April 28, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 6 8385 Valuable Player. Today I’d like to salute that No, Sgt. Kevin Benderman is a hero be- Both sides maintain they kept their cool achievement and speak a little about his road cause when all around him are pressing for- during the hearing, saying the other side lost to that success. ward to prosecute a violent war against the theirs, according to written recommenda- Deion’s career began in Albany, Georgia tions and rebuttals released to the Savannah people of Iraq, Kevin Benderman had the Morning News. where he excelled in track, football and en- courage to stand up and assert his heartfelt One thing is clear: a hearing that was, ac- joyed soccer in high school. After graduating opposition to war. cording to Army regulations, supposed to be he made the long drive to Ellisville, Mississippi Sgt. Benderman’s opposition is not the theo- a ‘‘non-adversarial’’ proceeding was anything where he competed and earned a spot on the retical if sincere opposition of a student peace but that. Jones County Junior College football team. activist. Kevin Benderman has seen things Capt. Victor Aqueche, the Fort Stewart- There he grabbed 37 passes for 639 yards that none of God’s children should have to en- appointed investigating officer, wrote in a and five touchdowns as a freshman on the dure. He was present when his superior or- recommendation memo following the hear- Bobcat squad. The following year he took 69 ing that Benderman was ‘‘argumentative’’ at dered his unit to open fire on small children times, and his demeanor ‘‘untactful’’ at oth- receptions for 1,012 yards and nine touch- who were throwing rocks at the soldiers of his ers. downs, earning second-team All-American unit. He chased the hungry dogs from an open In his rebuttal, Maj. S. Scot Sikes, honors and leading JCJC to a 12–0 mark and mass grave filled with the bodies of young Benderman’s military lawyer, said Aqueche a victory at the Golden Isles Bowl to bring children, old men and women. Kevin saw the at times became ‘‘agitated, snide and hos- home the junior college national champion- burned child, crying in pain, while all around tile’’ toward Benderman. ship. her ignored her injuries. Sikes argued that Aqueche’s ‘‘incestuous The University of Louisville recruited Deion As he reflected on what he had experi- appointment’’ as investigating officer set the tone for this type of ill-willed ping-pong. who hauled in 143 passes for 2,204 yards and enced, he chose to not re-enlist, to not partici- ‘‘(Aqueche) is assigned to the same bat- 18 touchdowns in his two years there. He be- pate in a war and an institution that he could talion command,’’ and consequently ‘‘was came only the second player in school history no longer square with his evolving yet sin- placed in the position of making a critical to record multiple 1,000 yard seasons and is cerely held beliefs. But stretched by an im- determination regarding a soldier assigned listed fourth and sixth respectively in the moral war, based on lies, beyond the limits of to one of his colleague captain’s own units,’’ school records for career touchdown catches the resources afforded them, our military Sikes wrote. and receptions with the Cardinals—and that in adopted a ‘‘stop loss order’’ policy to arbitrarily In an interview Monday, Sikes said, ‘‘That bothered me. You know they’re buds.’’ just two years. breech the contracts our nation made with Aqueche did not respond to requests for The New England Patriots used their Num- those who serve in its military services. comment. ber 65 pick in the 2002 Draft to bring in Deion So Kevin did what was necessary. He ap- Sikes also said Monday he knew the com- to what many are now describing as a dy- plied for Conscientious Objector status. His of- mand looked at the timing of Benderman’s nasty—three Super Bowl Victories in four ficers up the chain of command refused their request—just before he was scheduled to de- years, two with Deion on the team. duty to accept his application. His commander ploy—with suspicion. ‘‘But it should have Deion’s first Super Bowl ring came without called him a coward. His unit chaplain refused not been so hostilely received.’’ That goes against the ‘‘non-adversarial’’ the MVP award; his colleague and football leg- to meet with him, writing by email that he was end Tom Brady won it that year. But while tone and tenor the application review is sup- ‘‘ashamed’’ of Kevin. He was charged with posed to have, he said. many of us fans thought he should be consid- ‘‘Desertion with Intent to Avoid Hazardous Sikes asked for a new hearing, a request he ered, we didn’t have to wait long to be satis- Duty’’ and ‘‘Missing Movement by Design’’. His says was denied. He now has until Friday to fied. The following year, despite an injury in preliminary hearings methodically violated file another rebuttal to Aqueche’s response his second game which kept him on the side- every precept of substantive due process. He to the defense’s initial rebuttal. lines for the next seven matches, Deion fin- now faces a Court Martial on May 11 and the In early February, Sikes and Aqueche squared off almost immediately over the ished the season with 35 receptions for 454 possibility of seven years in the stockade. yards and four touchdowns. hearing’s timing. It was scheduled the day Every member of our Armed Forces raises after an Article 32 hearing to determine Deion had trained and focused and coming their hands, as do we, and take an oath, as whether Benderman would face a general into the end of the season from an injury, he do we, to ‘‘defend the Constitution of the court-martial on charges he deserted and was still ready for the premier football event in United States’’. That Constitution protects the missed the January movement of his troops the world. Finishing the night with an NFL ‘‘Right of Conscience’’, including the right to as they deployed to Iraq. record-tying 11 receptions for 133 yards in the conscientiously object to war as an instrument Sikes wanted a delay of a ‘‘mere’’ week. Super Bowl, he became just the fourth re- of public policy. But given the climate we face ‘‘Sgt. Benderman is very concerned that he ceiver in NFL history to receive the MVP right now, asserting such a right takes real cannot be adequately prepared for a hear- award and is already being listed with greats ing,’’ Sikes wrote in a Feb. 3 e-mail attached courage. And it is the exercise of that courage to the rebuttal. ‘‘Preparations for the Arti- like Jerry Rice and Dan Ross. which makes Sgt. Benderman a hero in my cle 32 cannot be overstated; it’s very impor- Mr. Speaker, Deion’s team-first attitude and book. tant.’’ strong work ethic has paid off and we in Mis- It is a crime and a shame that while we are Aqueche shot down the request with the sissippi are proud of him and salute his con- so busy working to expand freedom to other following e-mail: ‘‘Sgt. Benderman made a tinuing achievements. I know we will continue nations, we can’t slow down to protect our conscious decision to take 14 days of leave to see him excel in the future and all of us precious freedoms among ourselves. prior to his Article 32 . . . A delay as such could be considered ‘insincerity’ on the part from Jones County, Mississippi will remember [From the Savannah Morning News, March of Sgt. Benderman.’’ him for his years with us and salute his deter- 28, 2005] The investigation officer also said, ‘‘There mination, skill and triumphs. DEFENSE LAWYER, INVESTIGATOR SQUARE OFF is no preparation needed on Sgt. f OVER BENDERMAN’S CONSCIENTIOUS OBJEC- Benderman’s behalf in order to answer ques- TOR APPLICATION tions regarding this application.’’ SERGEANT KEVIN BENDERMAN (By John Carrington) Yet Aqueche, in his March 23 recommenda- Filings and e-mails show that a ‘non-adver- tion memo, wrote, ‘‘I firmly believe Sgt. HON. CYNTHIA McKINNEY sarial’ hearing over Sgt. Kevin Benderman’s Benderman was not prepared for the in-depth OF GEORGIA conscientious objector status was anything questions presented during the CO hearing.’’ IN THE HOUSE OF REPRESENTATIVES but cordial. Aqueche’s memo also said that, during the Sgt. Kevin Benderman poses with his wife hearing, Benderman would consult with Thursday, April 28, 2005 Monica following Article 32 proceedings, a Sikes and then either refuse to answer ques- Ms. MCKINNEY. Mr. Speaker, I speak with military court process similar to a prelimi- tions—and question their relevancy to the you today about one of America’s heroes, Sgt. nary hearing. Benderman, who has applied application—or offer ‘‘vague’’ or delayed an- Kevin Benderman. Sgt. Benderman is not a for conscientious objector status, has been swers. Sikes pointed out that, as Benderman’s hero because he served a tour of duty in the charged with desertion for not deploying to Iraq with his unit. lawyer for both the court-martial charges Occupation of Iraq, though he did. He is not The defense lawyer and the investigating and the conscientious objector application, a hero because of the medals he was award- officer for Sgt. Kevin Benderman’s conscien- he had to keep the sergeant from saying any- ed, nor his ten years of honorable service in tious objector application apparently at- thing that could create more legal problems the U.S. Army. tended different hearings last month. in the criminal case.

VerDate Nov 24 2008 13:06 Mar 06, 2009 Jkt 039102 PO 00000 Frm 00027 Fmt 0689 Sfmt 0634 E:\BR05\E28AP5.001 E28AP5 erowe on PROD1PC63 with BOUND RECORD 8386 EXTENSIONS OF REMARKS, Vol. 151, Pt. 6 April 28, 2005 ‘‘And Aqueche made that out to be a nega- These are just recent discoveries. Hubble MSU defeated Auburn 20–0. Two days of tive thing,’’ Sikes said Monday. ‘‘Anything remains one of the most productive scientific study and 2 days of practice were followed by Benderman says can be used against him in instruments in history, and certainly NASA’s 2 touchdowns. In addition, during those 2 the court-martial. That puts me in a precar- ious position. There are some things I just most productive scientific mission, accounting days, Harper Davis met Camille, his future could not let him answer.’’ for 35 percent of all its discoveries in the last wife. He would go on to be named to the All- The court-martial is scheduled for May 12. 20 years. The Hubble has provided proof of SEC team while at State where he also ran on Sikes likes Benderman’s chances on the de- black holes, insights into the birth and death of the school’s track team. He was co-captain of sertion charges. stars, spectacular views of Comet Shoemaker- the football team, voted Best Athlete, Presi- ‘‘It seems kind of silly to say he deserted Levy 9’s collision with Jupiter, the age of the dent of the ‘‘M’’ Club and named ‘‘Mr. Mis- over a weekend,’’ the lawyer said Monday. ‘‘He was right there at his house, only 2 to 3 universe, and evidence that the expansion of sissippi State University.’’ Additionally he was miles from the post.’’ the universe is accelerating. In short, Hubble a member of the Kappa Sigma Fraternity, Om- Despite Aqueche’s characterization of has become a symbol of scientific excellence. icron Delta Kappa, Blue Key and the Colonels Benderman’s demeanor during the hearing— In addition to its past and potentially future Club. and the captain’s recommendation to deny scientific discoveries, Hubble provides infor- He graduated from Mississippi State with a the sergeant’s application—Sikes also thinks mation used by approximately one million bachelor of science degree in business fi- Benderman will have better luck higher up teachers per year across the U.S. Hubble has nance and mathematics in 1948, in 1962 the chain of command. also opened up the wonders of space to our earned a master’s degree in education admin- WHAT’S NEXT youth and to all our citizens. As we struggle to istration. Maj. S. Scot Sikes, Benderman’s military lawyer, asked for a new hearing, a request he keep our students interested in the sciences, After leaving Mississippi State University, says was denied. He now has until Friday to images from Hubble inspire our youth to con- Harper Davis was a first-round draft choice of file another rebuttal to Capt. Victor tinue to believe that they can become astro- both the Chicago Bears of the National Foot- Aqueche’s response to the defense’s initial nauts and astronomers. Hubble images have ball League and the Los Angeles Dons of the rebuttal. brought the wonders of space down to the All-American League. Harper Davis played f level of the classroom. one year with the Dons before the league fold- Of course, Hubble could not have been the ed and then went on to play with the Bears as INTRODUCTION OF A RESOLUTION success it has been without the countless sci- well as the Green Bay Packers. Many consid- CELEBRATING THE 15TH ANNI- entists, engineers, civil servants, contractors ered him the fastest man in the NFL. VERSARY OF THE LAUNCH OF and other individuals and organizations that Over the years, Harper Davis has coached THE HUBBLE SPACE TELESCOPE built and launched Hubble and then utilized its the backfield at his alma mater as well as images to great effect. They have all contrib- head coach at West Point High School, and HON. MARK UDALL uted to making Hubble the national treasure it Columbus High School before arriving at OF COLORADO is today. So this resolution is intended to Millsaps College. He has been inducted into IN THE HOUSE OF REPRESENTATIVES honor them and their commitment to science the Mississippi State Sports Hall of Fame and Thursday, April 28, 2005 and the benefits it brings to our country and the Mississippi Sports Hall of Fame and was Mr. UDALL of Colorado. Mr. Speaker, I rise our world. named Mississippi Sportsman of the Year in today to introduce a resolution with my col- The Hubble has provided inspiration world- 1976. He has been honored nationally for his leagues Mr. EHLERS, Chairman BOEHLERT, wide to young and old, scientists and non-sci- contributions to the sport of football and his Ranking Member GORDON, Mr. ROSCOE BART- entists alike. I hope my colleagues will join me work with the Cystic Fibrosis Foundation. LETT, Mr. MCDERMOTT, and Mr. RUPPERS- in celebrating the 15th anniversary of the Harper Davis is a member of Christ United BERGER recognizing the contributions to launch of the Hubble Space Telescope and Methodist Church and with his now departed science resulting from the Hubble Space Tele- the knowledge we have gained about our uni- wife, the former Camille Hogan of Starkville, scope and congratulating all those who have verse from this important astronomical instru- has 3 sons, Michael, Andrew and Patrick with helped make Hubble one of the most impor- ment. 4 grandchildren, Morgan, Drew, Paul and tant astronomical instruments in history. f Brad. On April 25, 1990, the Hubble Space Tele- Mr. Speaker, Harper Davis has now been scope was launched into orbit. In the years RECOGNIZING JULIUS HARPER coaching football for over 50 years and he since the launch, Hubble has sent back im- DAVIS continues today at Jackson Academy, where 4 ages that have expanded our understanding of of my sons attend. His gentle firmness and the universe beyond anyone’s expectation. For HON. CHARLES W. ‘‘CHIP’’ PICKERING wise lessons continue to build young men in the last fifteen years, school children, sci- OF MISSISSIPPI Mississippi. I am glad to recognize him today entists, and interested citizens around the IN THE HOUSE OF REPRESENTATIVES and honor a lifetime of service. world have eagerly welcomed new images Thursday, April 28, 2005 f from Hubble—images that have provided an exciting keyhole into the wonders of our uni- Mr. PICKERING. Mr. Speaker, recently, REMEMBERING SAMUEL WEBB verse. Millsaps College in Jackson, Mississippi dedi- SCALES Hubble’s scientific contributions have cated Harper Davis Field to a man who amazed us all for fifteen years. Just this week, coached there for 25 years, and who has built SPEECH OF NASA and the European Space Agency re- a lifetime legacy of service to sport and his fel- HON. CHARLES W. ‘‘CHIP’’ PICKERING leased images taken by Hubble of the largest low man across the state. Coach Harper Davis OF MISSISSIPPI and sharpest images of the Eagle Nebula and called the rededication of Millsaps’ Alumni IN THE HOUSE OF REPRESENTATIVES the Whirlpool Galaxy. Last year Hubble de- Field to him the ‘‘greatest honor of my life.’’ tected oxygen and carbon in the atmosphere And while leading the Millsaps Majors he built Thursday, April 14, 2005 of a distant planet, the first time the elements a record of 138–79–4 including an undefeated Mr. PICKERING. Mr. Speaker, last month, have been found at a world outside our solar season in 1980, his life has much more to Starkville, Mississippi lost a native son and a system. Hubble also contributed to the finding honor. civic leader with the passing of Samuel Webb of new evidence about recently discovered At age 17, Harper Davis left his Delta home Scales. He served his family, our nation’s mili- ‘‘dark energy.’’ Hubble measured properties of in Clarksdale, Mississippi and enlisted in the tary, and achieved greatness in the world of light from 16 exploding stars, or supernovas, U.S. Marines Air Corps as a pilot to serve his international business. to find that the dark energy that pervades the Nation in World War II. After the War was After graduating from Starkville High School, universe might be what Einstein originally over, he was met at Texas Grand Prairie Air Sam Scales went on to further education at called the ‘‘cosmological constant.’’ This dis- Station by Mississippi State University assist- the University of the South, Mississippi State covery supports the theory that instead of rip- ant coach Phil Dickens who had the Bulldogs’ College and the Vanderbilt Law School. For ping apart, the cosmos will continue expand- playbook in hand. Two days later they arrived the past twelve years he has served as the Ci- ing very slowly for at least the next 30 billion in Starkville for two practices before his first vilian Aide to the Secretary of the Army, and years. game where Davis scored two touchdowns as was bestowed with the title of Civilian Aide to

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