US v. Army, (MAJ)
Mar 20, 2019OUTCOME: Retained at BOI.
Retained at BOI after allegations of toxic leadership were rebuffed to show that it was merely a highly personal rift between my hard-charging female client and a male officer and his SFC.
Kaiserslautern Germany, UM
Military law Lawyer at Kaiserslautern Germany, UM
Practice Areas: Military Law
OUTCOME: Retained at BOI.
Retained at BOI after allegations of toxic leadership were rebuffed to show that it was merely a highly personal rift between my hard-charging female client and a male officer and his SFC.
OUTCOME: Officer Retained. Exonerated in 4 out of the 5 factual allegations.
Board of Inquiry considered evidence related to a dubious case of sexual assault. Many "irregularities" were highlighted. Client worked extraordinarily hard to redeem himself in the intervening 2 year ... s.
OUTCOME: Retained in the service. Military judge found client guilty of assault. Prosecutors demanded a bad conduct discharge and 6 months in confinement. Client merely received 45 days.
Defense focused on prior inconsistent statement by alleged victim. Government attempted to portray client as predator who had acted inappropriately with other females on the ship. Defense effectively ... impeached this notion by showing client horeplayed with both men and women. Government also called upon female shipmates who completely undermined this misleading theory. Defense prevented prior summary court-martial from being considered which related to misconduct on a prior cutter.
OUTCOME: Military Judge finds 3-Star Admiral committed unlawful command influence. Client sentenced to serve 4 years confinement, completely rebuking USCG Prosecutor demand for 7 years.
Defense focused on evidence of fraternization which led to a consensual sexual "penetration" Article 120, offense. Government counsel used photographs of alleged victim which were taken during the inci ... dent purportedly showing the officer asleep. Emphasized poor credibility of the officer. Despite physical evidence panel deliberated over three (3) hours before coming to a verdict. Military judge made several questionable rulings related to the instructions to the military panel, and thus that issue will be addressed on appeal.
OUTCOME: Guilty, 18 month. But on account of prior time in confinement, immediately eligible for parole. Case under appeal.
Okinawa, Japan To Catch a Predator (TCAP) court-martial. Defense attacks underlying NCIS sting operation. Government weakness related to a "lack of mirroring," the lack of "offroads" and, perhaps most ... importantly, the location of the arrest, Asserted entrapment and legal abandonment. Panel (led by Marine Major) deliberated for over 3 hours. In this jurisdiction such cases commonly "plead out" without a defense fight for 18-24 months. Managed to get client's statement into evidence to lay the groundwork for the entrapment. Digital evidence could not pin-point his location on arrest.
OUTCOME: Board of Inquiry Recommends General Under Honorable Conditions Discharge
Officer alleged to have engaged in misconduct associated with the misuse of government property.
OUTCOME: Guilty Plea: 3 years confinement and dismissal.
Plea agreement saves Client from 24 years of confinement. Defense files voluminous motions to suppress IAW the 4th and 5th Amendent. Issue related to a civilian detective's "request" for a IPhone pa ... sscode, which was later used by NCIS to access contraband. Government seeks to negotiate after suppression hearings, and before Court's rulings. Government ultimately drops thirty-three (33) federal criminal charges. Client pleads to remaining thirteen (13) charges. Military judge sentences Client to serve twenty-seven (27) years in federal confinement, but negotiated "Plea Agreement" limits potential confinement to three (3) years. Client eligible for parole in one (1) year.
OUTCOME: Panel Verdict. "Not Guilty of all Sexual Assault Charges." Guilty of Adultery. Retained in service. No Reduction. 30 days hard labor without confinement about $1000 in forfeitures.
Two day court-martial. Defense highlights evidentiary deficiencies in government case which one might reasonably expect to hear about to corroborate the complaining witness' claims.
OUTCOME: Panel verdict: "Not Guilty of BAH Fraud" more than $50,000. Guilty of remaining relatively minor offenses at Special Court-martial. Panel Sentence: Reduction to E-4 (no jail, reprimand or punitive discharge).
Finance Soldier in Korea allegedly submitted false 5690 and 1351 entitlement requests. Chain of Command in Korea and Finance Internal Control (finops) NCOs "certify" charged entitlements for payment. ... Nuremberg Defense focused on Korean chain of command knowledge and mens rea. Government dismisses several other charges prior to trial. (Ft. Hood GCM)
OUTCOME: Panel Verdict: "Not Guilty of All Charges" at General Court-martial.
Case involved former family member allegations, church relations and counter-intuitive behavior of complaining witness. Government called counter-intuitive expert witness, the Defense did not, relying ... instead upon cross-examination.(JBLM GCM)