Messages Saved on Intimate Partner’s Phone Save Marine from Sex Assault Charge
Apr 10, 2020
OUTCOME: Before the rescheduled trial date, the prosecution withdrew and dismissed all charges against the Marine Sergeant.
A Marine Sergeant stationed in Okinawa was charged at a general court martial with multiple charges and specifications of assault, strangulation, and sexual assault, based on prior allegations made by ...a former intimate partner.
Okinawa court martial lawyer Tim Bilecki and his law firm were retained for the defense. Following an extensive investigation and preparation, Bilecki’s team traveled to Okinawa, ready to try the case before the panel. The day before the trial, procedural issues emerged from the disclosure of extensive text messages and other electronic discovery from the former partner’s phone, which the defense had previously requested. The need to review and validate the disclosed evidence led to the granting of a continuance.
Before the rescheduled trial date, the prosecution withdrew and dismissed all charges against the Marine Sergeant. Following this, any minor misconduct related to the case was resolved through Non-Judicial Punishment (NJP), effectively concluding the case without proceeding to trial.
Military law
Bilecki’s Firm Stance Averts AdSep for Navy NCO, Sailor Honorably Discharged
Apr 10, 2020
OUTCOME: Despite the end of his active-duty career, the Sailor’s discharge status included a favorable reentry code (RE code) of RE-1, enabling him to join a reserve unit and continue his service in a different capacity.
After a Navy Chief Petty Officer received non-judicial punishment (NJP) for wrongful use of a controlled substance, his command initiated an administrative separation board, aiming to potentially disch...arge him with less than an honorable discharge. Civilian defense counsel Tim Bilecki was retained to represent the Sailor in response to this action. Surprisingly, the command then withdrew the administrative separation board.
The command’s decision to withdraw the administrative separation board came after Bilecki began aggressively preparing for the case, including filing discovery requests and interviewing witnesses, signaling a robust defense effort. The realization that they faced a formidable challenge likely influenced the command’s decision. The withdrawal, while within legal bounds, was a strategic move to avoid the possibility of the board ruling in the Sailor’s favor. By withdrawing the board, the command ensured the Sailor’s separation from the Navy, bypassing a formal hearing process that could have allowed him to contest the separation and potentially retain his position.
This action effectively barred the Sailor from reenlistment as he neared the end of his contract. Given the circumstances, there was little that could be done legally to challenge the command’s decision to deny reenlistment, as these decisions fall outside the purview of what could be contested through the administrative separation process. Consequently, the Sailor received an honorable discharge from the Navy. Despite the end of his active-duty career, the Sailor’s discharge status included a favorable reentry code (RE code) of RE-1, enabling him to join a reserve unit and continue his service in a different capacity.
This situation reflects the complex dynamics and strategic maneuvers often involved in military legal matters, where decisions not only impact the immediate future of service members but also their long-term career opportunities and connection to military service.
Military law
Drinks with Friends End in Sex Assault Case for Marine, Bilecki Clears Charges
Apr 03, 2020
OUTCOME: After days of crushing cross-examinations and a powerful closing argument, the panel deliberated and came back with a verdict of NOT GUILTY of all charges and specifications.
A Marine was out drinking with fellow Marines at a party and later was accused of sexual assault by one of the partygoers. The case revolved around alcohol consumption, the ability to consent, and a mo...tive to fabricate by the alleged victim, who had hooked up with a fellow Marine in her same friend group. After a lengthy investigation by the Naval Criminal Investigative Service (NCIS), charges were preferred against him at a general court martial for sexual assault.
Court martial lawyer Tim Bilecki and his law firm were retained to represent the Marine. Our defense strategy was built on consent and mistake of fact as to consent, tackling the issues of alcohol and the alleged victim’s motive. After days of crushing cross-examinations and a powerful closing argument, the panel deliberated and came back with a verdict of NOT GUILTY of all charges and specifications.
Military law
FULL ACQUITTAL- Not Guilty of All Charges and Specfications
Mar 17, 2020
OUTCOME: NOT GUILTY!
On 17 March 2020, a Soldier stationed in Okinawa learned his then-wife was cheating on him with a fellow service member, an Air Force Technical Sergeant stationed at Kadena Air Force Base. That discove...ry kicked off a nightmare that lead to false allegations of assault, domestic violence, sexual assault, extortion, stalking, and indecent language in an attempt by the ex-wife and her paramour to get the Soldier out of their life.
A trial nearly two years in the making, these allegations were finally exposed by court martial lawyers Tim Bilecki and Ben Gold for the fraud they were in the crucible of cross-examination. After four long days of trial and four hours of deliberation, the panel returned a verdict of not guilty to all charges and their specifications.
Military law
Navy LT Faces 1000-Page Sex Allegations from Three Sailors, Bilecki Defends
Mar 13, 2020
OUTCOME: Navy LT Faces 1000-Page Sex Allegations from Three Sailors, Bilecki Defends
A Navy Lieutenant at Joint Base Pearl Harbor-Hickam faced allegations of sexual harassment from three enlisted Sailors on his boat. They accused him of making multiple sexually charged comments and sol...iciting them for dates.
Confronted with a case file exceeding 1,000 pages, the Lieutenant engaged the services of a recognized Article 120 UCMJ sexual harassment defense attorney, Tim Bilecki, due to the case’s complexity and the skepticism of other lawyers about its winnability.
Bilecki represented the Lieutenant in a highly contested Board of Inquiry (BOI). At the BOI, a key part of the defense strategy was to establish a connection among the three accusers, indicating they were friends with a conceivable motive to fabricate their stories. Additionally, the Lieutenant’s testimony played a crucial role in the proceedings. The BOI concluded with a unanimous decision of no basis for the sexual harassment allegations. This verdict exonerated the Lieutenant, allowing him to continue his distinguished service in the Navy.
Military law
Soldier’s BDSM Roleplay Goes Too Far, Defense Claims Mistake of Fact
Mar 13, 2020
OUTCOME: Soldier’s BDSM Roleplay Goes Too Far, Defense Claims Mistake of Fact
An Army Private First Class stationed at Schofield Barracks was accused of a violent sexual assault after an incident with a woman interested in BDSM, with whom he had an extramarital sexual relationsh...ip. The alleged victim claimed that a role-play fantasy involving a BDSM scene they planned and acted out went too far, leading to allegations of strangulation, physical and sexual assault. During the investigation by the Criminal Investigation Division (CID), law enforcement found Oxandrolone, an illegal steroid and a controlled substance, in his home. The Staff Judge Advocate (SJA) office initially planned to prefer charges at a general court martial encompassing sexual assault and possession of a controlled substance.
Court martial defense attorney Tim Bilecki was retained on the case. Almost immediately, Bilecki’s law firm conducted a digital forensic examination of our client’s cellular phone to obtain a complete history of the text and chat communications between him and the alleged victim. While the alleged victim had denied that any of the sexual acts and role play were consensual or even contemplated, the text messages told a very different story. As it turned out, the two had extensive text and chat fantasy conversations about precisely the kind of sex she later accused him of as rape, which were juicy, to say the least. The texts corroborated the client’s version of events, indicating consent or at least a mistake of fact regarding consent.
Additionally, there were legal concerns regarding the search that uncovered the steroids. Once the government became aware of this evidence, a decision was made to not prefer charges against our client for the sexual assault. This left the drug charges, which were resolved through Non-Judicial Punishment (NJP), resulting in the loss of one rank, 45 days of extra duties, and a suspended fine of $1,000.
This case was just another example of a serious false allegation, the truth of which would never have come to light without the services of a civilian defense counsel with knowledge of digital forensics and the ability to have a digital forensic expert examine the evidence. It is quite possible that had this client not retained us, he could have been convicted and sentenced to decades in prison.
OUTCOME: After presenting this evidence to the prosecution, the sexual assault charges were later dropped.
An outstanding Army Warrant Officer was falsely accused of sexual assault by his spouse after she became jealous of him and accused him of infidelity. Even though there was absolutely no physical or fo...rensic evidence, and the allegation was absurd on its face, the Army Criminal Investigative Division and the prosecution team immediately “believed the victim” and rushed to judgment that our client was guilty of sexual assault.
Almost immediately after court martial lawyer Tim Bilecki was retained, he flew to Korea with a defense investigator and interviewed our client’s wife, who was the alleged “victim.” During the interview, she completely recanted the allegations and stated that they were completely made up to get back at her husband for allegedly cheating.
After presenting this evidence to the prosecution, the sexual assault charges were later dropped.
Military law
DUI Ends with GOMOR for Army 1LT in Okinawa
Mar 06, 2020
OUTCOME: Despite these efforts, the GOMOR was permanently filed.
An Army First Lieutenant stationed in Okinawa was pulled over by military police after driving the wrong way down a one-way road while under the influence of alcohol. Following this incident, the Lieut...enant received a General Officer Memorandum of Reprimand (GOMOR) for the alleged misconduct.
In response, attorney Tim Bilecki was retained to handle the case and draft the rebuttal matters. Bilecki’s team undertook the task of drafting rebuttal matters to contest the GOMOR, but this was a difficult case because of the command’s zero tolerance policy for drinking and driving in Japan, especially given the fact that the officer was stopped after driving the wrong way down a one-way road. Thankfully, nobody was injured, and we presented matters that the officer accepted responsibility, sought alcohol treatment, and had no prior history of misconduct. Despite these efforts, the GOMOR was permanently filed.
Military law
Army SPC Fails Multiple Drug Tests, Bilecki Secures OTH Discharge
Feb 28, 2020
OUTCOME: The approval of the Chapter 10 resulted in the charges being dismissed and our client being released from confinement.
An Army Specialist stationed at Schofield Barracks tested positive on multiple urinalysis tests for controlled substances and controlled substance analogues. He was subsequently charged at a general co...urt martial with multiple specifications of wrongful use of a controlled substance under Article 112a, UCMJ, and violating a general order under Article 92, UCMJ, and placed in pre-trial confinement at the Ford Island Naval Brig in Pearl Harbor.
After being charged, the Soldier retained civilian defense counsel Tim Bilecki and sought a way to quickly exit confinement and avoid a federal conviction if possible. After reviewing the case and acknowledging the challenge of disputing multiple failed urinalysis tests in court, we negotiated with the Staff Judge Advocate (SJA) office and pursued a discharge under Chapter 10 of AR 635-200. This provision allows a Soldier to request discharge in lieu of court-martial. Consequently, all charges and specifications against him were withdrawn and dismissed, leading to his discharge as an E-1 with an other-than-honorable discharge.
The approval of the Chapter 10 resulted in the charges being dismissed and our client being released from confinement. This was a significant outcome for the Soldier, as it secured his immediate release from confinement and enabled him to avoid a federal conviction.
Military law
Unhappy Tinder Date Claims Sex Assault, Bilecki Exonerates Air Force SGT
Feb 21, 2020
OUTCOME: Ultimately, the Convening Authority followed the recommendation of the PHO, and all charges were withdrawn and dismissed.
An Air Force Staff Sergeant met the complaining witness on the Tinder dating application while he was attending an Air Force paramedic course in Tucson, Arizona. At the time, the Staff Sergeant was TDY... to Davis-Monthan Air Force Base (DMAFB), Arizona. The Staff Sergeant and the alleged victim then connected via Facetime just to see one another and talk. Among other things, they discussed rough sex and “trying new things.” The following day, the two went back to the alleged victim’s residence, where they had consensual rough sex. The Staff Sergeant left the following morning without incident.
The next day, the Staff Sergeant joined his classmates out in Tucson at a local bar and everyone Ubered home after drinking. That same evening, the alleged victim attended a party with some of her friends where she claimed to law enforcement to have consumed approximately one shot of “cherry vodka” and “a couple of sips of beer” before calling an Uber to meet up with the Staff Sergeant for a second consecutive night. According to the alleged victim, she met up with the Staff Sergeant; this time, they went back to his room on DMAFB. The alleged victim told investigators that she met with the Staff Sergeant that night with the intent to “hookup.”
Three days later, the alleged victim made an allegation to local law enforcement that she was sexually assaulted by the Air Force Staff Sergeant. The incident was referred to the Air Force Office of Special Investigations (AFOSI).
This is yet another classic example of a completely consensual sexual encounter between two consenting adults who met on a dating site turned into a sexual assault allegation. The Staff Sergeant adamantly denied the allegations to law enforcement, who simply refused to believe him, no matter how absurd the allegations were. After realizing that the AFOSI did not have his back, the Staff Sergeant retained Article 120 UCMJ sexual assault lawyer Tim Bilecki, to represent him.
What followed was an investigation that took over one year for the AFOSI to complete for reasons that are simply beyond comprehension. Nearly a year later, the alleged victim told the Air Force that she no longer wanted to prosecute the case because she would rather “study abroad” in Europe. The government then informed the defense team that it did not intend to prosecute the case. Shortly thereafter, her study abroad program was canceled due to COVID-19, and she then informed the prosecution team that she still “wanted to go forward.”
The Article 32 Hearing Officer agreed with the defense and drafted a report stating that the allegations did not even meet the low standard of probable cause and that the charges should be withdrawn and dismissed. Ultimately, the Convening Authority followed the recommendation of the PHO, and all charges were withdrawn and dismissed.
