Robust Defense Clears Marine of Ex-Girlfriend’s Assault Claims After Breakup
May 10, 2024
OUTCOME: Robust Defense Clears Marine of Ex-Girlfriend’s Assault Claims After Breakup
A Marine Staff Sergeant at MCBH, Hawaii, faced serious allegations from an ex-girlfriend, including sexual assault, aggravated assault, and assault on a child. The allegations, believed to be driven by... jealousy after their breakup, were partially documented on an iPhone.
Tim Bilecki, a noted court martial defense attorney in Hawaii, was retained for the defense, utilizing the iPhone recordings as a pivotal piece of evidence. At the trial, Bilecki embarked on a rigorous defense, strategically utilizing the recordings to counter the allegations and demonstrate inconsistencies in the ex-girlfriend’s claims.
The defense’s approach was multifaceted, combining meticulous cross-examination of the prosecution’s witnesses with a thorough examination of the alleged victim’s testimony. This robust defense highlighted discrepancies and undermined the credibility of the allegations. The defense’s ability to dismantle the prosecution’s case piece by piece played a crucial role in swaying the jury’s opinion. The jury’s deliberation lasted less than three hours, reflecting the effectiveness of the defense’s argument and strategy at trial.
Military law
Airman Targeted by Vigilante Sting Operation, Charges Not Preferred
May 10, 2024
OUTCOME: Again, they just need their convictions to feed the system, and an innocent man makes a good public example just as well as a guilty man.
An innocent man caught in the grips of the military justice system is a terrible thing to behold, and yet, we see it daily. That’s because the military justice system really doesn’t care about his or h...er innocence. An innocent life destroyed is just as useful as a guilty life destroyed when it comes to scaring others into compliance.
Such was almost the case for an Air Force Senior Master Sergeant caught up in a vigilante online child predator sting. What saved the Master Sergeant was his belief in his own innocence and the fact that he reached out to court martial defense attorney Tim Bilecki early in the process. This is key because if military prosecutors got too far down the road without a fight, they may have just steamrolled over the man and absolutely destroyed his life.
The Master Sergeant met an online vigilante sting operation produced by a YouTuber for what he called Gulf Coast Predator Catchers LLC. These sting operations are separate from law enforcement and lack any ounce of credibility or fidelity to due process. Namely, if it gets some YouTube clicks, that’s the whole point. It’s not about saving children or keeping them safe from online predators.
Bilecki Law Group was retained to defend the Master Sergeant after the case was turned over to the command. Again, this was a smart move by the Master Sergeant because Bilecki was able to quickly determine, after filing a notice of representation, that the likelihood of a criminal conviction was extremely low due to the nature of the vigilante operation.
That doesn’t mean the prosecutors were going to make the Master Sergeant aware of that fact. They could have scared, pressured, and assured him of his certain conviction to get him to plead guilty to something. That wasn’t happening once we were retained.
As for this case, the Master Sergeant began chatting with someone he thought was “Lexi” on the MeetMe app. Despite Lexi’s age being clearly listed as 18 when the chats began, the YouTuber changed the age in mid-conversation. This caused great confusion for the Master Sergeant, and yet, confusion was the goal for this YouTuber.
Different sets of pictures were sent of “Lexi” that only added to the confusion. YouTubers like this often play upon that confusion to defame or defraud individuals by making them feel like they are caught. However, as the ages changed, the Master Sergeant made it explicitly clear that he would NOT be meeting up with a 14-year-old girl. That didn’t stop this vigilante operation, and now the Master Sergeant was staring down the loaded barrel of the military justice system.
Not only was Bilecki able to quickly decipher the scenario, but he saw to it that charges were not preferred up on the Master Sergeant. Command originally wanted to file a letter of reprimand, but again, we intervened to ensure that the LOR would not be filed with his permanent record. The Master Sergeant had his security restored and he could continue to serve this nation that he has served so well.
Vigilante sting operations routinely target military service members because they are often young, away from home, and a little naive about the threat. Service members make a great target for these types of scams because when it hits the media, the headlines “Marine Arrested” or “Air Force Master Sergeant Arrested” make for a scandalous story.
If you feel like you’ve been unjustly targeted by such a scam, do not count on military prosecutors to save the day. Again, they just need their convictions to feed the system, and an innocent man makes a good public example just as well as a guilty man. Your only option is to fight like hell and get Bilecki into that fight on your behalf.
Military law
Bilecki Defends Army Captain in AWOL Case, No Charges Preferred
May 10, 2024
OUTCOME: This resolution also prevented the government from preferring court martial charges against him.
Absent Without Leave (AWOL) is perhaps the best-known military crime. The phrase AWOL has worked itself into the modern lexicon and is used to describe everything from lost car keys to TV remotes. Howe...ver, without competent representation, AWOL can be used to unjustly destroy a service member’s life when it doesn’t have to end that way.
Such was the case of a young Army Captain who retained a military defense lawyer, Tim Bilecki, after being accused of AWOL under the UCMJ. As a result of our extensive experience, Bilecki’s defense team was able to work with the client’s command and the Office of the Staff Judge Advocate (SJA) so that the Captain could return to his duty station to be taken off AWOL status.
That last part was essential to secure the best possible outcome for the young officer. Then, through direct negotiations, we were able to secure an outcome that allowed the client to leave the military, which was his desired outcome. This resolution also prevented the government from preferring court martial charges against him.
If you’re keeping score, that’s an officer of the United States Military in whom the military has invested significant resources. The Captain wanted to leave the military, and through skilled negotiations and experience, Bilecki was able to secure that outcome for him without any charges brought upon him by the government. This is possible, and it can be done if you get the right legal representation. Don’t go AWOL just to test, but if this is the scenario you find yourself in and it feels hopeless, reach out to us.
Military law
Bilecki Gets SILT for Marine PFC Facing Cocaine and Sexual Assault Charges
May 10, 2024
OUTCOME: Bilecki Gets SILT for Marine PFC Facing Cocaine and Sexual Assault Charges
A Marine Private First Class at Marine Corps Base Hawaii found himself under investigation for several serious offenses: a failed urinalysis test indicating cocaine use, an allegation of sexual assault..., and breaking restrictions.
The convergence of these allegations posed a significant threat to his military career and freedom. In response to these challenges, the Private First Class retained a Hawaii court martial attorney Tim Bilecki.
Bilecki’s team undertook negotiations to address the multiple allegations in a comprehensive manner. The defense strategy involved arranging a Separation in Lieu of Trial (SILT), a course of action aimed at resolving the various charges in a way that circumvented the potential for more severe punitive outcomes.
Military law
False Allegations of Sexual Assault Cleared for Army Specialist in Korea
May 10, 2024
OUTCOME: Ultimately, no charges were preferred against the Soldier; he was removed from the IFSTE list and allowed to PCS to his new duty assignment and continue serving in the Army.
An Army Specialist was falsely accused of sexual assault by another Army Soldier at Camp Humphreys, Korea. After being informed that he was under criminal investigation, the Soldier retained an Article... 120 UCMJ sexual assault defense attorney, Tim Bilecki.
Mr. Bilecki flew to Korea to investigate the case, interview witnesses and get eyes on the scene of the alleged crime. After conducting this investigation, our office worked with the prosecution team and provided evidence supporting our client’s innocence.
Ultimately, no charges were preferred against the Soldier; he was removed from the IFSTE list and allowed to PCS to his new duty assignment and continue serving in the Army.
Military law
Command Goes After 2LT for Fraternization, Bilecki Ensures GOMOR Filed Locally
May 10, 2024
OUTCOME: Because the military justice system is what it is, a GOMOR was filed, but we were able to ensure it was only filed locally.
Never underestimate the vindictiveness of a lover scorned, and never, ever underestimate the vindictiveness of a command who feels robbed of a conviction under the UCMJ. The General Officer Memorandum ...of Reprimand (GOMOR) has been the go-to tool for a command scorned. Look, if they could have court-martialed you and made a public example out of you, they would have. While the GOMOR might feel like a reprieve from court martial, make no mistake about it — this is a serious affair that will have a major impact on a service member’s career and reputation.
At Bilecki Law Group, we understand the weight of these GOMOR cases and the need for a strong defense. We have experienced attorneys with a deep knowledge of military affairs that can fight for you. Such was the reality for a young 2nd Lieutenant facing a GOMOR for, of all things, COVID restrictions tied to a case of fraternization. A Korean national reported the 2nd Lieutenant and two allegations were made. The first related to COVID restrictions were baseless. The second ones were allegations of fraternization with a Sergeant. While the COVID violations were baseless from the start, the command felt like they had enough to snoop around the charges of fraternization.
The Defense Biometric Identification System (DBIDS) had both our 2LT client and the Sergeant entering Camp Casey at the same time on eight occasions over six months. Military prosecutors wanted to act like they just found Al Capone’s tax records. The reality is that in any court of law, even the biased military justice system, this was not proof of fraternization. Robbed of their public example and court martial, the command decided to go with a damning GOMOR. That’s where we again went to work. The allegations were baseless, and the GOMOR was more an element of saving face than a facilitator of justice. After a thorough investigation, our team presented our findings to the Commanding General, who ultimately agreed.
Because the military justice system is what it is, a GOMOR was filed, but we were able to ensure it was only filed locally. That’s a huge win for a young LT who’s destined to piss off through tactical incompetence more SGTs than he could ever dream of sleeping with. It’s just a fact, LTs, don’t get mad about it. GOMORs are often where careers are won and lost. You simply cannot let a command issue a GOMOR without sufficient evidence. When they do, it’s a sign of a failure of leadership and failed leaders have no right to ruin your career. Here at Bilecki Law Group, we examine the evidence, and we pursue the truth. Nothing less will do. We are beyond thrilled to have given this young officer a second chance at the career he deserves. You deserve the same.
Military law
Bilecki Challenges Child Sexual Assault Charges, Reduces Sentence to 18 Months
May 10, 2024
OUTCOME: With the obvious element of RAD injected into the trial, the SFC only received 18 months of confinement and a dishonorable discharge.
Justice presupposes that the accused will receive an adequate and competent defense. If any individual, guilty or innocent, fails to receive this adequate defense, then you simply cannot call the outco...me just. When an Army Sergeant First Class (SFC) out of Schofield Barracks in Hawaii was charged with four specifications of child sexual assault under Article 120b UCMJ, a noted court martial defense attorney, Tim Bilecki, was called upon to provide such a defense.
The government was prepared to offer the SFC a 10-year minimum sentence in a plea agreement. There was simply far too much evidence the prosecution failed to consider, and trial by court martial was the only reasonable approach to provide a competent defense. On the word of the child and with zero corroborating evidence, the prosecution knew that a trial would ask questions that they would prefer not to answer.
The child in question had previously been diagnosed with Reactive Attachment Disorder (RAD) at the age of 7 after being removed from her mother’s care due to abuse and neglect. RAD is caused by high levels of complex trauma or chronic toxic stress during early childhood development. Children with RAD often exhibit hyper-vigilant behavior and attempt to control their caretakers, sometimes through deceitful and manipulative actions.
This child displayed symptoms of the disorder that manifested itself in promiscuous sexual tendencies, triangulation, fecal play, and violent outbursts. The defense believed the allegations of sexual abuse against the SFC were false and were made by the accuser to control her living situation. The alleged victim had recently moved from Hawaii to Colorado to be with family during the COVID-19 pandemic. She was feeling isolated and alone and wanted to remain in Colorado, where she had friends and family. The prosecution wanted to ignore the alleged victim’s RAD diagnosis when that diagnosis was always front and center.
There was no physical evidence, and the case was built upon the alleged victim’s word and the assumptions of friends and family. Unfortunately, the SFC may have made certain admissions of some guilt during the investigation that would later be used against him. This is a lesson for all on the importance of retaining competent counsel early in the investigation process.
With the obvious element of RAD injected into the trial, the SFC only received 18 months of confinement and a dishonorable discharge. Remember, the plea deal was 10 years minimum. Most important to the SFC was that by going to trial, he was able to retain his rights on appeal. He wanted to clear his name, and trial gave him that opportunity. It was a difficult case to defend, given the nature of the allegations, but justice demanded that Bilecki deliver his best. This is true of any allegation a service member may face, regardless of guilt or innocence.
Military law
Soldier Attacked by Army Paralegal with Made-Up Claims, Bilecki Wins Legal War
May 10, 2024
OUTCOME: That’s a full acquittal for the man who committed the sum of his adult life to the defense of this nation.
Here at Bilecki Law Group, we pride ourselves on our extensive knowledge of the UCMJ and how to wield that knowledge at trial like a weapon. Unfortunately, a young PFC who was a 27D Army paralegal thou...ght that she could do better. She used her knowledge to make a timely false allegation against an Army Master Sergeant that would be to her own benefit. She was about to take everything from him to save herself.
She made allegations of sexual assault, maltreatment, and fraternization against the Master Sergeant. Allegations she only made after the Command Sergeant Major pulled her into his office to ask her about her conduct towards the Master Sergeant.
Our investigation uncovered the truth about her alternative reality. Text messages between the PFC and the MSG revealed a friendly relationship that was at odds with her claims of fear and harassment. Texts the MSG perhaps should not have engaged with, but when someone is texting you nonstop, it is hard to ignore.
As it pertains to the allegation of assault, revisions in her testimony about where he touched her raised serious questions about the reliability of her testimony. There were also inconsistencies in the PFC’s account of the night in question. Questions about her sobriety and other actions which indicated that she was a person experiencing unwanted sexual advances. There was also witness testimony and physical evidence that the prosecution would have loved for us not to track down.
We were ready for war, and though the trial was on the Korean peninsula, Bilecki would travel anywhere in the world for a good fight. After a five-day slugfest of a trial, this Master Sergeant emerged not guilty. That’s a full acquittal for the man who committed the sum of his adult life to the defense of this nation.
Military law
Marine Cleared of False Sexual Assault Charges Before Trial
May 10, 2024
OUTCOME: Thanks to our efforts, the charges were dropped before they ever reached the preferral stage.
As it goes in the Marine Corps, some Marines hit gold and have the opportunity to be stationed at Kaneohe Bay, Hawaii. Other Marines draw the short end of the stick and wind up somewhere like 29 Palms,... California. However, this is the case of a Hawaii-based Marine who would have gladly traded the paradise assignment for the stumps of 29 Palms if he could have avoided the nightmare charges ahead.
This Marine was facing charges of sexual assault under Article 120 of the UCMJ, and they were patently false. So much so that even military investigators could have discovered that fact if they were in the least trying to discover any percentage of truth. Yet, the train had left the station, and this Marine was about to have his life ruined over a lie.
Once the Marine retained a court martial attorney, Tim Bilecki, the defense team went to work. We conducted our own thorough investigation and spared no effort in gathering evidence. We left no stone unturned and interviewed witnesses that the military investigators would have rather us never met. We poured over the accuser’s testimony, looking for the truth.
Our extensive work paid off as we were able to uncover the inconsistencies and contradictions in the accuser’s testimony that the investigators didn’t bother to pick up. Thanks to our efforts, the charges were dropped before they ever reached the preferral stage.
The team at Bilecki Law Group has extensive experience within the military justice system and are military veterans ourselves. We know what service members are up against, and without experienced counsel by his side, this Marine could have faced the embarrassment and heartache of being dragged into a court martial while fully knowing that he was innocent.
Now, this Marine gets to carry on serving his country with the same pride he felt when he first stepped on the yellow footprints and eventually earned the title of United States Marine.
Military law
Bilecki Rebuts Charges Against Army LT for Using Racial Epithet
May 10, 2024
OUTCOME: Bilecki Rebuts Charges Against Army LT for Using Racial Epithet
An Army Lieutenant stationed in Okinawa faced an allegation under Article 133 of the UCMJ for using a racial epithet towards a local national security officer at Kadena Air Base, resulting in the withh...olding of his promotion. Civilian defense counsel Tim Bilecki represented the Lieutenant and crafted and submitted a Promotion Review Board rebuttal.
The rebuttal directly contested the allegation, highlighting the Lieutenant’s adherence to military standards and professional conduct. The rebuttal was successful, clearing the Lieutenant’s name and restoring his path to promotion, emphasizing his commitment to the values and duties of military service.
