WASHINGTON (AP) — The Army has denied a $1.8 million wrongful death claim filed against it by the mother of a soldier murdered in his barracks.
"There is no legal basis to support payment of the claim," Col. John H. Belser, chief of the Army's Tort Claims Division, wrote in a letter to Patricia Kutteles' attorney and given to The Associated Press.
Attorney Adam Pachter said he received the letter Friday, and he vowed to appeal to Army Secretary Louis Caldera within 60 days.
Kutteles believes an anti-gay atmosphere in the Army led to the killing of her son, Pfc. Barry Winchell, 21.
Kutteles said fellow soldiers believed Winchell was gay and harassed him for months before he was beaten to death while sleeping in his cot July 5, 1999, at Fort Campbell, Ky. The Army knew about the harassment but did nothing to stop it, she said.