-Caveat Lector-

Hi !

Below please find legal information on Aquino.

Sincerely,  Neil Brick

All accusations are alleged. This may be triggering for survivors of abuse

excerpts from http://www.illusions.com/opf/aquino02.htm

"MEMORANDUM IN SUPPORT OF DEPENDANT'S MOTION FOR JUDGMENT ON THE RECORD
STATEMENT OF THE CASE"

"This is an action brought pursuant to the Privacy Act of 1974, 5 U.S.C. S
552a(g), in which plaintiff alleges that the U.S. Army Criminal Investigation
Command (CID) has refused to amend a Report of Investigation (ROI) which
states that plaintiff was the subject of an investigation for sexual child
abuse and related crimes."

"1. Plaintiff Michael A. Aquino is a Lieutenant Colonel (LTC) in the United
States Army Reserve. His name appears in the title block of a CID report of
investigation (ROI) for indecent acts with a child and related offenses.
Government Exhibit (G.E.) D at 1-4."

"5. FBI Agent Foreman interviewed Kinsey at 9 P.M. the next day, August 13th.
She told him that "Mikey wears Army clothes like my daddies [sic]", and that
"Mikey" put his penis into her mouth, bottom, and vagina just like "Mr.
Gary." Kinsey also told FBI Agent Foreman that she went with "Mr. Gary" to
his house and "Mikey" and "Shamby" were there. Id. at 9. Kinsey told her
mother that "Mikey" was the "blood man," because he had put blood on her and
licked it off."

"11. On January 3, 1988, plaintiff made a written sworn statement denying the
allegations against him and preferring sworn charges against CPT
Adams-Thompson for conduct unbecoming an officer."

"13. On August 12, 1988, the San Francisco district attorney's office closed
its investigation of child abuse at the Presidio CDC. It filed no charges
against plaintiff or anyone else."

"17. On May 15, 1989, CID agents and legal advisors met with LTC Craig
Schwender, Staff Judge Advocate for the Presidio, and viewed the
investigation and evidence with him. LTC Schwender opined that there was
probable cause to title LTC Aquino for the offenses of indecent acts with a
child, sodomy, conspiracy, kidnapping, and false swearing.(F3) G.E. D-16 at
113."

"A. Plaintiff May Challenge Facts, But Not subjective Judgments Such As a
Titling Determination. Plaintiff is not entitled to relief because the
proposed amendment pertains to the accuracy of subjective judgments and
determinations, not to the accuracy of factual, historical data."

"After discussing the evidence and reviewing the investigation, the Presidio
staff judge advocate, LTC Craig Schwender, opined that probable cause existed
to place plaintiff's name in the title block of the ROA. G.E. D-16 at 113."


excerpts from :
                        UNITED STATES DISTRICT COURT
                                     FOR
                      THE EASTERN DISTRICT OF VIRGINIA
                             ALEXANDRIA DIVISION

MICHAEL A. AQUINO...

PLAINTIFF, Civil Action
v. No 90-1547-A

THE HONORABLE MICHAEL P. W. STONE
Secretary of the Army
Department of the Army
Washington, D.C.,
DEFENDANT,

Also Serve The Attorney General Of the United States
Department of Justice
Washington, D.C.
and
The United States Attorney
1101 King Street,Suite 502
Alexandria, Virginia

FACTS

1. Plaintiff, then an active duty Lieutenant Colonel in the United States
Army, was titled by the U.S. Army CID, on August 11, 1989 for Conspiracy,
Kidnapping, Sodomy, Indecent Acts or Liberties With a Child, Indecent Acts,
False Swearing, Intentional Noncompliance With Article 30, Uniform Code of
Military Justice, Maltreatment of a Subordinate and Conduct Unbecoming an
Officer.

2. Plaintiff sought to amend the titling action and requested that
Plaintiff's name be removed from the title block.

3. The CID granted relief in part and denied relief in part. Plaintiff
remains titled for Conspiracy, Kidnapping, Sodomy, Indecent Acts and False
Swearing."

"that "(t)here was sufficient evidence from which the Army decision maker
could determine that probable cause existed to believe that [Aquino]
committed the offenses" and that therefore the Army's decisions to create the
report and not amend it were not arbitrary or capricious."

"In its initial decision to include Aquino in the title block of the report
of investigation, the CID relied principally upon the testimony of CPT
Adams-Thompson's daughter that "Mikey" had sexually molested her, on her
identifications of Aquino as "Mikey" and of the Aquinos' apartment building
as the location of the alleged crime, and on other evidence from Aquino's
apartment partially matching the child's descriptions of the locale of the
crime. The Army denied Aquino's request to amend the report on the basis that
Aquino's "evidence of alibi," the testimony of the men working in the
Aquino's apartment at the time of the alleged offenses, was not persuasive.
The Army's considerations in both decisions clearly were relevant and their
factual bases not so wholly unreliable as to render either decision arbitrary
or capricious."

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