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Sexual Assault Charges Withdrawn and Dismissed Against Sergeant of Marines
USMC E-5 was placed into pretrial confinement based upon 14 charges of sexual assault of a junior female Marine, as well as a myriad of unrelated charges. The client retained the military attorneys of JAG Defense to represent him. Immediately upon being retained, JAG Defense began investigating the allegations of sexual assault, uncovering a critical witness unknown to NCIS or the prosecution who spoke with the "victim" only minutes after the alleged sexual assault. Following our discovery of this exculpatory witness, we made repeated demands for a speedy trial. At our client's Article 32 hearing, our aggressive cross-examination of the "victim" highlighted numerous inconsistencies in her story, established a motive to fabricate the allegations against our client, and trapped her in a blatant lie during her sworn testimony, which she was forced to admit under oath. In addition, we presented the testimony of the exculpatory witness, who testified that immediately following the alleged sexual assault, the "victim" was excited, happy, and bragging that she had fooled around with our client. Following the Article 32 hearing, we convinced the Commanding General to WITHDRAW AND DISMISS all sexual assault charges against our client in exchange for guilty pleas to the other unrelated charges. Result: Our client was released from confinement with time served and avoided having to register as a sex offender.
Categories: Military Success Stories
Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges
Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him.
Categories: Military Success Stories
Air Force E-3 Acquitted of All Charges without Testifying
Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.
Categories: Military Success Stories
Air Force E-4 Found Not Guilty of Indecent Acts with Child
Air Force E-4 was charged with possession of child pornography and indecent acts with his 4-year old stepson. After securing a favorable pre-trial agreement on the child pornography charge, our client pleaded not guilty to the indecent acts. At his court-martial, we challenged the competency of the child as a witness and objected to his testimony. After repeated attempts by the government to establish the child’s ability to testify as a witness, the military judge sustained our objection and ruled that the child was not competent to testify. Result: Our client was found NOT GUILTY of the indecent acts charge.
Categories: Military Success Stories
Navy Sailor Received Additional Pre-trial Confinement Credit
A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client's time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.
Categories: Military Success Stories
Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board
Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a "Civilian Conviction" under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy.
Categories: Military Success Stories
Navy E-9 Retires as a Master Chief Despite Unprofessional Relationship
A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as a Master Chief.
Categories: Military Success Stories
Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges
Air Force E-7 was charged in 2004 with raping an Army E-3 while both were TDY to Germany. Due to our representation at his General Court-Martial, he was found NOT GUILTY of the charge against him (additional details below). In 2007, the same client was charged with indecently assaulting and attempting to commit forcible sodomy with an Air Force E-4 while TDY to Turkey. At his second General Court-Martial, the military judge permitted the previous alleged victim to testify again regarding the alleged rape from 2004. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her in 1990 while TDY to Oman. Despite the apparent pattern of sexual assaults in TDY environments, we were still able to convince the officer member panel that our client was NOT GUILTY OF ALL CHARGES against him.
Categories: Military Success Stories
Sexual Assault Charges Withdrawn and Dismissed for Air Force Doctor
An Air Force doctor was charged with sexually assaulting 6 female patients during medical appointments. We highlighted numerous problems in the government's case, and successfully convinced the command to WITHDRAW AND DISMISS all sexual assault charges. Instead, our client pleaded guilty only to an orders violation for failing to wear gloves and have a chaperone during his physical examinations of his patients. Result: Our client avoided a sex offender registration and received a General (Under Honorable Conditions) separation from the Air Force.
Categories: Military Success Stories
Air Force O-4 Acquitted of Sexual Offense Charges
Air Force O-4 was charged with Indecent Acts with a Child, Conduct Unbecoming an Officer by engaging in sexual advances toward female subordinates, a variety of assaults and battery on junior enlisted personnel, and drunk and disorderly conduct. He pled guilty to Assault on a Child under Sixteen, several of the Assaults, and Conduct Prejudicial to Good Order and Discipline. He was only convicted of one assault to which he did not plead guilty. He was acquitted of all sexual offenses, thus avoiding sexual offender registration. In sentencing, the Government argued for Dismissal from the service and three years confinement. Our client was sentenced to only 45 days of confinement and forfeitures, and NO DISMISSAL.
Categories: Military Success Stories