USMC E-5 was placed into pretrial confinement based upon 14 charges of sexual assault of a junior female Marine, as well as a myriad of unrelated charges. The client retained the military attorneys of JAG Defense to represent him. Immediately upon being retained, JAG Defense began investigating the allegations of sexual assault, uncovering a critical witness unknown to NCIS or the prosecution who spoke with the “victim” only minutes after the alleged sexual assault. Following our discovery of this exculpatory witness, we made repeated demands for a speedy trial. At our client’s Article 32 hearing, our aggressive cross-examination of the “victim” highlighted numerous inconsistencies in her story, established a motive to fabricate the allegations against our client, and trapped her in a blatant lie during her sworn testimony, which she was forced to admit under oath. In addition, we presented the testimony of the exculpatory witness, who testified that immediately following the alleged sexual assault, the “victim” was excited, happy, and bragging that she had fooled around with our client. Following the Article 32 hearing, we convinced the Commanding General to WITHDRAW AND DISMISS all sexual assault charges against our client in exchange for guilty pleas to the other unrelated charges. Result: Our client was released from confinement with time served and avoided having to register as a sex offender.
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