OUTCOME: Despite the governments and law-enforcement best efforts, our client was acquitted of all charges and specifications at trial.
Our client was a combat veteran who was falsely accused by three separate individuals of alleged sexual contact while deployed to Afghanistan. The odds seemed overwhelming, especially when they were th...ree separate female Soldiers who accused our client of seemingly identical alleged assaults.
CID tried everything, except to actually look for the truth. In this case, they interrogated our client for nearly 10 hours but finally gave up when they couldn’t get what they were looking for.
Bilecki Law Group worked directly with Kiamalu Investigations to uncover why the allegations were being made. At trial, Mr. Bilecki devastated the alleged victims’ story through hardnosed cross-examination which exposed that the accusers were friends, had a motive to take out our client and essentially made the allegations against our client before he reported their own significant misconduct.
Despite the governments and law-enforcement best efforts, our client was acquitted of all charges and specifications at trial.
Military law
Ex-Girlfriend Accuses Army E-4 of Sexual Assault, Bilecki Exposes Lie
Sep 27, 2013
OUTCOME: This was more than enough for the jury, who acquitted our client of all the charges and specifications.
An Army E-4 stationed at Schofield Barracks was facing charges of sexual assault, forcible sodomy, and simple assault by an ex-girlfriend. The government spared no expense to see him convicted, putting... three prosecutors on the case, one of whom was a Special Victim’s Prosecutor and “highly qualified expert,” to bolster the prosecution’s team.
Our client was initially defended by military defense lawyers from the JAG Corp. But they quickly folded under pressure from the government’s overwhelming resources. They suggested to our client that he take the first plea deal offered, which would have resulted in a federal conviction, jail time and dishonorable discharge.
Not willing to accept such a raw deal, the accused hired our law firm to fight for his rights. We immediately requested a subpoena of exculpatory Facebook messages, a routine procedure that the government denied. Undeterred, we fought the government until Facebook messages were allowed into evidence. These messages told a story of a spurned lover who refused to accept that our client was unwilling to take the relationship “to the next level.”
The relationship ended, but not before our client’s ex-girlfriend begged him to have sex with her “one last time.” Our client rebuffed her requests. Soon afterward, allegations of rape were made against him. She claimed that on one occasion, our client’s alcoholism caused her to fear for her life and freeze up during sex, making it impossible for her to consent.
Despite the fact that the government had all of those facts and even knew what the Facebook messages said, they went forward with prosecuting the case, going so far as to hire a clinical psychologist to testify at trial. We managed to get the prosecution’s own psychologist to assist the defense, who folded under cross-examination and finally confessed that she did not use “common sense” to figure out whether the alleged victim’s story was true.
Additionally, we played the entirety of the “confession” to the members because the government only showed a portion of it and wanted to cherry-pick what the jury could or could not see. This was more than enough for the jury, who acquitted our client of all the charges and specifications.
Military law
Army SGT Affair Leads to Rape Allegations, Bilecki Secures Chapter 10
Sep 06, 2013
OUTCOME: All charges were dismissed, and the client did not have to face trial.
An Army Sergeant was accused of sexual assault after having consensual sex with another Soldier after a night of drinking at “the ville.”
On a Friday night, the Sergeant went drinking with his buddi...es and met up with another female Soldier from his unit. They drank alcoholic beverages throughout the night at various bars and went to a barracks room post-curfew after-party. At the party, the alleged victim continued drinking and was making out with another female Soldier in front of the accused. As the party wound down, the Sergeant, the alleged victim and the girl she was making out with all left together and went back to the alleged victim’s barracks room.
In the barracks room, the Sergeant and the alleged victim were sitting in bed together, and she was flirting with him. The other female that the alleged victim had been kissing earlier noticed this and decided to leave the two of them together. She turned out the light and left the room.
After the Sergeant and the alleged victim were left alone in the room, they began kissing, and she helped take off her jeans and panties. The two had fully consensual sexual intercourse. After the sex, the accused left the room.
Nearly six months later, when the alleged victim was being counseled for her poor duty performance and learned that she could be chaptered out of the Army, she reported the alleged rape. During the counseling session, she began crying and stated that her poor performance was due to the alleged sexual assault six months earlier.
After allegations were made, the Sergeant retained Tim Bilecki, a recognized Article 120 UCMJ sexual assault attorney in Korea who investigated the case. At the Article 32 hearing, the alleged victim admitted that she kissed our client while in bed, that she helped him take off her clothes and that she understood how he could have gotten the impression that she wanted to have sex with him. Even with that testimony, the government marched onward and referred the charges to trial.
One month prior to trial, the defense submitted a Chapter 10 Request for Discharge in Lieu of Trial since there were concerns that the client could still get convicted of adultery because of his married status and also convicted of false official statement. Mr. Bilecki prepared for jury selection and the exoneration of his client and traveled thousands of miles to Korea for the trial. One day before the trial, the government waived the white flag and approved the Chapter 10. All charges were dismissed, and the client did not have to face trial. He will be administratively separated from the Army.
Military law
Army 1SG Accused of Assaulting Fraternizing Female 1LT and PFC Gets Acquittal
Aug 30, 2013
OUTCOME: Bilecki had the defendant take the stand in his own defense and he was fully acquitted by the jury.
A male Company First Sergeant was accused of punching his female 1LT Platoon leader and slapping another female PFC while drinking at an on-post bar at Camp Stanley, Korea.
After Tim Bilecki was ret...ained as an Article 128 UCMJ military assault lawyer to defend this case and began his investigation, it became apparent that the story of what actually occurred at the bar that evening was substantially at odds with what the two females alleged. The investigation revealed that the female Lieutenant and the female PFC who were allegedly punched and slapped were, in fact, fraternizing with each other prior to the alleged assault. The defense further revealed that the other seemingly unbiased witness to the assault, another female E-6, also had an improper relationship with the two females in the bar.
It turned out that the government’s three seemingly unrelated witnesses were actually all close friends, and all had an improper relationship with each other. Also, even though the Company First Sergeant was accused of punching a female Lieutenant and slapping a PFC in the middle of a bar full of Soldiers, no one at the bar saw the incident.
At trial, the defense highlighted the fact that, of the 30-plus known Soldiers at the bar, the only witnesses were the three females, all of whom were in improper relationships with each other. In addition, the defense also showed that the bar was extremely crowded that evening, and the accused got bumped into by one of the two Soldiers alleging assault and responded by pushing off to clear the space and may have made inadvertent contact with one of the alleged victims. The allegations by the accused grew from that point.
Bilecki had the defendant take the stand in his own defense and he was fully acquitted by the jury.
Military law
Bilecki Exonerates Seaman Facing Charges for Spice Use and Possession
Aug 30, 2013
OUTCOME: Bilecki worked the case, and after several months of investigation by both the government and the defense, the government elected not to bring charges.
A Sailor stationed in Guam learned he was under investigation for the use and possession of Spice. Upon knowing this, the Sailor immediately retained the services of an Article 112a UCMJ military drug ...lawyer, Tim Bilecki, to intervene with the goal of keeping the government from preferring charges against him.
Mr. Bilecki worked the case, and after several months of investigation by both the government and the defense, the government elected not to bring charges.
Military law
E-8 Retains Bilecki After Admitting Sexual Assault to CID, Sentence Reduced
Aug 30, 2013
OUTCOME: Bilecki presented a compelling sentencing case, and the jury ultimately sentenced our client to six years of confinement and a dishonorable discharge.
A Soldier was charged with a sexual assault that occurred in Iraq several years prior and was brought to light after the alleged victim changed her report from unrestricted to restricted.
Believing ...it was in his best interest, and without the benefit of legal counsel, the E-8 submitted to a law enforcement interrogation where, for hours, he maintained his innocence. Not accepting his story and assuming he was lying, CID offered the Soldier a polygraph. The accused Soldier took the polygraph test, and while the results were inconclusive, CID blatantly lied to the Soldier, saying he failed the polygraph.
After six hours of interrogation and being told over and over that his situation was hopeless because “machines don’t lie,” the Soldier admitted to the alleged sexual assault. Following the admission, CID closed the case, and the accused Soldier was prosecuted.
The accused Soldier retained a court martial defense attorney, Tim Bilecki, after the Article 32 hearing and faced an uphill battle, given his admission to CID. At trial, the defense attempted to show that the alleged victim was utilizing the court martial system in order to substantiate her retirement medical benefits for a military rape trauma syndrome. The defense attacked the case from every angle, but the panel could not get over the Soldier’s admission to CID and ultimately convicted him.
The defense alleged that, during the trial, the prosecution failed to turn over exculpatory evidence other Brady violation issues. That notwithstanding, this case sets an example of why service members need to be suspect of law enforcement when they are facing allegations of sexual assault and to contact a qualified attorney at the earliest possible opportunity. Speaking to law enforcement without the benefit of an attorney can have dreadful consequences.
At sentencing, the government asked the jury to confine the accused for 15 years. Bilecki presented a compelling sentencing case, and the jury ultimately sentenced our client to six years of confinement and a dishonorable discharge.
Military law
Soldier Has Sex with 15-Year Old Friend’s Daughter, Acquitted on Mistake on Fact
Aug 30, 2013
OUTCOME: After nearly a week of trial, the panel found our client not guilty of all charges and specifications.
An Army Specialist was charged with sexual assault of a minor after he hooked up with his friend’s 15-year-old daughter at a redeployment party. This was a case that, initially, looked nearly impossibl...e to win.
In cases involving a minor, which the UCMJ defines as someone under the age of 16, neither consent nor mistake of fact as to consent are defenses. Under the law, if you are under 16 years of age, you cannot legally consent to having sexual intercourse with an adult. Here, the defense focused directly on the defense of ‘mistake of fact as to age,’ as opposed to ‘mistake of fact as to consent.’
At trial, Tim Bilecki, a noted military defense attorney for UCMJ Article 120 sexual assault cases in Hawaii, showed the panel that the alleged victim, who was an active and willing participant in the sex, appeared much older than 15 years of age; she dressed as an adult, was at a party full of adults, was pouring alcohol for adults and held herself out to be over the age of 16. In addition, Mr. Bilecki brought to light that the alleged victim’s parents never discussed their daughter with our client and never introduced her as such.
While the jury probably disliked that a twenty-something-year-old had sex with a 15-year-old dependent of a Soldier, the law clearly states that if the accused has a reasonable mistake of fact as to her age – that he believed she was 16 or older – he cannot be found guilty of statutory rape. After nearly a week of trial, the panel found our client not guilty of all charges and specifications.
Military law
Marines Faces Multiple Sexual Assault and Porn Charges, Bilecki Defends
Aug 16, 2013
OUTCOME: After a difficult trial against a mountain of evidence, the Lance Corporal was found not guilty on most of the most serious charges, including the child sexual assault, one of the sexual assaults, and the threats.
A Marine Lance Corporal was accused of sexually assaulting his stepdaughter, making over 37 hours of sex videos without the other participants’ consent, sexually assaulting two females, using drugs, an...d making threats to the alleged sexual assault victims.
In an incredibly complicated case where all of the evidence seemed insurmountable, Tim Bilecki, an established Article 120 UCMJ sexual assault defense attorney, and his team of investigators and military defense counsel took the case head-on and battled the government relentlessly.
After a difficult trial against a mountain of evidence, the Lance Corporal was found not guilty on most of the most serious charges, including the child sexual assault, one of the sexual assaults, and the threats.
The accused received a conviction for the production of the videos, one specification of forcible sodomy, which was documented on video, and he pled guilty to the drug charges. The government originally sought 20 years of confinement and a dishonorable discharge, but the Marine was sentenced to only 24-month confinement and a bad conduct discharge.
Military law
Army O-3 Prosecuted for Patronizing Filipina Prostitutes, Honorably Discharged
Jul 05, 2013
OUTCOME: At the conclusion of the board, all allegations but one were unsubstantiated, and the officer received an Honorable Discharge.
A Company Commander in Korea’s Area I was investigated for fraternization, adultery, patronage of prostitutes in the Philippines and in “the ville,” violating local policy by having an off-post residen...ce and conduct unbecoming an officer.
The accused retained Tim Bilecki, a recognized court martial attorney in Korea, early in this case during the initial AR 15-6 Investigation. After the initial probe into the matter, Bilecki conducted an extensive investigation and learned that nearly all of the allegations stemmed from three young Lieutenants who had an axe to grind with their company commander.
Based on its investigation, Mr. Bilecki drafted a lengthy AR 15-6 rebuttal. Both the AR 15-6 investigation and the rebuttal were submitted to the Commanding General. The Commanding General elected not to bring criminal charges against the accused for the numerous offenses but instead gave him a General Officer Article 15 for some, but not all, of the allegations against him.
Undaunted, the defense team further investigated the case and drafted a lengthy rebuttal memorandum with supporting evidence to the General Officer Article 15. The CG conducted Article 15 over a period of two days and, at the conclusion of the hearing, withdrew Article 15 in its entirety and instead gave the Captain a General Officer Letter of Reprimand.
Mr. Bilecki continued the fight and drafted rebuttal matters to the GOMOR. After the GOMOR, elimination actions were initiated, and the defendant went through an Officer Board of Inquiry. Tim Bilecki traveled to Korea to defend his client, who still faced an Other Than Honorable Discharge. Bilecki treated the hearing as if it were a trial, taking testimony over a three-day period. At the conclusion of the board, all allegations but one were unsubstantiated, and the officer received an Honorable Discharge.
Military law
Alleged Victim Turns the Real Perpetrator in Male-on-Male Assault
Jun 14, 2013
OUTCOME: The military jury saw right through the government’s case and acquitted Mr.
This case represents a prime example of how Judge Advocates, Commanders and Convening Authorities often lack the backbone to challenge bogus claims of sexual assault and refuse to prosecute baseless al...legations.
This case began with a patently false allegation. The alleged victim falsely alleged that the Sergeant had sexually assaulted him, and as a result, he became the unwilling recipient of gay anal sex. After the charges were preferred, the accused Sergeant retained Tim Bilecki, a recognized Article 120 UCMJ sexual assault lawyer, to defend him.
After charges were preferred and evidence collected, DNA was gathered and sent to the lab for testing. The lab results were astounding – the alleged victim’s semen was found in the accused anus.
The surprising DNA lab results proved that it was actually the “victim” that was the aggressor, rather someone who was drunk, passed out and had anal sex forced upon him by another man. The DNA results made it clear the “victim” had sodomized the Sergeant, who was likely the one who was drunk and victimized.
Despite the overwhelming forensic evidence that destroyed the government’s case, the “victim’s” credibility and the integrity of the government’s charging decision, the prosecutors marched blindly forward and took the case to trial.
The government denied Bilecki’s request for a defense DNA expert, even though they flew their own expert out to the trial from Georgia to try to explain the findings. Fortunately, our client had the financial resources to retain one of the nation’s leading DNA experts to assist the defense and confirm the findings.
However, instead of accepting the fact that our client was falsely accused and wrongfully charged, the prosecution changed their case theory. They now claimed that:
- The “victim” was straight, notwithstanding that he and the accused were watching gay porn together in the barracks room moments before the sex occurred.
- The alleged victim passed out on our client’s bed, drunk from consuming three beers.
- Our client was able to take off the “victim’s” pants and underwear, masturbate the alleged victim until he obtained an erection, and then place the alleged victim’s erect penis into his anus without waking the alleged victim.
- Then, remarkably, the prosecution claimed that the accused was able to continue anal sex from the above position until the alleged victim ejaculated into the accused anus, which woke the alleged victim from his three-beer drunken stupor.
The case was so ridiculous it wouldn’t pass the laugh test, but the government still went forward to trial with their theory, thinking or hoping that it would explain how the alleged victim’s semen was found in the accused’s anus.
Despite this incredulous madness, the defense was steadfast in its investigation of the “victim” and obtained forensic data from the alleged victim’s cellular phone, including quite a bit of homosexual pictures. The call record showed that he was making phone calls and texting the entire night, even after the time he claimed he was passed out drunk from three beers.
Mr. Bilecki, relentless throughout the trial, exposed both the alleged victim as a liar and the government as biased abusers of the accused’s constitutional rights for taking a case to trial that should have never seen the inside of a courtroom. The military jury saw right through the government’s case and acquitted Mr. Bilecki’s client of all charges and specifications.
