2019 Case Results

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Case Results For The Year 2019

U.S. v. E-4, Army accused of sexual assault when alleged victim was asleep, unconscious, or otherwise unaware and making a false statement to law enforcement. Two weeks prior to trial the government withdrew and dismissed all charges in favor of a discharge in lieu of trial.

In re 1LT, Army accused of sexually assaulting a female Officer. Client was previously brought up on court-martial charges for this offense, which were dropped after aggressive defense investigation and advocacy. More than a year later he was reprimanded for the same allegation and brought before a board of inquiry. Board voted that no misconduct occurred after we presented substantial evidence of the complainant’s motive to fabricate and her mistaken understanding of what consent / lack of consent means under the UCMJ.

U.S. v. E-4, Army accused of forcible rape by strangulation and forcible sodomy. Client acquitted of all charges despite physical injuries when defense put on evidence that alleged victim staged the assault to escape a forced open marriage. For more details, please read this blog post: https://www.ucmj-defender.com/a-mistake-i-wont-repeat-in-military-justice/

In re 1LT, Army accused of five-year old sexual assault by substantial intoxication. Client was never brought to face court-martial charges because the complainant did not want to testify. Instead he was taken to a board of inquiry. Board determined no misconduct occurred after evidence elicited that client’s admissions to law enforcement were the result of coercive tactics during a lengthy interrogation on a client with documented TBI and memory issues. Client retained on active duty after finding that client had not committed any misconduct. For more details, please read this blog post: https://www.ucmj-defender.com/be-human-guarding-against-false-confessions-for-military-justice/

U.S. v. LTC, Army accused of sexually molesting his biological daughter. Client fully acquitted of all charges after defense presented evidence that the former spouse coached the child into believing molestation had taken place.

* Only non-homicide LWOP sentences in the history of the Army JAGC

**Media coverage

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