Private says soldier jailed in assault was framed

Pvt. Brandon Jonjack had served time at the military’s correctional facility in Mannheim, Germany, with Staff Sgt. Stephen Burley and three other soldiers who were convicted in the Jan. 12 assault of an underperforming soldier. During the hearing Thursday, Jonjack said he believed “100 percent” that Burley wasn’t involved in the crime. But he could offer no proof.

At one time, the defense thought Jonjack would be the key to getting Burley freed — or at least get him a new trial.

Led by civilian attorney Charles Gittins, the defense had hoped to use an affidavit, supposedly given by Jonjock, that stated the other three privates — Cody Colkmire, Frank Kirmse and Joshua Stockton — had told him they had conspired to frame Burley and lessen their own punishments.

The three soldiers were reduced in rank to E-1 and sentenced to 60 days at Mannheim for their assault. Burley, who continues to maintain his innocence, was convicted of planning the attack and directing the three lower-ranking soldiers to carry it out.

On Thursday, Jonjack said the affidavit wasn’t true.

In a meeting Monday with government prosecutor Capt. Larry Babin, Jonjack said his signature was not the one on the affidavit. Although he had read parts of the statement at least twice over the phone, he testified he hadn’t paid close attention because he didn’t realize its importance. He said his stepmother — a notary public — signed the document for him.

He told Babin he had never seen the actual document, and while he believed the three soldiers had conspired to frame Burley in the crime, none of them had actually told him that.

He testified that he thought he was only giving his opinion of the case while providing information for the affidavit.

“I was trying to help someone who I feel is innocent,” he told Gittins.

When Gittins asked him why he believed Burley was framed, Jonjack said the general demeanor of the three other soldiers while at the prison led him to believe they had gotten away with something.

“They had more fun in there than a kid in the playground,” he said.

Burley, who started serving his sentence in May, attended the post-trial hearing and testified briefly about his interactions at Mannheim with Jonjack. He testified that Jonjack had told him the other three soldiers had conspired against him. He later relayed that information to a civilian attorney his father had hired, leading to the affidavit.

Gittins argued that Burley deserved a new trial in light of the new information. Babin said there was no new evidence submitted that warranted such a move.

Military judge Lt. Col. Edward O’Brien, who presided at Burley’s court-martial in Vicenza, presided at the special session. He said he would consider the testimony and make a recommendation to Maj. Gen. Frank Helmick, commander of the Southern European Task Force (Airborne) and the convening authority. Helmick then would decide if any action is taken on the case.