Court Martial Results: Part 2

Click here to see Court Martial Results Part 1
Click here to see Court Martial Results 1(A)
Click here to see Court Martial Results 2
Click here to see Court Martial Results 3
Click here to see Court Martial Results 4

  • U.S. v. Army CW3, Fort Rucker, Alabama – Aviator client with 17 years Active Duty accused of three sexual assaults and one charge of conduct unbecoming an officer. Client signed an alleged “confession.” Contested all charges in front of an officer jury.Result: ACQUITTED OF ALL SEX CHARGES, Convicted of conduct unbecoming. Sentence: Reprimand, 2 months restriction to post, NO JAIL TIME, NO DISCHARGE, NO FORFEITURES
  • U.S. v. Air Force O-5 – Buckley Air Force Base, Colorado – Client accused of attempted larceny of over $70,000, false official statement, fraud, filing a false claim, multiple lengthy AWOL.Result:
    ALL CHARGES DISMISSED AFTER ARTICLE 32, client allowed to retire with an honorable discharge. Saved $2 million retirement.
  • U.S. v. Army E-8 – Tripler Army Medical Center, Hawaii bestmilitarydefensedefenseattorneys9.54.29PM
    Client accused of sexually harassing 2 subordinates, hazing & abusing 2 other soldiers, failing to go to work for weeks at a time, & wearing an unauthorized Combat Action Badge (CAB) in order to get promoted. We contested all charges.Result: 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 so long so client stays out of trouble.
  • U.S. v. Air Force E-5 – Hickam Air Force Base, Hawaii – 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 . After carefully reviewing thousands of document. 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.Result: All charges dismissed on 15 March (two days before trial)
  • E-6 – Iwakuni Air Base, Japan – Client accused of raping & then stalking a drunken lower enlisted Marine & other additional charges. She had her friends backing up her allegations.  Faced Life in prison, Dismissal, Sex offender registry, Felony conviction. 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. Gov’t would not back down.Result: 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.
  • Army NCO Vilseck, Germany / Baghdad, Iraq – Faced Death / Life without the possibility of parole  Client and two fellow NCOs executed 4 blindfolded and handcuffed Iraqi prisoners and dumped their bodies into a Baghdad canal.bestmilitarydefenseucmjdefenselawyer38 The Iraqi were confirmed Shiite snipers that had murdered several American infantrymen and Sunni civilians. However, the Army did not care and pressed forward. 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. 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.UPDATE – The commanding General cut 15 years off of SFC Mayo’s sentence. He is now parole eligible in 6 and a half years. Attorneys, Mr. Waddington, MAJ Kageleiry and Geoffrey Nathan are fighting to reduce SFC Mayo’s sentence further.
  • E-8(P) – Fort Bliss, Texas – Male Army soldier client accused of raping & sodomizing a lower enlisted male soldier. Charge sheet was scheduled to be read to client when we were hired. Client faced life in prison & sex offender registry.We interviewed the alleged victim and presented evidence to command that exposed the holes in the Gov’t case. Command held off on filing charges for 6 months & finally agreed to drop charges so long as client retired.Result: Client retired with an honorable discharge & received a letter of reprimand.
  • Civilian – Aiken, South Carolina – Client arrested and caught on police camera with a 22 pound bundle of marijuana in the trunk of his car. Charged with felony drug trafficking & faced 10 years in prison.Result: Prosecution dropped charges / Nol pross – No jail time, no conviction.
    • U.S. v. O-2 – Bliss, Texas bestmilitarydefensedefenseattorneys9.53.48PMcopy 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.Faced up to 15 years in prison, a DD, and a felony conviction. We got involved & tried to resolve the case without a court martial or NJP. Accused of fraternization, violation of an order, conduct unbecoming and officer.Result: Declined to prosecute.  Client allowed to PCS without repercussions

Click here to see Court Martial Results Part 1
Click here to see Court Martial Results 1(A)
Click here to see Court Martial Results 2
Click here to see Court Martial Results 3
Click here to see Court Martial Results 4

  • U.S. v. O-4 – Fort Benning, Georgia – 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.  He was also accused of impeding an investigation & conduct unbecoming. Faced up to 10 years in prison, a dismissal, and a felony conviction.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.Result: Letter of Reprimand, no court martial charges filed, No NJP or Article 15.

 

  • U.S. v. E-2 – Hurlburt Field Air Force Base, Florida – Client faced 15 years in jail. He made a detailed written & oral confession admitting to the crimes. He broke into the dorm room of a female airman that he did not know and sexually assaulted her as she slept. Best plea deal offered was 3 years in jail & a punitive discharge. We fought the case in front of an officer jury.Sentence: 8 months and NO DISCHARGE (client still in the Air Force). Sentence reduced by 1 month in clemency
  • U.S. v. Air Force E-6 – Yokota Air Force Base, Japan bestmilitarydefensedefenseattorneys9.51.22PM Client with 18 years of service was accused of stealing $9,075 and taking and gambling thousands of additional dollars from the Air Force cash vault that he managed. Faced 10.5 years in prison and a dishonorable discharge. This was the largest loss of bank vault funds in recent AF history.Signed “confession” and allegedly made verbal admission of guilt to investigators. Prosecution team of 3 lawyers played hard ball and flew in senior trial lawyer from Los Angeles, CA when client rejected plea bargain. Contested charges in front of an enlisted panel.Result: Client ACQUITTED of felony larceny of $9,075. Convicted of wrongful appropriation (borrowing money) which is a misdemeanor.Sentence: NO DISCHARGE, 1 month confinement, reduction to E-4, forfeitures, restriction and 60 days hard labor without confinement. Prosecution asked for the maximum during sentencing proceedings.
  • U.S. v. Army E-4 – Fort Riley, KS – Soldier accused of rape, adultery, and false official statement. Faced life in prison and sex offender registry. Soldier signed confession when interrogated by CID.We were hired well 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. After 2 months of negotiations, command gave client an Article 15 for adultery.Declined to prosecute despite “confession.”
  • U.S. v. Air Force E-5 – Seymour Johnson Air Force Base & Kirkuk, Iraq bestmilitarydefenseucmjdefenselawyer37 Air Force Security Forces client faced 41 years in prison and sex offender registry. Charged with 2 charges of felony aggravated sexual assault and one charge of sexual harassment.Over a dozen witnesses. SJA office calculated case was worth 25 years and a Dishonorable Discharge. They played hard ball. Air Force sent “top gun” prosecutor from DC to try the case. We fought the charges in front of an enlisted jury.Result: Client ACQUITTED of all sex charges. Convicted of misdemeanor harassment.Sentence: 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.
  • U.S. v. O-5 Army Medical Officer – Germany – Client accused of serious criminal and ethical violations recommended for court martial. Investigated case and presented favorable evidence to command.CASE CLOSED, NO ACTION TAKEN.
  • U.S. v. NCO – Air Force (details withheld) – Client accused of conspiracy to traffic and trafficking massive quantities of alcohol into Middle East AOR.CHARGES DISMISSED AFTER WE GOT INVOLVED.
  • U.S. v. Army O-6 – Kuwait / Fort McPherson, Georgia – High profile case where Colonel 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 CHARGES & NEGOTIATED HONORABLE RETIREMENT.
  • Naval Academy Rape Allegation bestmilitarydefenseucmjdefenselawyer21
    ALL COURT MARTIAL CHARGES DISMISSED.
    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. Article 32 officer gave strong opinion in favor of client.
    Article 32 Investigating Officer Recommends dismissing court martial charges. ALL CHARGES DISMISSED.
  • U.S. v. Marine E-6 – Camp Foster, Okinawa, Japan – 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 defense expert requests, trying to force a plea deal. We contested the charges in front of a Marine jury and attacked the sloppy NCIS investigation and inconclusive lab tests.Result: NOT GUILTY. FULL ACQUITTAL.
  • U.S. v. Army E-4 – Camp Humphreys, Korea – Soldier charged with aggravated sexual assault/rape of another soldier. Strong DNA evidence. Client faced over 30 years in prison. We fought the case in front of an enlisted jury at a court martial.Result: NOT GUILTY. FULL ACQUITTAL in approximately 30 minutes.
  • U.S. v. Army E-3 – Camp Casey, Korea – 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. Result: ALL COURT MARTIAL CHARGES DISMISSED 5 DAYS BEFORE ARTICLE 32 under Chapter 10.
  • U.S. v. Army E-4 – Schofield Barracks, Hawaii – FOB Warrior, Iraq  bestmilitarydefenseucmjdefenselawyer31 Army Scout accused of murdering an Iraqi detainee/insurgent. Client allegedly shot a wounded detainee twice in the head at a distance of 4 feet. Charged with 1st degree premeditated murder (mandatory minimum – life in prison). Client admitted 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.Result: ACQUITTED OF MURDER, convicted of aggravated assault by offer (discharging the weapon near the detainee but missing him)Sentence: RETAINED ON ACTIVE DUTY, 120 days in jail, reduced 2 grades, reprimand, NO FORFEITURES – Soldier will be paid while in jail. Will return to the unit
    and continue his career.Released early from jail pending clemency.SENTENCE, CONVICTION REDUCED.