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RESULTS Protecting Careers, Freedom, and Futures

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MILITARY JUSTICE
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When your career, rank, and freedom are on the line, results matter. Every military case is different. Outcomes depend on the facts, who is prosecuting, the forum, the evidence, and the attorney you choose to fight for you. What follows is not a promise or guarantee. It is a snapshot of notable recent results.

The following results are brief summaries and do not represent the full extent of the evidence or efforts to obtain the result. It is never simple – cases are never easy.

For example, obtaining expert assistance in and of itself is not easy and often requires experience and aggressive advocacy. Also, each case requires significant investigation, analysis, and research of the law.

Each case requires effective advocacy – including the ability to challenge evidence and constitutional violations in front of a judge, making effective objections at trial, cross examining witnesses, and making effective arguments to the judge or panel. 

Each case is a lengthly battle that requires significant effort and expertise. Who you choose to represent you matters. 

Court-Martial Acquittals at Trial by Panel (Military Jury)

General Court-Martial 

  • Attempted Sex Trafficking of a Child (Undercover Sting Operation): US Army Officer in Hawaii – Not Guilty

Army officer in Hawaii was caught in sting operation by an undercover agent posing as a 16 year old. The Assimilative Crimes Act was used to charge the accused with the federal sex trafficking statute. At a trial by panel members, entrapment and lack of criminal intent were central to the defense.

  • Attempted Sexual Assault / Lewd Communications with a Child (Undercover Sting Operation): US Army E-4 in Hawaii – Not Guilty

Army E-4 in Hawaii was ensnared on a dating app by an agent who advertised the age of 28 then claimed to be 14 after matching and providing a phone number. At a trial by panel members, entrapment and mistake of fact as to age was the focus of the defense. 

  • Sexual Assault / Assault Consumated by Battery: US Army E-5 in Korea – Not Guilty

Army E-5 in Korea was accused by a subordinate of coercion and sexual assault in a field off-post. Expert DNA and digital forensic consultants assisted with revealing weaknesses in the case. At trial by panel members, a blistering cross examination resulted in the accuser admitting to lying.

  • Forcible Rape: US Navy E-5 in Japan – Not Guilty

US Navy E-5 in Japan was accused of raping a friend who had seduced him. A team of expert consultants assisted the defense with DNA, SAMFE, and forensic psychology. At a trial by panel members, government dirty tricks were shut down and the truth was revealed.   

  • Forcible Rape: US Army E-4 in Korea – Not Guilty

Army E-4 in Korea was accused of raping his girlfriend in his barracks room. An aggressive investigation by the defense discovered that the girlfriend admitted to others that she was going to make a false complaint to get revenge for being dumped. 

  • Sexual Assault / Assault Consumated by Battery: US Army E-4 in Okinawa – Not Guilty

Army E-4 in Okinawa accused of sexual assault after a house party with heavy drinking. Through cross examination of CID Special Agents, confessions were shown to have been coerced, and motives for the false accusation were exposed. 

  •  Sexual Assault / Abusive Sexual Contact / Assault Consummated by Battery / Abuse and Maltreatment of Subordinates: US Army E-5 in Korea – Not Guilty

Army E-5 in Korea accused of sexually assaulting and making unwanted sexual advaces toward multiple alleged victims who were subordinates. At trial by panel members it was shown that it was medically impossible to have committed the assaults as alleged, and that comments were taken out of context. 

 

Special Court-Martial

  • Cruelty and Maltreatment of Subordinates: US Army E-7  in Korea – Not Guilty

Army E-7 Platoon Sergeant in Korea charged with murdering the pet of a subordinate being kept in the barracks and making sexual comments. At a trial by panel members, it was shown that the unauthorized pet was released humanely, and the corrective comments were not sexual. 

  • Aggravated Assault: US Marine Corps E-5 in Hawaii – Not Guilty

USMC E-5 in Hawaii was accused of driving over another Marine with his truck. At a trial by panel members, it was shown that the struck Marine was extremely intoxicated while he attacked the truck in motion, thereby causing his own injuries. 

  • Abusive Sexual Contact / Stalking: US Air Force E-4 in Germany – Not Guilty

USAF E-4 in Germany accused of touching his girlfriend while she was asleep and later stalking her. Expert assistance in parasomnias (sleep walking) and forensic psychology were central to the defense of automatism. At trial by panel it was shown that parasomnia was likely, stalking was baseless, and the accuser had motives to lie. 

  • Abusive Sexual Contact / Assault Consumated by Battery: US Army E-3 in Korea – Not Guilty

Army E-3 in Korea accused of making unwanted advances and later touching in barracks room. At trial by panel it was shown that all alleged interactions were consesual, or reasonably mistaken to be consensual.

Charges Dismissed

General Court Martial

  • Sexual Assault: US Air Force E-5 in Korea – Charges Dismissed

USAF E-5 charged in Korea with sexual assault. An aggressive defense investigation revealed that the accuser was under medication that caused hallucinations at the time of the accusation. The appropriate motions were filed in court. 

  • Murder: US Army E-4 in Korea – Charges Dismissed

Army E-4 in Korea accused of killing his child under the theory of shaken baby syndrome. After one year of litigation, the government failed to properly utilize SOFA to produce the primary witness for the defense (the Korean doctor who treated the child), or exclude the other more likely suspect (the Korean wife). The appropriate motions were filed in court. 

  • Domestic Abuse: US Marine Corps E-5 in Okinawa – Charges Dismissed

USMC E-5 in Okinawa accused of assaulting his girlfriend by estrangulaion. An aggressive defense investigation revealed that she had no marks in photos the day after, and that she had used her side-boyfriend’s access to systems (cyber MOS) to hack the CG and SJA’s accounts to undermine the defense. The appropriate motions were filed in court. 

Special Court Martial

  • Animal Abuse: US Army E-4 in Hawaii – Charges Dismissed

Army E-4 in Hawaii accused of neglecting her dog because of an embedded collar. Expert forensic veterinarian normally used to assist the prosecution determined the injury was not the normal embedded collar case and that the injury was not the cause of neglect. Army CID Agent obstructed the inspection of the dog in question. The appropriate motions were filed in court. 

Board of Inquiry (BOI) and Administrative Separation (ADSEP)

 

  • Dereliction of Duty: US Navy O-3 in Hawaii – Retained in Service. 

Navy Officer O-3 in Hawaii accused of failure to meet standards – was shown to have been set up for failure by being assigned to a ship in dry dock that had already failed multiple inspections. 

  • Larceny / Drug Use: US Army O-5 in Texas – Retained in Service

Army O-5 in Texas (MEDCOM) accused of inappropriately prescribing and administering medication. At a board it was shown that all actions were legitimate.

GOMOR and NJP

GOMOR Rebuttals — Withdrawn and Destroyed

  • Child Abuse: US Army CW-3 in Korea – Withdrawn and Destroyed. Reports by spouse proven untrue. 

  • Assault: US Army E-4 in Hawaii – Withdrawn and destroyed. Self-defense established. 

  • AWOL / Dereliction of Duty / Failure to Obey Lawful General Order: O-3 in Hawaii – Locally Filed. Basis for allegations mitigated or disproven. 

Article 15 / NJP — Not Guilty or Dismissed

  • Child Abuse: USAF E-6 in Guam – Not Guilty

  • Drug Use: USMC E-3 in Hawaii  – Dismissed (Not Guilty)

  • Larceny: USN O-4 in Hawaii – Dismissed (Not Guilty)

  • Drug Use: US Army E-5 in Hawaii – Not Guilty

Flying Board and Civilian Court Results

Flying Evaluation Board — Status Retained

  • Flying Evaluation: US Army CW-4 in Korea –Flying Status Retained

Civilian Court — Not Guilty

  • Hawaii Criminal Court — Murder:

Defendant accused of murdering neighbor because of voices that told him to or else he would die – Not Guilty by reason of insanity.

*  This firm no longer takes civilian cases – only active duty military cases.