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Timothy James Bilecki
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Timothy Bilecki’s Legal Cases

89 total


  • United States v. E-3

    Practice Area:
    Military Law
    Outcome:
    Full Acquittal
    Description:
    http://www.stripes.com/article.asp?section=104&article=63539 In this high-profile case, client was charged with attempted murder and obstruction of justice after allegedly stabbing another Soldier in the chest multiple times during a gang-related brawl. The incident was captured on a closed-circuit camera nearby. According to testimony at trial, client allegedly made an oral confession to his girlfriend within an hour of the incident; however, cross-examination revealed the woman’s prior misconduct for forging documents and false official statements. Client’s clothes from the incident, and the knife allegedly used in the stabbing, were never recovered. At trial, the defense argued that all evidence pointed to two other Soldiers and that CID rushing to judgment. Our client. was FULLY ACQUTTED – NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.
  • United States v. E-6

    Practice Area:
    Military Law
    Date:
    May 29, 2009
    Outcome:
    Full Acquittal
    Description:
    Camp Zama, Japan: E-6 – May 2009 Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Our client was was charged with possession and transportation of child pornography and child sexual assault, which had allegedly occurred over an eight-year period. The government refused to provide the defense with computer-based evidence, citing the Adam Walsh Act. Defense later won a motion declaring the Adam Walsh Act unconstitutional as applied, and subsequently received all evidence. With assistance from computer forensic experts at Cyber Agents, Inc., the defense relentlessly cross-examined the government’s expert witnesses regarding evidentiary specifics. The defense then employed a “soft plan B” when questioning the child victim by implying, through cross-examination of her and other government witnesses, that she may in fact have been the individual who actually downloaded the child pornography onto the computer. Client was FULLY ACQUTTED – NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.
  • United States v. E-6

    Practice Area:
    Military Law
    Outcome:
    Full Acquittal
    Description:
    Camp Humphreys, Korea: E-6 – August 2009 Maximum Punishment: DD, 15 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, loss of retirement SSG was charged with false official statements and Basic Allowance for Housing (BAH) fraud after giving a written confession to CID. At trial, Mr. Bilecki extensively cross-examined the CID agent who took the "confession,” exposed the deceitful tactics of the agents then argued at closing that the written confession was coerced and therefore, did not accurately reflect what happened in the interrogation room. 
Client was FULLY ACQUITTED – NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.
  • United States v. E-4

    Practice Area:
    Military Law
    Outcome:
    All sexual assault / rape charges dismissed
    Description:
    Torii Station, Okinawa / Manila, Philippines: E-4 – February 2009 Maximum Punishment: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Government dismissed all sexual assault / rape charges against SPC Hopstock. http://www.stripes.com/search.asp?searchnow=Y http://www.gmanews.tv/largevideo/related/37542/Violence-mars-anti-VFA-rally-near-US-Embassy http://globalnation.inquirer.net/news/breakingnews/view/20090228-191611/GIs-acquittal-in-Okinawa-rape-slammed http://www.atimes.com/atimes/Southeast_Asia/KC20Ae03.html http://barangayrp.wordpress.com/2008/07/27/rape-human-trafficking-gov’t-neglect-–-the-travails-of-okinawa-rape-victim-hazel/ http://migrant.coolloud.org.tw/node/36128 http://newsinfo.inquirer.net/breakingnews/metro/view/20090302-191895/Violence-erupts-at-anti-VFA-protest This case received international media attention – particularly in the Philippines – when Japanese prosecutors refused to try the case and public outcry was met with severe curfews and restrictions across Okinawa in early Spring 2008. The client was accused of raping a Filipina bargirl working outside of Kaduna Air Force Base, Okinawa, as well as procuring a prostitute dozens of times. At the Article 32 hearing, the defense was denied the ability to speak with the witnesses because the government refused to locate them in the Philippines, or because witnesses refused to testify due to their status (Philippine Senators and Legislators). Undaunted, Mr. Bilecki and co-counsel CPT Ernesto Gapasin traveled to the Philippines to locate the exculpatory witnesses and truly investigate the case. With the assistance of local contacts and the US Embassy, all of the Filipina witnesses were located and questioned; they provided the defense with exculpatory testimonial evidence. While in the Philippines, the defense also discovered that significant financial resources and compensation was proffered to the alleged victim’s family by a large media conglomerate, in exchange for anti-US military interviews. The defense sensed a link between the alleged rape, Gabriella Woman’s Group, and financial compensation received by the alleged victim’s family. The defense then requested and was granted depositions in Manila from the Filipina witnesses, a Philippine Senator, the Chief Operating Officer of GMA Television, and the lead reporter covering the stories. During the depositions, it was revealed that the alleged victim had fabricated much of the rape claim and was being pressured to pursue the case. It was also revealed that high ranking members of Gabriella spoke with the alleged victim and her family, and put them in touch with a friendly reporter at GMA Television who aired their story with anti-US Military spin. Testimony also confirmed that the alleged victim’s family had received relatively substantial financial incentives to pursue the rape claim. Members of Gabriella and GMA Television also discussed the case’s potential to become “the next Danny Smith [case].” After the depositions were taken, the defense clearly showed that this case was politically motivated by high level, anti-US military political groups in the Philippines. After returning from the Philippines, the government DISMISSED ALL CHARGES INVOLVING THE RAPE.
  • United States v. E-9 CSM

    Practice Area:
    Criminal Defense
    Outcome:
    NOT GUILTY of All Charges except LIO of Frat
    Description:
    Yongsan, Korea: E-9 – December 2009 Maximum Punishment: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement CSM was initially charged with wrongful sexual contact, indecent acts and fraternization, following an incident that took place between him and his driver inside their vehicle. The driver was bragging about the size of his penis and trying to “prove it” by revealing himself to CSM. Exasperated, CSM. grabbed the E-4’s ACU trousers and tugged on his boxer shorts, telling him to cut it out and “put it away.” The driver subsequently claimed that CSM H. sexually assaulted him numerous times in the vehicle. From the outset of proceedings, the prosecution overcharged CSM H., seeking jail time and a Bad Conduct Discharge, potentially costing CSM H. a 1.4 million dollar retirement. The client pled guilty to a lesser included offense of fraternization, and was found NOT GUILTY on all other charges. Client received a one-grade reduction but will still retire as an E-9.
  • United States v. E-3

    Practice Area:
    Military Law
    Outcome:
    NG Agg Assault, NG D&D, G LIO Simple Asslt,
    Description:
    Camp Casey, Korea: E-6 – March 2009 Maximum Sentence: 5 years, DD, total forfeiture, reduction to E-1, Federal felony conviction Mr. Bilecki tried this case with civilian defense attorney Phil Cave. The client – an Iraq scout sniper diagnosed with PTSD – was charged with over-intoxication and aggravated assault on his wife. After an argument with her, the client punched his wife repeatedly, resulting in a broken nose, collapsed eardrum, and facial malignancies. After the incident, the client confessed to members of his unit. Before trial, the defense suppressed the portable breath test used to bolster the charge of over-intoxication since the machine was not properly calibrated; that charge was dismissed. The defense tried the case at a panel (jury) trial, but was prevented from citing the client’s PTSD by a military judge. Mr. Bilecki and Mr. Cave then formulated a self-defense defense and devised an instruction that allowed mention of the client’s PTSD symptoms as well as his prior deployments. The client was convicted of simple assault, a lesser included offense, and was sentenced to a two-grade reduction, only 15 days confinement and no discharge.
  • United States v. E-5

    Practice Area:
    Military Law
    Outcome:
    All Charges Dismissed
    Description:
    Yongsan, Korea: E-5 – July 2009 Maximum Sentence: DD, Life in confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Our client was charged with three counts of rape on four separate victims over a three-year period. The government alleged that the client was a womanizer who preyed on enlisted women in bars, enticed them to go home with him, and proceeded to sexually assault them. At the Article 32 hearing, the defense proposed the theory that all of the alleged victims were related (roommates, friends, etc.), and that they were angered by the client’s ungentlemanly treatment following an episode of consensual intercourse. Subsequently, the government referred all charges to a GCM despite the wishes of one alleged victim. Mr. Bilecki turned down every plea bargain the government offered and demanded the opportunity to fully contest the case in front of a military panel. Less then one week before trial – after three of Mr. Bilecki’s cases received consecutive, full acquittals – the government DISMISSED ALL CHARGES against the client.
  • United States v. E-2

    Practice Area:
    Military Law
    Outcome:
    All Charges Dismissed
    Description:
    Camp Zama, Japan: E-2 – February 2009 Maximum Sentence: DD, 9 years confinement, total forfeiture, reduction to E-1, Federal felony conviction The client was charged with unlawfully striking a child, having multiple wives, and falsifying multiple marriage documents. After investigating the case in Japan, Mr. Bilecki – with co-counsel CPT Ernesto Gapasin – took an aggressive posture and demanded a fully contested panel (jury) trial with multiple local national witnesses including those who worked in Japan’s underworld sex industry. The government immediately backed down and ultimately DISMISSED ALL CHARGES against the client.
  • United States v. E-6

    Practice Area:
    Military Law
    Outcome:
    Prosecution Declined to Prosecute
    Description:
    Camp Zama, Japan: E-6 – December 2009 Maximum Sentence: Client never formally charged Our client was suspected of larceny of over $25,000 in government funds, as well as a follow-on money-laundering scheme with roots in Nigeria. Mr. Bilecki and co-counsel CPT Ernesto Gapasin quickly got involved and delayed prosecutors from charging the client; this delay allowed the defense time to uncover information to later be used at trial. When charges appeared imminent, Mr. Bilecki informed prosecutors they were prepared to travel to Nigeria to expose the reality of the alleged money-laundering scheme, then demand a panel (jury) trial and production of witnesses from Nigeria. The government relented and DECLINED TO PROSECUTE the client.
  • United States v. O-3

    Practice Area:
    Military Law
    Outcome:
    NG Larceny, G negligent dereliction of duty
    Description:
    Yongsan, Korea: O-3 – August 2009 Maximum Sentence: Dismissal, 15 years confinement, total forfeiture, Federal felony conviction, loss of medical license The client, an emergency room doctor, was charged with larceny of nearly $30,000 of BAH funds and false official statements in a case involving allegations in both Korea and Hawaii. These charges threatened the client’s liberty and continued ability to practice medicine. At the Article 32 hearing, Mr. Bilecki questioned various members of the finance and in-processing office regarding the myriad of confusing, and often conflicting, rules for BAH and OHA allowances when family members travel between the US and Korea. Afterward, the government agreed to dismiss all larceny charges against the client in exchange for a “guilty to negligent dereliction of duty” plea. The client received NO JAIL TIME and NO DISCHARGE. Client has since resigned from the Army with an honorable discharge and continues to practice medicine.