Bilecki Challenges Intoxicated Victim’s Inability to Consent, Clears Army CPL
May 24, 2024
OUTCOME: After a week-long trial, the court found the Corporal not guilty of all charges and specifications.
An Army Corporal stationed at Fort Bliss faced allegations of sexual assault following an incident at a friend’s house involving beer pong, Mad Dog 20/20, and some debauchery. The Soldiers were drinkin...g, and two of them hooked up and had sex, with the female Soldier later claiming she was too drunk to consent. The case was investigated by the CID, and charges were later preferred at a general court martial.After the charges were preferred, the Corporal retained civilian defense counsel Tim Bilecki to defend him at trial. Bilecki flew to Fort Bliss, Texas, to try the case. We interviewed all the partygoers and obtained video footage from the various cell phones from the night. One of the better views showed a Soldier drinking Mad Dog 20/20 and vomiting in the street. It was a lively party. While the Soldiers were drinking heavily, the two who hooked up had been flirting all night, and by all accounts, both parties were able to understand what they were doing and had consensual sex. It was only when the party was broken up by the MPs and things went south did the alleged victim claim it was sexual assault.At trial, Bilecki’s defense strategy hinged on consent, mistake of fact as to content and challenging the level of intoxication of the alleged victim. The defense presented evidence and arguments to contest the alleged victim’s account, focusing on inconsistencies and questioning the reliability of her claims, especially regarding her level of intoxication. After a week-long trial, the court found the Corporal not guilty of all charges and specifications.
Military law
Marine Identified as a Key Figure in LSD Ring, Bilecki Negotiates Plea
May 17, 2024
OUTCOME: As a result, the Marine was sentenced to one year and one day in confinement and received a Bad Conduct Discharge.
A Marine Corporal at Marine Corps Base Hawaii was implicated in a significant LSD distribution operation. His involvement was confirmed through a positive urinalysis for LSD and the discovery of extens...ive text messages by the Naval Criminal Investigative Service (NCIS), detailing his participation in the distribution network. The Drug Suppression Task Force identified the Marine Corporal as a key figure in an LSD distribution ring under investigation at the Marine Base. The NCIS used undercover informants to build their case against him. After gathering substantial evidence, the Marine was arrested and made incriminating statements during interrogation. He also tested positive for LSD in a subsequent urinalysis.
Facing 13 charges with numerous specifications, the Marine was accused of multiple violations, including attempts to wrongfully possess and distribute controlled substances, conspiracy, failure to obey orders, and wrongful introduction and possession of LSD and anabolic steroids. This case was notable not only for the Corporal’s actions but also for his connections to a wider LSD distribution network within the Marine community.
Upon being charged, the Marine retained Tim Bilecki, a renowned military drug defense attorney in Hawaii, specializing in UCMJ Article 112 cases. Bilecki’s initial strategy involved preparing for trial and confronting the government’s informants. However, considering the overwhelming evidence, a negotiated plea was deemed preferable to the risks of a full court martial, which could have resulted in a severe sentence for the Marine.
The government initially sought over five years in confinement, but through plea negotiations, Bilecki negotiated an agreement for his client to serve one year and one day in exchange for pleading guilty to four of the thirteen charges. This plea agreement aimed to reflect the seriousness of the Corporal’s involvement while adhering to the principle of not representing clients who act as informants. As a result, the Marine was sentenced to one year and one day in confinement and received a Bad Conduct Discharge.
Military law
Sailor’s Social Media Posts Spark Investigation, Bilecki Defends
May 17, 2024
OUTCOME: Consequently, the investigation was concluded as unsubstantiated, and no adverse actions were taken against the Sailor.
A Navy Petty Officer Second Class in Okinawa came under investigation after a fellow Sailor reported seeing posts on social media that raised concerns about potential violations of Navy and Marine Corp...s regulations regarding association with hate groups. The initial suspicion was that the Petty Officer might have signed up for a website associated with such groups, potentially breaching Article 92.
Upon the command’s initiation of an investigation, the Sailor retained military attorney Tim Bilecki. We cooperated with the investigation and revealed that while the Sailor had indeed signed up for a politically charged website, this site was not affiliated with any hate group. It harbored strong political views, but his involvement was strictly in a private capacity and breached no military regulations. Furthermore, his public social media postings, though scrutinized, contained no hate speech or other forms of speech that contravened policy.
The thorough investigation determined that the Sailor’s actions were protected under his First Amendment rights and did not violate any specific Navy or Marine Corps rules. Consequently, the investigation was concluded as unsubstantiated, and no adverse actions were taken against the Sailor.
Military law
Marine Avoids Sex Offender Label in Romance Gone Wrong, Serves 30 Days
May 17, 2024
OUTCOME: All sexual assault charges were dismissed, and our client would not have to register as a sex offender for the rest of his life.
A lifetime sentence of registering as a sex offender is what one Marine Corporal out of Camp Lejeune was facing. It’s a hell of a price to pay for a consensual romantic relationship, and yet, that’s ex...actly what the military justice system was about to throw down on this Marine. That was until Bilecki stepped into the ring to fight for this Marine.
This Corporal became romantically involved with a Lance Corporal who would later go on to accuse him of sexual assault. The two could often be seen together, and the mutual romantic interest seemed obvious to outside observers. The night of the alleged assault, the couple engaged in intimate behavior that included cuddling and kissing. Sensing mutual interest, the Corporal proceeded to and eventually digitally penetrate her. However, when he sensed that she wanted to proceed no further, he stopped all advances.
The victim left on her own accord that night and the Corporal could have never imagined what was about to come next. She accused him of sexual assault, and he was now staring down the barrel of the life sentence as a sex offender. That’s when Bilecki got involved, and we immediately began conducting our own investigation.
The prosecution wanted to overlook the mutual romantic interest and act as if the Corporal grabbed a stranger off the street. We didn’t let them do that. We showed that the Corporal’s subsequent texts to the Lance Corporal didn’t show an ounce of guilt but rather heartbreak over losing the romance and that he was afraid to lose her. Perhaps a Corporal shouldn’t be romantically interested in an E-3, but the man was smitten with her.
The prosecution simply failed to consider the complexities of romantic encounters. Does she want you to kiss her, or does she not? If she kisses you, does that mean she really does like you? The prosecution also wanted to ignore the fact that the Corporal pulled back at the first sign of uncomfortableness by the alleged victim. With body language, she communicated stop, and the Corporal stopped. Now, we were ready to take this all the way to trial, but we serve our clients and respect their intent. The Corporal was extremely risk-averse and simply wanted to ensure he never had to spend the rest of his life as a sex offender. We were asked to negotiate a pre-trial agreement that would prevent just that.
We then engaged in the complex process of negotiations, and we were able to secure a pre-trial agreement where he would plead guilty to simple assault and order violation. All sexual assault charges were dismissed, and our client would not have to register as a sex offender for the rest of his life. He only had to serve 25 days of confinement, and the charges he pled guilty to were no more serious than a drunk Marine getting into a fight and violating some order along the way. Namely, what pretty much every Marine has done since the first pint of ale was drunk at Tun Tavern on November 10, 1775.
We honored our client’s wishes, protected his reputation and secured him the best possible outcome. He gets the rest of his life back and we have the honor to have served this Marine well.
Military law
After 8 Hours of Duress, Soldier Falsely Confesses to Sex Assault, Gets 18 Months
May 17, 2024
OUTCOME: Our client received 18 months of confinement and a mandatory dishonorable discharge despite the government asking for significantly more time.
It can often be said that truth is stranger than fiction because there are some scenarios one just couldn’t make up if they tried. Yet, the truth is a double-edged sword that will simultaneously set yo...u free and hold you accountable at the same time. There are times when a client just cannot escape accountability for poor decisions, and this is one of them.
An Army Specialist, who is an African American male, was attending a mortar party with a female at Schofield Barracks, Hawaii. A substance referred to as “jungle juice” began to be passed around, and the individuals at the party became highly intoxicated. The female attending the party reached a point where she was too intoxicated to continue in the revelry, and she retired upstairs to a guest bedroom to sleep.
The Army Specialist in question continued to check on her throughout the night, and since he was her ride home after the party, he thought it best not to leave her alone in a house full of drunk mortarmen. Unfortunately for the Specialist, he continued to drink throughout the night and decided to fall asleep in the same bed as the female.
When the female awoke the next morning, she found the Specialist in bed next to her without pants or a shirt on. The female told the Specialist that she woke up to an African American male having sex with her but that she was too drunk to put a stop to it. With the Specialist being an African American male, she immediately blamed him. Sexual assault was reported the same day, and forensics took samples for testing.
Prior to the DNA results coming back, the Criminal Investigation Division (CID) interrogated the Army Specialist for hours. It is not uncommon under this type of duress for a client to come to believe in their own guilt. After nearly 8 hours, the client made an admission to sexually assaulting the victim. When the results came back, the DNA showed our client’s skin sample on the alleged victim/s pubic mound and outer labia. Here is where it takes an unbelievable turn.
The DNA also came back for semen of another male, which was found on the alleged victim’s cervix, the outer area of the vagina and our client’s scrotal swabs. The DNA belonged to our client’s squad leader, who was also an African American male. It became clear that African American male that raped the victim was not our client.
The DNA did still implicate our client in some form of misconduct, and CID confession was still heavily used by military prosecutors. The prosecution put forward the notion that our client had sex with the victim after the squad leader and may have used a condom, which minimized the forensic evidence. Trace evidence testing was conducted, which showed a condom may have been used, but the nature of the testing was not conclusive.
The CID quickly charged the squad leader but continued the case against our client as well. The trial was moved to Fort Jackson, SC and tried before a military panel. The case lasted for five days, and based on the confession, DNA and trace evidence, our client was convicted, despite not being the man the woman remembered raping her that night.
Without that confession, the government would have had an extremely difficult time obtaining a conviction. Remember, that’s the confession he offered up after over 8 hours of interrogation. Meanwhile, the squad leader knew he was the guilty party all along. Our client received 18 months of confinement and a mandatory dishonorable discharge despite the government asking for significantly more time.
This is why it is vital for military service members to receive a competent and adequate defense strategy while the cases are still under investigation. You cannot count on military investigators to play fair, and military prosecutors will pursue a conviction at all costs.
Military law
Soldier Tests Positive for THC, Defense Argues Other Medications Could Interfere
May 17, 2024
OUTCOME: The board found no basis for misconduct, allowing the Specialist to be retained in the Army.
An Army Specialist stationed at Camp Humphreys tested positive for THC in a urinalysis test. Faced with the potential ramifications of this result, the Specialist retained Article 112 UCMJ military dru...g crime attorney Tim Bilecki, for his defense.
Bilecki traveled to Korea to represent the Specialist at the administrative separation board. The defense strategy involved presenting a case for a false positive result. Bilecki’s team argued that the Specialist’s use of certain medications, including ibuprofen and tramadol, could have contributed to the positive THC result.
This argument was critical in challenging the validity of the urinalysis and defending the Specialist’s innocence. The board found no basis for misconduct, allowing the Specialist to be retained in the Army. This decision underscored the effectiveness of the defense in raising reasonable doubts about the urinalysis results.
Military law
Retaining Defense Attorney Early Saves Airman From Court Martial Charges
May 17, 2024
OUTCOME: Retaining Defense Attorney Early Saves Airman From Court Martial Charges
An Air Force Senior Master Sergeant was at risk of facing accusations of attempted sexual assault of a minor related to chatting with an undercover agent working as part of the ongoing Okinawa Japan “T...o Catch a Predator” Sting Operation.
While chatting with the undercover, the SMSgt realized that he might be chatting with an undercover law enforcement officer as opposed to the adult female he initially thought he was chatting with.
Upon this incident, the Sergeant quickly retained a noted Article 120 UCMJ sexual assault defense attorney in Okinawa, Tim Bilecki, who took control of the situation and ensured that all communications immediately stopped and that the Sergeant was not arrested or charged.
Military law
Sailor Faces Claims for Inappropriate Recording, Bilecki Clears Charges
May 17, 2024
OUTCOME: Sailor Faces Claims for Inappropriate Recording, Bilecki Clears Charges
A Navy Petty Officer stationed at Whidbey Island was under investigation for the misuse of an electronic device under Article 120 following an incident at a house party. After becoming heavily intoxica...ted, the Sailor had limited recollection of the event, but there was a possibility that inappropriate photos or videos were taken using his phone.
In response to these potential charges, the Sailor retained a noted Article 120 UCMJ sexual misconduct attorney, Tim Bilecki. Bilecki’s team conducted a comprehensive investigation to ascertain the details of the incident and the contents of the electronic device in question. This investigative work was pivotal in preventing the case from advancing to a court martial.
Military law
Bilecki Wins Full Acquittal on Army SPC at Camp Humphreys in Multi-Alleged-Victim Article 80 / 120 / 128 / 128b GCM
May 17, 2024
OUTCOME: Full acquittal across all charges and specifications. No federal conviction, no SORNA, no federal felony.
The government took an Army Specialist to a fully contested general court-martial at Camp Humphreys with three alleged victims and six specifications across four UCMJ articles. The maximum exposure ran... into decades of confinement, mandatory dishonorable discharge, federal sex offender registration on the Article 120, and a federal felony record. The defense had to win the panel without M.R.E. 412.
The defense had moved under M.R.E. 412 to admit evidence of a documented prior consensual sexual relationship between our client and the first alleged victim, on a consent and mistake-of-fact theory. The Military Judge denied the motion. The defense did not get to put the prior relationship in front of the panel.
That meant the case had to be won on cross-examination alone.
Tim Bilecki traveled to Camp Humphreys, Korea for the contested general court-martial. Trial proceeded before an enlisted panel.
The cross of the first alleged victim was the centerpiece. We walked her through the documented post-breakup motive: the boyfriend's confrontation with our client in Seoul and the rumors she had been spreading inside the unit. We walked her through the CCTV record from the barracks, which showed approximately twenty minutes in the room rather than the "an hour or two" she had described. We walked her through the SAFE examination that surfaced no head, neck, or bite-mark injuries and only a thigh bruise that could have come from the prior week's Humvee rollover training. We walked her through the absence of any contemporaneous report and her decision to shower and wash her clothes immediately.
The cross of the second alleged victim walked through her months-long delay in reporting (she did not come forward until August 2022), her own Instagram messages with our client during the alleged window that did not match the assault narrative, and her recorded statement to CID that her only contact with our client in months had been professional.
The cross of the CID Special Agents, three of them across the case file in a documented investigative handoff, surfaced the investigation defects: no phone download, no boyfriend interview, no DNA or clothing collection, and a rejected pretext call. Three agents touched the case. None of them did the work necessary to bring it into a courtroom.
The panel acquitted on every charge and every specification. Article 80 attempt: not guilty. Article 120 aggravated sexual contact: not guilty. All three Article 128 specifications across the two PFCs: not guilty. Article 128b domestic violence: not guilty.
No federal conviction. No federal sex offender registration. No federal felony record. No discharge characterization.
Military law
Drinking with Peers End in Sex Allegations for Coast Guard PO2, Results in AdSep
May 17, 2024
OUTCOME: Following this accusation, the Petty Officer received a notice of administrative separation but was not entitled to an administrative separation board, which is often a critical avenue for defense in such cases.
A Coast Guard Petty Officer Second Class in Hawaii was involved in an incident while drinking with two peers, including a female coworker. The situation escalated when, after jumping into a pool togeth...er, the female coworker accused the Petty Officer of sexual harassment.
Following this accusation, the Petty Officer received a notice of administrative separation but was not entitled to an administrative separation board, which is often a critical avenue for defense in such cases. The Petty Officer retained Bilecki’s law firm legal representation in the matter.
Bilecki’s defense team prepared and submitted detailed rebuttal matters in response to the administrative separation proceedings, aiming to contest the allegations and mitigate the impact on the Petty Officer’s career. Despite the submission of rebuttal matters, the Petty Officer was administratively separated from the Coast Guard with a General Discharge.
