U.S. v. Army O-3 – Bagram Afghanistan/Fort McNair, Washington D.C.

Allegations: Rape x 2 Specifications, Adultery, Violation of a Lawful General Order
Max Punishment: LIFE IN PRISON, Dismissal, Sex offender registration
Result: NOT GUILTY OF ALL CHARGES
Discharge: NONE
Location/Branch/Rank: Bagram Afghanistan/Fort McNair, Washington D.C./Army/O-3

Summary: 

We fought this case and won a full acquittal. Our client was falsely accused of violently raping a female O-3(P), the aide to a 2 Star General on the fast track to General, while in Afghanistan. The alleged rape was reported the next morning at the medical clinic. IMG_4303The “victim” was a lying sociopath and we exposed her on the witness stand. She was also a veteran SARC (Sex Assault Response Coordinator) and a victim advocate.

Although she reported the next morning, this is where her problems began. She deleted emails, social media posts, and text messages, thinking that they could not be recovered. She was wrong. Our client hired us immediately after being accused (and he did not talk to investigators). We then recovered emails, texts, and social media posts that showed that this BS victim was lying.

We exposed some of this evidence to the prosecution, hoping that they would do the right thing and drop the charges. They did the opposite. They used the information that we provided to educate the lying victim and her lawyer.

The victim again changed her story to explain away the damning evidence. This “victim” was very intelligent (the Army is currently paying for her Master’s degree at Columbia University in New York), charming, and conniving, like most sociopaths.

Cross-examining an expert liar, like her, can be a challenge, but Mr. Waddington used her arrogance to destroy her on the stand. The defense also showed that she went to the clinic to get STD and Plan-B anti-pregnancy medicine because, in Afghanistan, it is a crime for soldiers to have sex. Admitting to having sex could ruin her career. As a SARC, she knew that she could get medicine by claiming rape.

Mr. Waddington and his bulldog co-counsel, CPT Patrick Sandys, suspected that the prosecutor and the SVC (special victim counsel) would likely double cross us, so we set a trap. We selectively exposed some, but not all of the text messages and social media that we had recovered. In the end, this “victim” perjured herself on the stand. But we had already set her and the unscrupulous prosecutors up. Once we locked her in her lies, we then revealed the additional evidence and demolished this liar in an ambush attack.

RESULT: NOT GUILTY OF ALL CHARGES.

For the first time ever, we included our client’s review on our results page. Here it is:

Micheal Waddington is hands down the best of the best! Selecting Micheal to represent me at my recent court martial was one of the best decision I could have made. Earlier on in my year long journey Micheal and his exceptional staff reached out to CID informing them that I represented and to leave me alone.

Micheal work diligently on my case developing case strategy, gathering evidence and filing critical motions which would eventually lead to my full acquittal of several specifications of Article 120, 134 and 92 charges.

Being tried at general court martial is one of the scariest things I have ever done in my life. Regardless of the evidence in the case the government is coming after you and you are in a fight for your life. Forget the innocent until proving guilty, I’m telling you from experience that you are Guilty until you can prove your innocent. Anyone that tells you any different has probably never faced 60 years, separation from their family and a complete erase of over a decade of exceptional service to their country. You are Guilty until you can prove that your innocent and that’s the bottom line! The government has unlimited resources and if you’re facing a sexual assault trail, then the alleged victim has at least three lawyers free of charge at his/her disposal. The Special Victim Counsel, Trial Counsel and the very vicious Special Victim Prosecutor. You my friend have a Trail Counsel whom you will only get assigned after charges have been preferred against you.

So much can go wrong for you during the investigation, charges being preferred and being assigned a trial counsel. As I stated earlier Micheal contacted CID special agents and advised them to leave me alone, with a good lawyer you wont be hounded by CID Agents who claim they want to help. CID is not your friend and they have absolutely no other desire than to aid the government’s team of lawyers in gathering information to convict you.

You need a Lawyer, I will warn you however that not all lawyers are equal and sometimes you get exactly what you pay for. If you are facing serious criminal charges than you need a lawyer that has the experience in dealing with such manners. If you are facing a sexual assault allegation there is a 95% or better chance that you are going to trail. I’m sorry to break the news to you but get it in your head I’m in a fight for my life and I’m going to trial. You need a lawyer that has tried cases to verdicts with successful results.

I’m telling you from months of research, that Micheal Waddington is the best lawyer that money can buy. If I had to do it all over again I wouldn’t trust my life in the hands of no one other than Micheal Waddington. At trail Micheal meticulously exploited all of the weaknesses in the government case. Micheal took the fight to the government and after cross examination of the first witness, he had to government in a defensive posture. At the end of the first day of my trail Micheal was so effective that the government was attempting to offer plea deals, I watched him laugh in their face!!!!

The second day I testified and was well prepared as a result of Micheal preparing me. Then came the scariest 3 hours of my life after the SVP made me look like the worst person that ever walked the planet, Micheal was up and he in a very calm manner changed the perspective of virtually everyone in the room in regards to facts in the case and the type of Soldier I had been and currently was.

Sitting in that waiting room for the decision to come down I remember walking past a table were in plain sight were two boxes containing leg irons and hand cuffs. I say yet again you are in a battle for your life. If it had not been for the exceptional work of Micheal, I wouldn’t be typing this messageI. I would be wearing those leg irons and convicted of a crime I didn’t even commit. You may think you can’t afford a civilian lawyer, I personally feel that you can’t not afford one! MICHAEL WADDINGTON!!!!

U.S. v. Air Force E—4 – Volkel Air Base, Netherlands – tried at Spangdahlem AFB, Germany

Allegations: Drug trafficking, Possession of narcotics with the intent to distribute, Larceny, BAH fraud of $48,000, and others
Max Punishment: 55+ YEARS IN PRISON, DD
Result: Negotiated a plea deal with a 2-year sentence cap
Sentence: 2 years
Discharge: DD
Location/Branch/Rank: Volkel Air Base, Netherlands – tried at Spangdahlem AFB, Germany/Air Force/A1C

Summary: 

Our client was accused of running a large illegal marijuana farm for the Dutch mafia, drug trafficking, drug manufacturing, possession of drugs with the intent to distribute, and stealing over $48,000 in BAH/OHA in conjunction with his “wife” from Detroit. A neighbor tipped off the local police when they realized that our client was stealing their electricity to energize his farm. The police raided his building and found hundreds of marijuana plants, lights, and other evidence.

When arrested, he confessed to the police. In State and Federal court, he would have faced a mandatory sentence of 10-15 years in prison.

We played hardball and pushed forward to trial. We decided to attack the evidence and custody and demanded an expert in Dutch law and an expert in botany and toxicology. We knew that the prosecution would face challenges getting all of the witnesses from the Netherlands to Spangdahlem, Germany for a week-long trial. As the trial date drew nearer, we drove a hard bargain and pushed for a low sentence cap. The weekend before trial, the government agreed to a two-year sentence cap.

U.S. v. Army O-1 – Fort Bragg, NC tried at Fort McNair, Washington, DC

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Allegations: Aggravated assault with means likely to produce death or previous bodily injury, assault, conduct unbecoming an officer and a gentleman
Max Punishment: 15+ YEARS IN PRISON, Dismissal
Result: NOT GUILTY OF Assault #1, NOT GUILTY of aggravated assault, convicted of one allegation of misdemeanor assault and battery.
Sentence: NO DISMISSAL, NO JAIL TIME, Reprimand, forfeitures, 45 days restriction
Discharge: NONE
Location/Branch/Rank: Fort Bragg, NC tried at Fort McNair, Washington, DC/Army/2LT

Summary: 

Our client was a medical student with 9 years of active Army service. While in a bitter divorce, his wife accused him of attacking her. He was charged with aggravated assault with means likely to produce death or previous bodily injury, assault, and conduct unbecoming an officer and a gentleman. She claimed that he tried to choke her to death and smashed her head on a hardwood floor.

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She took photos of the alleged injuries the next day, went to the emergency room that night, and reportedly told her neighbors, best friend, and mother. In addition to these witnesses, the prosecution brought in a renowned medical doctor and a forensic psychiatrist to bolster their case.

Before the trial, the defense fought the conduct unbecoming charge and it was dismissed.

At trial, Mr. Waddington teamed up with Dan Conway and CPT Patrick Sandys and fought the case in front of an officer jury at Fort McNair.

U.S. v. Navy E-6 – Norfolk Navy Base, VA

Allegations: 4 Specifications of sexual assault/Abusive sexual contact, assault consummated by battery
Max Punishment: 1 YEAR IN PRISON, BCD, Sex offender registration
Result: ALL CHARGES DISMISSED WITH PREJUDICE
Discharge: NONE
Location/Branch/Rank: Norfolk Navy Base, VA/Navy/E-6

Summary: 

Our client was accused of sexually assaulting a fellow sailor. Mr. Waddington and Coast Guard attorney LT Nicholas Smith were prepared to fight the case in front of an enlisted jury.

Before opening statements, the defense learned that the prosecution had withheld part of the NCIS file that contained a witness statement that was very helpful to the defense. Supposedly, NCIS “forgot” to give us this witness statement. It just so happened that this statement helped to prove our client’s innocence.

The defense immediately called the mystery witness only to discover that he changed his story since talking to NCIS. Also, the O-6 commander recently hand-selected him to be the victim’s Victim Advocate (VA). In other words, his duty was to protect and support the victim, no matter what. He was now tainted and refused to tell the truth.

The defense argued that the command blocked our client’s right to a fair trial by 1) hiding crucial evidence, and 2) by intentionally tainting the witness’s testimony by making him the Victim Advocate for the victim (which is considered Unlawful Command Influence or UCI).


Gregory Kyle Seerden, who was a member of SEAL Team 1 in San Diego, was sentenced Feb. 15, 2018 to 27 years in federal prison for recording himself molesting a sleeping child. (Western Tidewater Regional Jail)
 February 16
A decorated Navy SEAL who served in Iraq and Afghanistan will spend up to 27 years in prison after admitting he sexually abused a 5-year-old family member.

Gregory Kyle Seerden, 32, was sentenced Thursday in federal court in Norfolk to nearly the maximum 30-year sentence for his crime.

“Gregory Seerden victimized a child,” Tracy Doherty-McCormick said in her first public statement since becoming acting U.S. attorney for the Eastern District of Virginia. “As this prosecution makes clear, the United States will seek to hold accountable anyone who sexually exploits our most vulnerable citizens.”

Seerden was stationed in San Diego but had been ordered to work in Virginia last year when he was accused by a woman of sexually assaulting her on a Virginia Beach naval base after a night out drinking and socializing.

When Navy investigators searched Seerden’s phone, they found child pornography, according to court papers. A deeper forensic investigation uncovered more child porn and four videos in which Seerden sexually abused a 5-year-old child while she slept.

That child was a relative, he later admitted. He had been sleeping in the victim’s room while visiting family in another state for the holidays, according to a Navy spokesman.

Seerden is now also charged in San Diego with sexually abusing another family member in 2014, when she was 7. That allegation was investigated at the time but dropped because the child’s mother was reluctant to pursue charges, prosecutors said.

The case was reopened after his arrest last year, officials said. The Navy intends to bring court-martial charges, the Navy spokesman said.

“After some rough times in his adolescent period, Kyle enlisted in the Navy. When he came back from Afghanistan he was hurting inside but still trying to be himself,” his mother, Jennifer Seerden, wrote in a letter to the court. “Some of his friends were lost and others severely injured and it seemed to really impact him. However, it was his experience in Iraq that I believe really changed him.”

 In addition to his sentence, Seerden will pay a $10,000 fine and serve 25 years of supervised release.