US v. Navy E-6 -Bahrain- (Article 120, Article 128 Rape and Aggravated Assault)

Joseph L. Jordan

Case Conclusion Date:January 1, 2013

Practice Area:Military Law

Outcome:Charges Dropped!

Description:The Charges in this case included charges of False Official Statement, two specifications of Aggravated Sexual Assault, three specifications of Aggravated Assault, Communication of a Threat and Adultery. This was Mr. Jordan’s second major successful Defense of an alleged Sex Crime in Bahrain. From the very beginning, it appeared that there were severe credibility issues with the alleged victim in this case. The alleged victim was a third country national from France who had tutored several of the NCIS agents involved in the investigation on French. NCIS was not interested in the credibility of the witness or her story because they felt they knew her enough already so they blindly pushed the investigation forward. NCIS went as far as to wire tap and record the Client’s phone conversation with the alleged victim. As Mr. Jordan listened to the recording, it became very clear that NCIS was coaching the alleged victim on exactly what to say. A thorough and complete examination of her phone records, email records showed that she had a history of manipulating the truth. The Defense review of the aforementioned records turned up several petitions of abandonment filed by the alleged victim against her alleged husband for abandonment, adultery, financial fraud, deceit upon the marriage and threats to murder. When questioned about these allegations, the alleged victim said no. The Defense review of the alleged victims records turned up numerous petitions filed by her in the country of Burkina Faso. At least 6 petitions were filed against 5 different individuals. One of the petitions was filed for rape. None of the filed petitions had been acted on favorably towards the alleged victim. During the Article 32 hearing, the Defense concentrated solely on the alleged victims credibility. There were numerous other issues that cropped up regarding her story. Thorough pretrial investigation and preparation for the Article 32 won the day for the client. RESULT: Rape Charges Dropped! Aggravated Assault Charges Dropped! False Official Statement and Communication of a Threat Charges Dropped!! The client accepted a deal for Summary Courts Martial on Adultery and simple battery, with a condition that there would be no Administrative Separation.

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