Sexual Assault, Assault Consummated by a Battery

N/A

OUTCOME: Acquittal on Contested Offense

The Government charged this Service Member with sexual assault and three separate assaults consummated by battery. Nicole successfully negotiated a plea agreement to resolve the assault (Article 128) ... charges, but the Government was unwilling to negotiate with regard to the alleged sexual assault. At trial on the sexual assault charge, the Government had a complete failure of proof and the client was acquitted of that charge. At sentencing, the General Court-Martial sentenced this Service Member to seven days’ confinement.

Arson

N/A

OUTCOME: Case Dismissed

Like many arson cases, in this case the Government collected only circumstantial evidence to support their theory that the client was guilty. At the Article 32 Investigation, Nicole’s successful cross ... -examination of the Government’s expert witness led to the witness’ acknowledgement that the fire in question could have been “an act of God.” Further, the expert was forced to admit that he was unable to determine the source of ignition, ie., what actually started the fire. Ultimately, Nicole successfully argued that the charges against this Service Member should be dismissed in the interest of justice.

Wrongful Use of a Controlled Substance

N/A

OUTCOME: Full Acquittal

Nicole joined this case for purposes of trial after the Government’s attempts to have this client accept an administrative separation were unsuccessful. During trial, Nicole identified winning argumen ... ts to prevent the Government from introducing nearly all evidence against the client. Despite the Government’s desperate attempts to prove their case, at the end of trial there was absolutely no basis for a finding of guilt.

Assault Consummated by a Battery

N/A

OUTCOME: Full Acquittal

After receiving the case, Nicole undertook significant research and pre-trial preparations which resulted in the valuable demonstration of the client’s propensity for peacefulness at trial. Additional ... ly, cross examination of key Government witnesses established the investigator’s failure to fully examine other suspects - leading to the question of whether other viable suspects were ignored - and their failure to fully secure the crime scene, bringing into question the likelihood that evidence may have been contaminated.

Premeditated Murder

N/A

OUTCOME: Favorable to client.

Rape

N/A

OUTCOME: Client retained by administrative separation board.

Administrative discharge proceedings based on criminal charge. Allegation unsubstantiated by board at administrative hearing.