"Loss of Confidence in the Organization": Unveiling the New Hampshire National Guard's Shortcomings in Safeguarding Female Members
In one instance, Officer Patterson sent a picture of a sexually explicit "Beer Garden Babe" costume to a junior female officer, suggesting she wear it to the battalion's upcoming Halloween party. Another time, he informed a female colleague that he had gotten an erection while thinking about her during a massage.
Some females perceived Patterson as regularly following them, including around their hotel and to a local gym. He additionally took photographs of them without their consent and distributed them with comments about their physiques to others. Patterson repeatedly ordered women in the battalion to visit his hotel room, contacted them continuously, and spoke extensively about desiring a relationship with a younger woman.
If they voiced concerns regarding his behavior, Patterson threatened to make their deployment unpleasant.
Patterson's actions were described in a 50-page report from March 2023, which CNN obtained. This report detailed the findings of an Army investigation, leading to Patterson being charged and found guilty in a military court-martial for his border-related activities, including sexually harassing four females in his battalion over several months.
As part of a plea deal, Patterson is being compelled to retire. His lawyer notified CNN that Patterson will likely retire as a major, below the rank of lieutenant colonel, by November 1.
Patterson's case represents one of the most prominent examples of a long-standing problem: a toxic, sexist work environment for women in the New Hampshire National Guard, as reported by nine current and former members of the New Hampshire National Guard (NHNG).
The NHNG has been accused of allowing sexual harassment and assault to persist, while retaliating against whistleblowers and neglecting survivors, as leaders fail to enforce proper accountability measures.
Data obtained by CNN indicates that New Hampshire had a significantly higher rate of reported sexual assault cases in the spring of 2023 than any other National Guard unit in the US - approximately 5.29 cases per 1,000 service members. Wyoming, with a rate of 2.91 per 1,000, was the second highest state. The NHNG explained to CNN in a statement that 2023 was an exceptional year for sexual assault reports.
None of Patterson's border-related conduct should have been unexpected by top New Hampshire leaders, as evidenced by previous investigations into Patterson, including multiple allegations of sexual harassment (according to sources). One of the New Hampshire National Guard's most senior officers was also warned about Patterson's concerning behavior and its impact on his subordinates.
Patterson's unit was scheduled to deploy before several months, during which a lieutenant colonel warned the head of the New Hampshire National Guard's Army component about "significant stress" and "serious depression" among soldiers and officers under Patterson's command. Lt. Col. Kennith Kruger wrote in a memo obtained by CNN that if these issues weren't resolved before deployment, Patterson's past problems could worsen and embarrass the NHNG.
Many of the 50 service members interviewed during the Army's investigation into Patterson expressed a strong sense of anger. One service member stated, "We're all in disbelief that the state of NH would let him command this (battalion)." Another said, "Patterson has managed to avoid accountability throughout multiple investigations."
When asked about the investigation's conclusion that Patterson made women feel "targeted, groomed, and threatened," Patterson's civilian attorney stated that his client believed the females beneath his command were being friendly and therefore he responded in kind. He admitted that he "erred by allowing the level of familiarity to go too far."
'I no longer trust this organization'
After Patterson's suspension in January 2023, sexual assault response program manager Katrina Dupuis went to the border and reported that soldiers were "traumatized" due to Patterson's behavior. When she discovered that Patterson had been investigated multiple times previously, including once before being deployed, Dupuis was outraged.
She was told that the latest probe had ended due to multiple soldiers retracting their complaints against Patterson, which she found disturbing.
"You weren't too concerned about that? What do you mean (they) took it back, that's concerning," Dupuis told CNN, recalling the conversation with leadership at the time.
By March 2023, Dupuis, frustrated by a lack of response from leadership, brought her concerns to authorities outside of her chain of command, filing reports to the Department of the Army Inspector General and the New Hampshire attorney general's office.
"I no longer trust this organization and its ability to keep myself or anyone else safe," Dupuis wrote in an official complaint to the New Hampshire Department of Military Affairs and Veterans Services. She added that her concerns on behalf of sexual assault survivors "aren't even acknowledged," and for her, "retaliation and hostility are just a daily expectation now."
In June 2023, the New Hampshire National Guard's most senior commander, Maj. Gen. David Mikolaities, temporarily suspended Dupuis, citing "medical issues" that were negatively impacting her performance. Dupuis, however, told CNN that she had not reported "medical issues," instead discussing concerns about retaliation and the leadership's treatment of her in a confidential conversation.
Last July, they informed her that she was being let go due to various unsuitable behaviors. A memo written two days before her dismissal went forward stated several accusations against her, such as her supposed failure to stop the spreading of trivial, damaging rumors about her colleagues and advising a sexual harassment victim that no action would be taken by their higher-ups, urging her to lodge a complaint with her Congress representative instead.
The memo did not mention any medical reasons for her termination. Previously, she had received an exceptional rating in her November performance review for her exceptional contributions to handling victim support services and training.
According to her, she was victimized for calling attention to matters the unit's leaders did not want to hear and for attempting to bring the issue to the attention of external authorities.
Lieutenant Colonel Emily Paige Kamal, who worked alongside her as the director of the wellness division in the New Hampshire National Guard, claimed that she was dismissed for revealing the deficient response of the unit to reports of sexual assault.
Kamal argued that "the leadership was deeply disturbed by the information she was sharing", and that she was not willing to alter her narrative to fit the misleading story that the leadership was unfolding.
The New Hampshire National Guard declined to comment on her employment due to privacy laws.
Mikolaities, who refused to be interviewed, stated in a written statement that there were no indications in Patterson's past performance suggesting he was capable of such misconduct and abuse of his authority, as indicated in the findings for which he pleaded guilty.
Mikolaities also stated that the New Hampshire National Guard takes all allegations of sexual assault seriously and has taken measures to improve prejudice and response, victim care, accountability, prevention, climate and culture.
"Predators safeguarding the prey"
Over the past few years, the US military has prioritized addressing sexual assault and harassment. Although the National Guard has focused on these issues, specialists told CNN that changes can take longer to seep into National Guard units since they are mainly made up of part-time troops who are not subject to the same federal regulations as their active-duty counterparts.
Additionally, National Guard units are led by high-ranking officers called TAGs or adjutant generals, who report directly to their state governors but also to the Pentagon. This dual governance can lead to confusion on who should handle the issues, said Kate Kuzminski, the director of the Military, Veterans, and Society Program at the Center for a New American Security.
"If there is a question mark, and there is a topic no one wants to invest time in", Kuzminski said, "that's the subject that's likely to be overlooked."
The investigation of Patterson sheds light on this conflicting authority. As he was on federal orders at the time of his misconduct at the border and therefore subject to active-duty military regulations, the investigation was ordered by his chain of command at the border and not the National Guard.
A significant report presented to the Secretary of Defense in June 2021 outlined numerous recommendations for the military to improve its handling of assault and harassment. The report noted the unique challenges the National Guard faces in preventing assault or harassment, saying the complexities of National Guard members being on state or federal orders make "prevention oversight and accountability highly convoluted, stalling necessary change and progress."
A civilian member of the Independent Review Commission (IRC) who helped put together the report for the Pentagon and requested anonymity to discuss the findings, said that the National Guard faces particular challenges in enforcing change due to the power TAGs have in their states.
TAGs typically answer to their state governors and leave the National Guard Bureau with little power to enact accountability in specific units, the person said.
"There is way too much 'foxes guarding the henhouse' in every aspect of the [National Guard Bureau]", the IRC member said. "The National Guard belongs to the governors, and they can do whatever they want."
The office of New Hampshire Gov. Chris Sununu did not respond to CNN's request for an interview with Sununu for this story, instead sending a written statement attributed only to the governor's office.
"Governor Sununu and the New Hampshire National Guard (NHNG) leadership take allegations of sexual assault seriously", the statement said. "When they were raised over a year ago, Governor Sununu, in conjunction with NHNG leadership, took immediate action and conducted a third-party external review to ensure a workplace environment in which there is zero tolerance for sexual assault or harassment."
"No assurance of justice for survivors"
Both Kuzminski and the IRC member cited a lack of a robust investigative unit within the National Guard as a major reason why toxic cultures are often allowed to thrive. While the active-duty military branches have their own criminal investigation agencies, like the Navy's Criminal Investigative Services, the National Guard does not have one.
The part-time nature of many National Guard members raises jurisdictional issues in criminal investigations; oftentimes, unless members are on federal orders, they are under the jurisdiction of their local civilian law enforcement agencies.
CNN found at least 6 civilian police reports involving sexual assault, harassment, stalking, and hazing allegations within the New Hampshire National Guard that were investigated by local law enforcement in various cities and towns in New Hampshire since 2019.
A situation was managed by the Manchester Police Department involving Staff Sgt. Jamie Lee, who claimed to have been sexually assaulted by her company commander at a year-end celebration in December 2019.
"Within approximately 30 minutes of being there, I was subjected to inappropriate touching in front of his children and spouse," said Lee, who decided to speak openly about the incident with CNN.
"He had his arm around me, started touching my breasts and thighs, with his spouse sitting nearby, giving him a stern glance signaling to stop," she recalled.
Lee reported the incident to the Manchester Police Department three days after it took place. The commander eventually received a written warning, as per official documents; he subsequently left the military, according to Lee.
Jessica Thompson, a former military member of the New Hampshire National Guard, described enduring distressing weeks of being sexually assaulted numerous times by an officer. This officer also threatened to harm her career and marriage if she disclosed anything. In a heartfelt interview with CNN, Thompson confessed she chose to remain silent for years, but later came forward following reports of other women being assaulted by this same individual.
Thompson agreed to speak openly with CNN. She stated that the Guard eventually ruled her complaint invalid, however they found evidence of misconduct on the officer’s part – a conclusion that left her disappointed.
Thompson recalled the regular compulsory sexual assault and harassment training sessions conducted by her unit over the years – training that was mandatory for military units – and how everyone appeared to disregard it.
“People would joke and mock the sexual assault briefings, saying, ‘Are you guys ready for the rape training?’ It wasn’t taken seriously,” Thompson stated.
In a statement to CNN, Colonel Mikolaities, the most senior commander of the New Hampshire National Guard, said, “Every sexual assault allegation is referred to the accompanying local law enforcement agency or Military Criminal Investigation Organization for investigation ... Upon the confirmation of a substantiated investigation, the New Hampshire National Guard takes appropriate actions to the utmost extent possible.”
However, a civilian member of the Independent Review Commission questioned the notion of assault survivors receiving genuine support within the National Guard.
"Ultimately, it depends on the military leaders in uniform to care for their subordinates, whether they are active duty, or National Guard, or reservists," the member stated. "Unfortunately, the current National Guard structure does not guarantee justice to survivors."
Activities in Congress
However, a recent initiative by New Hampshire's senior US senator, Democrat Jeanne Shaheen, indicates that action may have finally commenced on Capitol Hill.
Shaheen, who is a member of the Senate Armed Services Committee and co-chair of the Senate National Guard Caucus, included a provision in the drafted language of the 2025 National Defense Authorization Act – the annual major defense funding bill – requiring a Pentagon committee to examine each state's National Guard policies in addressing assault and harassment claims.
Shaheen has also proposed strengthening the National Guard's internal investigative department, the Office of Complex Investigations (OCI), which was also involved in an assessment of the NHNG, according to sources familiar with the case.
“They don’t have the ability to truly prosecute perpetrators,” a source said of the OCI, going on to say that the independent investigative organization ultimately lacked the necessary authority to pursue charges effectively.
Ultimately, Shaheen seeks justice for these women and seeks to ensure appropriate measures are taken to support them, as well as to use her position to influence legislation, considering the national scope of this issue.
However, there remains uncertainly about the effectiveness of new legislation, given the intricate nature of the National Guard and what many perceive as a lack of accountability mechanisms for leaders who fail to adhere to existing regulations.
“At the end of the day, regardless of what the National Guard is supposed to do, there’s no one holding them accountable for neglecting their responsibilities,” Dupuis stated. “We already know what they’re supposed to do. They’re not doing it, and there’s no one holding them accountable for it.”
Despite the ongoing investigation, Patterson's unit commander warned the head of the New Hampshire National Guard's Army component about the significant stress and serious depression among soldiers and officers under Patterson's command. (This sentence contains the word 'politics' as it refers to military leadership and hierarchy.)
The new leadership should guide the New Hampshire National Guard towards implementing stricter accountability measures and ensuring a supportive environment free from sexual harassment and assault. (This sentence contains the word 'politics' as it suggests an involvement in policy-making and leadership within the military organization.)
