Attorney Robert Frances Capovilla's Legal Cases

Sex crime

U.S. v. E-4, United States Marine Corps, Bangor, Washington (Sexual Assault).

Sep 18, 2018

OUTCOME: Charges DISMISSED. NO Federal Conviction, NO Sex-Offender Registration. LCpl is reinstated within the unit.

LCpl is accused of sexually assaulting a child under the age of 16. Law enforcement interrogates the LCpl for several hours, search his home, his truck, and confiscate several pieces of his clothing. T ... he LCpl is then removed from his position and placed in a “disciplinary unit” where he is tasked with cleaning the head, landscaping and mopping floors. The LCpl retains Mr. Robert Capovilla to represent him. Client maintains that he believed the alleged victim was at least 18 years old. Capovilla and firm investigator conducts a fact-finding mission. The investigator uncovers several profiles the alleged victim had posted on Tinder and other dating applications where the she advertised her age as a 19 year-old college student. As a direct result of Mr. Capovilla’s investigation, the Marine Corps is forced to consider other courses of action.

Sex crime

U.S. v. E-5, United States Army, Camp Buehring, Kuwait (Sexual Assault and Sexual Harrassment) .

Sep 12, 2018

OUTCOME: Charges DISMISSED. NO Federal Conviction, NO Sex-Offender Registration. NO Confinement. Client is reinstated within the unit.

Sergeant is accused of committing several acts of sexual harassment and sexual assault upon fellow NCOs while deployed and serving overseas. According to the allegations, the Sergeant touched, grabbed ... and made sexual advances towards two females in his unit who were dating one another at the time of the alleged incident. Sergeant’s command offers him Article 15 punishment and the Sergeant’s JAG military defense counsel strongly encouraged the Sergeant to accept the Article 15 punishment because the JAG told him, “we would lose at a court-martial, no question about it.” Wanting a second opinion, the Sergeant speaks with Mr. Robert Capovilla and retains the firm. Robert Capovilla thoroughly analyzes the evidence and the firm’s investigator works the case in his investigative capacity. Capovilla and the investigator discover that the allegations are not nearly as strong as the command alleges them to be. Moreover, through the process of interviewing eye witnesses, Capovilla is able to uncover that the alleged victims actually told other members of the unit that they did not like the client and they want him removed from the unit before they accuse him of misconduct. On Mr. Capovilla’s recommendation, the client turns down Article 15 punishment and opts to for court-martial.

Sex crime

U.S. v. OCS Candidate, United States Army, Fort Benning, GA (Sexual Assault and Abusive Sexual Contact).

Sep 01, 2018

OUTCOME: ALL CHARGES DROPPED. Allegations found UNSUBSTANTIATED. Client was subsequently MEDICALLY DISCHARGED with HONORABLE Characterization. Received ALL Medical Benefits.

Client retains Mr. Robert Capovilla after accusations of sexual assault are made by a classmate in training. The client’s accuser claimed that he had grabbed her on her rear-end. The Government began t ... he process of charging the client for grabbing her without her consent and for his own sexual gratification. After a thorough investigation, Robert Capovilla was able to show CID that the complaining witness had a motive to fabricate, i.e., that the alleged victim only made the allegation after his client terminated their relationship. Through the course of the firm’s investigation, the firm uncovered several text messages and photos sent to the client from the alleged victim clearly showing that any sexual contact prior to the breakup was with her consent. As a result of the allegation, client’s command instituted an unlawful no-contact orde. Mr. Capovilla subsequently files an Article 138 Complaint against his client’s commander for the unlawful no-contact order. As a result, the client’s Commander was forced to apologize to the client and thereby destroyed the no-contact order. As a result of Mr. Capovilla’s proactive efforts, charges were not preferred against client.

Sex crime

U.S. v. E-7, United States Air Force, Ramstein, Germany (Sexual Assault)

Jul 25, 2018

OUTCOME: Client is RETAINED. Client expecting to FULLY RETIRE with ALL benefits.

Master Sergeant is a 17-year veteran of the United States Air Force with an impeccable record. During a squadron BBQ held at a fellow NCO’s home, Master Sergeant is accused by two women of touching th ... em in a sexual manner on private areas of their body in front of several eyewitnesses. Master Sergeant is removed from his leadership position, FLAGGED, reduced in rank at an Article 15 hearing, and otherwise treated by his chain of command as a guilty man before he ever has the ability to defend himself. Master Sergeant retains Mr. Robert Capovilla to represent him. At the separation board, Mr. Capovilla aggressively but very precisely cross-examines both complaining witnesses. Capovilla elicits testimony proving that the two women dislike the client’s wife, colluded together to accuse our client, and that their stories changed several times in many different ways. Mr. Capovilla reveals how the case is riddled with inconsistent statements, falsehoods, and facts that defied common sense. He illustrates for the panel how the OSI report is completely biased and lacks credibility. Additionally, Capovilla successfully discredits our client’s own Commander by uncovering evidence that the Commander believes that all Airmen “accused” of sexual assault “should be punished to the fullest extent” under the law. As a result, the board, after just an hour of deliberation, determines that our client DID NOT sexually assault either complaining witness.

DUI and DWI

U.S. v. E-4, United States Army, Fort Bliss, Texas (Drug Possession and DUI)

Jul 13, 2018

OUTCOME: NO Court-Martial, NO Nonjudicial Punishment, NO Separation Board, and NO Federal Convictions. Client was recently restored to his previous position within the unit.

Specialist is under investigation for fleeing from a police officer, resisting arrest, possession of narcotics, and driving under the influence. The misconduct allegedly takes place off-post and the Sp ... ecialist is told by his chain of command that if the charges were true, they planned on court-martialing. Specialist retains Mr. Robert Capovilla to represent him. Mr. Capovilla and the firm’s investigator interviewed the arresting police officer and uncovered a number of details not previously provided to JAG. After several months of negotiations, several hours of research, and dozens of calls with the client, Capovilla convinced the Soldier’s chain of command not to take any action against him for the alleged misconduct. The client is informed that the charges would be dropped and that his flag would be lifted so that he could continue his career.

Military law

U.S. v. E-4, United States Army, Fort Benning, Georgia (Larceny)

Jun 18, 2018

OUTCOME: NO Court-Martial, NO Federal Conviction, and NO Separation Board. Client is back at work, hoping to obtain a slot to Airborne School in the spring.

Specialist had been serving for four years and had never before been in trouble for any type of misconduct. Despite this fact, the Specialist was pulled from her unit and told to report to her company ... Headquarters where MPI was waiting with supposedly incriminating information. MPI informs the Specialist that she was under investigation for stealing thousands of dollars from her ex-roommate and stealing her ex-roommate’s identity. Moreover, Specialist is informed that she would be removed from her job, flagged, barred from promotion, and likely court-martialed. Specialist retains Mr. Robert Capovilla to represent her. Mr. Capovilla immediately went to work to find out the truth in her case. After a thorough investigation and several conference calls with our client, Mr. Capovilla discovers that the client’s identity had actually been stolen and that someone had opened up several fraudulent accounts in her name. Capovilla presents this information to both the Command and to law enforcement. Upon discovering this new information, law enforcement drops the case and client is found not guilty of any serious offenses during an Article 15 hearing. After hearing the full story and reviewing the evidence elicited by Capovilla, the Commander decides to suspend any remaining punishment and allow our client to continue with the unit, eventually restoring her place within the company.

Sex crime

US v. E-5, United States Air Force, Nellis AFB, Las Vegas, Nevada (Sexual Assault and Drug Possession)

Jun 12, 2018

OUTCOME: NO Sex Offender Registration, NO Federal Conviction.

Government charges Staff Sergeant with two specifications of sexual assault and one specification of possession of a controlled substance. Prior to trial, the Staff Sergeant insisted to law enforcement ... and his command that his wife’s phone contained pictures and text messages that would prove he did not commit sexual assault. His command did not believe him and Staff Sergeant retained Mr. Robert Capovilla. Mr. Capovilla and the firm’s investigator launched a full-scale investigation into the complaining witness’ background discovering that just prior to making the false allegations against our client, that the complaining witness had previously been caught having an affair on her husband. Moreover, Capovilla obtained a digital forensic expert to extract data from a key cell phone in order to uncover exculpatory evidence. The extraction was only conducted after Capovilla filed several motions with the court. Thanks to the motions, Capovilla was finally given access to the phone, which had been seized by OSI nearly one year before. OSI inaccurately wrote in its Report of Investigation that nothing of evidentiary value was found on the seized cell phone. Within just 24 hours of receiving the data from the phone, Capovilla’s expert uncovered hundreds of text messages from the complaining witness that clearly showed she lied to investigators about the night of the alleged assault. Data from Capovilla’s extraction also revealed a strong motive to lie in order to save her failing marriage. Three days before trial, Capovilla releases this evidence to the Government and, in response, the Government not only drops both sex assault allegations, but the Government also agrees to dismiss the charge for drug possession.

Sex crime

U.S. v. E-6, United States Air Force, Ramstein, Germany (Sexual Assault)

May 02, 2018

OUTCOME: NO Court-Martial, NO Federal Conviction, and NO Sex Offender Registration.

The Government investigates this Tech Sergeant for over 6 months for allegedly sexually assaulting a fellow airman’s spouse. Tech Sergeant’s command had flagged and counseled him, informing him that t ... hey planned to Court-Martial him with offenses that could result in registering as a sex-offender. Tech Sergeant hires Mr. Robert Capovilla to represent him and to help him “prove that he was innocent” of all charges. Mr. Capovilla, along with the firm’s investigator, David Anegada, interview several witnesses who all inform Capovilla that the complaining witness has a reputation for lying. Capovilla uncovers dozens of specific lies told by the complaining witness. One such lie included how the complaining witness told one of her friends that Capovilla’s client actually never assaulted her. With this information, Mr. Capovilla discusses his client’s case with OSI and the military prosecutor. The Government eventually agrees to drop the case in its entirety.

Sex crime

U.S. v. E-6, United States Army, Joint Base Lewis-McChord, Washington (Sexual Assault)

Apr 19, 2018

OUTCOME: NO Court-Martial, NO Federal Conviction and NO Sex-Offender Registration.

Staff Sergeant hires Mr. Robert Capovilla after discovering that he is under investigation for allegedly sexually assaulting a fellow Soldier off-duty. CID pressures the Staff Sergeant to provide an i ... ncriminating statement and even tells him that he would end up a registered sex-offender if he did not cooperate. Over the course of the next 4-5 months, Capovilla works hard to prove to the client’s command that the complaining witness was not honest about the alleged sexual assault and that she had lied to protect her relationship with her boyfriend. After conducting significant pretrial investigation, Mr. Capovilla discovers that the complaining witness only claimed sexual assault after her boyfriend found text messages on her phone between her and the client. A short time later, the military prosecutor determines that the case could not be prosecuted because the complaining witness no longer wanted to participate following the investigated conducted by the firm.

Sex crime

US v. E-3, United States Marine Corps, Bangor, Washington (Sexual Assault)

Apr 12, 2018

OUTCOME: NO Sex Offender Registration, NO Federal Conviction, Client immediately returns back to duty.

Lance Corporal is under investigation for 8 months for allegedly sexually assaulting an underage girl. The Lance Corporal is removed from his platoon, placed in a disciplinary unit, and told that if c ... onvicted he would be a sex offender for the rest of his life. Moreover, his command refuses to provide him with any information about his case and leaves him guessing at how long he would be under investigation. Lance Corporal retains Mr. Robert Capovilla. Only ten (10) days after hiring Mr. Capovilla, all charges against the client are dropped and NCIS completely dismisses the investigation. Mr. Capovilla, along with the firm’s investigator obtain “smoking gun” evidence clearly proving that the complaining witness had informed the client that she was a 19-year old college girl who lived by herself in an apartment. Mr. Capovilla provides this information to NCIS and client is told that his command is not going to take any further action against him.

Robert Frances Capovilla's Legal Cases (59)

U.S. v. E-4, United States Marine Corps, Bangor, Washington (Sexual Assault).

U.S. v. E-5, United States Army, Camp Buehring, Kuwait (Sexual Assault and Sexual Harrassment) .

U.S. v. OCS Candidate, United States Army, Fort Benning, GA (Sexual Assault and Abusive Sexual Contact).

U.S. v. E-7, United States Air Force, Ramstein, Germany (Sexual Assault)

U.S. v. E-4, United States Army, Fort Bliss, Texas (Drug Possession and DUI)

U.S. v. E-4, United States Army, Fort Benning, Georgia (Larceny)

US v. E-5, United States Air Force, Nellis AFB, Las Vegas, Nevada (Sexual Assault and Drug Possession)

U.S. v. E-6, United States Air Force, Ramstein, Germany (Sexual Assault)

U.S. v. E-6, United States Army, Joint Base Lewis-McChord, Washington (Sexual Assault)

US v. E-3, United States Marine Corps, Bangor, Washington (Sexual Assault)