USMC E-4 Rape Charges Withdrawn and Dismissed

USMC E-4 engaged in consensual sexual activity with a fellow Marine while she was TDY for a school, who happened to be engaged to be married.  Following their sexual encounter, the female Marine PCSed to her permanent duty station.  The two continued to keep in touch via text messaging, to include friendly and flirtatious messages with each other.  When the female Marine’s fiancé discovered the text messages, however, he became upset.  Thus, over four months after it happened, the female Marine claimed that the sexual activity that occurred with our client was actually a “rape.”  Charges were referred to trial by General Court-Martial, where our client faced the possibility of confinement for life, a dishonorable discharge, and a sex offender registration.  Prior to trial, the defense presented evidence of the friendly text messages, her motive to fabricate, and numerous inconsistent statements, yet the chain of command did not halt the court-martial proceedings.  During our continued pretrial investigation, we uncovered information that our client was not the only Marine with whom the alleged victim engaged in sexual activity while attending the course.  We submitted notice to the trial counsel, and to the alleged victim, that the defense intended to present evidence of these incidents of sexual activity with other Marines, including asking her (now) husband about them.  The very next day, the alleged victim sent a letter to the convening authority declining to participate in any further judicial proceedings against our client.  The charges against our client were subsequently WITHDRAWN AND DISMISSED, meaning our client will not even have to go through the stress and anxiety of a court-martial to clear his name.

Category: Military Success Stories

Rape Charges Against Air Force Officer Withdrawn/Dismissed

Air Force O-3 was accused of breaking into a female officer’s house and raping her.  At the ensuing Article 32 hearing, we aggressively cross-examined the alleged victim, highlighting many aspects of her testimony that impeached her credibility, including (a) her multiple motives to fabricate, (b) numerous inconsistent statements, and (c) the sheer incredibility of her story.  Further, we presented the eyewitness testimony of the alleged victim’s roommate, who testified that the alleged victim was actually on top of our client during the sexual intercourse.  Despite the significant problems with the government’s case that we exposed, the Convening Authority still referred the charges to a general court-martial, where our client faced the possibility of life in prison, a dismissal from the Air Force, a federal conviction, and a lifetime sex offender registration.  Prior to trial, JAG Defense negotiated an alternate disposition on behalf of our client, which resulted in administrative action for Unlawful Entry and Conduct Unbecoming an Officer and Gentleman.  Against the advice of his Staff Judge Advocate, the Convening Authority accepted our proposed resolution of the case.  Result: All court-martial charges WITHDRAWN AND DISMISSED WITH PREJUDICE.  No confinement, no conviction, no dismissal from the Air Force, and no sex offender registration.

Category: Military Success Stories

Sexual Assault Charges Withdrawn and Dismissed Against Sergeant of Marines

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.

Category: Military Success Stories

Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him. 

Category: Military Success Stories

Air Force E-3 Acquitted of All Charges without Testifying

Air Force E-3 was charged with raping and engaging in indecent acts with a 15-year old girl. At his General Court-Martial, our aggressive cross-examination of the alleged victim established countless inconsistencies in her version of what occurred. Further, we presented evidence of our client’s innocent state of mind following the night that the misconduct allegedly occurred. Result: Without even having to testify, our client was ACQUITTED of all charges against him.

Category: Military Success Stories

Air Force E-4 Found Not Guilty of Indecent Acts with Child

Air Force E-4 was charged with possession of child pornography and indecent acts with his 4-year old stepson. After securing a favorable pre-trial agreement on the child pornography charge, our client pleaded not guilty to the indecent acts. At his court-martial, we challenged the competency of the child as a witness and objected to his testimony. After repeated attempts by the government to establish the child’s ability to testify as a witness, the military judge sustained our objection and ruled that the child was not competent to testify. Result: Our client was found NOT GUILTY of the indecent acts charge.

Category: Military Success Stories

Navy Sailor Received Additional Pre-trial Confinement Credit

A Navy Sailor was charged with assaulting a female Senior Chief with the intent to commit rape as she slept in Female CPO Berthing on their ship. Upon apprehension, the Sailor was immediately placed into pre-trial confinement where he remained until trial. After extensive pre-trial negotiations, we secured a pre-trial agreement wherein the Convening Authority agreed to dismiss the charge of assault with the intent to commit rape in return for a plea of guilty to a lesser included offense. At the court-martial, we argued that our client’s time spent in pre-trial confinement was unusually harsh and warranted additional pre-trial confinement credit. The military judge agreed with us and awarded 2 for 1 credit for each day our client was confined prior to trial. As a result of the judge’s ruling, our client was released from confinement immediately following his court-martial.

Category: Military Success Stories

Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a “Civilian Conviction” under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-9 Retires as a Master Chief Despite Unprofessional Relationship

A Navy Master Chief with over 26 years of military service was charged with an unprofessional relationship, sexual harassment, disrespect to a commissioned officer and wrongfully soliciting a subordinate Sailor for sexual intercourse. His command referred his case to a court-martial and our client was facing the possibility of a criminal record, confinement, and the loss of his retirement. After being retained, we conducted an exhaustive investigation into the command climate at our client’s Squadron that revealed a great deal of similar misconduct by other members of the Squadron. We were then able to negotiate an alternate disposition of the charges against our client. As a result of this alternate disposition, our client avoided a criminal record, avoided confinement, and was able to RETIRE as a Master Chief.

Category: Military Success Stories

Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged in 2004 with raping an Army E-3 while both were TDY to Germany. Due to our representation at his General Court-Martial, he was found NOT GUILTY of the charge against him (additional details below). In 2007, the same client was charged with indecently assaulting and attempting to commit forcible sodomy with an Air Force E-4 while TDY to Turkey. At his second General Court-Martial, the military judge permitted the previous alleged victim to testify again regarding the alleged rape from 2004. In addition, the military judge also permitted a former Air Force E-3 to testify that our client had indecently assaulted her in 1990 while TDY to Oman. Despite the apparent pattern of sexual assaults in TDY environments, we were still able to convince the officer member panel that our client was NOT GUILTY OF ALL CHARGES against him. 

Category: Military Success Stories