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| Men of honor have come forward to speak the truth about the 2007 prosecution of Wisconsin's Keith Roberts for fraud, a crusade that has netted the lives of many military veterans. Commander, United States Navy (ret), Robert Don Hathaway has set the record straight, as bureaucrats crawl back under the rocks where they live and work. |
Navy Commander has come forward 50 years after a horrific death on a Naval air base to speak the truth and clear an innocent veteran wrongfully convicted by the VA and U.S. Dept of Justice
Updated - In 2010, the New York Times reported new U.S. Dept of Veterans Affairs regulations ending a requirement that "specific events like bomb blasts, firefights or mortar attacks" be documented as "stressors" for PTSD disability claims in a rare win for military veterans.
A related consequential victory, it appeared, was the V.A. and U.S. Dept of Justice halting in its search-and-destroy mission of seeking out veterans with PTSD and prosecuting them for fraud for any or no reason.
This related victory for veterans was misreported here.
A malicious bureaucratic scheme implemented by the U.S. Dept of Veterans Affairs, Office of Inspector General continued after 2010.
Figures obtained by Robert P. Walsh, a Vietnam War combat veteran and a Michigan attorney who fights now for veterans, show that there have been 3,403 criminal arrests of veterans for fraud between 1986 and 2018, according to an Aug 10, 2018 letter to Walsh from the U.S. Dept of Veterans Affairs, Office of Inspector General.
One of those veterans is Wisconsin's Keith Roberts; another is Karl F. W. Monkemeyer, two men who served their country only to come home to be accused of fraud and wrongfully prosecuted by federal bureaucrats feasting on our veterans like jackals.
There is no due process that is observed for veterans who upset bureaucrats.
There is federal law that is supposed to protect veterans, but this law, 38 C.F.R.§§ 42.1-42.47 (1988), is falsely regarded as advisory by VA staff, for example, who disregard its protective mandates and procedures in their lust to justify their own bureaucratic importance.
Keith Roberts
Roberts’ VA disability claim for his diagnosed PTSD is related to his trying to save his buddy, Florida native Airman Gary Holland, from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy in 1969.
The VA and U.S. Attorney claim that Roberts lied about his role at the death scene (though he was stationed there and was on duty) and that he lied about being friends with Holland, though the two trained and arrived in Naples together. [An analysis obtained from Roberts wife, Deloris Roberts, of the service histories of Gary Holland and Keith Roberts reveals parallel military careers that would make it unlikely that Holland and Roberts were not at least friendly in their relationship, and that contradicts the prosecution’s indictment and trial statements.]
Commander Robert Don Hathaway
Roberts' attorney, Bob Walsh, located Roberts' officer-in-charge, Robert Don Hathaway, who was stationed at the Naples air base and conducted a four-hour deposition.
Hathaway, Commander, United States Navy (ret), is described as a no-nonsense Navy officer who reacted with surprise at news of the Roberts affair.
Hathaway's April 12, 2019 affidavit in sum corroborates Roberts' recollection of the death scene and utterly disconfirms the United States Dept of Justice's ridiculous indictment that Roberts misled the VA about his actions.
Roberts has testified under oath and in numerous documents submitted to the VA that he was on line duty, ordered (perhaps in bad form) several officers to help with the rescue of Holland, until ordered away.
Reads Mr. Hathaway's affidavit in part: "It is my considered professional opinion as a career U.S. Navy aviator of 30 years and a Navy Aviation Safety Officer for 10 years that the removal of the jacks from VC-54Q (Navy R5D) Aircraft Bureau Number (BUNO) 050878 on Saturday, February 1, 1969, was the most significant event in the chain of events which would culminate in the death of Gary D. Holland on February 5, 1969."
Put another way, the death of Holland was negligence, and those personnel who called off Roberts in his efforts and later testified against him were protecting an old crime that was dug up inadvertently by the VA.
"The death of Gary D. Holland was not an 'accident', it was the direct consequence of negligent conduct by officers and non-commissioned officers at NAF Naples, Italy," reads Hathaway's affidavit. "Some of these same individuals testified against Keith A. Roberts at his trial for criminal benefits fraud."
Roberts took it hard in 1969, watching a young man get crushed to death, and he bore ill will towards some of the people whom he believed were responsible.
Concludes Hathaway: "Gary D. Holland died during the Vietnam war. War is by definition productive of death and injury. But Gary D. Holland died tragically and avoidably in a place and at a time when he had every reason to feel safe."
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| Commander Robert Don Hathaway, USN, (Ret) has come forward 50 years after a horrific death on a Naval air base to speak the truth and clear an innocent veteran wrongfully convicted by the VA and U.S. Dept of Justice. |
AFFIDAVIT AND SWORN DECLARATION
ROBERT DON HATHAWAY
COMMANDER, USN, RETIRED
I, Robert Don Hathaway, being first duly cautioned and sworn, state that the
following information is true and correct based upon my personal knowledge.
PERSONAL INFORMATION
1. My name is Robert Don Hathaway, my date of birth is February 1,
1944. [personal info deleted here]
3. I attended Northeastern State University and received a Bachelor of
Science degree.
4. I joined the U.S. Navy in March of 1966 under an aviation officer
candidate program. I received my wings in June of 1968 and retired
in 1993.
5. I am a Naval aviator qualified in a number of fixed wing, rotary wing,
and jet powered aircraft.
6. I accrued over 1 ,000 hours flying C-54 aircraft during my Navy
career.
7. I graduated il-om the Naval Safety Officer Course at the Naval Post
Graduate School, Monterey, California in 1972/73.
8. This affidavit is prepared on behalf of Keith A. Roberts. A photo of
Keith A. Roberts is attached and marked as Exhibit A.
9. At no time has any employee of the U.S. Department of Veterans
Affairs or other U.S. government agency contacted me to discuss the
events of Tuesday, February 4, 1969, in which Gary D. Holland was
fatally injured.
10. As detailed below, Keith A. Roberts was under my command and was
on duty at the transient line office in Hanger 2, Naval Air Facility
Naples, Italy, on Tuesday, February 4, 1969, when Gary D. Holland
was fatally injured. A photograph of Gary D. Holland is attached and
marked as Exhibit B.
11. Keith A. Roberts was in pay grade E-3 on February 4, 1969, and was
designated as an ADJAN, Aviation Machinist's Mate (Jet Engine
Mechanic).
Naval Air Facility Naples, Italy (NAF Naples)
12. My first duty station in the U.S. Navy was Naval Air Facility Naples,
Italy (NAF Naples). I reported for duty there in August of 1968.
13. I was an ensign (0-1) when I arrived, and had been promoted to
Lieutenant Junior Grade (LTJG) by February of 1969.
14. Captain R. M. Frye, USN, was the commander, NAF Naples, in
February of 1969.
15. LCDR Jerry L. Fuchs, USN, was the Assistant Aircraft Maintenance
Officer at NAF Naples in February of 1969.
16. LCDR Harold R. Truesdale, USN, was the Operations Maintenance
Division Officer in February of 1969.
17. NAF Naples had two hangars in 1969. Hangar 1 was occupied by
Squadron VR-24. Hangar 2 housed the maintenance operations and
the Transient Line Division office, or line shack. A photo of the
hangars and ramp area circa 1959 is attached and marked as Exhibit
C. By 1969 a number of structures had been added near the hangars,
but the hangars were as shown in 1969.
The Transient Line Division
18. In addition to my flying duties I was the Division Officer in charge of
the Transient Line Division in February of 1969.
19. In my absence LT. Paul W. Solomon was the officer supervising the
Transient Line.
20. I reported to LCDR Harold R. Truesdale, USN.
21. LCDR Truesdale had been on the U.S.S. Forrestal on July 29, 1967,
in the Gulf of Tonkin when a Zuni rocket discharged prematurely and
caused a massive fire on the flight deck killing 134 sailors. This is
the same fire that John McCain survived.
22. LCDR Truesdale was deeply involved in the investigation of that
incident which he perceived had threatened to end his Navy career.
23. Because of the Forrestal incident in his recent past LCDR Truesdale
was extremely risk averse and micro-managed all of those reporting
to him at NAF Naples.
24. The senior non-commissioned officer in the Transient Line was Chief
George Hill, Jr. When I arrived in Naples in August of 1968 he was a
First Class Petty Officer (E-6). He was promoted to Chief Petty
Officer in January of 1969.
25. In February of 1969 Chief Hill had over 20 years of service in naval
aviation.
26. To the best of my knowledge Chief Hill passed away in 2009.
27. Keith A. Roberts, who was called "Robby", was an ADJAN, E-3, in
February of 1969.
28. He had reported for duty at NAF Naples in November of 1968.
Naples was his first duty assignment.
29. He was assigned to the Transient Line. A photo of Roberts in the
Naples Line Shack is attached as Exhibits D. A photo of Roberts
circa 1969 is attached as Exhibit E.
30. The Transient Line Division was responsible for all aircraft
movement on the base. That included the movement of aircraft
assigned to VR-24, the Fleet Air Logistics Squadron, which occupied
hangar 1.
31. Transient Line personnel were also responsible for placing aircraft on
jacks and removing them.
32. The Transient Line operated 24 hours a day, 7 days a week, and 365
days a year. The Division consisted of 2 officers, 1 Chief Petty
Officer, 4 Petty Officers and 6 men ofE-3 grade. The manpower of
the transient line was supplemented as needed. Approximately 11
enlisted men were assigned to the Transient Line in February of 1969.
33. The Transient Line office or "shack" was located in Hangar 2 and had
windows to the outside so that the runway, taxiways, and ramps could
be observed. There were also large windows so the hangar floor
could be observed.
34. The Transient Line Office had hot line telephones to the aircraft
control tower and to the fire station crash crew.
35. The actuator switch for the hangar Alarm Bell was located
approximately 6 feet from the transient line shack door that opened
out into the hangar.
36. The alarm bell was sounded if their was an emergency, or any time
aircraft were being moved in the hangar, and when equipment was
being moved on the hangar floor.
37. Tugs, forklifts and other equipment were stored outside and adjacent
to the hangar.
38. All of the enlisted men assigned to the transient line held aviation
rates.
VC-54Q (Navy R5D) Aircraft Bureau Number (BUNO) 050878
39. A number of Navy R5D (C-54) aircraft were either based or
maintained at NAF Naples in February of 1969.
40. A photo of a VR-24 C-54 circa 1960 is attached and marked as
Exhibit F.
41. Some of the C-54 aircraft were in a combination passenger and cargo
configuration for use by the senior commands.
42. VC-54Q BUNO 050878 (0878) was one of the combination executive
aircraft and was assigned to the Commander, Middle East Forces and
was based on Bahrain Island.
Friday, January 31, 1969
43. On Friday, January 31, 1969, (0878) had been in hangar 2 at NAF
Naples for periodic maintenance for approximately two weeks.
44. On January 23, 1969, Floyd M. Morris had determined that the nose
strut needed to be changed. See Investigative Report
69, (Exhibit J.), enclosure 14.
45. The aircraft had been placed on aircraft jacks by Transient Line
personnel.
46. A drawing depicting the jacking and lifting points for the C-54 is
attached and marked as Exhibit G.
47. A drawing depicting the aircraft jacks used for a C-54 aircraft is
attached and marked as Exhibit H.
48. The aircraft was positioned nose first in the hangar with the tail
section extending out over the ramp. A photo circa 1960 depicts a C-
54 in a similar position is marked as Exhibit I.
49. A new nose strut was being installed on C-54 (0878). All related
work had not been completed. See paragraphs 17-20, 20 FEB 69
investigative report (Exhibit J.) at page 4.
50. A drawing of the front main landing gear (nose gear) of a C-54
aircraft is attached and marked as Exhibit K.
51. On Friday, January 31, 1969, LCDR
capacity as the Assistant Aircraft Maintenance Officer at NAF
Naples, approach Chief George Hill, Jr. and requested that (0878) be
taken off the aircraft jacks.
52. The rationale set forth for this request by LCDR Fuchs was that the
removal of the jacks would facilitate movement out of the hangar in
the event of a fire and that under normal maintenance standards the
aircraft was not required to be on jacks. See paragraphs 19, 20, 20
FEB 69 investigative report (Exhibit J.) at page 4.
53. Chief George Hill, Jr. informed LCDR Fuchs that it was his opinion
that (0878) was not in proper maintenance status for removal of the
jacks and that they would be removed at a later time when the
necessary work was completed. Saturday, February 1, 1969
54. The new front main landing gear strut had been installed on Saturday,
February 1, 1969. See 20 FEB 69 investigative report (Exh. J.),
enclosure 14.
55. Enclosure 14 clearly indicates that critical components of the front
main landing gear assembly were missing on Saturday, February 2,
1969, when (0878) was taken off jacks by maintenance personnel.
See 20 FEB 69 investigative report (Exh. J.), enclosure 14.
Monday, February 3, 1969
56. Chief Steward, Gary D. Holland and other maintenance personnel
were involved in the installation of rigging and steering gear
associated with the front main landing gear. See 20 FEB 69
investigative report (Exh. J.), enclosure 14.
Tuesday, February 4, 1969
57. I reviewed my flight log which indicates that on Tuesday, February 4,
1969, I flew a mission in a C-117 Delta aircraft to the Naval Air
Station, Sigonella, Italy, then to Malta and returned to Naples. I
departed Naples early in the morning and had returned a short time
after Gary D. Holland had been evacuated by helicopter to the Navy
Hospital in Naples.
58. On Tuesday, February 4, 1969, written testing was conducted for
advancement from grade E-3 to E-4 in the morning. See the
announcement in the Capo News & Views base newsletter dated
January 8, 1969, and attached as Exhibit L., and see also 20 FEB 69
investigative report (Exh. J.), enclosure 14, confirming that Gary D.
Holland did not return to the hangar until 12:00 after completing the
test and eating lunch.
59. Keith A. Roberts along with other E-3's that worked in the hangar
were required to take the test. They were just returning to hangar 2 at
12:00.
60. After Chief Hill declined to remove the jacks from (0878)
maintenance division personnel had removed them as detailed above.
61. By the morning of Tuesday, February 4, 1969, (0878) was off jacks.
62. My recollection is clear that Keith A. Roberts was on duty at the
Transient Line Shack on Tuesday, February 4, 1969.
63. He was present upon my arrival at hangar 2 in the early afternoon of
February 4, 1969.
64. Keith A. Roberts participated in the after action debrief conducted by
Chief Hill and myself for all Transient Line Division personnel
during the afternoon of February 4, 1969.
65. The nose gear of (0878) collapsed trapping Gary D. Holland at 12:40.
See 20 FEB 69 investigative report (Exh. J.) Enclosure 15.
66. There was confusion and delay during the rescue effort.
67. Gary D. Holland was freed from the nose gear at 13:05. See 20 FEB
69 investigative report (Exh. J.), enclosure 5.
68. Gary D. Holland had been evacuated by helicopter to the U.S. Naval
Hospital, Naples, and arrived there at 13:20. See 20 FEB 69
investigative report (Exh. J.), enclosure 5.
69. Gary D. Holland was first seen by a medical officer at 13:30 on 04
FEB 69. See 20 FEB 69 investigative report (Exh. J.), page 2.
70. I had landed at Naples, taxied the aircraft, and was securing it when
Chief Hill came on board.
71. This would be the only time Chief Hill met me on an aircraft during
the entire time we served together.
72. The time was approximately 14:00.
73. Chief Hill briefed me on the collapse of the nose gear on (0878) and
the rescue efforts that had just concluded.
74. Chief Hill informed me that there were delays in the rescue efforts
and that in his opinion had the original efforts been allowed to
proceed Gary D. Holland would have had a good chance of survival.
75. Chief Hill stated that LCDR Harold B. Truesdale, USN, had ordered
the men attempting to use the fork lift to raise to nose of the aircraft
to stop as they might "further damage the aircraft".
76. There was a circus atmosphere in Hangar 2 when I arrived.
77. LCDR Truesdale was hollering instructions, ordering everyone to
return to duty and clear the hangar.
78. Some individuals responded that they did not work for him and
refused to leave.
79. At the time I arrived at Hangar 2 there were still at least 100 men and
women present.
80. Chief Hill and I gathered the Transient Line Division personnel and
had them each prepare a hand written statement regarding the incident
with (0878), the injury to Gary D. Holland, and what they had
observed or done as part of the rescue efforts.
81. Those hand written statements were then copied to the Transient Line
logbook to preserve them.
82. That evening I was present when there was a heated argument in the
Officers Mess regarding the incident, the rescue efforts, and what
many present believed to be unnecessary delay in freeing Gary D.
Holland.
Wednesday, February 5, 1969
83. Gary D. Holland died at 11:20 on 05 FEB 1969 at the U.S. Navy
Hospital, Naples, Italy. See 20 FEB 69 investigative report (Exh. J.)
at page 3.
84. LCDR Jerry L. Fuchs, USN, was appointed to conduct the
investigation by an order dated 05 FEB 1969. 20 FEB 69
investigative report (Exh. J.) enclosure 1.
The Reenactment of the Incident of February 4, 1969
85. LCDR Jerry L. Fuchs, USN, supervised a staged reenactment of the
incident in which Gary Holland was killed on Wednesday, February
5, 1969.
86. LCDR Fuchs prepared a statement in which he describes entering the
nose wheel well of (0878) on February 5, 1969. At this time the
aircraft jacks had been reinstalled.
87. LCDR Fuchs states that with his "left leg in position underneath the
down lock linkage, similar to the position depicted in enclosure (32),
I reached for the hydraulic line top connection, enclosure ( 15), which
the party was to secure, and as a result raised the down lock linkage
with my thigh. The lifting of the down lock linkage out of the lock
position required no intentional effort on my part. The process of
repositioning my body in any way caused sufficient force to be
applied to the down lock linkage to lift it out of the overcenter
position, which in turn would have allowed the nose wheel to
collapse if the aircraft had not been supported by jacks. "
20 FEB 69 investigative report (Exh. J.) enclosure 17, dated 5
February 1969.
88. Keith A. Roberts has informed me that he participated in another
reenactment identical to the one described above. Roberts states that
he was not able to move the linkage with his body no matter how hard
he tried. He further states that a color photograph of the reenactment
he participated in was offered as an exhibit at his criminal trial.
Investigation Report of 20 February 1969
89. The initial investigation of the fatal incident of February 4, 1969,
was conducted by LCDR Jerry L. Fuchs, USN. The report is dated 20
February 1969 and consists ed of71 pages. A copy is attached and
marked as Exhibit J.
90. LCDR Jerry L. Fuchs, USN, in his capacity as the Assistant Aircraft
Maintenance Officer at NAF Naples, was directly involved in the
decisions and actions that resulted in the death of Gary D. Holland.
91. LCDR Jerry L. Fuchs, USN, should have recused himself from any
role in the investigation of the incident other than as a witness.
92. The report dated February 20, 1969, is a preliminary report. This type
of report is also referred to as a "line of duty" report. The primary
purpose of these reports is to confirm that the death of the individual
involved was in the line of duty so that veterans benefits and Navy
final pay and benefits can be authorized.
93. The more comprehensive official U.S. Navy Safety Report has not
been available for my review. Access to those reports is restricted.
They are not subject to release via the Freedom of Information Act
and are for official use only.
94. It is my considered professional opinion as a career U.S. Navy aviator
of 30 years and a Navy Aviation Safety Officer for 10 years that the
removal of the jacks from VC-54Q (Navy R5D) Aircraft Bureau
Number (BUNO) 050878 on Saturday, February 1, 1969, was the
most significant event in the chain of events which would culminate
in the death of Gary D. Holland on February 5, 1969.
95. LCDR Jerry L. Fuchs, USN, testified in Federal District Court in the
trial of Keith A. Roberts that he could not think of any situation in
which an enlisted person would give an officer an order. That is
absurd. Military aviators routinely take orders from enlisted
personnel. The enlisted personnel serving on the Transient Line
directing aircraft give orders to the officers operating the aircraft on a
daily basis. Many military air traffic controllers are enlisted
personnel. The instructions they give to aircraft are orders.
96. Keith A. Roberts believed that as the individual manning the
Transient Line shack on February 4, 1969, when Gary D. Holland was
injured he should not have been impeded in his effort to rapidly raise
the nose of the aircraft with the fork lift.
97. That is inconsistent with the facts in the case, as clearly senior men
had arrived on scene that were more qualified to direct the rescue
efforts.
98. Keith A. Roberts and others who served with Gary D. Holland have
been troubled by his death.
99. The death of Gary D. Holland was not an "accident", it was the direct
consequence of negligent conduct by officers and non-commissioned
officers at NAF Naples, Italy.
100. Some of these same individuals testified against Keith A. Roberts at
his trial for criminal benefits fraud.
101. Gary D. Holland died during the Vietnam war. War is by definition
productive of death and injury. But Gary D. Holland died tragically
and avoidably in a place and at a time when he had every reason to
feel safe.
End of Statement
AFFIDAVIT AND SWORN DECLARATION OF
ROBERT DON HATHAWAY
COMMANDER, USN, RETIRED
I declare under the penalty of perjury that the foregoing is true and correct.
Date Signed
NOTARY PUBLIC
STATE OF OKLAHOMA )
) ss.
COUNTY OF CHEROKEE )
On this \l_lliday of ~(',· \ , 2019, Mr. Robert Don
Hathaway came before me and signed this affidavit after being first duly cautioned
and sworn and acknowledging it to be true to the best of his personal knowledge.
~/~~
, Certified Notary Pubhc
Cherokee County, Oklahoma
My Commission Expires: 0 8: J 0 3 Jz L.
AFFIDAVIT AND SWORN DECLARATION
ROBERT DON HATHAWAY
COMMANDER, USN, RETIRED
LIST OF EXHIBITS
A. Photo of Keith A. Roberts circa 1968.
B. Photograph of Gary D. Holland circa 1968.
C. Photo of the hangars and ramp area, NAF Naples, Italy, circa 1959.
D. Photo of Keith A. Roberts in the NAF Naples Transient Line Shack circa 1969.
E. Photo ofKeith A. Roberts at the NAF Naples circa 1969.
F. Photo of a VR-24 R-5-D, C-54 aircraft circa 1960.
G. Drawing depicting the jacking and lifting points for the C-54 aircraft.
H. Drawing depicting the aircraft jacks used for a C-54 aircraft.
I. Photo circa 1960, C-54 nose first in a hangar at NAF Naples similar to the
position of(0878) on February 4, 1969.
J. U.S. Navy report of the investigation into the circumstances connected with the
death of AMSAN Gary D. Holland, as a result of an accident on 4 February
1969, dated 20 FEB 69, 71 pages.
K. Drawing depicting the front main landing gear (nose gear) of a C-54 aircraft.
L. Capo News & Views base newsletter dated January 8, 1969, announcing the
E-3 to E-4 written examination for the morning of Tuesday, February 4, 1969.
End of Exhibit
#
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