Two U.S. Airmen were involved in a physical altercation with a German national at a local festival. During the altercation, the German national was stabbed four times. Regrettably, the victim passed away from his injuries. Our client was detained by German Polizei and questioned. During that questioning, our client allegedly confessed to stabbing the victim. U.S. military authorities assumed jurisdiction over the case, our client was charged with murder, and was facing the possibility of confinement for life without the possibility of parole. Prior to his court-martial, we filed a motion to suppress his alleged confession to German Polizei based upon their failure to properly advise him of his Article 31b and Fifth Amendment rights. The military judge GRANTED the defense motion and suppressed all statements made by our client. At his subsequent court-martial, we presented compelling evidence that the stabbing was actually committed by the other Airman. The defense case included DNA evidence, crime scene analysis, blood spatter interpretation and eyewitness testimony. Result: The officer and enlisted member panel found our client NOT GUILTY of all charges and specifications.
Grover H. Baxley is the founding attorney of JAG Defense and a former active duty judge advocate in the Air Force. In 2005, Mr. Baxley chose to leave active duty and dedicate 100% of his civilian law practice to military and security clearance law. He has zealously represented thousands of members of all military branches around the world in matters ranging from minor administrative actions to courts-martial.
