My name is Gwendolyn E. Lindsay-Jackson, and I am an African American woman, a New York resident, an Army Veteran and Retired USAR JAG, and a victim of gross racial discrimination and sexual harassment. In 2007, I was convicted of a New Jersey Petty Disorderly Persons Offense (henceforth referred to as “DP”) by a Fort Dix Magistrate Court Judge for simple telephone harassment (no threats), which was based on alleged hang up calls, music playing in the background, and a male caller using my cell phone whom the alleged victim said was me. I was not entitled to a jury because it was a DP case, and the Ft Dix Prosecutor (who was a JAG officer deputized as a US Attorney through an affiliation with the Newark NJ US Attorney’s offices) refused to consider me for a discretionary diversion opportunity even though I had a letter of recommendation from the Honorable Judge George Yanthis, a Federal Magistrate Judge in White Plains NY who was my former Boss in the New York Army National Guard.
The alleged victim was my former supervisor whom I had reported for severe sexual harassment and for threatening my career with retaliation for refusing his advances. In 2003 on a two-week annual training tour in Germany, he pressured me to accompany him on an off-duty Paris Museum Bus tour, and later attempted to sexually assault me in my barracks.
The alleged victim and I have had other telephone harassment related charges filed against each other dismissed and resolved in the past, however the Fort Dix Prosecutors refused me any alternative resolution. There was an unconstitutional gag order imposed on me by the magistrate judge to force me to stop talking to the media about the case and continuing intimidation. As a result of this case, my life was ruined and I lost my job which, I had for ten years without a negative incident. I was also forced to retire from the US Army Reserves. I received military sexual trauma treatment as a condition of a related dismissed matter in Bergen County Court involving this very same alleged victim. My attorney suggested that we approach the US Attorney in Newark NJ and respectfully request the case on Ft Dix be reopened and contiguously dismissed with the Bergen County case which recognized my claim of being sexually harassed by the alleged victim. I was allowed to complete A Military Sexual Trauma Program at the VA.
As a veteran Since 1983, I know that if the Prosecution of the Ft Dix Case was handled by a civilian US Attorney as opposed to a Deputized JAG, I would have received favorable consideration to have my case handled like a Drug Court Case and I would have been granted the opportunity to receive Military Sexual Trauma treatment and an opportunity to avoid a conviction on my record. I was denied that opportunity in 2008 and I respectfully request your assistance with getting this matter reopened by the US Attorney’s Office. My first trial attorney was Mr. Paul Bergrin who is currently serving a life sentence. In 2007 neither Mr. Bergrin nor the Ft Dix Magistrate judge notified me that Mr. Bergrin was being investigated by the very same Newark NJ US Attorney’s office for murder, nor did they inform me of Mr. Bergrin’s indictment in by the Manhattan DA about an allegation that he was running brothel which I believe was the very same one Former NY Gov Elliott Spitzer was implicated in. Mr. Bergrin failed to properly investigate my case and refused to turn over my file to my second trial attorney in May 2007, who had less than two months to familiarize himself with my case. This new attorney was further hamstrung by Mr. Bergrin’s inaction, which made it impossible for witnesses to be interviewed who would have remembered seeing me standing in formation at attention during the exact same time the alleged victim said I was calling his phone.
My military situation has resolved itself with the help of the Department of the Army and another inquiry that was filed on my behalf. As a result, I have received an offer to reapply for my military position which is contingent upon the Fort Dix Federal DP case being reopened, dismissed (contiguously with the Bergen County case), and possibly expunged. In addition, I have a much better chance to try to get my civilian job back when this is dismissed as well, especially in light of my MST.
I have been in contact with several Military Rape and Sexual Harassment Advocates about my case including Protectourdefenders.org written for me which explains that military sexual harassment/assault victims suffer from retaliation from their abusers which involves filing criminal charges against the victim and taking action against the victims employment opportunities. My abuser wrote to several potential employers informing my potential employers about the Ft Dix case and he even went so far as to forward them my indigent application to the District Court seeking a court appointed attorney.
I am a retired Army JAG, and an African American woman who has been continuously harassed and discriminated against. The following 10-year-old non-precedent opinion from the United States 3rd Circuit Court of Appeals website Google hit regarding a petty disorderly persons conviction shows up as the first item under my Google profile when applying the search terms “Gwendolyn Jackson Attorney.” This continues to cause irreparable harm to my reputation and employment opportunities. This horrible racist effect was the intent.
I’m still in the fight for my life.
I have a motion pending before the Third Circuit court of appeals to remove the opinion or in the alternative seal my case files. I used the attached redacted letter to Senator Gillibrand as my appeal.
Today Assistant US Attorney Steven Sanders filed an out of time objection to my motion so I filed a request to deny his out of time objection.