Client was a Special Forces soldier accused of violently raping and sodomizing a Salvadoran housekeeper. There was allegedly physical evidence, DNA evidence and numerous eyewitnesses that supported the claim. The El Salvadorans Government wanted our client in jail. To appease the Salvadorans, the American Government spared no expense to win this case. It became an international incident between the US & Salvadorans and Not Guilty was not an option for the US Government.

However, our client took and passed a polygraph and provided evidence to prove his innocence to the US Government. SOUTHCOM disregarded all of his evidence and suppressed it at trial. They wanted to make an example out of this soldier and gain favor with El Salvador by sacrificing one of their own (regardless of his innocence).

To gain an upper hand, the prosecution denied almost all defense witnesses. However, they flew up numerous El Salvadoran witnesses and several American witnesses to testify against our client. They also brought a Salvadoran doctor who tested that there was overwhelming physical evidence to prove rape.

To further stack the deck, the Army appointed one of the top Special Victim Prosecutors (SVP) in the Army. Then, they brought in a nationally known civilian prosecutor and expert in sexual assault prosecutions (similar to Nancy Grace) to work with the prosecution and get a conviction.

Mr. Waddington and Capt Dustin Murphy, along with legendary DNA expert, Dean Wideman, mounted a defense for our client with limited resources. We proved that the alleged victim was a hustler and liar, her husband most likely raped her, and that the DNA evidence proved our client's innocence.

Client was accused of breaking into the home of a female that he had just met that day and raping her while she was unconscious. This was a tough case because the alleged victim and her friends all claimed that she was very drunk, that she was vomiting, that she could not walk, and that she was unconscious. They also claimed that the next day, our client confessed to the crimes and apologized.

Mr. Waddington fought this case with ADC Capt Todd Tilford. We were also assisted by the renowned forensic psychologist, Dr. Jeffrey Younggren.

When we started jury selection, we discovered that the jury was stacked with biased jurors. Several jurors and/or their family members were sex assault victims, one juror was a sex assault victim advocate and one was in law enforcement. We got down to 5 jurors and fought the charges in front of an enlisted panel.

Our goal was to save his retirement eligibility, avoid lengthy jail time and to get a Not Guilty on the adultery. The client was married as were several "victims." The evidence was overwhelming and included text messages, numerous witnesses, vulgar Facebook messages, a hotel receipt and phone records.

Mr. Waddington and hard hitting ADC Capt Miguel Acosta fought the allegations in front of an officer jury. In the end, we were able to save his retirement and get a reasonable sentence (the prosecution asked for 6 months and a dismissal).

Client accused of violently raping, choking and threatening an Air Force Security Forces/Policewoman. After the alleged rape, he supposedly showed her a music video of a woman being raped, killed and eaten and threatened her. This alleged "victim" was very persuasive and could cry on demand. The problem was, she was lying. Our client maintained his innocence throughout the case.

The Air Force brought in their best and most aggressive female sex assault prosecutor, the Nancy Grace of the Air Force. This prosecutor is one of the best in the military.

The defense assembled a Dream Team of their own. Mr. Waddington, ADC Capt Andrew Norton, and Senior ADC Maj Jack Jones mounted their defense by extensively investigating the alleged victim. We knew she was a pathological liar but need the evidence to prove it. We were able to prove that the victim was the ex-girlfriend of the accused, after the "rape" they continued to have sex, that the victim posted Facebook messages joking about being raped, and other damaging facts.

In addition, we proved that the victim did not cry rape until after the accused dumped her and started to see another girl. First she claimed that she was pregnant and tried to get back together with the accused. When he refused, she accused him of rape.

We also presented several other airmen that the victim had falsely accused of sex assault and later recanted. The "victim" took the witness stand and lied about all of the above facts because she did not know that we had proof and we had her Facebook records.

Also, she claimed that after she was raped, she was forced to watch the disturbing rape video. We proved that the victim went to a rock concert of the band that made the video and posted pictures about it on Facebook, after the alleged rape.

This "victim" is still in the Air Force and will likely falsely accuse someone else in the near future. This goes to show that the command is afraid of women that falsely claim to be sexual assault victim. She should be court martialed for perjury and false official statement. Instead, she is still getting preferential treatment.

July 2011 - U.S. v. Air Force E-6 - Aviano AFB, Italy

Client accused of sexually assaulting a male subordinate soldier. The "victim" claimed to be straight and alleged that our client repeatedly sexually abused and assaulted him. The prosecution portrayed our client as a gay sexual predator. Our client claimed that it was the victim that was harassing and assaulting him.

Mr. Waddington, without military co-counsel, fought the charges at the Article 32 hearing. We were warned that the case was "going forward to trial regardless of what the Article 32 officer recommended." Undaunted, Mr. Waddington proceeded to fight the charges at the Article 32 and confronted the alleged "victim" with devastating text messages and gay porn images that the "victim" took of himself and sent to our client.

The lying "victim" thought the images no longer existed because our client's phone was destroyed. The images were forensically recovered by a private lab for use in defense of our client. At first, the victim denied the images and then, when confronted, he claimed they were taken and sent "by accident." Another lying Government "victim" was exposed.

Client worked in the American Embassy in Moscow, Russia. He was a member of the Marine Corps Embassy Security Group and was accused of sexually assaulting the minor daughter of Government personnel, one of whom was a senior FBI agent. Her father was a Washington insider that did whatever he could to see our client go down. Client was also accused of threatening the head of Embassy security. Our client was removed from the Embassy and a massive investigation took place. NCIS and other Government agencies attempted to build a case to convict our client. At trial, we requested numerous witnesses on behalf of our client. As is typical, the prosecution DENIED ALL BUT TWO of our witnesses. We were also limited in our ability to mount a defense because we were denied the right to collect evidence from the Embassy that could help prove our client's innocence. Embassy personnel were intimidated and warned not to speak with or help the accused. Our client maintained his innocence from the beginning until the end. At trial, the girl's father took the stand three times (he kept coming back to add "new information").

Despite the odds, Mr. Waddington and Capt Eric Winkofsky fought the case in front of a Marine jury during a two day trial at Quantico Marine Base.

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.

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.

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.