Pearl Harbor, Hawaii: E-6 – October 2010
Charges: Aggravated Sexual Contact with a Child
Maximum Sentence: DD, 20 years in confinement, total forfeiture, reduction to E-1, Federal felony convicti...on, sex offender registration
The client, a Sailor, discovered that he was being investigated for aggravated sexual contact with a child, upon which discovery he immediately contacted and retained The Bilecki Law Group. While the Sailor’s wife was deployed, he was having an affair with his neighbor (whose husband was also deployed). During their affair, our client allegedly touched his lover’s child inappropriately. As we do in every case involving a sexual allegation, we investigated to get an answer to “why.” We discovered that this allegation was likely a fabrication brought about by our client’s lover after her deployed husband began to grow suspicious about her relationship with our client. When the “victim’s” story started to fall apart and the inconsistencies mounted, we brought our case to the prosecutors. After we dismantled the alleged victim’s story and her mother’s credibility, no charges were preferred against our client.
Military law
United States v. E-5
N/A
OUTCOME: No Charges Preferred
Osan AFB, Korea: E-5 – October 2010
Charges: Introduction of Controlled Substance onto Military Installation, Possession of a Controlled Substance
Maximum Sentence: DD, 20 years and 6 months in c...onfinement, total forfeiture, reduction to E-1, Federal felony drug conviction
An Airman was apprehended by security guards at the gate, allegedly attempting to bring narcotics onto the Airbase. Based on that arrest, her quarters were searched, which turned up more narcotics which law enforcement claimed were packaged for distribution. Once we were retained, we worked with the prosecutor and kept all charges from being preferred against our client, resolving the matter at an Article 15.
Military law
United States v. E-5
N/A
OUTCOME: Confinement Cap of 6 Months
Pearl Harbor, Hawaii: E-5 – September 2010
Charges: Assault with Intent to Inflict Grievous Bodily Harm, Assault Consummated by Battery x2, Communicating a Threat x2
Maximum Sentence: DD, 15 year...s and 6 months in confinement, total forfeiture, reduction to E-1, Federal felony conviction
The client was initially accused of trying to kill his pregnant girlfriend over a dispute involving another female. When The Bilecki Law Group was first contacted, before charges were preferred, this case was set to be charged as an attempted murder. By working with the prosecutors, we averted the attempted murder charges, and only charges of Assault with GBH (among others) were preferred. We then demanded a fully contested jury trial. Not long before the trial was to begin, the government offered the defense a very attractive pre-trial agreement that significantly limited the client’s confinement exposure, and we managed to cap his confinement at 6 months.
Military law
United States v. E-6
N/A
OUTCOME: Charges not preferred
Charges: Larceny (OHA fraud), Dereliction of Duty
A retirement-eligible Sailor was charged with using fraudulent lease documents from the Philippines to establish the idea that his family was livi...ng in significantly more expensive housing in Manila than they were actually living in. With his retirement on the line and potentially facing a court-martial, the Sailor turned to Mr. Bilecki to defend him. Our initial investigation revealed that the OHA (Overseas Housing Allowance) discrepancies were discovered by an NCIS audit of service members claiming OHA in the Philippines; however, our client was not provided any documentation of the investigation (charges had not yet been preferred). We used our extensive contacts in the Philippines to obtain a full copy of the law enforcement investigation in this case and then launched our own independent investigation into the allegations. Having done numerous criminal investigations in the Philippines, we were familiar with the culture, the typical manner in which fraudulent documents are procured, and the manner in which NCIS-Philippines investigates these types of cases.
Based on our investigation, we knew that these charges would be nearly impossible for the government to prove without obtaining visas for a significant number of Filipino witnesses to testify in the States, which is a nearly impossible task. We also knew that the government’s only other option would be to attempt to take depositions of the Filipino witnesses at the US Embassy in Manila. Having previously gone down that road on other, we knew just how difficult of a task that would be for the government. We leveraged the information we learned from our independent investigation and educated the prosecutors on how difficult this case would be to prove at trial. The prosecution relented to our position, and no court-martial charges were preferred against our client.
Military law
Untied States v. E-6
N/A
OUTCOME: Charges Not Preferred
The client learned that he was facing an investigation for receiving steroids in the mail, immediately after which we were contacted and retained. Our goal was to investigate the case and keep charges... from being preferred against this retirement-eligible Airman. We worked with the client and the prosecutors for nearly four months, until we were able to ensure that no charges were preferred against our client and no administrative action was taken.
Military law
United States v. E-6
N/A
OUTCOME: NOT GUILTY
Camp Zama, Japan, E-6 – April 2010
Charges: Rape, Wrongful Sexual Contact, False Official Statement
Maximum Sentence: DD, life in confinement, total forfeiture, reduction to E-1, Federal felony c...onviction, mandatory sex offender registration
In a hard fought week-long trial that hinged on complex DNA evidence, this case proved to be another victory for us and huge loss for the Army in their continued “war on sexual assault.”
The client, a well respected Staff Sergeant, was charged with violently raping a female Soldier after drinking with her at a local on-post bar; he was also charged with unlawful sexual contact for an encounter he had with a female two years prior (for which he had already received an Article 15) and entering a false official statement for denying that he committed any wrongful sexual conduct.
During the Article 32 examination, the defense hammered both the alleged victims and revealed holes riddling both of their stories. We also chastised the government and thoroughly questioned law enforcement, demanding an explanation as to why the DNA evidence collected was never sent to the forensic lab for analysis. We received no explanation for the failure to test the DNA. After the Article 32 hearing, the Investigating Officer recommended that the first sexual assault charge be dismissed and that only the second rape charge go forward. As is typical given the government’s war on sexual assault, the Investigating Officer’s recommendations were summarily ignored and all charges and specifications were referred to trial.
Immediately after the Article 32 Investigation, the defense demanded that the government appoint Mr. Dean Wideman (one of the leading DNA forensic examiners in the country) to the defense team and that the DNA be preserved so that the defense could conduct independent testing, specifically for amylase. The government, trying to stack the deck, denied all requests for an independent DNA expert but instead sent the DNA evidence to the US Army forensic lab for testing.
The defense made a motion to the military judge to compel the government to provide Mr. Wideman as a defense DNA expert, which was ultimately granted. That notwithstanding, the government still refused to provide the defense with the critical DNA evidence until a judge ordered it’s production – one week before trial. With new evidence coming to light on such short notice, the defense worked around the clock with Mr. Wideman and discovered that the government did not test all the DNA and that the testing that had been conducted was not comprehensive. It turned out that specific testing could have been performed to exonerate our client, but the government refused to do it. At trial, this failure was exposed to the panel members during a lengthy cross-examination of the government’s DNA expert, who conceded to the defense’s theory of the case given the forensic evidence. In addition, the defense hammered away at the alleged victims and exposed the weaknesses in the government case. After a week of trial, the Client was found not guilty of the rape charges, not guilty of the false official statement and received no punishment.
Military law
United States v. E-3
N/A
OUTCOME: Spice Order declared unlawful - Charges Dismissed
Torii Station, Okinawa Japan, E-3 – February 2010
Charges: Possession & Distribution of Spice, False Official Statement, Adultery
Maximum Punishment: DD, 36 years confinement, total forfeiture, ...reduction to E-1, Federal felony conviction, sex offender registration, loss of retirement
In perhaps the biggest victory yet in our war against the prosecution of “Spice,” we won a motion that declared the Army Order prohibiting Spice on Okinawa unlawful. After winning a suppression motion that effectively declared the order unlawful, all charges were dismissed and withdrawn by the government.
In another high profile case that gained media attention in Japan, our client was charged with violating a lawful general order that prohibits the use, possession, sale and distribution of Spice. While conducting a “joint suppression task force operation” at the Ryukyu body piercing shop in Okinawa, multiple Japanese law enforcement agencies (NCIS, OSI, CID) apprehended service members who purchased Spice at the shop. Law enforcement agents obtained our client’s name from the arrested individuals and suspected him of being one of the main Spice dealers in Okinawa, Japan. A subsequent (and questionably lawful) search of the Soldier’s room revealed that he not only possessed a tremendous amount of Spice packaged for individual distribution, but also that he was having sex with the 16-year-old daughter of an Air Force E-8. The client was arrested and later “confessed” to purchasing, possessing, and selling Spice to members of all services on Okinawa. The client also confessed to taking sexual pictures of his girlfriend. He was charged with multiple specifications of violating the general order prohibiting Spice, adultery, possession of a knife in violation of a USARJ regulation, and making a false official statement (regarding his knowledge of the female’s age). While considered by law enforcement, he was not charged with child pornography.
In a case with what seemed to be overwhelming evidence, we refused to plead guilty and took the case to trial. During cross-examination at the suppression motion, one of the US Army CID Agents actually admitted that he had altered our client’s consent to search his barracks room after the client had signed it. The alteration expanded the scope of the search. This Special Agent then also admitted that he advised the client that he was suspected of crimes that he, in fact, was not suspected of. This underscores our claim that the majority of military law enforcement cannot be trusted and will go to any length (including breaking the law) to try to close a case. Amazingly, this allegation of misconduct on the Special Agent’s part was reported to his supervisors in CID, who did not take any punitive action against him.
Based on our exposure of the unlawful and illegal actions by law enforcement, the military judge suppressed our client’s full confession. In addition, the military judge also granted the motion declaring the Spice order illegal. Subsequently, the government dismissed all charges and specifications regarding Spice and withdrew all remaining charges. Days after the dismissal, the command promulgated a new order prohibiting Spice which we still feel is unlawful.
Military law
United States v. E-1
N/A
OUTCOME: Charges Dismissed due to Speedy Trial Motion
Charges: Aggravated Assault, Communicating a Threat, Violation of General Order
Maximum Sentence: DD, 23 years confinement, total forfeiture, reduction to E-1, Federal felony conviction
A Camp C...asey, Korea, Soldier was charged with numerous assaults against a female Soldier in his company after allegedly assaulting her while intoxicated. He allegedly threatened to kill her and put a knife to her throat. He was given a No Contact order. After the case was referred to GCM, but before trial, the accused was involved in another alcohol-related assault of the same female Soldier.
The Soldier was placed in pre-trial confinement. The government unsuccessfully attempted to leverage our client’s additional misconduct and pre-trial confinement against us so that we would enter a guilty plea and not take the case to trial. We refused to plead guilty and the government immediately re-preferred charges.
Along with Trial Defense Attorney CPT Samuel Kim, the defense made a demand for speedy trial to the Convening Authority. Another Article 32 investigation was held after two weeks that included the additional alleged misconduct. It took the government seven weeks from the time the Article 32 investigation was completed until referral of charges, even though we demanded a speedy trial (a request we later found out was never sent to the CG) and our client was in pre-trial confinement. By the time the case was referred, the client had been in pre-trial confinement for over 15 weeks and the government was still trying to leverage a guilty plea.
Instead of pleading guilty we fought and again made a demand for a speedy trial directly to the military judge under Article 10 of the UCMJ. At the motion’s hearing, the defense exposed the government’s attempts to leverage pre-trial confinement into a guilty plea as well as their unexplained inaction with moving the case to trial. The military judge granted the speedy trial motion and dismissed all charges with prejudice because of the unreasonable delay.
Military law
United States v. E-6
N/A
OUTCOME: Charges Dismissed
Camp Casey, Korea / E-6, July 2010
Charges: Sexual Assault, False Official Statement (multiple specifications)
Maximum Sentence: DD, 55 years confinement, total forfeiture, reduction to E-1, Fede...ral felony conviction, sex offender registration
In a complex case dating back nearly a decade and involving numerous promotion boards in both the Active and Reserve component, the government charged our client with forging multiple promotion documents and multiple false official statements. Our client was also charged with illegally subletting his off-post Korea apartment then sexually assaulting the Korean national female tenant renting there. The government was hell bent on seeing that our client was prosecuted and served jail time. With equal conviction, we demanded a fully contested trial and would not accept any alternate resolution that included a Federal conviction, jail time, or any sex offender registration. By doing our own due diligence, using tough negotiation, and continuously threatening a fully contested trial, we were able to work out a deal so that all charges and specifications were dropped and the client was administratively discharged via a Chapter 10. The client served no jail time, received no Federal conviction, and will not have to register as a sex offender.
