Colorado Springs, CO
Military law Lawyer at Colorado Springs, CO
Practice Areas: Military Law, Sex Crime, Civil Rights
OUTCOME: Charge dismissed without prejudice
A young airman has gone through three appeals of his wrongful sexual assault conviction, his most recent appeal resulted in a rehearing. However, the Government did not act with any urgency in getting ... his case to trial within 120 days, as required by RCM 707. The military judge dismissed the Charge without prejudice.
OUTCOME: Client promoted to CW4
A promotable CW3 was falsely accused of sexual assault; his promotion to CW4 was held up as a result of the false accusation. We convinced the promotion review board to retain the client on the promot ... ion list, and after a multi-year wait, the client was promoted to CW4, retroactive to his original promotion date. Accordingly, he will receive a substantial paycheck for all pay and allowances he was entitled to receive as of his original promotion date. He is also now eligible to retire as a CW4.
OUTCOME: Client received top secret security clearance
An officer received a Statement of Reasons for denying her a Top Secret security clearance. This officer was "too honest" for disclosing information about relatives' social media posts and a past rela ... tionship, and her information was taken out of context. I helped her submit a rebuttal.
OUTCOME: Client no longer required to register as a sex offender.
A Navy officer previously convicted of sexual assault offenses had his convictions reversed on appeal. His remaining conviction for "indecent exposure" did not require sex offender registration. Ther ... efore, his application to be relieved of his sex offender registration requirement in his state of residence was granted.
OUTCOME: Sexual assault convictions set aside and dismissed with prejudice.
We represented a Navy officer who was falsely accused of sexually assaulting a co-worker, convicted, and sentenced to a dismissal from the service. The Navy-Marine Court conducted a thorough review of ... his case and agreed with us that the evidence did not support his sexual assault convictions, and their sexual encounter, which included making out in the doorway of a restaurant only moments earlier, was consensual, and that he stopped when she told him to stop. We are thrilled for our client.
OUTCOME: Client received diploma and graduated on time
A senior who was on the verge of graduating from a university in Wisconsin was falsely accused of sexually "misconduct" by his ex-girlfriend and of "domestic violence" toward her. The ex-girlfriend ha ... d some unusual interests that did not work out with the client, which led her to falsely claim she did not consent. The "domestic violence" was not "violence" at all, but rather was them practicing martial arts together. The investigating officer recommended the client be held "responsible" and receive a lengthy suspension, despite the fact my client was on the verge of graduating and not returning to the campus anyway. The university did not follow the Title IX procedures it was required to follow according to Wisconsin statutes in conducting hearings. For example, the hearing officer did not allow me to question the complainant, nor did he permit the questions I deemed necessary. He did not allow my client's parents to testify, even though they had witnessed my client and his ex-girlfriend together, and therefore, possessed relevant information that undermined her claim of "domestic violence." Although the hearing officer found my client "responsible," he did not uphold the suspension. Instead, he recommended my client get his diploma as soon as he completed the university's "instructional program." My client completed the program and was able to receive his diploma backdated to his original graduation date.
OUTCOME: Rape conviction set aside and dismissed with prejudice, rehearing on sentence authorized
Our client, an African-American Air Force senior officer, was wrongly convicted of "raping" a white woman in 1998, as well as some other minor military misconduct, and sentenced to 3 years of confineme ... nt and a dismissal. She falsely claimed he "raped" her when the evidence showed she invited him to her home, and subsequently into her bed, which led to sex that she later regretted. The statute of limitations was only 5 years in 1998; he was not prosecuted until 2016. The Air Force Court of Criminal Appeals overturned his rape conviction for being in violation of the statute of limitations, as well as his conviction for one of the other charges of minor misconduct for lack of sufficient evidence. The Government has appealed the decision; the client's case is pending review by the U.S. Supreme Court.
OUTCOME: Evidence suppressed, conviction and sentence set aside, rehearing authorized
Our client, a Marine senior NCO, was wrongly convicted of sexual assault. The law enforcement agents violated his Fourth Amendment rights by seeking authorizations from an officer who was not our clie ... nt's commander, and by seizing evidence that had no relationship with the case. The Navy-Marine Court, in a published opinion, agreed that Fourth Amendment violations occurred and suppressed all of the physical evidence.
OUTCOME: Discharge upgraded to Honorable and reason changed to Secretarial Authority
Our client was discharged from the Air Force Academy for minor misconduct with a General Discharge. We applied for an upgrade on his behalf because after 20 years, he had proven himself worthy of a fu ... lly Honorable Discharge. The Air Force Board for Correction of Military Records agreed with us, not only upgrading his discharge to an Honorable discharge, but also changing the reason for separation to Secretarial Authority!
OUTCOME: Allegations of misconduct not substantiated.
After an intense 6-year battle through 3 command investigations and an IG investigation, a senior Army officer client's rights have been vindicated! The client's malicious ex-spouse launched false all ... egations of adultery to gain a financial advantage in their divorce and to punish the client for choosing an Army career over the spouse. The first two command investigations, which were conducted by an Army-recognized expert in criminal investigations, exonerated the client. However, the ex-spouse was dissatisfied with the results of these two thorough, impartial investigations and vindictively launched another false accusation to the Department of Army IG and the client's new commander upon the client's PCS move. The ex-spouse threatened to continue filing complaints until the allegations were substantiated. Therefore, in order to appease the ex-spouse, the third command investigation and IG investigation determined the client had engaged in an "inappropriate relationship" with another Army officer. The IG's substantiation delayed the client's promotion. Fortunately, the promotion review board recommended that the client receive the well-deserved promotion. The vindictive ex-spouse also cyber-bullied the client by sending mass e-mails to almost 300 military and civilian Department of Defense employees with the false accusations against the client and the other Army officer. The ex-spouse was a member of the Army National Guard and an Army contractor. The ex-spouse sent these emails during company time and signed the emails with the ex-spouse's National Guard signature block. The ex-spouse was investigated for time card fraud, misuse of government resources, and violating the Army's policy against cyber-bullying. The investigation into the ex-spouse also revealed the ex-spouse's substance abuse problem. Attorney Tami Mitchell spearheaded the effort to protect the client's rights and to hold the ex-spouse accountable for the ex-spouse's misconduct. Ms. Mitchell provided the client constant support over six years. Ms. Mitchell's zealous advocacy and her years of experience as a legal advisor to the FORSCOM IG, formed the foundation for a successful appeal of the DAIG's substantiated finding. Ms. Mitchell identified numerous legal deficiencies in the third command investigation and the IG investigation that should have precluded substantiation of the ex-spouse's false allegations. On January 29, 2019, the client was notified that the DAIG reversed its decision and corrected its records to reflect the DAIG did NOT substantiate the allegations. The client can finally move forward with the client's good name and reputation restored.
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