Senior Officer (O-6) was the subject of an IG complaint from a disgruntled civilian subordinate concerning leadership style and management of personnel. After a thorough investigation and multiple interviews, the matter was closed with corrective counseling with no permanent adverse military personnel file entries.
A Navy Sailor was charged with attempted murder, aggravated assault and rape following an altercation with his girlfriend. The charges included allegations that he punched, strangled, and smothered his girlfriend before slamming her head into the floor until she lost consciousness. The girlfriend then claimed that the Sailor raped her while she was unconscious. During the incident, the girlfriend managed to call a friend’s voicemail, which captured the audio of the Sailor yelling and making threats, as well as the sound of a physical altercation. There was also significant DNA and other forensic evidence collected by NCIS, as well as witnesses who heard the physical altercation. After being charged by the Navy and while awaiting a court-martial, the Sailor was involved in a second altercation with a different girlfriend, which led to additional charges of aggravated assault. The Sailor was facing the possibility of life imprisonment and a sex offender registration. Prior to JAG Defense involvement, the most favorable pretrial offer from the prosecution was that the Sailor had to plead guilty to all charges in order to receive a confinement cap of 12 years. The Sailor’s family hired JAG Defense to represent him at his court-martial. Over a period of months, JAG Defense negotiated an initial pretrial deal where the government agreed to dismiss the attempted murder charge and all but one assault charge for each victim. The government intended to attempt to prove the rape charge. During the course of our preparation to contest the rape charge, JAG Defense uncovered DNA evidence that was extremely damaging to the government’s case and definitively proved that the victim had lied about the sexual assault. As a result, the government dismissed the rape charge the night before the Sailor’s court-martial was to begin. Result: Attempted Murder and Rape Charges Dismissed. Client guilty only of lesser assault charges and will be released from confinement in less than a year. No sex offender registration.
A Naval Officer and healthcare provider self-enrolled in a rehabilitation program for an increasing dependence on sleep medication. While enrolled in the program, the officer continued to test positive for the metabolite for the sleep medication, leading her providers to believe that the officer was continuing to abuse the drug. Further, the officer also tested positive for an anti-seizure medication, which led to her removal from the rehabilitation program. The Navy initiated proceedings to revoke the officer’s privileges to practice medicine within the Navy. The officer retained JAG Defense to represent her through this process. At her subsequent Peer Review Panel, we presented the testimony of two forensic toxicologists to demonstrate that our client’s continued positive urinalysis tests were due to the metabolite for the sleep medication lingering in her body due to longterm abuse prior to entering the rehabilitation program. In addition, we presented evidence and testimony of numerous other individuals in the rehabilitation program who inexplicably tested positive for the same anti-seizure medication. We also challenged the reliability of the testing program due to its lack of a formal chain of custody and the employment of a civilian laboratory, rather than a DoD testing laboratory. Result: The Peer Review Panel unanimously found that none of the bases for the adverse privileging action were substantiated and our client was awarded full privileges.
A Lance Corporal in the U.S. Marine Corps was initially charged with eight (8) specifications of child pornography possession, distribution, and viewing. Later, the USMC charged him with five (5) specifications of Sexual Abuse of a Child and one (1) specification of Attempted Sexual Abuse of a Child. All together, the charges against our client carried the possibility of almost 200 years of confinement. At the Article 32 hearing, our cross-examination of the NCIS agent demonstrated the weakness of the government’s case on the child pornography charges. Using that as leverage, we negotiated a plea agreement with the government where our client accepted responsibility for Abusive Sexual Contact with a minor (for sending sexually explicit texts and emails). In exchange, the government agreed to Withdraw and Dismiss With Prejudice all remaining charges against our client. He was sentenced to “time served” and released from confinement that day. While he did receive a punitive discharge, he will not have register as a sex offender in his home state.
A decorated Gunnery Sergeant retained JAG Defense after she allegedly tested positive for D-Amphetamines on a random urinalysis test. During our initial investigation of the case, we uncovered significant issues with our client’s urinalysis sample. Using the collection program’s own records, we were able to demonstrate that the collection program had mislabeled another Marine’s urinalysis sample with our client’s information. We presented this information to the command, which resulted in NO CHARGES even being filed against our client.
Our client, a Navy O-3, went TAD to Ghana. Following the trip, one of his disgruntled Sailors started circulating rumors that our client engaged in repeated sexual activities with Ghanaian foreign nationals, despite the fact that he was married. These rumors swirled around the command for months before an anonymous tip was made to NCIS only days before our client was set to PCS. After a rushed and laughingly inept “investigation,” our client was offered nonjudicial punishment, which he refused. The command referred his case to Navy BUPERS, who ordered our client to show cause for retention at a Board of Inquiry for alleged violations of Article 92, 133, and 134, UCMJ. At the Board, we presented overwhelming evidence of our client’s exceptional Naval career and integrity, as well as evidence that the accusing Sailor had a reputation for exaggerating and spreading rumors. Result: After only 10 minutes of deliberations, the Board voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the Navy.
A group of officers and enlisted members went on liberty in Djbouti, Africa. While on liberty, they purchased and consumed alcohol (with the exception of the driver). On the way back to their base, they struck a camel, severely damaging their GOV. In the ensuing investigation, a number of the members made false, conflicting statements about their consumption of alcohol. Our client admitted to his own drinking, but on two separate occasions, denied knowledge of anyone else’s purchase or consumption of alcohol, which was not true. Our client was taken to Admiral’s Mast, where he was found guilty of false official statement, conduct unbecoming an officer and a gentleman, and failure to obey a lawful regulation. Following his Mast, our client completed his deployment in Djbouti, returned to the U.S., and then was notified that he would be required to show cause for retention in the U.S. Navy. At his Board of Inquiry, our client took responsibility for making false statements on 2 occasions, as well as not properly executing the required liberty paperwork (which was the basis of the orders violation). We presented compelling evidence of his otherwise positive Naval career, coupled with his exceptional performance on deployment, both before and after the incident. Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.
Senior Officer (O-5) Commanding Officer was named subject in three complaints filed by a disgruntled former subordinate Department Head/Junior Officer concerning administrative orders request, IG Complaint and Article 1150 US Navy Regulations complaint of wrong, all related to alleged administrative misconduct by the Commanding Officer. Working very closely with assigned military defense counsel, we were ultimately able to achieve a favorable resolution of the issues/concerns and, despite an initial delay, the client was both promoted to O-6 and continued in career-enhancing assignments with no permanent adverse official military personnel file entries.
22 year Naval Officer was taken to a Board of Inquiry for allegations including fraud against the government (Art 132, UCMJ), failure to obey a general order or regulation (Art 92, UCMJ), conduct unbecoming an officer and a gentleman (Art 133, UCMJ), and numerous allegations of substandard duty performance. At his Board of Inquiry, JAG Defense vigorously defended our client against all allegations by attacking the sufficiency of the investigation, impeaching the objectivity and motives of the Commodore who ordered the investigation and Board of Inquiry, presenting conclusive proof of our client’s innocence, and calling a virtual parade of fellow officers to testify to our client’s outstanding officership, integrity, and military character. Result: The O-6 board members deliberated for only 5 minutes before returning a finding of NO MISCONDUCT on all charges, and RETAINED our client in the U.S. Navy.
Navy E-4 tested positive on a urinalysis test for benzoylecgonine, the metabolite for cocaine. He immediately retained the services of JAG Defense to represent him. His command initiated Captain’s Mast, which he refused to accept. As anticipated, his command opted not to pursue a court-martial, and instead sent his case directly to an administrative separation board. At his subsequent board, JAG Defense presented testimony from a local bouncer who admitted to spiking our client’s drink with cocaine. In addition, the government’s expert in forensic toxicology admitted during our cross-examination that the nanogram level in our client’s sample was scientifically consistent with the explanation of the spiked drink, and that our client’s test results were so low that he may not have even felt the effects of cocaine, let alone used it intentionally. Result: The members voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the U.S. Navy.
Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.
Jill Thomas has served as an Assistant U.S. Attorney, military defense counsel, and military judge. She has extensive experience in military justice, litigation and administrative processes.
Navy O-5 Commanding Officer was relieved of command due to allegations of sexual harassment and conduct unbecoming an officer. At his Board of Inquiry, JAG Defense demonstrated that the allegations against our client had been greatly exaggerated by his accusers, and that the investigation into his alleged behavior was rushed, one-sided, and incomplete. JAG Defense also presented compelling evidence of our client's otherwise exceptional 22+ year Naval career. Result: The O-6 member panel voted 3-0 to RETAIN our client in the U.S. Navy.
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