Guilty As Charged

Guilty As Charged: The True Story of a Gay Beret

Non-fiction Autobiographical account by
Jay Hatheway

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Winner of the
Digital Literature Institute
award for
Autobiography
2002

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Reviewers' Comments:

If you haven't heard the phrase "Don't ask, don't tell" repeatedly over the course of the past ten years, then you're just not keeping up on your current events. The issue of gays and lesbians in the military has been a particularly hot topic with the last presidential administration, and doesn't appear to be showing any signs of losing steam as we move into the G.W. days. However, gays in the military aren't exactly anything new. As long as there have been armed forces, there have been gay men and women serving in them.
A new release from GLB Publishers entitled Guilty As Charged (ISBN 1-879194-83-X) focuses on one such person, the author Jay Hatheway and his time spent in the Special Forces from 1971-1976 and the discrimination he encountered during that time. What makes this autobiography so interesting is the fact that Hatheway never denies to the reader that he has engaged in homosexual activities. Instead, the focus here is on trumped up charges brought against him. A strict policy in the military dictates that if someone so much as accuses you of committing homosexual acts, you're considered guilty until proven innocent. Through the course of the book, we're introduced to Hatheway and his life from a poor student at a military school through his rise in ranks in the military. Just as he's within literally days of retiring, false charges are brought against him that state he has engaged in homosexual acts with a man of lesser rank. Fraternizing with your subordinates is one problem when you're an officer, but sex between men is considered an even worse crime.
The book then takes on its life as we're brought through the various meetings, trials, lies and accusations eventually culminating in Hatheway's dismissal from the military. He is harassed viciously by his fellow officers, people with a history of lying under oath are allowed to be witnesses against him and Hatheway's life becomes a downward spiral of despair as the judge continuously moves against both his lawyer and himself. Move over Grisham; this legal tale is so sickening you find yourself wishing it were fiction. At times, the book does suffer from some incredibly long-winded and dull legal transcripts and definitions that will probably bore anyone not looking to pass the Bar. There are also some ill-placed flashback scenes that although essential to the life story being told, are just inserted in a poorly decided manner. My advice is to skip the legal jargon and focus on the story.
Overall, this is a very sincere autobiography, and a terrific look at the justice system gone horribly wrong. Whether you agree with the concept of gays and lesbians serving in the military or not, this is a story that you can't afford to pass up reading, and may very well affect the way you approach this hot topic in the future. Well worth the read!
--- Jay Hartman, www.knowbetter.com

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Writer Hatheway presents the story of his confrontation with the US military as he and his attorneys attempted to overturn Article 125 of the Uniform Code of Military Conduct Justice. Written in a poignant, readable manner Hatheway's book is offered in 15 chapters including: I Must Be a Fag, Special Forces Detachment Europe, The Trial Begins, The Sentence, and My Day of Outrage. This first constitutional challenge to the statutory prohibition of homosexuality did not end in a positive outcome for LT Hatheway, however, it was something he felt he had to do.
Only days before he was to be separated from military duty Hatheway was charged with sodomy with another serviceman. Such behavior with court marshall martial a possible outcome is prohibited by Article 125. For those who have no military background, writer Hatheway begins with 2 pages of military anachronisms and their meanings. Jay Hatheway's poignant narrative begins in his twenties with the charge of sodomy made against him by the military in 1975 and then recounts his life record as a gay person to the 1970s and the charge. Professor Hatheway's childhood spent in the Middle East, Europe, and California, included his narrated fascination with his sexual discoveries made with male friends along with a growing interest in male nudity.
LT Hatheway received a Reserve Officers Training Corps (ROTC) scholarship which obligated him to military service following his schooling. That Hatheway was a good soldier of proven ability is obvious: Hatheway's military prowess led to his earning his special forces green beret. Special forces training is not and was not a walk in the park to accomplish. Hatheway reveals he did take part in cautious homosexual relationships despite his mindfulness of the military's opposition to gays. Following a disastrous encounter initiated by a drunken Robert Lynde, Hathaway discovered himself charged by Lynde's roommate with originating and engaging in sex acts with PFC Lynde. Hatheway, along with his lawyer Chris Coates, was taken to trial surrounded by an atmosphere of discrimination and sophistry. The verdict rendered was to be not guilty or guilty. A guilty verdict was going to lead to dismissal from the service and/or confinement at hard labor for five years.
Today Hatheway is a successful Professor of European History in Wisconsin. He says, "The military is a mirror of society. If inclusion can be achieved there then it can be achieved everywhere." Gay or straight readers will find this work to be an excellent example of one man's struggle against what he felt was unfair practice conducted by the US military. Hatheway's book is well written, filled with footnotes and an index as one might expect from a scholarly work presented by a college professor and presents his story in a straight forward, no nonsense manner. Excellent read, highly recommended.
-- m.j.hollingshead, www.angelfire.com/ok4/mollymartin

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Highly recommended.
The Uniform Code of Military Justice dictates that sodomy "shall be punished as a court-martial may direct." One brave soldier who violated the Code of Military Justice boldly relates his tale in GUILTY AS CHARGED. In 1975, Special Forces 1st Lieutenant Jay Hatheway attempted to overturn Article 125, specifically the clauses regarding sodomy. Although the United States Supreme Court rejected the statute, arguments presented at that time set a precedent for subsequent attempts to refute the ban on homosexuals and homosexual behavior in the military.
Five days before Hatheway was to leave the service, a surprise call from his Colonel changed his life forever. His Commander read Hatheway's rights and then read the charge of sodomy. In return for a "nonjudicial discharge under conditions less than honorable for the good of the service," public scandal and an extended enlistment during prosecution could be avoided. An offer of prison or a dishonorable discharge following four years of exemplary service leaves Hatheway devastated. Public branding as gay insures he will be officially disgraced, denied VA benefits, and will never serve in any branch of the Federal Government. He'd badly underestimated the seriousness with which the military reacts to homosexuality.
As Hatheway relates his formative years and growing sexual proclivities, he reveals a normal background and healthy inquisitiveness. Blessed with a rather cosmopolitan upbringing, world travel led to an interest in the military. Eventually, his skills lead to becoming a Green Beret demonstrating remarkable fortitude. Although he was aware of the military's position of gays, Hatheway did pursue occasional discrete relationships and he always maintained a low profile. But as an officer, he'd made himself an inadvertent target because a previous investigation that was dismissed for lack of proof had branded him. This time prosecution continued, despite obviously flawed testimony, because the Army wanted to make an example of him.
A short history of gay civil rights provides the introduction to GUILTY AS CHARGED, firmly placing this movement within the larger scope of civil rights. For those unfamiliar with the changes of the last forty years, this section is a must read. Presented as scholarly text complete with footnotes, the contrasting narrative effectively juxtaposes impersonal text with a deeply moving narrative. No longer just rules on a page, section 125 comes alive in Hatheways' pen with all of its scarring implications. Hatheway's writing style is self-honest, revealing a side of the military seldom discussed as he doldly describes a world kept hidden and greatly ridiculed. A noteworthy and extraordinary memoir, GUILTY AS CHARGED comes very highly recommended for gays and straights.
-- Cindy Penn, Senior Editor, WordWeaving (editor@wordweaving.com)
http://www.wordweaving.com

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