Recent Case Results
In re O-5, Army suspends deputy chief of the pharmacy at military medical hospital based on allegations of counter-productive leadership and bullying of subordinates. After participating in investigation through counsel and submission of response comments to derogatory findings, some of the findings were unsubstantiated. The command pursued elimination at a board of inquiry for remaining allegations, all of which were unsubstantiated by the board. O-5 was retained and can retire in less than one year. Client is pursuing the removal of the reprimand from client’s file, and the application is pending.
In re E-7, Army suspended special forces team member for allegedly attempting to smuggle almost $25K in US currency out of Afghanistan and for allegedly lying to law enforcement in denying knowledge of bag that was attributed with containing the weapons magazines where the currency had been hidden. After officially filing reprimand for the same, administrative separation board concluded misconduct had not occurred by preponderance of evidence, and board voted to retain NCO. Appeal to removal of Special Forces tab remains ongoing.
In re CW3(P), Army suspends CID Special Agent in Charge based on allegations of disrespectful comments about superiors. After submission by Firm, reprimand is filed locally, and client is permitted to retain promotable status
In re O-6, Army investigates Chief of Staff for counter-productive leadership and alleged violations of equal opportunity policy on race. After participating in the investigation through counsel, all allegations were unsubstantiated. Client has elected to put in for retirement after 38 years of service.
In re O-6, Army Medical Provider accused of sexual harassment / impropriety. 30 day summary suspension.
In re E-6, Navy served notice of intent to revoke security clearance. After submission of matters, E-6 maintained security clearance.
In re O-6, Air Force covers up misconduct of two Air Force Judge Advocates who made false representations to civilian courts in their capacities as legal counsel to alleged victims and later made defamatory statements that client was responsible for the death of his former spouse who committed suicide. Despite continued advocacy to the Air Force who took no action and found no wrongdoing, Firm persists in efforts to the state bar associations for the respective Air Force Judge Advocates.
In re E-5, Army removes squad leader from position for alleged adulterous and inappropriate relationship. Firm advised squad leader to accept disposition at nonjudicial punishment after conducting independent investigation and review of government’s evidence.
In re O-2, Army issues reprimand for driving under the influence of alcohol. After thorough submission, commanding general files reprimand in official file but does not direct separation.
In re E-5, Army removes section sergeant from position for violation of equal opportunity policy remark. Firm advised squad leader to accept disposition at nonjudicial punishment after conducting independent investigation and review of government’s evidence.
In re O-5, Army removes chief of department at medical facility for alleged toxic and counter-productive leadership. After participating in the investigation through counsel and submissions in defense, extenuation, and mitigation, officer is permitted to retire honorably as O-5
In re CW3, Army removes Special Agent from position and eventually revokes accreditation as special agent for allegations of violating equal opportunity policy regarding gender and race. Commanding general files reprimand in official record, but after board of inquiry, nearly every act of noticed misconduct was unsubstantiated, and CW3 is retained at a board of inquiry. Pending application to remove the letter of reprimand and for reinstatement of credentials.
U.S. v. E-5, Navy court-martials supply petty officer for allegations of larceny and wrongful use of government systems to procure property for personal use and not valid military appropriation. During special court-martial, E-5 found not guilty of all but larceny of one watch, not guilty to remaining four watches, not guilty to dereliction of duty (for initiating the order of NVGs and initiating the order of the watches). Sentenced to reduction to E-4, 30 days confinement, and no discharge. E-4 was retained in service and obtained his rank back after short time.
In re E-5, Navy removed petty officer from position due to allegations she sexually assaulted male service member and took video of him without his permission. Based on independent investigation and review of government evidence, Firm advised client to accept nonjudicial punishment. Upon information and belief, client demanded trial by court-martial, but the command initiated administrative separation instead.
In re O-4, Army removes officer from position after complaints of counter-productive leadership. Client participated in the investigation through counsel and submitted response to derogatory findings. After submissions and advocacy to command, client was able to retire honorably as O-4.
In re E-4, Air Force initiates investigation for abusive sexual contact of fellow airman. After advocacy and investigation by Firm, command initiated separation rather than pursue nonjudicial punishment or court-martial.
In re O-2, Army investigated officer for alleged inappropriate relationship with enlisted person. Officer had previously declined to participate in the law enforcement investigation wherein enlisted member had sexually assaulted her but made a statement it was consensual during the investigation. Command pursued an investigation against her, which, after submissions by Firm resulted in findings of no misconduct, lifting of flag, and no action taken.
In re E-6, Army investigated non-commissioned officer for delayed report of abusive sexual contact by former service member. Firm conducted independent investigation and provided multiple sworn affidavits undermining any wrongdoing by service member. Command pursued administrative action instead of court-martial, and member was retained and retired.
In re O-6, Army illegally fired regimental commander. Officer was investigated for counter-productive leadership. After submissions in response to the investigation, all derogatory findings were either removed in their entirety or edited to no longer reflect derogatory findings against client. Client did not receive reprimand, nor did client face elimination from service.
U.S. v. E-7, Army court-martialed platoon sergeant for alleged physical assault and sexual assault of platoon member and for making unrelated inappropriate jokes of a sexual nature. Client was acquitted of physical assault and sexual assault, but he was found guilty of making inappropriate sexual jokes. Client was reduced to E-6 but served no jail time and received no punitive discharge. Command is pursuing administrative separation of client, which we intend to fight to allow service member to continue to serve and eventually retire.
In re O-6, prior to Firm’s representation of client, Navy revoked medical credentials of service member and pursued elimination of medical provider who was accused of sexually assaulting intern and making inappropriate sexual remarks to her. Firm was hired to file a memorandum of deficiencies regarding the board’s findings. As a result of firm’s submission, Navy Personnel Command changed the characterization of client’s discharge to honorable and he was permitted to retire.
In re CW2, Army suspected pilot of wrongful use of opioids after hospital screen indicated use. After efforts by Firm, investigation was closed out unfounded and member has continued to serve and was reinstated as a pilot.
In re O-3, Army investigated officer for sexual assault of a former client and for inappropriate sexual behavior toward a former client. After efforts and investigation, law enforcement investigation was closed as unfounded regarding sexual assault. After being served reprimand with derogatory findings from an investigation into alleged inappropriate conduct toward former client, as per the submission by Firm, almost all of the reprimand’s language was removed and client received reprimand for low level behavior. Unfortunately, the command elected to file the reprimand in client’s official file. Client faces elimination and is pursuing representation by military counsel for that hearing.
In re CW4, Army accused property book officer of gross negligence by failing to login to property book system. BOI finds some misconduct occurred by preponderance and other misconduct did not. CW4 retained.
In re CW3, Army suspected warrant officer of wrongful use of narcotics. Investigation closed out with no action.
In re CW3, Army issued and officially filed reprimand to warrant officer for equal opportunity violations. Board of Inquiry determined no EO violation and retains. CW3 wins application to DASEB to move reprimand to restricted fiche.
In re O-2, Air Force removes officer from deployment for suspected inappropriate relationship. After submissions in mitigation, officer able to resign with honorable discharge after local reprimand.
In re O-4, Army suspends Battalion Executive Officer under allegations of toxic and counter-productive leadership. After participating in the investigation through counsel and submissions in extenuation, officer permitted a lateral transfer and to continue in career.
In re O-4, Air Force initiates debt for alleged unjust enrichment. After submission of application through finance and eventual DOHA application, client received debt forgiveness.
In re CW3, Army accused male client of an Equal Opportunity violations (racial slur and sexist language, and other offensive, political comments and social media posts). Board concluded some of the incidents had occurred but voted to retain.
U.S. v. SGT, Army accused client of sexually assaulting a female Soldier on multiple body parts while she allegedly pretended to be sleeping, of taking photographs of her without her permission, and of assaulting her. Client was fully acquitted of all charges.
U.S. v. SSG, Army accused client of wrongful use of controlled substances on multiple occasions. Military judge granted the defense motion to dismiss two of three allegations. Client was convicted of the remaining sole specification, but was retained and received no jail time. Client was sentenced to reduction in rank and hard labor without confinement.
In re CW4, Army reserve conducted command investigation that concluded property book officer was grossly negligent in the performance of duties and committed conduct unbecoming an Officer. Board retained CW4 and recommended unit transfer.
U.S. v. Chief, US Coast Guard accused client of sexually assaulting one women and one man, and of obstructing justice for intimidating the man. Defense successfully excluded surrounding circumstances of a third allegation of sexual assault by a separate female. After an eight-day trial, the military judge granted a mistrial when defense learned the government had provided the excluded evidence to the panel for deliberations. The government appealed the mistrial to the Coast Guard’s appellate court, and lost. Client was acquitted of sexually assaulting the man, and now they are precluded from re-trying him of sexual assault of the male. We anticipate the government will charge him again.
In re O-3, Army accused second time company command-select of physically assaulting one Soldier and one Officer (the XO), coughing on the food of a subordinate, and a litany of other allegations, and of conduct unbecoming an Officer. Of the eight allegations, board determined only one had occurred by a preponderance of evidence (tapping the XO on the shoulder to get his attention, which O-3 always admitted he had done). Officer retained and recommended unit transfer.
U.S. v. O-6, Navy accused Captain (and relieved CO) of conspiracy to violate federal law in alleged ethics violations, violating federal law regarding a privately owned business entity, misusing command position to gain private business interests, unlawful use of military aircraft, misuse of government communication systems (email), and of conduct unbecoming an Officer. After a three-day Article 32(b) hearing and the hearing officer’s report of No Probable Cause, the case was dismissed. Client was under investigation and UCMJ charges for more than four years.
In re O-6, Navy accused Skipper of conspiracy to violate federal law in alleged ethics violations, violating federal law regarding a privately owned business entity, misusing command position to gain private business interests, unlawful use of military aircraft, misuse of government communication systems (email), and of conduct unbecoming an Officer. After the General Court-Martial Convening Authority dismissed the UCMJ charges, PERS transferred the matter to a different General Show Cause Authority and initiated a board of inquiry against the relieved Skipper. The board of inquiry voted unanimously to retain. Navy O-6 retired as an O-6 with thirty years in service.
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://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://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.
U.S. v. E-7, Army accused of sexually molesting his stepdaughter for a period of approximately 7 years. Client was fully acquitted of all charges after defense presented evidence of substantial motive to fabricate and an evolving story by the complainant to more than 7 different witnesses. For more details, please read this blog post: https://ucmj-defender.com/what-my-client-taught-me-for-military-justice/
U.S. v. E-4, Army accused of forcible rape of civilian female he met on Tinder. The day of trial, the government dismissed the charge, and our client will leave service under administrative discharge. Client had already been convicted of civilian sex offense, which we successfully litigated to exclude from our trial. Defense also won a motion to include the client’s and the complainant’s prior sexual history together. Defense also filed a motion pursuant to M.R.E. 412 involving the complainant’s prior history as a prostitute and her prior lie of denying her history of being a prostitute, and though not litigated, was an important leverage tool at securing dismissal.
In re O-4, Army client faced notice of intent to revoke his security clearance. Our response resulted in the client maintaining his security clearance. Grounds for notice included a prior DUI arrest and conviction, his omission and untruth about his criminal history in the scope of the security clearance reapplication, and an investigation for, GOMOR for, and referred OER for a sexual assault investigation and “founded” CID case.
U.S. v. E-7, Navy accused of sexually assaulting a female trainee subordinate. After a lengthy investigation and our representation, client is not facing charging at all and has retired from the Navy.
U.S. v. O-3, Army accused of sexually assaulting female civilian by substantial incapacitation. Client was convicted and sentenced to three years confinement. Appeal is pending.
U.S. v. E-6(P), Navy accused of sexually assaulting female Sailor. After a lengthy investigation, case was closed unfounded, and client will not face charging at all.
U.S. v. E-5, Accused accused of soliciting a prostitute as part of a “sting” by the local civilian jurisdiction. Client departed the Army with his honorable discharge in hand and is not being subjected to any military processes whatsoever.
In re E-8, USAR accused of sexual harassment of USAR O-5 received a GOMOR. After submission of our rebuttal, GOMOR is being filed locally and client will pin E-9.
In re O-4, Navy accused of maltreatment of subordinates and creating a hostile working environment as XO. Client will retire as O-4.
U.S. v. E-5, Army accused (married) of forcible rape and abusive sexual contact of female subordinate wit whom he was playing drinking games in her barracks. Accused spoke with military law enforcement for more than 9 hours, including an encounter with a polygrapher and made several admission. Acquitted of forcible rape but convicted of sexual contact (hand to vagina without consent). Sentenced to reduction to E-1, 2 years confinement, and bad conduct discharge.
In re E-5, Army accused of committing plagiarism while a student at DLI, lying to his superiors, violating the policy on fraternization (for sexually harassing initial entry students), and failing to report on time on multiple occasions. Client faced administrative separation with an Other Than Honorable characterization of service, but will separate instead with a General under Honorable conditions discharge.
U.S. v. E-3, Navy accused of conspiracy to commit drug distribution, drug distribution of multiple drugs including MDMA and cocaine, for wrongful use of MDMA and cocaine, and for making multiple false statements to military law enforcement. After the Article 32(b) preliminary hearing, the hearing officer recommended dismissal of several of the offenses and we brokered a deal that included no conviction, no jail time, no restriction, and no punitive discharge. Client left the Navy with a General under honorable conditions discharge.
U.S. v. E-7, Army accused of sexual assault and fraternization ends case before trial with dismissal of all sexual assault allegations and non-judicial punishment for fraternization alone. The Preliminary Hearing officers report outlined no probable cause for any sexual offenses. Even though the government is not bound by the report, the government wisely opted in to not pursue court-martial.
U.S. v. CW3, Army accused of failing to follow appropriate procedures and regulations regarding a fellow pilot and for contributing to a hostile working environment. After a lengthy investigation, client was cleared and returned to full status.
In re 1SG, Army accused of inappropriate behavior and touching a subordinate in a sexually suggestive manner, was temporarily relieved of his responsibility and received a general officer memorandum of reprimand. After rebuttal efforts, 1SG was reinstated to his position and the remainder of the reprimand was filed locally, permitting him to continue in service and eventually to retire.
U.S. v. E-5, Army fully acquitted in 24 minutes of aggravated assault (by strangulation), assault consummated by a battery x 2, unlawful entry x 2, and destruction of private property. Defense investigation revealed circumstantial evidence that the client had been surreptitiously drugged by a local national. Though client apparently committed the alleged underlying misconduct, the panel’s findings affirmed that client was not responsible for his actions by virtue of a rarely pleaded defense of involuntary intoxication. For details, please see this blog post.
U.S.v. v. E-3, Navy accused of using and distributing drugs to fellow members of his ship. Client hired firm to negotiate most favorable pretrial agreement and to handle his guilty plea. Client’s sentence was for 90 days confinement and reduction to E-1.
U.S. v. O-4, Army accused of sexually assaulting a female resident while he served as her medical attending. After a lengthy investigation, client did not face criminal prosecution but did face administrative elimination in a board of inquiry. Despite raising multiple legal errors, client was administratively separated from service; appeals to the Surgeon General regarding medical licensure matters persist.
U.S. v. E-4, AF fully acquitted of sexual assault allegations (all of the two specifications) during a general court-martial. Originally, client was facing allegations by two separate women from separate occasions. After Client’s statement to AFOSI was suppressed, defense moved to dismiss all evidence that stemmed from the statement, including among other evidence, all contents of his cell phone. Government had located the second complainant from the cell phone and dismissed the allegations pertaining to the second complainant. Requested and received multiple favorable instructions from the military judge to the panel, including an instruction that as a matter of law, the complainant had capacity to consent. Client will leave the service as originally scheduled and desired with honorable characterization of service.
U.S. v. MAJ, Army faced allegation of sexual assault by another service member. After complainant refused to testify (and face cross-examination), client received a general officer memorandum of reprimand. After submitting extensive evidence in rebuttal matters, general revoked the reprimand.
U.S. v. E-7, Army faced allegation of sexual assault against his former paramour and mother of his child. After providing a sworn statement THROUGH COUNSEL to military law enforcement and other evidence, including receipts, emails, and text messages, prosecutors opted not to charge client at all. Client was also not titled by military law enforcement, his flag was lifted, and he will continue in his career.
U.S. v. E-4, AF faced allegation of sexual assault by the spouse of a co-worker airman. Forensic evidence revealed the allegation to be false, but messages retrieved from Client’s cell phone indicated a desire to pursue a consensual sexual relationship. Client received an LOR for misconduct other than sexual assault.
U.S. v. E-5, Army faced allegation of sexual assault by female co-worker including unwanted sexual touching. Based on text messages retrieved from Client’s cell phone, Client elected to pursue a pretrial agreement that guaranteed no punitive discharge and no sexual offender registration. After negotiating the successful terms, the firm withdrew from representation and allow military counsel to handle the plea.
U.S. v. CW2, Army faced allegation of sexual assault by estranged wife. After 18 month investigation and evidence provided by the firm to the prosecution’s office, they declined to prosecute and Client was not titled with sexual assault. Government instead opted to issue a general officer memorandum of reprimand for alleged misconduct less than sexual assault, and the decision to file in the official record after responding in rebuttal is still pending.
U.S. v. E-6, Army faced investigation for a fraudulent PCS travel voucher. Prior to speaking with counsel, Client confessed to military law enforcement that he had knowingly claimed dependents that did not travel with him during the PCS move. The firm successfully negotiated with the command to pursue only a non-punitive local letter of reprimand and to permit Client to retire.
U.S. v. E-6, USMC faced elimination at an other than honorable separation board. Board concluded findings of two of three instances of misconduct based only on admissions Client was alleged to have made to military law enforcement. Board recommended Client receive an honorable discharge.
U.S. v. E-8 (First Sergeant), Army E-8 initially accused of sexual assault but faced special court-martial for adultery with the wife of his subordinate and 2 additional specification (alleging multiple acts) of Article 134, conduct to the prejudice of good order and discipline and service discrediting. Officer panel convicted E-8 of adultery and some of the acts contained in the other Article 134 specification. E-8 was sentenced to be reduced to E-4. No confinement, no punitive discharge.
U.S. v. E-5, AF E-5 faced charges of kidnapping a child (not his own – 17 years old) from a city bus stop and keeping her in his home and sexual assault x 2. AF E-5 had a prior incident where he was given an LOR for communicating with a 15-year old girl in a sexual manner. Through pretrial motion practice, defense kept out the prior interactions with the 15-year old girl. AF E-5 was acquitted of kidnapping and acquitted of sexual assault x 2; AF E-5 was, however, convicted of a lesser-included offense of assault consummated by a battery for a touch on the leg. AF E-5 was sentenced to be reduced to E-4 and 20 days confinement.
U.S. v. O-3, Army O-3 made to show cause why O-3 should continue to serve based on an underlying General Officer Memorandum of Reprimand for falsifying a physical fitness card and making misleading statements to the investigating officer. By pointing out the insufficiencies in the investigating officer, including material irregularities in the evidence, and pointing out motivation for those with access to have created the fictitious card, respondent was found to have committed no misconduct and accordingly was retained on active duty. Army O-3 will next use our services to apply to the DASEB to remove the GOMOR based on the injustice of its filing. The board president pledged to provide a memorandum in support of removing the GOMOR from Army O-3’s OMPF.
U.S. v. E-5, Army E-5 faced general court-martial charges of making false official statements x 3 and for larceny of BAH and CONUS COLA. Army E-5 was acquitted of making 2 of the 3 false official statements and acquitted of larceny of CONUS COLA. Army E-5 was sentenced to be reduced to the grade of E-3, to be confined for 7 months, and a bad conduct discharge. During the course of the trial, the military judge overruled several defense objections that permitted irregular documentation to be taken into evidence; appeals are pending.
U.S. v. O-3, Army O-3 was pending elimination at a BOI for allegations of adultery with the wife of a subordinate, for conduct unbecoming, and for creating a hostile working environment for that subordinate. The board president that was originally appointed had personal knowledge of the allegation and admitted that he trusted the word of the Officer that told him that the O-3 had committed the misconduct. I challenged the member but the next senior Officer on the board denied my challenge. In his answer denying the challenge, I denied that member as well. The next senior member denied my challenge of the second member and then I renewed my challenge of the president to the junior member, who was the only unchallenged member. The junior member sustained my challenge of the president and a new member was appointed to replace him. The board had also been scheduled on a date that the detailed military counsel was not available due to court-martial appearance but the board went forward despite our objections. We presented thirty pieces of substantive documentary evidence, including evidence that the subordinate engaged in an “open marriage” and a swinging lifestyle with his spouse. After uncovering and presenting ironclad evidence that the subordinate had issues of credibility, the board found no misconduct. O-3 was retained in service.
U.S. v. O-4, Army O-4 was accused of sexually assaulting the nineteen year-old daughter of a fellow military school classmate while she was too intoxicated to legally consent, for providing her intoxicating liquor, and for conduct unbecoming. Defense filed multiple motions that raised procedural error including that a favorable recommendation by the Article 32(b) hearing officer was not reported to the convening authority, resulting in the government’s dismissal of the affected specification. Defense also filed a motion to admit evidence of the complainant’s sexual behavior toward the O-4 from the night in question and her sexual behavior toward other males at the club that night. Armed with favorable rulings, defense was able to paint an accurate picture of the complainant’s behavior. Defense also presented expert testimony concerning reconstructed memory to successfully argue that when the complainant awakened the next morning with disjointed recollection of events and regretted her decision, she came to the faulty conclusion that she must have been sexually assaulted and filled in memories to support her conclusion. O-4 was acquitted of sexual assault and conduct unbecoming, but convicted of providing her intoxicating liquor. O-4 was sentenced to forfeit some pay and to a reprimand.
U.S. v. O-3, Army O-3 was pending command action for an investigation that he had engaged in an adulterous affair with an E-4 subordinate from his command. The O-3’s estranged O-3 spouse provided “evidence” to his command of the affair. Defense investigation revealed that the messages that purported to have been transmitted between O-3 client and E-4 were a complete fabrication by the O-3 estranged spouse. Command took no action against O-3 client, lifted his flag, which enabled him to apply for a career-enriching military school that accepted him.
U.S. v. E-7, USMC–E-7 was originally charged with multiple specifications of sexual assault (by bodily harm and by placing in fear) of an E-2 while both were serving on duty. E-7 was also charged with sexually harassing the same E-2, with sexually harassing one additional E-2, and with sexually harassing an E-3. E-7 was also charged with fraternizing with the two E-2s. E-7 pleaded guilty to the one specification of fraternizing with one E-2 for having consensual sexual intercourse with her when she claims she was sexually assaulted. Defense investigation uncovered two witnesses who overheard the E-2 who was claiming sexual assault refer to their sexual encounter as consensual in a laughing and joking manner. Defense investigation also found a witness who overheard the E-2 tell her friends that she “just made it up to avoid getting in trouble”. This E-2 claimed that she did not resist the sexual advances of the E-7, say no, or fight back at all because she was afraid of him as a senior NCO. Defense uncovered evidence that this E-2 flirted multiple times with a different senior NCO and that the night of the alleged assault she flirted with a man whom she believed to be a senior NCO. Despite the defense’s evidence, the government went forward to general court-martial. At trial, E-7 was fully acquitted of sexual assault and sexual harassment. The panel convicted E-7 of one specification of fraternization. The retirement eligible E-7 was reduced to E-5, confined for 60 days, and restricted for 30 days. Now an E-5, he can retire after more than 20 years of service in the USMC.
U.S. v. O-5, USA – O-5 was originally investigated at a previous duty station for sexually assaulting a patient during the scope of an allegedly fraudulent medical exam by touching her areolas and clitoris. After a hospital command investigation and an Army CID investigation, the command declined to prosecute him and instead the commanding general issued him a general officer memorandum of reprimand, which he filed in the O-5’s official personnel file. O-5 made a PCS move to a new duty assignment and continued to see patients. The reprimand triggered a board of inquiry to determine of the O-5 should continue with service. O-5 fought hard at the board and the board concluded no misconduct had occurred. While awaiting the final action from the board, the chief prosecutor of the new duty station decided his office should recommend prosecution at a court-martial for the almost 5-year old accusation of sexual assault from the previous duty station. O-5 hired Ms. Stewart to fight the accusations at court-martial. After litigating multiple motions to dismiss for violations of due process for oppressive pre-preferral delay, O-5 was fully acquitted at trial of multiple specifications of sexual assault and O-5 was fully acquitted at trial of multiple specifications of conduct unbecoming an officer and a gentleman. O-5 will continue to serve out his time until he chooses to retire un-impacted by the accusations, his medical license in tact and his ability to practice medicine unencumbered.
U.S. v. E-7, USA – E-7 was charged with raping an Army E-6 and forcibly sodomizing the E-6. E-7 was acquitted of every offense from the charge sheet, but was convicted of one lesser-included offense that the military judge instructed on. E-7 was reduced to E-5 and confined for 60 days.
U.S. v. E-6, USAF – Ms. Stewart represented this E-6 in two separate court-martials. In her first court-martial, E-6 was charged with three separate specifications for having three separate unprofessional relationships with trainees when she was their training leader and for making a false official statement to AFOSI during the investigation. During pretrial litigation, Ms. Stewart suppressed E-6’s statement to AFOSI for their blatant disregard of E-6’s rights. The prosecution was forced to dismiss the specification of false official statement before trial. The military judge also granted Ms. Stewart’s pretrial motion to preclude the government prosecutor from asking any questions about false statements to AFOSI of the defense’s good military character witnesses. Finally, the military judge denied the government’s motion to preclude the defense from raising the defense that one of the airman trainees was trying to shield other airman from his homosexual activities by inventing a sexual relationship with E-6. At the first trial, a general court-martial, E-6 was fully acquitted of all three specifications.
Immediately after her court-martial acquittal, E-6 was given immunity and an order to cooperate in the investigation of a fellow female training leader. E-6 cooperated and provided information to prosecutors about information she had about the other female training leader. E-6 was forced to testify during the other female training leader’s court-martial. The other female training leader was convicted and sentenced, but her sentence did not include any jail time or punitive discharge. The government used the information E-6 had provided them to charge the other female training leader again and leveraged a discharge in lieu of court-martial against the other training leader. Soon after the other female training leader’s second court-martial was settled, the government gave the other female training leader immunity and an order to provide information concerning E-6. From the information the other female training leader gave prosecutors, E-6 was charged with one specification of unprofessional relationship with one different trainee airman while she was his training leader.
When her commander called her in to read the charge to her, he quipped that “this time” she “wouldn’t be able to handle that fancy attorney”. E-6 looked her O-5 commander in the eye and said, “I won’t go to court without her.” The government had hoped they would be able to leverage a discharge in lieu of court-martial and that E-6 would quietly surrender. Instead, E-6 hired Ms. Stewart to defend her.
Ms. Stewart had realized early that the government made a critical flaw in their charging decision and that they had only charged E-6 with having an unprofessional relationship during the time that both the trainee and she were in the same command, which amounted to 1 day of alleged misconduct. The military judge agreed and was not going to let the government prosecute her for any conduct other than the single day of alleged wrongdoing. The government opted to dismiss the charge and prefer anew. The government had already flown witnesses from Afghanistan and Italy for trial, and they believed they would be able to have the trial the following day. Ms. Stewart reminded the prosecutors that since they were post-arraignment, E-6 would have to consent to the joinder of the offenses and that E-6 would not. As a result, the case was continued for several months. During the recess, E-6 explained the procedural background of the case that the government had omitted from the packet: that the other female training leader’s prosecution was that they had secured her discharge with information obtained from E-6’s grant of immunity. Ms. Stewart began preparation of a nearly thirty-page motion to dismiss E-6’s second court-martial under violations of E-6’s privilege of self-incrimination. After reading the motion and the hundreds of pages of attachments, the government dismissed the charge against E-6 because they realized they had violated her rights and that it was not possible to prosecute her ever again. E-6 left active service voluntarily; her discharge was honorable. E-6 has since joined the reserve component.
U.S. v. E-6, USN – E-6 was charged with burglary, sexual assault by grabbing her breasts and vaginal area, and with cruelty and maltreatment of his subordinate E-4 during a deployment. E-6 hired Ms. Stewart early in the process, while NCIS was still conducting its investigation. Ms. Stewart conducted a thorough interview of the E-4’s roommate who provided evidence that the E-4 had consented to sexual activity. The roommate testified at the Article 32(b) and much of the wind was let out of the government’s sails. But the prosecution persisted and even with the consent defense, the greatest risk was a conviction for the lesser-included offense of unlawful entry since there was no evidence that anyone provided E-6 permission to enter the quarters. After litigating multiple motions including a robust motion pertaining to other sexual behavior of the complaining witness, the government approached the defense with a proposal that E-6 plead guilty to an assault consummated by a battery and for unlawful entry, both at a misdemeanor level, and without any waiver of an administrative separation board. After much deliberation and internal debate, E-6 elected to plead guilty to avoid any possibility of sexual offender registration, federal conviction, and a true shot at being retained in the service. E-6 was sentenced to reduction to E-4, confinement for 45 days, and restriction for 45 days. E-6 was retained in the service.
U.S. v. E-6, USA – E-6 was investigated by Army CID for larceny of government property. E-6 hired Ms. Stewart early during the investigation. Ms. Stewart assisted E-6 in providing a statement to law enforcement concerning the origin of the scope at issue in the investigation. Ms. Stewart advocated to the command that E-6’s only culpability was in accepting a gift from a contractor in theater after the stranger learned of E-6’s heroism in battle. E-6 ultimately received a letter of concern, filed locally, that has had zero impact on E-6’s service or career.
U.S. v. E-6, USN – E-6 charged with larceny of government property andreceipt of stolen property for stealing TV and other electronic equipment from the unit and currency from gift cards that were acquired from returning government property to commercial stores. Unfortunately, E-6 waived his rights and gave several statements to NCIS and admitted that he was aware that the items the supply NCO was providing him were government property and that he knew the gift cards came from the refunds of government property. After fully contesting the charges, E-6 was convicted of larceny, acquitted of receiving stolen property, but sentenced to be reduced to E-1, a bad conduct discharge, and a fine of $2300 and if the fine was not paid, then 45 days confinement.
U.S. v. Cadet, USAF – Cadet was charged with one specification of sexual assault of a fellow cadet. The complainant’s sworn statement and her Article 32(b) testimony did not articulate a sexual assault; she articulated facts and circumstances that indicate consent, no matter what she claimed she was thinking at the time of the sexual activity. After Cadet and complainant flirted over instant messaging, complainant came to Cadet’s room after taps; after entering the room, the two began to kiss and complainant interrupted the kissing to ask if Cadet had locked his door. Cadet locked the door, and they resumed kissing; complaining interrupted to ask if Cadet had a condom. Sexual activity ensued including the changing of position at the behest of complainant. Despite complainant’s outward consent, she claimed that she did not want to have sexual activity with Cadet. Cadet hired Ms. Stewart early during AFOSI’s investigation. During a defense interview of a fellow cadet, Ms. Stewart learned that the complainant was instant messaging this other cadet within one hour of the sexual activity with Cadet; Ms. Stewart acquired the messages, and in these messages, complainant told her fellow cadet that she would never file charges against Cadet because “it was not like he ever heard me say stop” because “he was just so into it.” Complainant cried during a break after being confronted with her words to her fellow cadet. The general dismissed the charge and its specification, and cadet graduated with his class, and was commissioned into service.
U.S. v. O-3, USA – O-3 was pending command investigation for adultery. O-3 hired Ms. Stewart to represent him to facilitate him providing a statement to the command in the hopes of securing the lowest possible consequence to the characterization of his service. O-3 was pending normal termination of service at the time the investigation began. Ms. Stewart was able to facilitate general officer non-judicial punishment and O-3 was permitted to leave service with an honorable characterization of service.
U.S. v. E-4, USA – E-4 was charged with wrongfully possessing child pornography on multiple digital devices. Federal law enforcement noted known images of child pornography associated with a given user’s LimeWire account and traced the IP address back to E-4’s household. E-4 resided with a spouse and a teenage stepson, both who claimed no knowledge of child pornography. E-4 declined to make a statement. The Article 32(b) revealed the digital forensic exam of the digital devices was less than thorough but did note nearly contemporaneous logins to E-4’s online college courses. E-4’s spouse emigrated from Russia and the logins associated with the acquiring of the child pornography was traced to her and the images were obtained from Russian sites. Most of the images depicted Russian females the same age as the teenage stepson. E-4 elected to plead guilty in exchange for a sentence cap of no more than fifteen months.
U.S. v. E-2, USA – E-2 was charged with the premeditated murder of a fellow E-2, who was his friend. E-2 was also charged with resisting arrest, larceny, and failing to remain at his place of duty. E-2 was found with the car keys of the decedent, the room key of the decedent, and law enforcement found a knife among E-2’s possessions that contained E-2’s fingerprint on the handle and the decedent’s blood on the shaft of the blade. Defense challenged the nature of the weapon as the “murder weapon” by introducing expert testimony from a forensic pathologist who attested that the nature of the injury was not likely originating from the knife the government touted as the “murder weapon”. Defense also challenged the thoroughness of the investigation and noted multiple opportunities of DNA contamination by military investigators. Ultimately, E-2 was convicted and sentenced to life without eligibility of parole.
U.S. v. CW2, USCG – CW2 was investigated by NCIS for sexually assaulting two female civilian spouses by allegedly groping them on the breast and vaginal area at an off-base drinking establishment. CW2 contacted Ms. Stewart early in the investigation and Ms. Stewart advocated to the command representatives for a favorable outcome. Ultimately, CG prosecutors recommended to the command, at Ms. Stewart’s urging, to give CW2 admiral level NJP for assault consummated by a battery. CW2 was reprimanded, restricted to limits for a period of time, and required to forfeit some pay.
U.S. v. E-4, USA – E-4 was investigated by Army CID for rape after a third party reported E-4. The third party represented to Army CID that a female civilian had confided in him that E-4 had raped her while they were dating. Female civilian declined to make a statement at all and insisted that law enforcement were harassing her by continuing to try to investigate the matter without her cooperation or consent. Third party and E-4 had a history of animosity and third party had a previously substantiated Equal Opportunity investigation against him; third party blamed E-4 for his EO violation. After much advocacy by Ms. Stewart, Army CID declined to substantiate the allegation and Army prosecutors declined to prosecute E-4. E-4 was permitted to continue in his military service.
U.S. v. E-6, USA – Special Forces E-6 was investigated by Army CID for rape of a female interpreter in Afghanistan after a third party initiated the investigation, claiming that the female interpreter had informed him of the rape. E-6 hired Ms. Stewart early during the investigation stage. After a command investigation into alleged GO1 violations concerning alcohol and the Army CID investigation into sexual assault, Army CID unsubstantiated the rape allegation and E-6 was found innocent of any GO1 violation. E-6 continued to serve.
U.S. v. E-7, USA – Special Forces E-7 was investigated for patronizing a prostitute during the Summit of the Americas in Colombia during the Presidential security mission. Prior to hiring Ms. Stewart, E-7 turned down NJP for said behavior and wanted to go to court-martial. After the prosecution was able to track down the prostitute and a fellow Special Forces Soldier provided a statement against him, E-7 asked Ms. Stewart to negotiate the best possible outcome for him. Ms. Stewart negotiated an offer of NJP for violating a policy in that once he learned that she was a prostitute, he did not break contact with her.
2007 – 2010
U.S. v. E-3 – Discharge in lieu of court-martial; possession of child pornography
U.S. v. E-4 – Discharge in lieu of court-martial; disobey lawful order of superior officer x 2, strike superior officer, disobey lawful order of NCO x 2, willful disobedience of lawful order, AWOL
U.S. v. E-2 – red to E-1, restriction for 45 days to post; acquitted of burglary and aggravated sexual assault, guilty only of unrelated drunk on duty; post-trial disapproval of findings and sentence and post-trial Article 15 for FTR
U.S. v. E-1 – assault upon an NCO, wrongful use of MDMA, divers FTR, larceny, violation of lawful order of superior commissioned officer, AWOL
U.S. v. E-5 – red to E-1, confinement for 4 months; charged with larceny, aggravated assault, assault consummated by a battery, burglary, and conspiracy; found guilty of assault, unlawful entry, and conspiracy and acquitted of greater offenses of aggravated assault and burglary
U.S. v. E-4 – red to E-3, 60 days confinement; willful disobedience of superior officer, missing movement; post-trial Chapter 10 approved
U.S. v. E-4 – red to E-1, confinement for 15 months and BCD; possession of child pornography
U.S. v. E-4 – convicted pursuant to his pleas of AWOL x 2, FTR, wrongful use of marijuana x 2, domestic assault, and acquitted of aggravated assault with a loaded weapon; red to E-1, confinement for 10 months, and BCD
U.S. v. E-3 – red to E-1, confinement for 8 months and BCD; attempted murder/ violation of regulation (weapon on post)
U.S. v. E-8 – reprimanded, red to E-7, and confinement for 3 months; fraudulent claim, larceny, and conspiracy (BAH larceny)
U.S. v. E-2 – confinement for 4 months and BCD; desertion terminated by apprehension
U.S. v. E-2 – red to E-1, hard labor w/out confinement for 2 months and restriction to Fort Hood for 2 months, and to be reprimanded; 2-year AWOL; NG of desertion
U.S. v. E-4 – red to E-1, confinement for 120 days; carnal knowledge of child between 12 and 16
U.S. v. CW2 – to forfeit all pay and allowances, to be confined for 14 years, and to be dismissed from the service; indecent acts with a step-child, possession of child pornography, surreptitiously video-recording step-child and her friend in the nude; dismissed carnal knowledge and rape of biological child
U.S. v. E-1 – to be confined for 5 months and BCD; assault of superior commissioned officer with a knife; divers FTRs; weapons violation
U.S. v. E-5 – red to E-1, to forfeit $933 pay per month for 5 months, to be confined for 5 months, and BCD; AWOL x 2
U.S. v. E-5 – red to E-3, to forfeit $500 pay per month for 1 month, to be confined for 45 days; AWOL x 1; wrongful use of marijuana x 1
U.S. v. E-3 – red to E-1, total forfeiture of all pay and allowance, to be confined for 36 months, and DD; FTR x 2, false statement, impersonating an officer, wrongful wear of tabs, desertion x 1, kidnapping hoax**
U.S. v. E-1 – to forfeit all pay and allowances, to be confined for three years, and BCD; forcible sodomy of a male
U.S. v. E-1 – to forfeit all pay and allowances, to be confined for five years, and DD; kidnapping of a two-day old baby from a hospital**
U.S. v. E-4 – to be confined for six months and DD; aggravated sexual assault of a child and sodomy of a child
U.S. v. E-5 – red to E-1, to forfeit all pay and allowances, to be confined for 36 months, BCD; indecent acts with a child x 4
U.S. v. E-5 – red to E-1 confinement for 6 months and BCD; aggravated sexual assault of a child, adultery, and false official statement
U.S. v. E-4 – red to E-1, total forfeitures, confinement for 20 years, and BCD; premeditated murder charge but found guilty of unpremeditated murder
U.S. v. E-6 – red to E-4, to be confined for 179 days, to perform hard labor w/out confinement for three months, and to be restricted to Fort Hood for two months; pursuant to his pleas, he was convicted of domestic assault and breaking restriction and contrary to his pleas, he was found guilty of violation of no contact order, stalking, and obstructing justice; he was acquitted of wrongful communication of a threat and indecent assault
U.S. v. E-3 – red to E-1, confinement for 10 months and BCD; AWOL x 4, FTR x 2, larceny, wrongful use of cocaine, wrongful use of marijuana, willful disobedience of superior NCO
U.S. v. E-4 – 2-year AWOL; red to E-1, forfeit $933.00 pay per month for five months, five months confinement and 60 days hard labor
U.S. v. E-3 – full acquittal on domestic aggravated assault (stabbing) and assault charges, violation of no-contact order
U.S. v. E-5 – red to E-1, confinement for 9 months and BCD; AWOL x 2, divers FTR, wrongful use of drugs x 7
U.S. v. E-3 – red to E-1, confinement for 11 months, BCD; AWOL x 2; unlawful entry, wrongful use of marijuana
U.S. v. E-7 – red to E-6, hard labor without confinement for 60 days and reprimand; charged with dereliction of duty x 2, cruelty and maltreatment x 3, false official statement x 2, assault consummated by a battery x 3, obstructing justice x 1; client acquitted of 8/11 specifications
U.S. v. E-3 – red to E-1 and confinement for 4 months; acquitted of child abuse x 2, dismissed charge of domestic assault consummated by a battery, guilty of adultery only
U.S. v. E-4 – original GCM charges were assault consummated by a battery upon a child (infant), assault consummated by a battery, driving while intoxicated, intentionally fleeing a peace officer, reckless endangerment, endangering a child; government withdrew and referred only two specifications to a summary court-martial
U.S. v. E-4 – original charges of rape and forcible sodomy were amended to assault consummated by a battery and were referred to a summary court-martial after my representation at the Article 32(b) investigation
U.S v. E-7 – charges dismissed week prior to trial after conducting deposition in Iraq and providing exculpatory evidence to the government; larceny of credit card and larceny of Turkish carpets
Prosecution Experience in Sexual Assault Cases:
In order to understand how to dismantle a case, it is vital to know how to build a case. Ms. Stewart prosecuted Army sexual assault cases for more than four years. Her record for prosecution is unparalleled and her “records” for non-homicide life without parole sentences stands today.
2005 – 2007 Sample of Cases
U.S. v. E-5 – conviction on indecent acts with a child; red to E-1, 4 months confinement and BCD
U.S. v. E-4 – conviction on indecent acts with a child; red to E-1, BCD
U.S. v. O-6 – conviction on 26 specs sex harassment/ sex assault of nine victims; confinement for 36 months and dismissal from service **
U.S. v. E-5 – conviction on child sex offender; red to E-1, 6 months, and BCD
U.S. v. E-2 – conviction on sex assault/ attempted murder; 20 years confinement and DD
U.S. v. E-2 – conviction on sodomy with a child, indecent acts; 30 days confinement
U.S. v. E-4 – conviction on sodomy with a child, indecent acts; 30 days confinement
2010 – 2012 Sample of Cases
U.S. v. E-5 – conviction on aggravated sexual assault of a child, sodomy of a child x 2, indecent acts, indecent language; red to E-1
U.S. v. E-5 – conviction on soliciting a minor for sex, indecent language; red to E-1, 18 months confinement and BCD
U.S. v. E-5 – conviction on rape of a child, sodomy with a child x 3, indecent acts; red to E-1, total forfeitures, LWOP, DD *
U.S. v. E-5- conviction on rape of a child, sodomy with a child x 2, indecent acts x 3; red to E-1, total forfeitures, LWOP, DD *, **
U.S. v. E-4 – conviction on aggravated sexual contact and abusive sexual contact x 2; red to E-3 and 60 days confinement
* Only non-homicide LWOP sentences in the history of the Army JAGC
Past results are no guarantee for future results. Every case is different.