ATTORNEY MICHAEL WADDINGTON
We list the locations and dates to show that our case results are real, recent and verifiable.
Note: These are real case results from cases that Mr. Waddington personally handled since mid 2006. However, all cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee or promise a certain outcome, to do so violates the Rules of Professional Responsibility. In addition, the results of the case often depend on the facts, whether the client follows our advice and the stage of the proceeding at which our services are retained. The maximum possible punishment listed is the maximum punishment authorized by law under the UCMJ for these allegations. In some instances, the punishment will be limited by the level of court martial. Please call us with any questions or for clarification.
Date - Location
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Allegations/
Charges
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Max Possible
Punishment
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Facts
|
Result
|
Discharge?
|
|
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| June 2010 - U.S. v. Air Force E-3 - Cannon AFB, New Mexico | Aggravated assault with the intent to inflict grievous bodily injury, aggravated assault with means likely to produce grievous bodily injury and disobeying an order to not bring the knife to work | Over 10 years in prison, Dishonorable Discharge, total forfeitures, E-1, Federal felony conviction | Client stabbed a fellow airman on the flight line with a butterfly knife while launching an AC-130. The knife punctured the arm and the right lung of the victim. It also collapsed the lung. Client's commander vowed to hang client out to dry and then ordered that no one speak with the accused for 7 months. Client's NCO allegedly ordered the accused to not bring the illegal knife on the flight line. In addition, client allegedly assaulted the victim on a prior occasion with the knife. We faced numerous hostile and well coached eyewitnesses, an alleged videotaped confession and many bloody photographs. Mr. Waddington and Capt Bryan Warnock contested all charges in front of an officer jury. NOTE: The judge gave the client over 210 days of confinement credit because we proved that his command unlawfully and illegally punished him prior to trial. |
Result: NOT GUILTY of the first aggravated assault, NOT GUILTY of disobeying an order, NOT GUILTY of aggravated assault with intent to inflict, GUILTY of a lesser charge of assault. |
NONE | |||||
| June 2010, U.S. v. Army E-5 - Baumholder (Smith Barracks), Germany | Multiple aggravated assaults with a firearm and for intentionally inflicting grievous bodily harm and dereliction of duty | Over 15 years in prison, Dishonorable Discharge, total forfeitures, E-1, Federal felony conviction | Soldier charged with multiple aggravated assaults on Iraqi insurgents/detainees. He allegedly stuck a gun in the mouths of 3 different Iraqi detainees and supposedly severely beat another in the back of an MRAP in Sadr City, Iraq causing grievous bodily harm. The prosecution charged the client and quickly ordered an Article 32 to catch the defense off guard. The defense team quickly investigated the background of the accusers and prepared to battle at the Article 32. The defense aggressively fought the charges at the Article 32. We took our case directly to the Commanding General and explained via a written memo why the charges should be dropped. The General refused to send the case to court martial. | Result: ALL CHARGES DISMISSED | NONE | |||||
| May 2010 - U.S. v. Army O-3 - Torii Station, Okinawa, Japan | 16 DIFFERENT SPECIFICATIONS: Rape, aggravated sexual assault, aggravated assault with a knife, assault, wrongfully wearing a Bronze Star, wrongfully wear a Master Parachutist Badge, false official statement, disobeying numerous direct orders, violating an Army General Regulation, wrongfully failing to provide medical care, conduct unbecoming an officer and gentlemen, failure to provide BAH, and numerous others. | Life in prison, sex offender registration, Dismissal, total forfeitures, Federal felony conviction | Client was accused of 16 specifications, including rape, aggravated sexual assault, aggravated assault with a knife, making numerous death threats, wrongfully wearing a Bronze Star and Master Parachutist Badge he did not earn, disobeying a General order, conduct unbecoming, disobeying several commanding officers orders, false official statement and others. To increase their chances of winning, the Army brought in a top Special Victim Prosecutor (SVP) specifically tasked with winning sex assault cases. They also replaced the trial counsel with the Deputy SJA for Okinawa. Mr. Waddington and co-counsel CPT Ernesto Gapasin fought the charges in front of an officer jury. |
NOT GUILTY OF ALL 16 CHARGES & SPECIFICATIONS | NONE | |||||
| May 2010 - U.S. v. Army E-6 - Fort Gordon, Georgia | Forcible rape, adultery, fraternization and sexual assault | Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client accused of forcible rape, fraternization and adultery. CID determined offenses were "founded." We entered the case before charges were filed. We investigated the alleged "victim" and contacted the command and the prosecution to let them know we would fight the charges. We also presented evidence to the command that supported client's innocence. | Command DECLINED TO PROSECUTE client and gave him a reprimand for adultery | NONE | |||||
| May 2010 - U.S. v. Army E-6 - Camp Zama, Japan | Forcible rape, sexual assault and other related offenses | Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client accused of raping a fellow soldier and sexually assaulting another soldier. Strong DNA evidence and bruises supposedly supported the prosecution. Mr. Waddington and CPT Ernesto Gapasin fought the Article 32 and the Government's star witnesses were impeached. Despite the Article 32 recommendation in favor of the defense, the prosecution pressed forward with all charges and brought in a seasoned special prosecutor. The defense demanded additional DNA tests for use at trial. Co-counsels CPT Tim Bilecki and CPT Ernesto Gapasin, tried the case in front of an enlisted panel with Mr. Waddington serving “of counsel.” | NOT GUILTY of rape, guilty of wrongful sexual contact, acquitted of all remaining charges Punishment: The military jury gave NO PUNISHMENT |
NONE | |||||
| May 2010 - U.S. v. Army O-4 - Fort Knox, Kentucky | Misappropriation of military property, false official statement, dereliction of duty, violation of an order, violation of a General Regulation | Loss of aviator wings, UCMJ, Show Cause Board, loss of retirement, possible jail time | Client was an Army jet pilot that was accused of misappropriating an Army plane for his personal use by flying it on four trips from Texas to Las Vegas and California. Flight log records, AR 15-6 and sworn statements seemed to supported allegations. We defended this case with CPT Arthur Tsao. Client was scheduled for a Flight Evaluation Board (FEB) which could be followed by possible UCMJ. | We investigated the charges, uncovered evidence which proved client's innocence and convinced the commanding General to drop the FEB days before the scheduled board. Client was allowed to resume flying. Command issued a basic reprimand for giving the appearance of impropriety. No UCMJ or board | NONE | |||||
| May 2010 - U.S. v. Marine E-6 - Undisclosed base in USA | Bribery, graft, false official statement, larceny, fraud and dereliction of duty | Over 30 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Marine accused of taking tens of thousands of dollars in bribes and kickbacks from foreign nationals during the Wars in Iraq and Afghanistan in exchange for contracts. We got involved early and were proactive in our defense. The JAGs threatened client with years in jail if we did not agree to a "deal." | The client claimed his innocence and refused their "deals." After 2 years of investigations and intimidation tactics, the military eventually dropped the case | NONE | |||||
| April 2010 - U.S. v. Army E-6 - Fort McPherson, Georgia | Multiple specifications of larceny of military property and wrongfully dispossessing military property | Over 50 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client accused of stealing military equipment worth over $200,000, to include secret thermal imaging devices used on military drones and weapons systems, body armor, advanced combat helmets and computer equipment. Client then sold and shipped the thermal imaging devices to sources in China, Japan and Italy before the FBI raided his apartment in Atlanta. The FBI was investigating client for international trafficking of secret weapons technology. Client confessed to FBI and CID and made a videotaped and written confession. Mr. Waddington defended the case with CPT Michael Tregle and CPT Krista Carpenter. Initially, the Government wanted 5 years in prison. | Not guilty on 3 charges of stealing military property. Plead guilty to 3 allegations of wrongfully dispossessing military property. Sentence: 15 months in jail, forfeitures, E-1, BCD |
BCD | |||||
| April 2010 - U.S. v. Army E-5 - Fort Rucker, Alabama | Numerous specifications of larceny of government property, false official statement and fraud | Over 95 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client stole over $160,000 in BAH and Overseas Housing Allowance (OHA). She was divorced but claimed that she was married for over 10 years. Client signed full confession and faced a maximum of 90 years in prison and a Felony conviction. Mr. Waddington defended case with CPT Sheila Burns. | Charged at a General Court Martial (GCM). We negotiated the case down to a misdemeanor level (Special Court Martial) and a low sentence cap. Sentence: 4 months in jail, NO forfeitures, E-1, BCD |
BCD | |||||
| April 2010 - U.S. v. Navy E-7 – Pacific Region (specific base undisclosed) | Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government | Over 50 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Retirement eligible client accused of stealing over $80,000 in BAH and OHA while claiming a location that his family did not live. Client faced over 30 years in prison and loss of retirement of over $900,000. We got involved immediately after the investigation was started and before charges were filed. Client was pressured to "take a court martial deal" even though charges were not yet preferred. | We refused to back down and would not accept any "deal." The command eventually gave client NJP with minimal punishment. He was eventually promoted and transferred to another base. | NONE | |||||
| March 2010 - U.S. v. Army E-6 - Fort Lewis, Washington | Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government | Over 45 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client charged with stealing over $100,000 in BAH and other allowances by using fraud and false statements. He refused to plead guilty. The command wanted 2 or more years in a PTA. Defended case with CPT Arthur Tsao. | Client refused and at the same time requested a Chapter 10 administrative discharge, which was approved. Avoided a Felony conviction, fines and jail time | OTH | |||||
| February 2010 - Pope AFB, NC - E-3 | Multiple sexual assaults, sexual harassment, Aggravated assault with a deadly weapon (knife), disobeying a no-contact order (40+ times), disorderly conduct, underage during, indecent conduct/exposure and numerous other allegations. | 50+ years in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client was accused of 3 different sets of misconduct. 1) He was accused of sexually assaulting a coworkers wife, indecent acts and pulling a knife on the husband. 2) He was accused of aggravated assault with a deadly weapon for allegedly attacking his wife with a knife and choking her. He then violated a restraining order dozens of times. 3) He was also accused of sexually harassing multiple female coworkers and assaulting one by slapping her behind. Defended case with ADC Maj Jed Dorman at the Article 32 and at a contested jury trial. |
No Felony conviction, dropped aggravated assault, NOT GUILTY of assaulting coworker and his wife and indecent acts, No sex offender registration. Convicted of some other allegations. Sentence: TIME SERVED (about 4 months), NO DISCHARGE, reduction, hard labor, forfeitures. (Commander, who testified against client, was not happy that this airman went back to the unit). |
NONE | |||||
| February 2010 - Fort Gordon, GA - O-5 | Multiple specifications of larceny of government property and fraud in order to steal tens of thousands of dollars from the government | Over 50 years in prison, Dismissal, total forfeiture, Federal felony conviction, loss of retirement benefits | Client with over 20 years accused of forging rental agreements, submitting dozens of false travel vouchers and stealing tens of thousands of dollars in Government money. Defended case along with CPT Emeka Nwofili. Client originally faced over 70 years in prison. | Not guilty on 4 allegations. Guilty of 2 allegations. Sentence: 30 days in jail, a reprimand, forfeitures, a fine and NO DISCHARGE. Client will retire in March 2010. | NONE | |||||
| February 2010 - Hanscom AFB, MA - E-4 | Rape and a variety of other good order and discipline offense | Life in prison, sex offender registration, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | (This case is a continuation of the August 2009 case below). Client was accused of rape, sex assault, adultery, and other crimes. The Government dropped charges on the eve of trial, gave client an Article 15 and then tried to separate client with an Other than Honorable at a board, assuming it would be easy after the Article 15 conviction. Mr. Waddington fought this case without a military lawyer in front of a board of 5 officers and 2 enlisted airmen. Client's Commander, a LTC, testified that he wanted the client discharged with a negative discharge and did not want him in the unit. Of course, we fought back. |
The board RETAINED the airmen on Active Duty. NO DISCHARGE. | NONE | |||||
| January 2010 - Undisclosed training base - E-7 | Aggravated sexual assault. other sex crimes and fraternization | 40+ years in prison, Dishonorable Discharge, Sex offender registration, total forfeiture, reduction to E-1, Federal felony conviction | Married client accused of aggravated sexual assault and various other sex offenses against a trainee. DNA evidence implicated client. Successfully fought the charges at the Article 32. Government went against the Article 32 recommendation. Mr. Waddington and CPT Emeka Nwofili prepared for a jury trial and discovered impeachment evidence on the key witnesses. | Two days before the scheduled trial, the prosecution dropped all charges. ALL CHARGES DISMISSED BY THE GENERAL. | NONE | |||||
| January 2010 - San Diego Navy Base, California - E-6 | Multiple specifications of larceny of Gov't property, conspricacy to steal, fraud, adultery, and numerous other charges. | Over 60 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction | Client charged with stealing and conspiracy to steal over $500,000 in drill pay. Client signed 2 long confessions admitting to being part of a wide-ranging plot at his Las Vegas Reserve unit. Navy initially demanded 7 years of confinement. Defended case with LT Becky Oldfield-Frey. | We fought the article 32 and demanded a jury trial. In the end the Government agreed to a much more reasonable deal. Punishment: 14 months of confinement |
BCD | |||||
| November 2010 - Shaw Air Force Base, SC - E-3 | Possession and distribution of C.Porn, possession narcotics with the intent to distribute, hit and run | Over 25 years in prison, Dishonorable Discharge, Sex offender registration, total forfeiture, reduction to E-1, Federal felony conviction | Client convicted of drug trafficking in GA civilian court. Client was also accused of possessing and distributing CP on his computer. We avoided a court martial on the drug and CP charges. The Air Force tried to discharge the client with an Other Than Honorable Discharge. Air Force defense lawyer told the client to waive the board with an OTH because "he had no chance of winning anything better than an Other than honorable." Client released the ADC. | Mr. Waddington then fought the case in front of an officer board. Client received a General Under Honorable Conditions Discharge. Maintained most benefits. | General Under Honorable Conditions | |||||
| October 2009 - Yongsan Army Base, Korea E-5 | Soldier charged at a General Court Martial with 2 charges of Felony Aggravated Assault with Means Likely to Produce Death or Grievous Bodily Injury for allegedly beating 2 soldiers with an unopened beer bottle and False Official Statement. The two "victims" were severely injured and one was stabbed during the fight. | 11 years in prison, Dishonorable Discharge, total forfeiture, reduction to E-1, Federal felony conviction |
Our client made numerous statements to CID and there was a video of the fight. Mr. Waddington and CPT Duane Kees pressed for a contested jury trial. A few days before the trial date, the Government agreed to drop the General Court Martial, drop the felony aggravated assault charges to misdemeanor assault charges, drop the false official statement, limit client's jail time to 30 days, agree to no discharge, and limit his reduction to 2 pay grades. | Result : 30 days in jail, NO DISCHARGE, reduction to E-3, $300 per month for 3 months. No Felony conviction. Client will return to unit by the end of Oct 2009. | NONE | |||||
| August 2009 - Hanscomb Air Force Base, Massachusetts - E-6 | Aggravated sexual assault (2 charges), rape, adultery, false official statement, and violation of a general regulation | Life in prison, Dishonorable Discharge, sex offender registry, total forfeiture, reduction to E-1, Federal felony conviction | At a General Court Martial, client was accused of rape, multiple sexual assaults, adultery, violation of a general order and other offenses. Mr. Waddington and co-counsel, Captain Wes Miller, aggressively prepared their case for trial. Client maintained his innocence throughout the case. On August 21, 2009, 3 days before the jury trial was scheduled to being, the General dismissed all charges. NO DISCHARGE, NO CONVICTION, NO JAIL TIME. | ALL CHARGES DISMISSED ON 21 AUGUST 2009 (3 days before the trail was scheduled to begin) | NONE | |||||
| August 2009 - Sasebo Navy Base, Japan - E-4 | Rape,forcible sodomy, sexual assault, and various other charges | Life in prison, Dishonorable discharge, Sex offender registry, Total forfeiture, reduction to E-1, Felony conviction | Sailor allegedly raped and sexually assaulted a supposedly drunken female sailor. In addition, sailor was accused of numerous good order and discipline charges. The charge sheet was several pages long. We contested the charges at an Article 32 along with co-counsel, LT James Toohey. | ALL CHARGES DISMISSED AFTER ARTICLE 32 | NONE | |||||
| July 2009 - Tripler Army Medical Center, Hawaii - E-6 | Rape, sexual assault, false official statement | Life in prison, Sex offender registry, Dishonorable discharge, Reduction to E-1, Total forfeiture, Felony conviction | Soldier was falsely accused of raping a co-worker (a vindictive ex-girlfriend). CID tried to dig up evidence to support the story of the supposed victim and tried to manipulate the investigation to build their case. CID only took sworn statements from witnesses that helped their case and turned away key witnesses that proved the innocence of the client. We were retained before charges were filed. | NO CHARGES FILED. Soldier received a LOR, which is being contested | NONE | |||||
| June 2009 - Yongsan Army Base, Korea - E-8(P) | Rape, fraternization, adultery | Life in prison, Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction | Client accused of raping an E-3 soldier in his company, adultery, and fraternization. CID & prosecutors claimed that his DNA & semen were found on the alleged victim. Numerous witnesses claimed to see client running from the girl's room late at night. Client proclaimed his innocence and refused to take plea deal. Prosecution dropped the rape charge two weeks before trial but proceeded to trial on remaining charges and brought a forensic DNA expert from the USA. Mr. Waddington & military lawyer CPT Adam Jonasz contested the charges in front of an enlisted jury. |
ACQUITTED OF ALL CHARGES |
NONE | |||||
| May 2009 - Camp Humphreys /K-16, Korea E-6 |
2 charges of raping 2 different women, one in Alabama and one in Korea, kidnapping and false official statement for allegedly lying on numerous reenlistment contracts about prior arrests | Life in prison, Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction | Prosecutor played hard ball and tried to stack the deck against our client. He denied ALL defense witnesses but one and dug up former sexual partners of the accused dating back to high school to prove that client was a "serial rapist" and "violent sexual predator." The prosecutor refused to give the defense a verbatim transcript so that we could not impeach his witnesses at trial. He then brought numerous prosecution witnesses, an investigator, a Forensic Rape Expert and a Forensic Psychologist from the USA and numerous JAG prosecutors from around Korea to assist at trial in an effort to convict the accused. Mr. Waddington & military lawyer CPT Sean Rogers fought back and contested all charges in front of an enlisted jury. | ACQUITTED OF ALL CHARGES after about 60 minutes of jury deliberations. |
NONE | |||||
| May 2009 - Fort Rucker, Alabama - CW3 | 3 Article 120 charges of wrongful sexual contact / assault, conduct unbecoming an officer and gentleman | 4 years in prison, Sex offender registry, Felony conviction
|
Aviator client with 17 years Active Duty accused of violently sexually assaulting a supposedly drunk and sleeping woman on three separate occasions and one charge of conduct unbecoming an officer. Client signed an alleged "confession." Mr. Waddington & military lawyer MAJ Toby Curto contested all charges at a General Court Martial in front of an officer jury. | ACQUITTED OF ALL SEX CHARGES, Convicted of conduct unbecoming Sentence: Reprimand, 2 months restriction to post, NO JAIL TIME, NO DISCHARGE, NO FORFEITURES |
NONE | |||||
| May 2009 - McGuire Air Force Base, New Jersey - O-5 with 23 years | Adulterous affair with the wife of an enlisted member, sex in a public place with the same woman, conduct unbecoming, violation of a no contact order | Discharge at Show Cause Board | Air Force attempted to separate client and give him an Other Than Honorable Discharge. Contested case in front of an officer board. | Allowed to retire with an Honorable Discharge | Retirement with Honorable Discharge |
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| April 2009 - Buckley Air Force Base, Colorado - O-5 with 20 years | Attempted larceny of over $70,000, false official statement, fraud, filing a false claim, multiple lengthy AWOLs | Over 35 years in prison, Dismissal, Total Forfeitures, Felony conviction
|
Client was court martialed for allegedly trying to steal over $70,000 by filing a false claim for damaged household goods. He was allegedly paid for the same items in a previous move. This was the largest claim in Air Force history. Also accused of numerous AWOLs and false official statement. Fought the charges at an Article 32 & convinced investigating officer to recommend dismissal. Command withdrew all charges. | ALL CHARGES DISMISSED AFTER ARTICLE 32, client received a letter of reprimand & decided to retire with an honorable discharge. Saved retirement. | NONE, Client Retired with an Honorable Discharge | |||||
| March 2009 - Tripler Army Medical Center, Hawaii - E-8 | 2 charges of sexual harassment, 2 charges of hazing & abusing subordinates, multiple lengthy FTRs over an 18 month period, wearing an unauthorized Combat Action Badge (CAB) in order to get promoted | Over 20 years in prison, dishonorable discharge, Total Forfeitures, Felony conviction
|
Client accused of hazing & abusing 2 soldiers, sexually harassing 2 female soldiers, getting promoted while wearing an unauthorized CAB, multiple failures to report for duty. Contested all charges at court martial. | ACQUITTED of 5 out of 6 charges. Convicted of one charge of hazing. Sentenced to forfeit 1/3 of one month's pay. Judge recommended that pay be suspended for 3 months & if client stays out of trouble the forfeiture will not kick in. | NONE | |||||
| March 2009 - Hickam Air Force Base, Hawaii - E-5 | Larceny of Government Property over $500, conspiracy to steal over $18,000, dereliction of duty | 23 years in prison, dishonorable discharge, Total Forfeitures, Felony conviction
|
Client accused of stealing over $18,000 in electronics and tools using a Government IMPAC card. Accused of covering up theft of two subordinates Trial date set for 17 March 2009. After carefully reviewing thousands of documents. We took a risk & presented our defense to the prosecutor and SJA. Based on the what we presented, they realized many documents were forged (by someone other than our client) and they dismissed all charges days before the court martial. | All charges dismissed on 15 March 2009. | NONE | |||||
| March 2009
|
Rape,
aggravated sexual assault, adultery, fraternization, violation of an order
|
Life in prison,
Dishonorable discharge, Total Forfeiture, Sex offender registry, Felony conviction
|
Client accused of raping & then stalking a drunken lower enlisted
Marine. Other additional charges. She had her friends
backing up her allegations. We
fought the case at an Article 32 & a dismissal was recommended. The General
refused to dismiss & added an additional Rape charge. We investigated alleged victim via
MySpace and Facebook & discovered evidence to
help client. Went to second
Article 32 & exposed victim as a liar. 2nd Article 32 officer recommended dismissal of
all sex charges.
|
Aggravated sexual assault charges
dismissed. Rape charge
dismissed. Client submitted a SILT (separation in lieu of trial for adultery & fraternization) & left the service without a Federal conviction & having to register as a sex offender
|
OTH
|
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| March 2009 - Vilseck, Germany / Baghdad, Iraq - E-7 | 4 Charges of premeditated execution style murder, conspiracy to commit 4 premeditated murders, obstruction of justice | Death / Life without the possibility of parole, Total Forfeiture, dishonorable Discharge | Client and two fellow NCOs executed 4 blindfolded and handcuffed Iraqi prisoners and dumped their bodies into a Baghdad canal. The Iraqi were confirmed Shiite snipers that had murdered several American infantrymen and Sunni civilians. Unfortunately, our Client signed written confession before seeking a lawyer. There were 10 other eyewitnesses to the crime. The 3 defendants were set for trial. The first was convicted by a jury and sentenced to life in prison. The other co-defendant was also convicted and sentenced to life in prison. Army defense lawyer, MAJ Peter Kageleiry, was Mr. Waddington's co-counsel. | Our client chose to plead guilty for a 35 year sentence maximum. He is eligible for parole in 10 years. The other 2 co-defendants will not be parole eligible until after they serve 20 years in prison. We are seeking clemency and an appeal to reduce the sentence further. Sentence reduced by 15 years (to 20) in clemency in June 2009. Client will be parole eligible in 6.5 years. | DD (Upgraded to a BCD in June 2009) | |||||
| Feb 2009
|
Forcible
sodomy, fraternization, false official statement
|
|
|
|
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| Feb 2009 - Aiken, South Carolina - Civilian | Trafficking 22 pounds of marijuana | 10 years in prison, Felony conviction | Client arrested and caught on police camera in Dec 2007 with a 22 pound bundle of marijuana in the trunk of his car. | Prosecution dropped charges / Nol pross - N jail time, no conviction | N/A | |||||
| Jan 2009 - Fort Bliss, Texas - O-2 | Fraternization,
violation of an order, conduct unbecoming and officer
|
15 years in
prison, DD, Total Forfeiture, Sex offender registry, Felony conviction
|
Officer client under investigation for engaging
in romantic affair with an NCO in her unit. The relationship allegedly disrupted good order and
discipline in the unit. JAG
& commander intended to charge client and make an example out of
her. We got involved & tried
to resolve the case without a court martial or NJP.
|
Declined to prosecute. Client allowed to PCS without
repercussions
|
NONE
|
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| Jan 2009
|
Adultery,
conduct unbecoming, fraternization, impeding an investigation
|
10 years in
prison, Dismissal, Total Forfeiture, Felony conviction
|
Client accused of having an adulterous affair
with the wife of an enlisted soldier, they allegedly started dating while the
woman was under client’s command. We were hired to avoid a court martial, NJP & to save his career. We
contacted investigators & JAGs to put forth our
side of the story before charges were filed.
|
Letter of Reprimand, no court martial
charges filed, No NJP or Article 15
|
NONE
|
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| Dec 2008
|
Indecent acts,
burglary with the intent to commit a sex assault
|
15 years in
prison, DD, Total Forfeiture, Sex offender registry, Felony conviction
|
Client made a detailed written & oral
confession admitting to the crimes. Charged with breaking into the dorm room
of a female airman that he did not know and sexually assaulting her as she
slept. She woke up and caught him in the act.
|
Best plea deal offered was 3 years in jail
& a punitive discharge. We fought the case in front of an officer jury.
|
NONE
|
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| Dec 2008
|
Rape,
conspiracy, indecent acts, fraternization, adultery, conduct unbecoming an
officer
|
Life in prison,
Dismissal, Total Forfeiture, Sex offender registry, Felony conviction
|
Navy officer
accused of gang-raping an enlisted sailor in a bar bathroom. We were hired immediate after the
allegations were made but before charges were filed and fought for client,
making it clear that he would plead Not Guilty and make them prove the case.
|
Declined to
prosecute
|
NONE
|
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| Dec 2008
|
Aggravated
sexual assault, false official statement
|
35 years,
Dismissal, Total Forfeiture, Sex offender registry, Felony conviction
|
Officer’s wife
accused Chief Warrant Officer with 22 years of sexually assaulting her. We were hired before charges were
filed. Presented prosecution
with character evidence on alleged victim and her husband. Made it known that we intended to
fight the case to the end.
|
Declined to
prosecute
|
NONE
|
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| Nov 2008
|
Larceny of
$9,075 from AF bank vault, wrongful appropriation of over $5,000
|
10.5 years, DD,
Total Forfeit, E-1
|
Client with 18 years of service accused of
stealing $9,075 and taking and gambling thousands of additional dollars from
the Air Force cash vault that he managed. This was the largest loss of bank vault funds in AF
history. Signed confession and made verbal admission of guilt to
investigators. Prosecution team of 3 lawyers played hardball and flew in
senior trial lawyer from Los Angeles when client rejected plea bargain.
Contested charges in front of an enlisted panel. Prosecution asked for the maximum
during sentencing proceedings.
|
ACQUITTED of
felony larceny, guilty of misdemeanor wrongful appropriation, Reduction to
E-4, 60 days in jail, 60 days hard labor without confinement
|
NONE
|
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| Oct 2008
|
Rape, adultery, indecent acts, false official statement
|
Life in prison,
DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY
|
Client signed
alleged "confession" when interrogated by CID. We were hired before
charges were preferred and immediately went to work to investigate and
resolve the case. Commander told us his hands were tied by the
"confession" and he had to prefer rape charges.
|
Article 15 for
Adultery. Dropped Rape charge.
|
NONE
|
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| Sep 2008
|
2 charges of
felony aggravated sexual assault, violation of an order, sexual assault,
sexual harassment
|
41 years in
prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
Over a dozen witnesses. SJA office
calculated case was worth 25 years and a Dishonorable Discharge. They played
hardball. Air Force sent "top gun" prosecutor from DC to try the
case. We fought the charges in front of an enlisted jury.
|
ACQUITTED of all
sex charges. Convicted of
misdemeanor harassment, 60 days
confinement, RETAINED ON ACTIVE DUTY, Reduction, 2 months forfeiture,
Reprimand. In Clemency the
conviction & sentence were overturned. Client was given an Article 15 (NJP) & time
served. He now has a clean
record.
|
NONE
|
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| Aug 2008
|
Dereliction of
duty, false official statement, adultery, violation of a regulation,
disobeying an order, obstructing justice
|
35 years in
prison, Dismissal, felony conviction
|
Client with 19 years (medical field) accused of serious criminal and
ethical violations recommended for court martial. O-6 conducted 6-month
investigation and recommended taking action against our client. We investigated the case and
presented favorable evidence to command and made it clear that we would fight
the charges.
|
CASE CLOSED, NO
ACTION TAKEN
|
NONE
|
|||||
| Aug 2008
|
Violation of a
general order, conspiracy, false official statement, impeding an
investigation.
|
15 years in
prison, DD, E-1, felony conviction
|
Client accused of conspiracy to traffic
and trafficking massive quantities of alcohol into Middle East AOR.
|
A trial date was
set, Charges dismissed after we got involved.
|
Client allowed to
finish tour with an Honorable Discharge
|
|||||
| July 2008
|
Multiple
charges of conspiracy, false official statement, conduct unbecoming an
officer, forgery
|
40 years, Dismissal,
Felony conviction, loss of $1.6 million in retirement
|
High profile case where Colonel with 26 years was
accused of faking paternity test results in an alleged effort to avoid paying
child support. Facing charges of conspiracy, fraud, forgery, larceny, and
conduct unbecoming.
|
Avoided court
martial & Show Cause Board. Negotiated Client retired with an Honorable.
|
Client Retired
with an Honorable discharge
|
|||||
| July 2008
|
Aggravated
sexual assault on multiple victims, fraternization, impeding an
investigation, false official statement
|
80 years in
prison, Dismissal, sex offender registry
|
Over 8 victim/
witnesses testified of various sexual assaults and abuses that took place
over a 14-year period. We
negotiated the dismissal of all charges so long as client left the Army. Client refused and went to
trial. Acquitted of half of the
sex charges, convicted of others and of lying to investigators.
|
Judge sentenced
client to 14 months in prison and a dismissal
|
Dismissal
|
|||||
| June 2008
|
Rape, burglary,
violation of an order, drunk and disorderly and other offenses
|
Life in prison,
dismissal, Sex offender registry, Felony conviction
|
Superintendent drops all charges against
midshipman despite pressure to prosecute and against the recommendation of
the JAG prosecutors. We fought the charges at Article 32, despite being told
that we had no chance of winning in current political climate.
|
All charges
dismissed at Article 32. Client
will graduate and be commissioned in May 2009
|
NONE
|
|||||
| May 2008
|
Child
molestation, forcible sodomy on a minor, possession of child porn, indecent
acts with a minor
|
Life in prison,
DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
Marine charged with statutory rape,
possession of child porn, indecent acts, and sodomy. DNA (semen), fiber, and
trace evidence found on alleged victims pants and bra. 3 top expert witnesses
flew to Japan to testify against client. Judge denied all of our requests for
experts so we had no experts. We
contested the charges in front of a Marine jury and attacked the sloppy NCIS
investigation and inconclusive lab tests.
|
Not Guilty, Full
Acquittal
|
NONE
|
|||||
| April 2008
|
|
30 years in
prison, DD, Total forfeiture, E-1, Sex Offender Registry, Felony conviction
|
Soldier charged with aggravated sexual
assault/rape of another soldier. Strong DNA evidence. Prosecution used top DNA expert from
the US. We fought the case in
front of an enlisted jury at a court martial.
|
Not Guilty in 30
minutes
|
NONE
|
|||||
| April 2008
|
Rape,
aggravated sexual assault, forcible sodomy, and other offenses.
|
80 years in
prison, DD, Total forfeiture, E-1, Sex Offender Registry, Felony conviction
|
Soldier charged with numerous specifications of
aggravated sexual assault, rape, forcible sodomy, and others. Faced over 80
years in prison. Signed two detailed confessions. We conducted a thorough
investigation up front and negotiated an alternate resolution with
prosecution.
|
All charges dismissed
5 days before Article 32 under Chapter 10, no conviction
|
Discharge in lieu
of court martial/ OTH
|
|||||
| Feb 2008
|
Premeditated
murder
|
Death/Life
without parole, DD, total forfeiture, felony conviction, E-1
|
Client
allegedly shot a wounded detainee twice in the head at a distance of 4
feet. Client admitted to
witnesses and in sworn statement to shooting at detainee.
|
Fought charge at Article 32 & had charge
reduced to 3rd degree murder (up to life in prison). Client rejected all plea
deals & requested trial by an enlisted jury. ACQUITTED OF MURDER, convicted of aggravated assault. Retained on
Active Duty, 120 days in jail, reduced 2 grades, reprimand, no forfeitures
(soldier paid while in jail). Sentence reduced to 64 days and rank restored. Client was promoted to E-5.
|
NONE
|
|||||
| Feb 2008
|
Larceny of over
$150,000, forgery, false official statement
|
65 years in
prison, DD, Total forfeiture, felony conviction, E-1, restitution, $150,000
fine
|
18
year vet accused of stealing over $150,000 in BAH, OHA, FHA, & FSA.
Successfully contested charges at Article 32.
|
All, court martial charges dismissed. Soldier will retire. Allowed to pay
back much lower amount in dispute. Saved retirement.
|
NONE
|
|||||
| Jan 2008
|
Multiple counts
of child molestation, aggravated assault, assault & battery, and other
offenses.
|
80 in prison,
dismissal, Total forfeiture, E-1, Sex Offender Registry, Felony conviction,
Loss of $1.2 million retirement
|
20 year vet court martialed for allegedly
punching his 2 children with a closed fist, choking, and 3 charges of
indecent acts on his minor daughter (8 charges total). Contested charges in
front of an officer jury. Prosecution rejected a 3-year plea deal.
|
Contested charges
in front of an officer jury. ACQUITTED OF AL SEX CHARGES & BEATING CHARGES. Convicted of 2 misdemeanor battery
charges. 100 days in jail, NO
DISCHARGE, reprimand
|
NONE
|
|||||
| Jan 2008
|
Trafficking
55 pounds of marijuana (enough to make 50,000 joints), drug use, and
attempted distribution.
|
47 years, DD,
Total forfeiture, E-1, Felony conviction
|
CID
targeted major drug trafficking ring at Camp Humphreys. Client sold to
undercover CID agents, arrested during a drug deal, & signed a detailed
confession. Negotiated extremely
favorable plea deal that reduced drug amount.
|
Client received 13 months in jail, E-1,
& a BCD from a judge
|
BCD
|
|||||
| Dec 2007
|
Multiple
charges of disrespecting commanders and false official statement.
|
12 years, DD,
Total forfeiture, E-1, Felony conviction, loss of $1 million retirement
|
Retirement
eligible master chief charged with disrespecting commanding officers &
false official statement. Command intended to take retirement. Negotiated
withdrawal of court martial charges and NJP on the condition that client
could retire.
|
Client Honorably
retired at the end of Dec 2007.
|
NONE
|
|||||
| Nov 2007
|
Larceny of
$39,000, forgery, false official statement, conspiracy, insurance fraud
|
20 years, DD,
Total forfeiture, E-1, Felony conviction
|
Soldier
accused of running an international vehicle theft ring, making expensive
sports cars "disappear" and filing theft reports and insurance
claims. FBI and CID conducted a nationwide investigation. Started at Felony
General Court Martial. Best offer was 24 months, then 18 months and a felony
conviction. Fought charges at Article 32 had charges reduced to misdemeanor.
Soldier confessed and FBI recorded 14 hours of his incriminating statements.
Soldier had several past Field Grade Article 15s.
|
Plead guilty in
front of judge to misdemeanor charges. Beat best plea deal by 9 months, avoided felony conviction
|
BCD
|
|||||
| Oct 2007
|
10 charges of
larceny of Gov’t funds, forgery, TDY
fraud to New York City & DC x 4, larceny of travel funds for trips to NYC
& DC x 4, conspiracy to steal Gov't funds, lying on reenlistment
documents to cover up past arrests and probation
|
70 years, DD,
Total forfeiture, E-1, Felony conviction, loss of $900,000 retirement
|
Senior
NCOIC with 18 years for 4 star GEN B.B.
|
NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL
|
NONE
|
|||||
| Oct 2007
|
8
charges: promotion fraud, conspiracy to steal over $5,000, larceny,
submitting forged college transcripts, ASVAB scores, and awards, and lying to
CID and commander
|
40 years, DD,
Total forfeiture, E-1, Felony conviction
|
We
fought charges in front of an enlisted jury. Acquitted of lying to CID and
award fraud. Convicted of promotion fraud and theft. Client had confessed to commander and
then changed her story.
|
Sentence: NO JAIL TIME, RETAINED ON ACTIVE DUTY,
45 days restriction, reduction to E-3, a fine, and 1 month forfeitures
|
NONE
|
|||||
| Sep 2007
|
Rape, forcible
sodomy, adultery, fraternization, indecent acts, indecent language, violation
of an order, conduct unbecoming
|
Life in prison,
Dismissal, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
19-year-old
female E-2 accused her married warrant officer of getting her drunk and then
raping and sodomizing her. We got involved before charges were filed and
investigated the facts and the alleged victim. SJA recommended rape and
sodomy charges. We successfully advocated against rape and forcible sodomy
charges. At court martial, client faced 7 charges including sodomy, indecent
acts, indecent language, adultery, fraternization, violation of an order, and
conduct unbecoming. Maximum punishment was over 20 years. Plead to some
charges.
|
Sentence: Dismissal, NO JAIL TIME, No
forfeitures, Allowed to take voluntary excess leave and will remain in Army
until appeal is final.
|
Dismissal
|
|||||
| Aug 2007
|
Multiple counts
of indecent acts, fraternization, violation of Army regs, unlawful
relationship with trainees
|
1 year, BCD,
Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction (originally faced
18 years)
|
Senior
drill sergeant, E-7 with 19 years, accused of having an anal orgy with trainees at his home while
his kids were upstairs, having repeated sex with a trainee in the barracks,
and making and receiving over 2,600 personal phone calls and text messages to
and from trainees. One trainee was allegedly pregnant by client. Pled guilty to one charge of having a
personal relationship. Fought all 4 remaining charges in front of a jury.
|
Acquitted of all contested charges. Sentenced to
a reprimand, forfeiture, 45 days hard labor, reduction 2 grades, NO JAIL, NO DISCHARGE and will retire.
|
NONE
|
|||||
| Aug 2007
|
Aggravated
assault with a deadly weapon, beating detainee with a ball bat, detainee
abuse, false official statement, conspiracy to impede an investigation,
|
47 year, DD,
Total forfeiture, E-1, Loss of $900,000 retirement, Felony conviction
|
High
profile case involving client with 19 years, that was an 82nd Airborne Cook accused of
smashing an Iraqi detainee's skull with a baseball bat, severely beating
another detainee with a bat, kicking a detainee, forcing a subordinate to
beat a detainee with a bat, false official statement x 2, and covering up the
alleged crimes. The media and Human Rights Watch dubbed client the leader of
the "The Murderous Maniacs" and "Skull Crusher." Client
made 3 alleged "confessions" to CID.
|
Fought charges at jury trial. Skull fracture
charge was dismissed. ACQUITTED of cover up, encouraging assault, assault by
kicking, and aggravated assault with bat. Convicted of misdemeanor battery
and lying to CID. Sentence: REPRIMAND, NO JAIL, NO DISCHARGE, No fine, No
reduction and will retire
|
NONE
|
|||||
| Aug 2007 -
|
Indecent
acts, indecent liberties, soliciting a minor through the internet and phone,
and conduct unbecoming.
|
25 years, DD,
Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
Sailor
accused of indecent acts/indecent liberties, soliciting a minor through the
internet and phone, and conduct unbecoming.
|
We were retained and started representation
at the beginning of the investigation. NCIS closed cased shortly after we got
involved. JAG declined prosecution.
|
NONE
|
|||||
| Aug 2007
|
Child
molestation, possession of child pornography, indecent acts with a child,
indecent exposure to a child
|
30 years, DD,
Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
Client
faced numerous registerable and extremely heinous sexual offenses against a
minor and several decades in prison.
|
Negotiated extremely
favorable sentence and the dismissal of two of four major charges.
|
BCD
|
|||||
| July 2007
|
Statutory rape
of a 14 year old, indecent acts with a minor, providing intoxicating drinks
to a minor
|
27 years, DD,
Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
23-year-old
sailor accused of giving alcohol to a 14-year-old female and committing
carnal knowledge (statutory rape), and indecent acts/liberties upon her body.
Strong DNA evidence.
|
Fought case at Article 32 and had carnal
knowledge charge dismissed. Fought remaining charges at a jury trial. Result:
ACQUITTED OF ALL SEX CHARGES, NO JAIL, NO DISCHARGE Convicted of 1
misdemeanor charge of giving alcohol to a minor, reduced one grade, 45 days
restriction, and a fine.
|
NONE
|
|||||
| June 2007
|
Multiple counts
of cocaine use
|
5 years,
dismissal, Total forfeiture, Felony conviction
|
Client
charged at a General Court Martial. 5 other cadets charged as part of
"West Point Cocaine Ring." After months of negotiations,
|
Our
client was allowed to finish the year at the Academy. After months of negotiations,
Academy and resign his commission
with a General Under Honorable Conditions Discharge. Co-defendant
sentences ranged from a Felony conviction, dismissal, and 18 months in prison
to an Other than Honorable Discharge
|
Resigned commission with a General Under
Honorable Conditions Discharge
|
|||||
| June 2007
|
|
Life in prison,
DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
Soldier with 18 years
accused of rape and indecent acts with a minor. We were hired before charges
were filed. We conducted a
thorough investigation into the background of the alleged victim.
|
After 12 months of
negotiations. The command decided to
prosecute, soldier had flag lifted, was promoted, and allowed to PCS.
|
NONE
|
|||||
| June 2007
|
Multiple child
pornography possession charges
|
20 years in
prison, DD, Total forfeiture, E-1, SEX OFFENDER REGISTRY, Felony conviction
|
We
fought child pornography charges at a jury trial. Despite 2 confessions,
soldier acquitted on numerous images, convicted on possessing extremely
offensive videos.
|
At trial, the Government asked for 8 years in
prison. Jury sentenced soldier to 18 months, 6 months less than plea deal
offered by Government
|
BCD
|
|||||
| Apr 2007
|
Multiple counts
of larceny of Gov’t property, wrongful appropriation of Gov’t property
|
35 years in
prison, DD, Total forfeiture, E-1, Felony conviction
|
Numerous
General court martial charges of larceny and wrongfully appropriation of over
$25,000 worth of sensitive military equipment including night vision goggles,
body armor, and other sensitive items. Airman made a confession and sensitive items were recovered from a
search and seizure of the airmen's home
|
Client refused all plea deals. All charges dismissed a week before the Article 32.
|
Chapter 4, OTH
|
|||||
| Feb 2007
|
Conspiracy to
steal $25,000, disrespect to an officer, fraud, violation of a General
regulation
|
1 year in prison,
BCD, Total forfeiture, E-1, Felony conviction
|
Client accused
of stealing $25,000 from a mortgage company and telling Commander “this is
bullshit” after she was read an Article 15. This is the second time we defended this client
successfully on different charges.
|
Not Guilty of All Charges after 3 day jury
trial
|
NONE
|
|||||
| Jan 2007
|
Aggravated
assault with intent to inflict grievous bodily harm & making death
threats
|
10 years in
prison, DD, Total forfeiture, E-1, Felony conviction
|
Client charged with
beating and strangling his wife. Lots of blood, gruesome photos. Client broke hand as a result. We tried the case in front of a jury & won the choking allegation
and had the death threats dismissed.
|
Government asked for 5 years of confinement. Jury Sentence: 179 days in
jail, NO DISCHARGE, E-1, & no forfeitures
|
NONE
|
|||||
| Jan 2007
|
Premeditated
murder of 3 men, conspiracy, death threats
|
Death penalty,
DD, Total forfeiture, E-1, Felony conviction
|
Originally
recommended for the Death Penalty. Client was charged with 2 counts of 1st degree execution style murder,
attempted murder on 3rd victim, conspiracy to murder, threatening witnesses,
obstructing justice. We defended the case in Iraq & the U.S.
|
Negotiated 18-year deal.
Client will be parole eligible in 5 1/2 years (less than 2 years per murder
charge). Client received first clemency hearing in DC within 10 months.
|
DD
|
|||||
| Dec 2007
|
6 charges of
mortgage fraud, forgery, impersonating an E-7, and 2 counts of conspiracy
|
1 year in prison,
BCD, Total forfeiture, E-1, Felony conviction
|
Client was accused of being involved in a
mortgage fraud / theft conspiracy.
|
5 out of 6 charges
dismissed by Military Judge before the jury was seated after defense lawyers
filed 3 motions to dismiss charges of
forgery, impersonating an E-7, dishonorably failing to pay a $27,000 debt,
and 2 counts of conspiracy.
|
NONE
|
|||||
| Dec 2006
|
3 counts of
aggravated assault
|
32 years in
prison, DD, Total forfeiture, E-1, Felony conviction
|
3 counts of felony aggravated assault with intent to inflict serious
injury on 3 victims (broken nose, jaw, and cheek bone). Client was accused of
severely beating 1 enlisted soldier and two enlisted wives outside of the
club on post in Mannheim. Officer since promoted to O-5.
|
All court martial charges dismissed after
aggressive Article 32 defense
|
NONE
|
|||||
| Summer 2006
|
Conspiracy,
obstruction of justice, false official statement
|
15 years in
prison, DD, Total forfeiture, E-1, Felony conviction
|
Served of counsel in the
defense of soldier implicated in murder of an entire Iraqi family and the
alleged rape of their daughter in Mahmoudiya, Iraq on 12 March 2006. Soldier
was charged with failing to report the attack but is not alleged to have been
a direct participant. Others involved received sentences ranging from 85
years to life in prison.
|
Soldier was the only soldier charged in the
incident to avoid a conviction and jail time.
|
OTH
|
|||||
| Feb 2006
|
3 charges of
assaulting and abusing detainees & 3 charges of maltreatment
|
7 years in
prison, DD, Total forfeiture, E-1, Felony conviction
|
Client
was court martialed for allegedly abusing detainees
captured in the "War on Terror" who were held at the Bagram Air
Base in Afghanistan, in 2002. Driver was charged with beating a Taliban
Division Commander known as Habibullah, whom the Army says died of his
injuries. He was also accused of throwing a shackled and handcuffed prisoner,
Omar al Faruq, against a wall. Faruq was the top al-Qaida deputy for
Southeast Asia with a long history of terrorism.
|
Client ACQUITTED
OF ALL CHARGES IN 12 MINUTES of jury deliberations
|
NONE
|
|||||