blood could flow to the brain to awaken her. In order for blood to flow to her brain again, she would simply have to fall forward while unconscious slightly to the left or the right. The likelihood that she fell forward maintaining pressure to carotid artery is so slim that it shakes the conscience, particularly in light of the circumstances leading up to her death.
Denisha was a young mother with three small children. She was scheduled to return from Germany in just a couple of weeks. She had packed her bags and sent those pictures to her family in her excitement to come home. On the night that she died, she sent a video of her dancing to her wedding song to her husband. She does not appear suicidal in the video, and looks like someone who is excited to come home.
It is imperative that the FBI take over this case immediately. If the military is trying to cover up the death of one of their own law enforcement officers, who is the agency that provides oversight to check that?
The answer is NO ONE. No one has oversight. The military is free to sweep this under the rug as they choose with no checks and balances and no accountability.
This cannot stand. No agency can operate with this kind of impunity. Congress needs to step in, investigate this matter, and hold all those who played a role in the death of Denisha Montgomery Smith and its coverup accountable to the fullest extent of the law.
The military can no longer operate without oversight. How many more black and brown women need to be sexually assaulted and die before the military’s leadership is held accountable?
We demand justice for Denisha Montgomery Smith now.
Help us elevate Denisha's voice and Donate NOW!!
According to the Department of Defense, more than 26,000 Service Members are raped every year. Of those that made a report, 64% expressed that they were retaliated against for reporting.
Are you being actively retaliated against while in service after reporting an assault or harassment? We can help. We provide legal counsel and help file actions with the Inspector General, Office of Special Counsel, Congress, and more.
Many of our clients were kicked out of the military for reporting, and thus are not able to receive Veteran’s Benefits. We in turn file actions with the Board of Corrections for Military Records (BCMR) to upgrade their discharge. We then petition the Veteran’s Administration (VA) to get them all the benefits that they deserve.
Are you looking to train your team, gain greater awareness of the issues that victims are experiencing, and bring your advocacy to the next level? Reach out and let us help.
GREAT NEWS!!!!
The UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT affirmed the lower courts ruling in allowing a Service Member to sue another Service Member for sexually assaulting them.
Short story: Colonel Kathryn Spletstoser accused General John Hyten of sexually assaulting her and filed a civil claim against him. His Attorney's argued that Hyten was immune from suit under US v. Feres because the "injuries arose out of or are in the course of activity incident to service."
US v. Feres is a Supreme Court case that held that the Government would not liable for those injuries. Spletstoser brought suit under the Federal Tort Claims Act (“FTCA”). The district court concluded that the doctrine established in Feres v. United States, 340 U.S. 135, 146 (1950) (holding that “the Government is not liable under the [FTCA] for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service”), did not bar plaintiff’s claims because the “alleged sexual assault [could] not conceivably serve any military purpose."
We filed an Amici Curiae Brief in support of Colonel Kathryn Spletstoser and are overjoyed that her suit is allowed to continue.
You hear that?!?
The Court upheld a Service Member's right to sue another Service Member for sexually assaulting them.
Sexual assault is NOT a part of your military service.
Look out rapists, we're coming for you.
Download the full decision below.
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