More Grave Concern — Guest Blogger, Mark Zaid

By Mark Zaid, Guest Blogger

Ok, as an initial caveat, I am Gina Gray’s attorney.

(See A Grave Situation, LOD, Oct 20, 2009)

Now that I got that out of the way, it is extremely disappointing to see the mainstream media completely ignore this story.

On this sacred Veterans Day when we remember our fallen warriors and honor those who have served and still serve so that we can cherish the freedoms we now hold, I am shocked that the news outlets are declining to go behind the façade of our most treasured burial site Arlington National Cemetery and ask why, to date, there has been silence as to the transgressions, incompetence and, quite literally, fraudulent behavior that has been allowed to continue unnoticed and unabated.

President Barack Obama leaves a Presidential coin at the gravesite of 19-year-old Medal of Honor recipient, Specialist Ross McGinnis The President was at Arlington Cemetery to give remarks in commemoration of Veteran’s Day. November 11, 2009. (Official White House Photo by Pete Souza)

It is time that something be done to expose the skeletons that work above the ground at the same time as honoring those who rest beneath it.

Just consider the following:

Gina was fired in June 2008 as ANC’s Public Affairs Officer after complaining to Army officials and Senator John Warner about media access restrictions and contract improprieties. Her story was only sparsely reported, primarily amidst incorrect perceptions that the actions were part of a politicized effort by the Bush Administration to stifle war opposition. In fact, what was actually at issue was the exposure of the fiefdom that existed at ANC particularly concerning the top two officials, Superintendent John Metzler and Deputy Superintendent Thurman Higginbotham, who have literally controlled ANC for four decades with little to no oversight. Ms. Gray filed an EEO complaint prior to her termination alleging racism and a hostile work environment, claims that were supported by numerous past and current ANC employees. The case is now before the EEOC.

In October 2008, the Army’s Criminal Investigation Command (otherwise known as CID) opened a criminal investigation into allegations filed by Ms. Gray pertaining to her employment at ANC. The final CID report dated May 18, 2009 concluded that “person(s) unknown, committed the offense of Unauthorized Access to a U.S. Government Computer and Wire Fraud when they accessed Ms. GRAY’s ANC email account and sent an email reply from the account purporting to be from Ms. GRAY.” More importantly, and truly stunning, was that the “[i]nvestigation established Mr. HIGGINBOTHAM committed the offense of False Statements when on 16 Oct 08, he made false and misleading statements to agents from this office regarding access to Ms. GRAY’s email account and government computer.” In a witness statement a senior ANC official with direct knowledge of Mr. Higginbotham’s activities also directly alleged he lied.

Also in October 2008, the Defense Department’s Office of Inspector General opened an investigation into the wrongful termination of Ms. Gray and her protected Whistleblowing activities. The DoD OIG report was completed in May 2009 yet six months later has still not been publicly released due to intentional efforts by the Army to torpedo the findings. It is a cover-up, plain and simple. Our sources tell us the report finds in clear favor of Ms. Gray.

An investigation into Deputy Superintendent Higginbotham reveals that he is holding himself out as “Dr.” Thurman Higginbotham on the website www​.roadsinc​.net,  which purports to be an organization of funeral professionals for which he serves as CFO, even though he has never graduated from an accredited academic institution that entitles him to use of the “Dr.” designation. The website also directly links Mr. Higginbotham to ANC which, as we understand it, violates Army regulations. More striking is his bankruptcy proceeding that was overseen by the U.S. District Court for the District of Maryland, Case Number 98–23149, which reveals he has a prior criminal conviction from on or after November 15, 1990, for having caused personal injury or death of another by his unlawful operation of a motor vehicle while intoxicated from using alcohol, a drug, or another substance. Yet another unknown criminal conviction from on or after October 22, 1994, is listed as significant enough to be excluded from the discharge of his debts. Other lawsuits reveal a history of family turmoil, including claims against him by his own father and siblings, which no doubt contributed to the negative attitude and retaliatory actions he has emboldened himself to take against subordinates and military Army officers who challenged, or were simply perceived to have challenged, his actions.

Arlington National Cemetery — Official Photo

On July 15, 2009, Ms. Gray filed a FOI/PA lawsuit against the Army for release of the CID report. The Army has been fighting the case on the basis that release of the requested records could “affect administrative/disciplinary action”. Yet, as far as anyone knows, absolutely no action has been taken against Deputy Superintendent Higginbotham.

Deputy Superintendent Higginbotham was also directly connected to an ANC contractor, Bobbie Garrett, who was also targeted for unlawful activities by Army CID as part of Ms. Gray’s investigation. He was arrested this summer on 15 counts of child sexual molestation.

Evidence also surfaced this summer that ANC could not accurately account for the burial of bodies. In a little known 2008 report to Congress, ANC officials admit to not knowing if their burial records were accurate. After initial denials of one particular grave, ANC officials admitted to not knowing the identity of the remains of at least one gravesite.  Even though approximately $10 million dollars has been spent on updating and computerizing the burial records system at ANC, apparently nothing exists to show for it. Suspiciously, Deputy Superintendent Higginbotham has been awarding contracts to the same group of individuals who strangely move from one company to the next, pocket the money but perform little to no services.

Senior Army officials, to include Military District of Washington Commanding General, Brigadier General Karl Horst, whose daughter conveniently now handles public affairs at ANC, and the Secretary of the Army and his senior staff, are fully aware of ANC transgressions and illegalities but have done nothing.

Members of Congress, most notably Virginia Senators Warner and Webb and Congressman Jim Moran, all of whom have ANC in their jurisdiction, and the relevant oversight Committees have been informed of the ANC transgressions and illegalities but have done nothing.

The only media publication that has focused on parts of this story has been Salon​.com. While the reporting has been excellent, no mainstream media has picked up on their efforts. It is if they are shouting into the wind and no one wants to hear. This is a travesty and a disgrace and dishonors those whose remains rest within ANC and those who shall one day find themselves there.

This story cannot die as those who are buried in Arlington did. They deserve better.

Mark S. Zaid, Esq.
Mark@MarkZaid.com

Tags: Arlington Cemetery. Mark Zaid, Gina Gray, Higginbotham