Tracy Barker
She will also be joined by her lawyer, Stewart Hoffer
Previously Aired On: Wednesday, February 27, 2008 - Listen to the Show!
Tracy Barker has brought charges against Halliburton/KBR stating that she was sexually assaulted and harassed while under their employ and falsely imprisoned in 2004 while working at Camp Hope and in 2005, in Basra. Barker is a military wife and mother of 5 who worked for a Halliburton/KBR subsidiary, in Iraq while her husband served in the US military. While there, Tracy states she was sexually harassed and sexually assaulted by a State Department employee and a Halliburton/KBR subsidiary. After these incidents, she said she was confined under orders by her employer to a living container where she was constantly watched including times while she used the bathroom. Food was brought to her as if she was a prisoner and she was denied medical attention and any outside communications. She also claims that when she attempted to leave the camp at one point she was brought to a staging area in the middle of Iraq left with no PPE gear and had to ride in a food truck for 19 dangerous hours through Iraq which took her back to Camp Basra.
Barker was forced several days later to wear the same clothing the night of the assault and paraded through a crowded dining area apparently to humiliate her. At this point she was still be refused medical attention.
Eventually, Tracy was able to use a cellphone of Kevin Rodgers, a National Guard. Tracy’s husband 1st Sergeant Galen Barker states that his wife contacted him through Rodgers. He then tried to get to Kuwait so that he could rescue his wife from Iraq. However, Tracy continued to be held against her will by Halliburton/KBR and the State Department that continued to stall her release. She was eventually rescued by Dr. David Pakkal of the State Department who took her immediately to Kuwait.
Several months after returning home in July of 2005, Tracy started receiving phone calls from other Halliburton employees who also alleged sexual harassment and rape while in Iraq. Barker learned that a State Department investigator and a Halliburton EAP representative had given her home phone number out to gang rape victims because they thought Tracy could help them, since she had been the first victim to ever speak out.
After returning home, Tracy asked government officials to assist in securing justice. On the civil side, the State Department has not disciplined the State Department official who has admitted to State Department investigators some of the events that Tracy described. Not only does this assailant remained employed with the State Department, the United States Attorney for the Eastern District of Virginia has refused to seek an indictment against him for his conduct. Rather than terminate the employment of the official, Tracy says that the State Department offered her a payment of $3,500 to drop charges against its employee for the admitted assault. Tracy refused the offer, and continues in her pursuit for justice not only for herself, but for others who have experienced the same or similar treatment while serving our country abroad.
As for her former employer, Halliburton and its subsidiaries requested that Tracy’s case against them be resolved through a arbitration that they contend is required by her employment contract. In private, there is no judge or jury, but the case is decided by an arbitrator selected from a list of arbitrators. Recently, a federal district judge in the United States District Court for the Southern District of Texas agreed with Halliburton’s position and granted Halliburton’s Motion to Compel Tracy’s case against her former employer and its subsidiaries to continue proceeding in arbitration. Tracy’s attorney, Stewart Hoffer of Houston, Texas, has recently been hired to assist Tracy with the Halliburton case as well as the case pending against the State Department official.
While Tracy continues her pursuit for justice in her own individual case, Tracy wanted to ensure that her experience, and the experience of others, did not go unnoticed by our elected officials. Accordingly, Tracy was invited to testify before a congressional subcommittee on December 19, 2007 North Carolina’s long time Congressman Bob Etheridge on December 19, 2007. Although Tracy was unable to testify at that hearing, she did provide some documentation to the committee, including a sworn statement of Letty Surman, a former Human Resources employee with Halliburton/KBR and who was an eyewitness to some of her ordeals. Surman’s affidavit detailed Tracy’s workplace experience, In addition to assisting Congress, Tracy has been in touch with Jana Crowder, a resident of Knoxville, Tennessee who, in her spare time, works to help contractors returning from overseas secure assistance with obtaining benefits. To that end, Jana and Tracy have created the War Zone Workers foundation, a non-profit foundation dedicated to helping United States citizens and legal residents working abroad for federal contractors, corporations, or government entities secure benefits under existing laws designed for their protection and to provide resources so that contractors can obtain immediate medical and mental healthcare upon their return home.
Tracy Barker is also working with Congressman Rob Bishop of Utah to pass legislation designed to ensure that contractors receive medical care through their employer after returning home.
Tracy Barker’s lawyer, Stewart Hoffer, has first-chaired thirteen trials to verdict in multiple state and federal courts around the country. In addition, Mr. Hoffer has represented numerous other clients in litigation and administrative proceedings in state and federal courts not only in his home state of Texas, but also in Florida, New Mexico, Nevada, Michigan, Nebraska and New York.
As a testament to Mr. Hoffer’s abilities, for five consecutive years since 2003, Mr. Hoffer has been voted by his peers as a “Texas Super Lawyer,” three times for employment litigation and twice for business litigation. Also, in 2004, “H” Texas Magazine twice chose Mr. Hoffer as one of Houston’s top lawyers – once in multiple practice areas and once for business litigation.
Finally someone who’s not afraid to put it out there to the public. Now, let’s get this resolved, punish those who committed this awful act against Tracy Barker!
Comment by Christina Fell | February 26, 2008
Tracy was the first to come forward I didnt know that gang rape victims called her she should speak on behalf of all victims. I didnt know that Congressman Etheridge invited her to testify in December but I did compare the 2 documents of the EEOC findings and Letty Surmans afadavit and it does describe her accounts of abuse even names one of her assailants talks about Basra and her work place of pictures of animals having sex etc. I hope she gets justice and can speak out more. When is the trial in Arlington Virginia??? Courtesy of Halliburtonwatch.org
http://judiciary.house.gov/Media/PDFS/Barker071219.pdf
Comment by Jessica | February 26, 2008
This is strictly my opinion - the opinion of an angry father. It is not intended to point fingers at any specific individual. But if the boot fits then wear it. We have a system that is very broken.
I am proud of Tracy for stepping up to the plate. It takes a lot of patience and guts to follow such an uncomfortable journey - down an even more uncomfortable road. Having served in a combat area (Vietnam), I am aware that a certain amount of improper “war zone” activity goes on. But even then and under normal circumstances a major company with a reputation and contracts to protect will stop the activity, remove the individuals that are at the root of such activities and prosecute. But today there is an absence of accountability and no one wants to enforce accountability. I was aware of some of these things happening to Tracy but believed her employer would take care of it. Over a period of time she would relate incidents to me and I became increassingly concerned for her safety and well being. It appeared that these events were also taking their emotional toll on her. There wasn’t even a corporate guarantee for her physical safety. If a company condones or hides the presence of such activities then it would appear that some of the assailants are the company. After she returned to the U.S., I really believed justice would be accomplished and that Haliburton would seek a conclusion to these events. I even believed the Justice Departmentment would pursue the assailants as a matter of justice and to do what is right. WRONG on both counts! Until Tracy found Stewart Hoffer to represent her in the legal arena the judicial system was, in my opinion, less than professional, less than concerned about seeking the truth and less interested in anything other than showboating for revenue - on all sides of the fence. Kind of a ignore it and it will go away attitude - sweep it under the carpet. A what’s it worth approach. In my opinion she was hung out to dry and found it necessary to constantly defend herself - alone - against everyone involved. In my opinion she had very little support in her corner of the ring. She is NOW in great company - Legal representation that will “getter done” and pursue what is right. As an old Marine - to Stewart Hoffer I say - Semper Fi! I’m Tracy’s father and I thank you. Hang in there Tracy - be tough. What is supposed to happen - will.
Comment by Dennis | February 27, 2008
I dont care who came forward first. what difference does that make. the issue is make them pay for what happened to all the women.
Comment by sarah | February 27, 2008
Then why are you the only one talking about it Sarah maybe…. because the public was falsely told different??? Since Tracy came first why does it bother Sarah and why was it important to lie about it??? Move on the truth always comes out no matter who spins it>
Comment by Jessica | February 27, 2008
Release men from the bounds of morality, from the legal restrainsts the define social justice and this is the outcome. With a US administration that does not see a need for accountability, it follows that companies and governments they support won’t care about accountability either. Unless the public demands it, unless the courts enforce it, and unless Congress insists upon it the problem with accountability will not end when Bush leaves office.
These are the very seeds of our own destruction, when we as a country lack that single voice of outrage demanding justice and adherence to our laws. By our inaction we tacitly allow those in power to believe “we the people” don’t care what they do. Write your CONGRESSMAN today. Let them know this behavior, this lack of accountability in our government cannot, will not and must not be allowed. Otherwise, we have only ourselves to blame for the consequences of our own inaction.
Comment by PJW5552 | February 28, 2008
I’m just saying no matter who came out first, Halliburton should pay for all the women, no matter which one was first, second or last. those little details dont really seem to matter much in my view. what matters is ALL the women get justice. it seems like a minor point to me and the big picture is finding justice.
Comment by sarah | February 28, 2008
the website for the foundation is http://warzoneworkers.com
Just wanted to correct that, along with Tracy Barker, we have another lady Cindy Morgan who has helped us who was also assulted in Iraq. She wrote a book called “Cindy In Iraq” A Civilian Year in a Warzone back in 06. In this book she talks a bit about her rape and all she went through, it’s a great book and if you haven’t read it, you might want to. I am very proud of this foundation, having Tracy and Cindy come together alone with many other victims of the War is something that is long past due. I am also greatful that many families members have came forward to help us as well. Denis thanks for you do. To learn more about WARZONE WORKERS, please visit the site. There you will learn not only about Rape, but other issues that contractors face who go to work in WAR ZONES, such as the Iraq Infections.
Comment by Jana | February 28, 2008
I think this company should be held responsible and should be held to account for the safety of all women in there employment Sexual harassment should not be tolerated.
These women should sue them and the Government for turning a blind eye to what is going on and it seems that the Justice Dept doesn’t want to get involved.
If I was in the USA I would and do support Tracy, its election time it should be brought as an Election issue and the Candidates should be asked what they would do about this.
Jim W
Comment by Jim | March 1, 2008
OOh one more thing can we please have Barker back on the show??
Comment by Mike P | March 16, 2008
Thank you Jessica for your comments its about time someone sees through the smoke screens of Jones. As for you Sarah it does matter who came first and who did what, Why? Put yourself in tracys shoes and the abuse she went through Because dont you think for a minute that Tracy was revictimized not because of lack of media attention but because here she was going through her own ordeal and Tracy had a heart and felt bad and helped Jones, and Jones didnt even have the descency to say Thank You or as Jones sat there smiling “I’m A Gang Raped Victim” and Mrs. Barker was in the back when they asked about Homeland Security all Jones could say was ah ah ah no answer. Remind me not to call upon Jones for life raft when I’m drowning. Jones should have introduced Tracy at that time because Tracy had been there for a whole year and saw plenty including the lack of security. It was stupid to have Jones up there my God what can someone say about Homeland Security after only being there for 4 days. I hear she has a screen play going on and begging for a book deal. No wonder her book is done mine would be too if I was in Iraq for 4 days, what can she possibly write about except that her story changed everytime we saw her face smiling in the camera. I need to ask; so what was it? Lately I have seen posted 7 men gang raped her but in the beginning it was 4 with one hanging around for breakfast. What rappist hangs around to say goodmorning. First it was a drink and then a sip and then two sips. Why did Hilary Clinton demand justice for just Jones. Why not all victims and Sarah No I am not jealous and neither is Tracy I am sure Is it because she had a Clinton Appointed Judge? Or because she was running for office because Tracy Barker asked Hilary Clinton for help and she said no 2 yrs ago. Only because she was not a NY resident. Its scary to think we have a bias candidate running for President, although the idea of a women in the President Seat is appealing I will not vote for someone who can not include all victims. So SARAH it does matter, to have someone use your documents and then to stab you in the back hasn’t tracy paid enough of her dues by being sexually harassed, locked in a LIVING CONTAINER yes i said LIVING CONTAINER for 3 days then sexually harassed again, drugged and rapped. Sounds familiar doesnt it. (ALL OF THIS CAN BE VERIFIED)
After the congressional hearing last December 2007 I saw the injustice that was done upon Tracy, I was flabergasted by not letting her speak, deceiving her to fly out there, among other things. I posted a comment on another website speaking the truth.
Guess what happened everyone, I was asked to call Tracys previous attorneys because she her prev atty was unhappy with my posting. The first words out of her mouth was a question of how old was I. I am 39 years old and set in my ways and believe me my mother did not raise an idiot or raise someone to sit in the back of the bus and be bullied. I responded what does that matter. She the atty stated that because I had posted something that they did not like. I responded that the public should know the truth. She the atty told me “Who Cares about the truth, as long as Jamies Caucas is out there it doesnt matter who came first or who came through a foundation. She threatened me by saying that if my family and I spoke to anyone or commented again or even called Congressman Poe’s office again to ask them to help Tracy she would drop Tracy at the most crucial time. And she did 3 hours after Judge Miller ruled Arbitration in Texas and 6 days before witnesses were due in the Federal Court in Virginia that Tracy was not even aware of including the first hearing that took place which had to be rescheduled due to lack of bodies that should have been there. So Sarah do you still think it doesnt matter because it does. It matters how a rape victim, sexual assault victim a victim period is treated after the assault. I was told Gang Rape sells not sexual assault or just rape. Thats disgusting because its horrible when you are raped. If you were raped I doubt you would be sitting up on your pedealstole or soap box preaching so I suggests you come off of your high horse and see things for what they are.Its bad enough to be violated but to be reviolated again in another way. I was told that if Tracy wanted any press coverage that she should hire a PR Person when I spoke about that we had PR without hiring I was then told that Tracy had requests for interviews from the media but that her atty had turned them down, I asked if Tracy knew about this I thought attys are supposed to converse with their client about everything I was told no. Tracy had been told that no one cared about her story that Congress didnt want anyone like her speaking. It seems to me thats racist because Tracy comes from a back ground of Basque French English and Spanish. I have also heard through the grapevine that a rumor has gone around slandering Tracys family including her parents. Sorry hate to burst anyones bubble there but Mom is DEA Employee close to retiring after many many years of service in California, Father Fought in Vietnam War as a Marine, Worked in several positions in the Government which of course all can not be stated and father also just passed a new law that the mayor asked for help on regarding the VFW, Fathers also been in Public Affairs and a Journalist, Father heads up the VFW Posts and reaches to families who have lost families in the war, he once was a professor of law at a college and has ran the Jerry Lewis Marathon becoming friends with him, Fire fighter and also ran fire fighter fund, father brought a little boy back to life because he would not give up on him when he was a fireman after pulling the little boy out of water. Father was given a medal of honor of a purple heart, Tracy has participated in causes and foundations her sister has volunteered her nursing skills at a Emergency Room Hospital in California, volunteered her time to the elderly when flu season came around by giving them their shots, The list is long but it seems to me that these people are not idiots.
Sarah the next time you want to make a comment about Tracy tell it to someone who cares because if all that comes out of your mouth is junk then perhaps you shouldnt speak.
Comment by Denise H | April 23, 2008
A corporation whose resources are exploited in the commission of capital crimes by its employees should itself be subjected to capital punishment. Its assets should be seized and liquidated to provide reparations to its victims. Severe penalties, not merely civil liability, are needed to deter corporate criminal acts and to motivate shareholders to demand moral accountability in order to protect their own investments
Comment by saramorris | June 18, 2008
I am very angry of what the attorneys, Jamie Jones and Con gress has done to this military family. Its just another example of corporate America’s efforts to take the right of jury trials, guaranteed by the U.S. Constitution, away from the public and force them into expensive (for claimant) and carefully controlled (by corporations), mandatory arbitrations. By making waiver of the right to a jury trial in disputes against the company a condition of the hiring contract. No waiver of the right to jury trial, no chance to work. American corporate democracy in action. I think it is not right that Tracy was still sent to arbitration after she fired Attorney George Cire of Texas who demanded arbitration behind her back while she was fighting for a trial. I hope Jamie is sent there as well either they both get a trial or both get arbitration. Since John Whitus is writing a screen play on a women who was raped drugged and put in a living container and borrowed a cell phone of a soldier sounds just like Tracy’s case why would Jamie need her documents to submit to the press? If Jamie cashes in at least Tracy can take half the money I would award it in court after all the story is based on her as well sounds exactly the same…..
Comment by gguys | June 18, 2008
believe everything the woman has said. I’M praying that justice will prevail. Has anyone stopped to think that aside from being sexually, physically and mentally abused, why in the —- was an american woman being held hostage in a container? That in itself was a kidnapped situation….. holding her against her will one thing I cannot understand… Why was Tracy and Jamies attorney Todd Kelly on the board of the Jamie Leigh Foundation while he was representing these two girls??? Isnt that a conflict of interest. Is he the attorney that took Tracys witness and gave them to Jamie to submit to the press in order to promote their foundation???? Talk about unethical I smell a lawsuit that can be won!
Comment by jess4utube | June 18, 2008
This news is just sickening. We, the American people. Even the toughest woman (or man) would not be able to fight off a rapist after being drugged. Then our own justice system doesn’t have the guts to do anything about it. I think it was cool that the troops in Iraq gave a message to Tracy Barker. Glad to know she is being thought about in Iraq.
Comment by sasso50 | June 18, 2008