TSgt Ferguson’s Open Media Response.
Content Warning
The passage you are about to read contains disturbing content and may trigger anxiety or flashbacks in those who have experienced sexual assault, abuse or harassment. Many process trauma through expression in written dialogue, visual art or some other creative medium. Survivors should be aware of the following content and make an informed decision before continuing. ❤
On 2 January 2022, I provided the following response to a media query from the San Antonio News Express.
However, my words never made it to print.
My experiences, thoughts, and citations were reduced to being nothing more than “an angry female survivor.” Meanwhile, Zier, his attorney, and Rep. Gohmert were empowered to spread false official statements. This experience was extremely disrespectful of my trauma and belittling to my intelligence – so I have decided to openly post the full media interview for context. On 9 March 2022, I was contacted again by San Antonio News Express for a follow-up and declined to comment. I will not advocate on platforms that are unsafe for sexual assault survivors and their advocates. Journalists have an obligation to ensure the information they report is as accurate and true as possible. Even so, a recent study found 80% of today’s journalists fall for misinformation online.
Q1: “As things now stand, he is at home being paid for doing nothing. The Air Force will not allow him to come to an office on that base. What is your opinion of that?”
A1: I do not believe anyone convicted of sexually assaulting an Airman should ever be allowed near them again. Not only does this put others at risk, it keeps him in the victim’s chain of command after trial. He is being paid for sexually assaulting someone and that’s wildly inappropriate.
Q2: “His lawyer is demanding that the Air Force allow him to retire. He has been in the Air Force long enough to do so. What is your opinion on whether or not he should be allowed to collect his retirement benefits?
A2: The Air Force has a right to prohibit receipt of retirement benefits when a member fails to comply with the legal requirements. The supreme court decided back in 2019 during Larrabee v Braithwaite that even those already on retired status can still be court-martialed. Similarly, that predator was also convicted of an Article 120 violation and had his discharge status changed from honorable to dishonorable, with confinement. His appeal was denied – upholding that active duty members and retirees are both subject to the UCMJ. So my question is – why is U.S. v Zier different? Why would my case go against SCOTUS precedence? Why does this predator continue to receive support for harming Airmen and not upholding his SNCO responsibilities? This does not reflect excellence, integrity or honorable service. He should not be rewarded for using his rank and position during his career to create hostile work environments that empowered his ability to act on his criminal, sexual intentions.
Q3: “The Air Force apparently tried to push up his ETS date from November 2022 to November 2021 and someone wrote a debarment letter. His lawyer pushed back and the Air Force backed off of both initiatives. Do you have an opinion about that?”
A3: I have not received any official notification of these actions being taken. However, what I can say that is that he’s already been found guilty of harming Airmen and I do not believe he should not be allowed near them again. I will most likely be out of the Air Force before the person who non-consensually touched my vagina. He has never shown remorse for his actions other than stating he wished he never went on the trip. He has never said he regrets sexually assaulting me – on the record, or under oath. He officially stated in a recent media interview that he does not believe his actions were worthy of a conviction or reprimand. This is the message we are sending to survivors about the military reporting and criminal justice process. Everyone should be disturbed by this.
Q4: Zier’s lawyer believes that he has been persecuted beyond what is allowable by the law. What are your feelings? And perhaps, do you believe he deserves a pension after what was done to you?
A4: MSgt Zier was given one of the lightest sentences to-date for a sex crime UCMJ violation. Nothing about that equates to persecution. If anything, I am the one not being taken care of. The person who sexually assaulted me is still assigned to my career field and MAJCOM. I’ve never been granted military protections before, during, or after the trial. And I have continued to pay the price of reporting which has come at great consequence to my health. What was the point in coming forward if his conviction means nothing to those with the authority to do something? If he’s still able to be around other Airmen anyway? If he’s still able to get a paycheck every two weeks from the government? I’m less safe now than I was before anyone ever knew my trauma. In my situation the Air Force has a zero-tolerance for survivors and their advocates – not sexual predators. Not only is this re-traumatizing, it enables his harmful behavior that caused all of this in the first place. He has never taken accountability for those actions, let alone been ‘rehabilitated’ from the behavior. He is still harming me psychologically today. Where is my justice?
Q5: “Is there anything else you’d like to add?”
A5: I highly encourage anyone seeking information about the case to submit a formal FOIA request. There has been a lot of misinformation published in regards to my testimony, and I would like to remind the public that they can access these court records to read for themselves. My initial OSI interview has been scrutinized by TSgt Zier and his attorney. Every detail about my assault is aligned with exactly what I testified at trial, under oath. I do not appreciate my experience being minimized or my integrity being attacked by Mr. Addicott and Texas Rep. Gohmert without cause or evidence. It is illegal for government elected officials to willfully target and harm members of the general public. Their defamation of my honorable service to this country and simultaneous endorsement of a deplorable sex offender is unethical and immoral. I am pursuing my legal rights to hold them accountable. I encourage everyone to read the facts for themselves and to remember I am also a service member. The difference is that I never have, and never will, harm Airmen the way TSgt Jeremy Zier has.
*** TSgt Cambria Ferguson routed this response to media query for public release and was granted approval by the office of SAF/PA on 2 January 2022. ***
Citations
• Christenson, S. (2022, January 9). NCO’s Retirement in limo after sex assault conviction. Retrieved March 10, 2022 from
https://www.expressnews.com/news/local/article/NCO-s-retirement-in-limbo-after-sex-assault-16758539.php
• United States District Court for the District of Columbia (2020, November 20). LARRABEE v. BRAITHWAITE. Retrieved March 10, 2022 from
https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_19-cv-00654/pdf/USCOURTS-dcd-1_19-cv-00654-0.pdf
• Funke, D. (2019, April 25). Study: Journalists need help covering misinformation. Retrieved March 10, 2022 from
https://www.poynter.org/fact-checking/2019/study-journalists-need-help-covering-misinformation
• AFPC (2019, November 25). 19E9 Chief Master Sergeant Worldwide Selects List. Retrieved August 14, 2020 from https://s3.amazonaws.com/static.militarytimes.com/assets/pdfs/1574697296.pdf
• Castro et al. (2020, April 21). LGBTQ military service members at higher risk of sexual harassment, assault, stalking. Retrieved July 22, 2020, from https://today.oregonstate.edu/news/lgbtq-military-service-members-higher-risk-sexual-harassment-assault-stalking
• Docket & Trial Results (2020, July 21). U.S. v. Senior Master Sergeant J ZIER. Retrieved July 21, 2020 from https://legalassistance.law.af.mil
• McCullough, A. (2020, April 20). USAF sees highest number of sexual reports in 14 years. Retrieved July 20, 2020, from https://www.airforcemag.com/usaf-sees-highest-number-of-sexual-assault-reports-in-14-years
• Myers, M. (2020, April 30). A culture that fosters sexual assaults and sexual harassment persists despite prevention efforts, a new Pentagon study shows. Retrieved July 15, 2020, from https://www.militarytimes.com/news/your-military/2020/04/30/a-culture-that-fosters-sexual-assaults-and-sexual-harassment-persists-despite-prevention-efforts-a-new-pentagon-study-shows