Did Judge Walter Scott Smith Jr. bury the true whereabouts of William Henry Foster at the time of the alleged crime at the request of the Army? I ask this because when I was celled up with Will at USP Victorville I was shown a document from Kris Kim at Yahoo to Will's lawyer Chad Van Cleave dated February 2, 2009. The letter contained all of the timestamps from Will's Yahoo account during the summer of 2008 when he was allegedly conspiring to kill his wife while deployed to Iraq. I made a note of some of the ip addresses from those timestamps and none of them appear to be Iraqi. For instance IP address 188.8.131.52 is based out of Lebanon, which is where Will says that he was really deployed. He said that Judge Smith refused to let him show his true location to the jury in order to defend the accusation that he committed a crime while deployed to Iraq as charged in the indictment.
Will says that the Army objected to the evidence on the grounds that his mission was classified. According to Will he was deployed to Lebanon in the summer of 2008 as part of a Military Transition Team. I found this surprising because I did not know that the US had military advisers in Lebanon during the Iraq War. He did not know who he was training or why, just that his job was to teach basic rifle marksmanship and to tell people that he was an exchange student. Will has an impressive service record that includes two Purple Hearts and an Army Commendation Medal. He was deployed to the middle east originally as an infantryman, became a sergeant, and was later assigned to a Military Transition Team in charge of teaching so called "friendly" units how to fight.
Judge Smith also denied Will's habeas corpus petition filed under 28 U.S.C. 2255 for being one day late. He said that conditions of confinement are no excuse for being late. I highly disagree. When people are locked down they can't work on their cases at all if they need to use a computer or a typewriter. Judge Smith should have allowed it. I recommended that Will file a 60(b) motion. Last I heard he has a new judge because Judge Smith resigned during a sex scandal for which he was sanctioned by the Fifth Circuit for making inappropriate sexual advances towards a female staff member in his chambers in 1998.
Lastly, Will was convicted under a conspiracy law that relies heavily on witness testimony. There are a lot of people in federal prison on conspiracy charges because someone said they did something. It is basically a he said, she said scenario. It happens a lot with drug cases in which someone says they bought drugs from someone or someone says they sold drugs to someone. A lot of conspiracy cases get rejected by other law enforcement agencies for lack of evidence only to be picked up by the feds for conspiracy prosecution. Will explained that lack of evidence prevented the Army from charging him in military court.