OUTCOME: WITHDRAWAL of all charges prior to the preliminary hearing
A junior Air Force enlisted man was charged by civilian authorities with several offenses related to engaging in sexual relations with underage girls.
Sex crime
Sexual Assault of a Family Member
N/A
OUTCOME: Acquitted of all charges
An E-6 in the Navy was charged with raping and sexually abusing his stepdaughter while photographing and videotaping the sex acts. Two independent witnesses testified that they allegedly saw the video ...tape of the accused having sex with the child. Client was offered a seven year pretrial agreement, but we rejected it and took the case to an enlisted jury.
Military law
MARINE CHARGED WITH MULTIPLE OFFENSES
N/A
OUTCOME: The judge imposed a 5 year sentence, our client's confinement was limited to 15 months under the terms of the plea agreement we negotiated. The remaining 22 specifications were DISMISSED.
Enlisted Marine was charged with 26 offenses against his wife, to include rape, maiming, 5 specifications of forcible sodomy and 11 specifications of assault. After the Art. 32, we were able to negotia...te a plea agreement which resulted in a Guilty plea to only 4 specifications (maiming, two assaults and communicating a threat) which significantly limited his confinement exposure from life without parole to 11 years. The prosecution asked for a seven year sentence.
Military law
Ordered to Serve on Active Duty
N/A
OUTCOME: We secured a release from the active duty obligation.
Army ROTC student was terminated from the ROTC program and upon graduation from college, was ordered to serve on active duty in an enlisted status.
Military law
Alleged Positive Test for Amphetamines
N/A
OUTCOME: The board voted 3-0 for no misconduct.
Navy 02-E with 15 years of service was reported positive on a command sweep urinalysis for d-amphetamine. At the Show Cause Board of Inquiry, we established significant problems with the collection pro...cess.
Sex crime
Full Confession to Violent Rape
N/A
OUTCOME: Not Guilty to the rape and false official statement charges. Our client was convicted of a lesser included offense of simple assault and battery, he was sentenced to NJP equivalent punishment.
Navy E-3 was charged with rape of a female sailor in his command, as well as aggravated assault with a means likely to inflict death or grievous bodily injury and false official statement (lying to NCI...S), in addition to sexual assault upon another sailor in his command, and providing alcohol to that underage sailor. At the Art. 32, we were able to secure an acknowledgment from the one sailor that she had no basis to contend that our client had sexually assaulted her as well as an admission that she made the accusation in an effort to avoid getting in trouble for underage drinking and being late to muster. After the Art. 32, the charges related to the one sailor were withdrawn and we went to a General Court-Martial on the rape, aggravated assault and false official statement charges. At the end of to our client's first NCIS interrogation, where he denied raping the sailor, he agreed to take an NCIS polygraph.
Two months later during a deployment, our client was flown off the ship to take the polygraph. After he was told that the polygraph indicated he was lying, he subsequently provided a signed, written confession admitting to the violent rape and aggravated assault of the sailor, and lying in his first statement to NCIS. At trial, the defense successfully challenged the entire jury panel on the grounds of improper jury selection by the convening authority which systematically excluded anyone in the pay-grade below E-7 from being on the panel. The new jury panel had 17 members on it, 7 of which were in the paygrade of E-6. After my intense cross examination of not only the alleged victim, as well as the polygraph examiner and lead NCIS agent, the jury returned a verdict of NOT GUILTY to the rape and false official statement. Our client did not testify and we presented no evidence. Although our client was convicted of a lesser included offense of simple assault and battery, he was sentenced to NJP equivalent punishment.