Bilecki’s Advocacy Secures Lenient Sentence for E-4 Charged with Disrespect
Mar 16, 2012
OUTCOME: The Specialist was ultimately sentenced to a reduction to E-1 and 30 days confinement, a decision that allowed for the possibility of rehabilitation and continued military service.
Facts:
An Army Specialist at Schofield Barracks faced charges for severe misconduct, including blatant disrespect to a senior officer and repeatedly failing to obey direct orders. The situation was ...aggravated by its occurrence in a high-stress operational setting, which was alleged to have undermined unit discipline and cohesion. Attorney Tim Bilecki was retained to manage the case. His strategic defense highlighted the Specialist’s otherwise commendable service record and the context of the incidents. Bilecki’s effective legal advocacy was instrumental in keeping the case at a Summary Court Martial level, which significantly influenced the sentencing outcome. The Specialist was ultimately sentenced to a reduction to E-1 and 30 days confinement, a decision that allowed for the possibility of rehabilitation and continued military service.
Military law
Army O-5 Charged with Oxycodone, Bilecki Intervenes, Gets Charges Dropped
Mar 16, 2012
OUTCOME: Ultimately, this led to a favorable outcome where all criminal charges were dropped following the Article 32 hearing, in exchange for the Officer’s resignation from service.
An Army Lieutenant Colonel at TAMC was accused of fraudulently obtaining approximately 1000 Oxycodone pills and wrongful possession of the same. The case presented complex and ambiguous circumstances, ...with the intersecting dynamics of professional medical practice and controlled substance regulation. Court martial attorney Tim Bilecki was brought in to handle the case. With a nuanced understanding of the legal and medical aspects involved, Bilecki effectively navigated the legal process. His intervention was pivotal in articulating the ambiguities and mitigating factors in the case. Ultimately, this led to a favorable outcome where all criminal charges were dropped following the Article 32 hearing, in exchange for the Officer’s resignation from service.
Military law
Sailor Confesses to Child Pornography, Gets 12-Month Sentence in Plea Deal
Mar 16, 2012
OUTCOME: 12 month plea agreement negotiated on "courthouse steps."
A Navy Petty Officer stationed at Pearl Harbor, Hawaii was charged with possession of child pornography on his computer while he was underway on a submarine.
Another Sailor who was sharing a room with... the Petty Officer during a liberty call found child pornography on the Petty Officer’s computer. After the pornography was discovered, his computers were seized and sent off for forensic examination by the Defense Computer Forensic Labs (DCFL), a process that took almost half a year.
After nearly a year of investigation on the part of the government, the Petty Officer was charged with multiple specifications of possession of child pornography. Tim Bilecki, an Article 134 UCMJ child pornography defense lawyer, was retained as civilian defense counsel. In order to stack the deck against the accused, the government demanded an immediate Article 32 hearing so that the defense would not have time to prepare ,even though the government had been investigating the case for nearly a year.
Bilecki requested a computer forensic expert be appointed to the defense team so the defense could review the evidence in the case. The government denied that request. The government also refused to allow the defense access to the evidence because it included contraband, even though the government permitted itself to send the evidence to anyone it felt could help win its case.
Even without access to all the evidence and a defense computer expert, we fought the charges at the Article 32. The defense began building a case to show that our client was not the individual who actually put the child pornography on the computer and that his multi-hour recorded confession was coerced and not corroborated by the evidence.
The government referred the charges to a general court martial after the Article 32 hearing and continued to deny the defense access to the evidence in the case. Court martial defense attorney Tim Bilecki fought back and was able to have a digital forensic examiner appointed to the defense team.
While the government still refused to send the evidence directly to our expert, we were able to have our expert allowed to review it at a nearby CID office. We fought this case for months and were relentless in our determination to take this case to trial, regardless of the multi-hour confession by the accused.
Literally, on the day before trial, because of the pressure we put on the government, we were offered a favorable plea agreement; the government agreed to limit our client's confinement to only 12 months. He was facing over 30 years. Our client accepted this plea agreement, and his sentence was reduced to 12 months pursuant to the plea deal. The initial plea agreement in this case prior to the Article 32 hearing was 48 months.
This case is just another example of why, even when the odds and evidence are squarely stacked against you, it is often best to fight the charges until the end. When the government knows your attorney will not back down and will take a case to trial, that is often when the best plea deals are given. In other military jurisdictions throughout the Pacific, a 12-month deal for a substantial child pornography case is generally unheard of.
Military law
Bilecki Secures Dismissal for E-5 in Hazing Case Sparking Congressional Debate
Feb 10, 2012
OUTCOME: Bilecki secured a full acquittal for his client.
In a case that was featured in over 120 media outlets across the world and was a topic of discussion in Congress, Mr. Bilecki fought the highest levels of the Marine Corps as well as high-ranking membe...rs of Congress and won a Not Guilty verdict for a Marine Sergeant. Our client, along with two other Marines, was accused of hazing a fellow Marine, who later killed himself at Patrol Base Gowragi in the Helmand province of Afghanistan.
The Marine Sergeant was the squad leader stationed at a remote dugout combat outpost in Afghanistan that had taken significant enemy contact in the days prior to the alleged incident. There was confirmed intelligence suggesting the base would be overrun by Taliban insurgents. In the days before the suicide, the deceased was continuously falling asleep while on post, falling asleep while conducting LPOP missions and falling behind while doing routine patrols of the area.
After it became obvious that this case was politically and personally motivated by members of Congress and influenced by a Marine General wearing three or more stars, the accused hired Mr. Bilecki, an established worldwide court martial defense attorney, to go to war against a seemingly insurmountable enemy. Almost immediately after being retained, Mr. Bilecki interviewed nearly all the Marines who were at Patrol Base Gowragi in order to present to the jury an accurate picture of the living conditions, the real enemy threat at that position, and the potential consequences of a Marine falling asleep while on post.
We also worked directly with our client’s First Sergeant, Company Commander, Battalion Commander, and Brigade Commander, all of whom testified for the defense that all the decisions made by our client under the particular circumstances were appropriate, that he followed the training he received and that they believed he committed absolutely no misconduct.
We also provided testimony on the operational necessity for supplemental fighting positions at PB Gowragi and that our client’s decision to order the deceased to dig a supplemental fighting position after he fell asleep while on guard duty was not to punish or haze but done out of operational necessity. Finally, we called our client to testify in his own defense, explaining why he made the decision he did as a squad leader that night. He further testified that if he were forced into that same situation again, even knowing the consequence of a court-martial, he would have made the exact same decisions.
Despite the best efforts of various members of Congress and various Marine Corps General Officers, Mr. Bilecki secured a full acquittal for his client. In a case like this, when everyone from the media to politicians, to senior leadership is out to convict you, you need a battle-tested, hard-nosed court martial defense attorney who is not afraid of rank and will fight back and win.
Military law
Sailor Accused of Assault by Sex Partner, Bilecki Exposes What Really Occurred
Feb 03, 2012
OUTCOME: After a week-long trial, our client was found not guilty of all sex crimes but found guilty of one of the assault charges.
A Navy Sailor stationed in Japan was charged with multiple sexual assault related offenses under the UCMJ following an intimate interaction that turned out to carry a boatload of fallout.
As soon as... we were retained and saw the charge sheet, we knew we were in for a battle. In fact, it took nearly a year for this case to get to trial… and for our client to be found Not Guilty of the sex charges.
The Article 32 hearing was held in Sasebo, Japan. Mr. Bilecki, Article 120, UCMJ sexual assault defense lawyer and his co-counsel traveled to Japan for the hearing. While in Sasebo, Japan we conducted a thorough investigation, including doing a walkthrough of both the barracks room where the incident occurred as well as a walkthrough of the USS Tortuga.
At the Article 32, we called each of these witnesses in order to lock in the timeline of the injuries. We also extensively questioned the sexual assault forensic examiner regarding her findings concerning the sexual interaction as well as regarding the bruising on the Second Class’s neck. The government expert attributed the bruising around the alleged victim’s neck to strangulation. We intended – at trial – to attribute any marks on her neck to hickies as well as abrasions from a gaudy, fake diamond necklace she was wearing when she was allegedly sexually assaulted.
Despite a solid cross-examination of the alleged victim and evidence tending to show that the injuries could not have occurred in our client’s barracks room, the government pressed forward to a general court martial, though we did get the attempted manslaughter charge dropped at the Article 32.
The prosecution spared no expense in obtaining witnesses to try to convict our client. We knew we had to do the same and bring as much firepower as possible. Mr. Bilecki employed the assistance of an independent forensic science consultant, to review all of the medical documents in the case in order to show that the marks on the alleged victim’s neck were not consistent with strangulation. The defense also employed the assistance of a forensic psychiatrist to help interpret the voluminous mental health records of the alleged victim that were turned over to us by the prosecution.
At trial, we were able to show that the alleged victim had multiple personality disorders and histrionic tendencies Through both a blistering cross-examination of the government’s sex assault nurse expert and through the testimony of our forensic psychiatrist, we were able to show that the marks on the alleged victim’s neck not consistent with strangulation marks
After a week-long trial, our client was found not guilty of all sex crimes but found guilty of one of the assault charges. He was sentenced to be reduced one rank and served three months in confinement. No punitive discharge. Of course, the alleged victim was never charged with perjury or making false allegations.
Military law
Sailor Accused of Assault by Sex Partner, Bilecki Exposes What Really Occurred
Feb 03, 2012
OUTCOME: After a week-long trial, our client was found not guilty of all sex crimes but found guilty of one of the assault charges.
A Navy Sailor stationed in Japan was charged with multiple sexual assault related offenses under the UCMJ following an intimate interaction that turned out to carry a boatload of fallout.
As soon as... we were retained and saw the charge sheet, we knew we were in for a battle. In fact, it took nearly a year for this case to get to trial… and for our client to be found Not Guilty of the sex charges.
The Article 32 hearing was held in Sasebo, Japan. Mr. Bilecki, Article 120, UCMJ sexual assault defense lawyer and his co-counsel traveled to Japan for the hearing. While in Sasebo, Japan we conducted a thorough investigation, including doing a walkthrough of both the barracks room where the incident occurred as well as a walkthrough of the USS Tortuga.
At the Article 32, we called each of these witnesses in order to lock in the timeline of the injuries. We also extensively questioned the sexual assault forensic examiner regarding her findings concerning the sexual interaction as well as regarding the bruising on the Second Class’s neck. The government expert attributed the bruising around the alleged victim’s neck to strangulation. We intended – at trial – to attribute any marks on her neck to hickies as well as abrasions from a gaudy, fake diamond necklace she was wearing when she was allegedly sexually assaulted.
Despite a solid cross-examination of the alleged victim and evidence tending to show that the injuries could not have occurred in our client’s barracks room, the government pressed forward to a general court martial, though we did get the attempted manslaughter charge dropped at the Article 32.
The prosecution spared no expense in obtaining witnesses to try to convict our client. We knew we had to do the same and bring as much firepower as possible. Mr. Bilecki employed the assistance of an independent forensic science consultant, to review all of the medical documents in the case in order to show that the marks on the alleged victim’s neck were not consistent with strangulation. The defense also employed the assistance of a forensic psychiatrist to help interpret the voluminous mental health records of the alleged victim that were turned over to us by the prosecution.
At trial, we were able to show that the alleged victim had multiple personality disorders and histrionic tendencies Through both a blistering cross-examination of the government’s sex assault nurse expert and through the testimony of our forensic psychiatrist, we were able to show that the marks on the alleged victim’s neck not consistent with strangulation marks
After a week-long trial, our client was found not guilty of all sex crimes but found guilty of one of the assault charges. He was sentenced to be reduced one rank and served three months in confinement. No punitive discharge. Of course, the alleged victim was never charged with perjury or making false allegations.
Military law
Charges Not Preferred for Airman Accused of Sexual Assault by Ex-Girlfriend
Jan 20, 2012
OUTCOME: We brought this to the SJA’s attention and a decision was made not to prefer charges.
An Air Force Senior Airman stationed at Hickam AFB, Hawaii was accused of sexually assaulting his girlfriend and alleged “baby momma.” The Airman learned that the baby was not his and subsequently brok...e up with his girlfriend and non-violently threw her out of the house. Upset that her boyfriend found out that he was not the father and after just getting told to leave their apartment, she sought revenge by making a false sexual assault allegation to the Honolulu Police Department (HPD). HPD investigated the case and determined that it did not meet the low standard of probable cause. The State of Hawaii did not prosecute the case .
After learning that the State of Hawaii would not take the case, she then went to the Airman’s command and made the same allegation of sexual assault that she previously made to HPD. In typical military justice fashion, OSI did not see the alleged victim’s obvious motives to fabricate a false allegation and began an intensive investigation of the Airman, which lasted months.
While under investigation, the Airman retained Article 120, UCMJ sexual assault lawyer Tim Bilecki to represent him. Bilecki immediately began investigating the alleged victim in this case and spoke with the HPD detectives who initially investigated the case. We were able to show that the alleged victim had a substantial motive to fabricate her story, mainly that she was looking to for revenge and potentially to financially exploit our client. We brought this to the SJA’s attention and a decision was made not to prefer charges.
Military law
Felony Manslaughter Charges | Case Results
Jan 13, 2012
OUTCOME: Felony Manslaughter Charges | Case Results
A police officer died in a fiery crash, the state wanted someone to pay. This case took 4 years to get to court, and one month to try in front of a jury. It showcased the outstanding advocacy attorney ...Tim Bilecki and the entire Bilecki Law Group trial team, including our investigators, our trial consultants, expert witnesses, paralegals, UH law clerks and secretarial staff. They pulled together as a team and did an extraordinary job.
In January 2012, an Air Force Reservist was driving to the airport on his way to reserve training at Lackland AFB, TX. Unbeknownst to him, a motorist with a flat tire came to a complete stop in the fast lane of the freeway that had no shoulder so he was sitting in the flow of traffic. A Honolulu Police Department officer stopped his squad car behind the truck with a flat tire.
Two days later he contacted Attorney Tim Bilecki and retained the firm to represent him. Tim Bilecki assisted the defendant through the initial arrest and bail process. The police investigation took over a year and a half to complete. The defendant was indicted for Manslaughter where he faced a maximum jail sentence of 20 years in State prison. The Prosecutor’s office put three different prosecutors on the case prior to trial before settling on one of the most experienced prosecutors from the Felony Trials Division.The prosecutor pulled all the stops to stack the deck against the defendant to ensure a conviction. HPD pulled the airbag control module (sometimes referred to as the black box) from the defendant’s truck and downloaded the data. The data pulled was examined by experts in the HPD. The data indicated that the defendant was traveling at 83 mph at the time of the accident and that no brakes were applied prior to the crash. The prosecutors hired two different experts. One conducted an examination of the data pulled from the black box.
The prosecutors called seven eyewitnesses, including the resident of a nearby apartment building who testified that he witnessed the crash from his 10th floor apartment. The prosecutor’s case comprised of over 40 listed witnesses and took two weeks to complete. The trial took over a month to complete. Tim Bilecki cross-examined all of the witnesses and exposed the holes in the state’s case proving that the defendant was not acting recklessly while driving. The defense called an accident reconstruction expert who further scrutinized the police investigation. He testified that the same exact accident could have occurred had the defendant been driving 60 mph. Tim Bilecki, through the use of the expert, demonstrated that the fire that started after the crash was actually the result of a faulty design in the vehicle manufacturing.
Military law
Air Force Reservist Convicted of Misdemeanor Homicide after Crash that Killed Police Officer
Jan 13, 2012
OUTCOME: Instead he was found guilty of misdemeanor negligent homicide with a maximum jail penalty of 1 year.
In January 2012, an Air Force Reservist was driving to the airport on his way to reserve training at Lackland AFB, TX. Unbeknownst to him a motorist with a flat tire came to a complete stop in the fast... lane of the freeway that had no shoulder so he was sitting in the flow of traffic. A Honolulu Police Department officer stopped his squad car behind the truck with a flat tire.
Moments later the defendant crashed into the back of the police officer’s vehicle with the police officer in it causing the truck to flip over and spin the squad car around. The initial impact killed the police officer. The car caught fire and was quickly engulfed in flames.
Two days later he contacted military criminal defense attorney, Bilecki Law Group and retained the firm to represent him. Bilecki Law Group assisted the defendant through the initial arrest and bail process. The police investigation took over a year and a half to complete. The defendant was indicted for Manslaughter where he faced a maximum jail sentence of 20 years in State prison. The Prosecutor’s office put three different prosecutors on the case prior to trial before settling on one of the most experienced prosecutors from the Felony Trials Division.
The prosecutor stacked the deck against the defendant to ensure a conviction. They hired two separate experts to analyze the crash. The first expert from the Honolulu Police Department, removed the airbag control module from the defendant’s truck and downloaded crash and deployment data. Their experts examined the data and concluded the defendant was traveling 83 MPH at the time of the accident and no brakes were applied prior to the crash. The HPD expert conducted an examination of the defendant’s truck and also concluded the truck was in perfect working condition and there were no mechanical defects that could have caused the accident. The second government expert calculated the defendant’s speed at the time of the accident was 92 MPH.
The defense called an accident reconstruction expert who further scrutinized the police investigation. He testified the same exact accident could have occurred had the defendant been driving 60 MPH. Through the testimony of another expert, Attorney Bilecki Law Group demonstrated the fire that started after the crash was a result of a faulty design in the vehicle manufacturing.
The prosecutor’s case comprised over 40 listed witness who testified over the course of two weeks. The trial continued for over a month while Bilecki Law Group cross examined all the witnesses, exposing holes in the state’s case. Bilecki Law Group was able to prove the defendant was not acting recklessly while driving.
After a week of deliberations, the jury found the defendant not guilty of manslaughter. Instead he was found guilty of misdemeanor negligent homicide with a maximum jail penalty of 1 year.
This case took four years to go to court. It showcased the outstanding legal advocacy of attorney Bilecki Law Group and the entire Bilecki team. With the help of our investigators, trial consultants, expert witnesses, paralegals, law clerks and secretarial staff, attorney Bilecki Law Group was able to win the defendant a lesser charge down from felony manslaughter to misdemeanor negligent homicide.
## Military Criminal Defense Legal Services
If you are a member of the military and have been recently charged with a crime, it is in your best interests to retain an experienced military criminal defense attorney. We proudly serve, Hawaii, Okinawa, Japan, California and Korea.
Military law
No Court Martial Charges for Soldier Accused of Larceny and False Statements
Jan 06, 2012
OUTCOME: After being retained on the matter, Mr.
An Army Specialist stationed in Torii Station, Japan retained court martial attorney Tim Bilecki prior to being charged with larceny and a false official statement regarding breaking into a vehicle and... later lying about it to law enforcement.
After being retained on the matter, Mr. Bilecki worked on the case and negotiated with the prosecution to keep charges from being preferred against the client.
