COURT MARTIAL CASE RESULTS:
ATTORNEY MICHAEL WADDINGTON

Note: These are real case results from cases that Mr. Waddington personally handled over the past couple of years. 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 contact us with any questions or for clarification.

Date – Location

– Rank

 

Allegations/
Charges

 

 

Max Possible
Punishment

under UCMJ

 

Facts

 

 

Result

 

 

Discharge?

 

U.S. v. Army O-4 – Fort Carson, Colorado Violation of a regulation, mishandling SECRET documents, conduct unbecoming an officer and gentleman Dismissal, up to 10 years in prison, total forfeitures, Federal felony conviction Client was accused of mishandling SECRET documents in Iraq and allegedly trying to smuggle the documents out of the FOB, back to the US. Mr. Waddington fought this case at a Show Cause Board with attorney CPT Rheanna Felton. Result: Retained on Active Duty. NONE
U.S. v. Army E-4 – Fort Carson, Colorado Rape, Aggravated sexual assault, Assault, Willfully Disobeying an Order from a Commissioned Officer Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client was charged with raping a fellow soldier and committing an aggravated sexual assault (and assault and battery) on another female soldier. He was also charged with violating a no contact order imposed by his commander, to not contact one of the alleged victims.

Mr. Waddington along with CPT Jeremy Horn and CPT Melissa Desgupta-Smith fought the charges in front of an officer and enlisted jury.

During jury selection, we learned that the President of the jury, an O-6, was responsible for implementing the Fort Carson Sex Assault Program. He was friends with the Victim Advocates and had worked with the lead prosecutor, fighting sex assault. Stacking the jury with pro-prosecution jurors is something that Mr. Waddington is seeing more and more often in Army sex assault cases. In this case, this Colonel was removed from the jury.

In addition, a group of female Victim Advocates came to court every day and sat in the front row, in an apparent show of force. During a break in the court martial, one of the victim advocates started heckling the defense.

During the trial, the prosecution called the Chief of the Fort Carson Sex Assault Program, a supposed expert in “Sexual Assault Victim Behavior.” The “victim behavior” expert testified that all of the actions of the alleged victims in this case were “consistent” with sex assault victims. In other words, the victims were telling the truth. In reality, this “expert” never met the alleged victims, never reviewed the case file, and knew nothing about the case.

The expert told the jury that when victims lie repeatedly, that means they are telling the truth. When a victim changes major details of her story, that means she is telling the truth. When a victim embellishes her story, that means she is telling the truth. The expert testimony was absurd.

The defense was not allowed to discuss the past relationships of the alleged victims, including their relationships with the accused. The jury never got to hear the full truth because it was “too prejudicial.”

The defense showed that the Government witnesses had motive to lie, they had lied repeatedly in the past, and their allegations were false.

Result: NOT GUILTY OF ALL SEX CHARGES, Guilty of violating no contact order

Sentence: NO jail time, NO sex offender registration, NO discharge, 60 days restriction, forfeiture of pay, reduction to E-1

NONE
U.S. v. Air Force E-3 – MacDill AFB, Tampa, FL Sexual assault x 2 – Article 120, Assault and Battery Up to 30 years, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client was accused of sexually assaulting the wife of a fellow Airman on two occasions. Mr. Waddington was hired after the case was docketed for trial. We were able to negotiate a plea deal that saved client from a Federal Conviction and Sex Offender registration. Result: ALL SEX CHARGES dropped. Case was sent to a SCM so long as client admitted to assault. A Summary Court does not give the client a criminal record.

Sentence: NO sex offender registration, NO Federal conviction, NO discharge, 30 days of confinement, reduction to E-1

NONE
U.S. v. Marine O-3 – Marine Forces Reserve, Naval Support Activity, New Orleans, LA Rape, Adultery, Conduct Unbecoming an Officer and a Gentleman Life in prison, sex offender registration, Dismissal, Total forfeitures, Federal felony conviction A married female Marine officer accused our client of rape. Our client took and passed two polygraphs. The alleged “victim” did not take a polygraph.

Basically, the female officer cheated on her husband with our client and lied to cover up the affair. The alleged victim had a history of lying and adultery. Because NCIS wants convictions, regardless of the the truth, they ignored key evidence and failed to collect evidence that proved our client’s innocence. They also disregarded the two polygraphs.

Mr. Waddington and Capt David Segraves aggressively fought the allegations at the Article 32. The NCIS agent was exposed as incompetent and corrupt. The Article 32 officer determined that our client was innocent of rape. The NCIS agent became angry after the Article 32. He then launched a personal vendetta against our client, contacted his civilian employer and tried to get our client fired by claiming he was a rapist.

Luckily, we had the two polygraphs and the result from the Article 32.

In the end, the rape charges were dropped and our client pled guilty to adultery (the alleged victim was married, not our client) and conduct unbecoming an officer and gentleman. As a reward, the alleged victim was given protected “Victim Status” and continues to serve as a Marine Officer. She was never disciplined for adultery or for lying.

Result: ALL SEX CHARGES dropped. Case was sent to a Special Court – Misdemeanor Level – for Adultery and Conduct Unbecoming

Sentence: NO sex offender registration, NO felony conviction, NO jail time, Restriction for 60 days, Forfeitures

NONE
U.S. v. Air Force E-4 – Davis-Monthan AFB, Tucson, AZ Rape, Aggravated sexual assault Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client was accused of rape and aggravated sexual assault. The prosecution double charged him although sex occurred once.

This allegation was made months after the sex, while the “victim” was facing discharge from the military. (NOTE: In the modern military, if you are a female, one easy way to avoid a negative discharge for misconduct is to make up a false sex assault allegation. You are guaranteed an Honorable and you may get VA and victim compensation payments).

The accused allegedly entered a female Airman’s dorm room without permission and committed the offenses while she was incoherent from a high powered psychiatric medicine. The victim claimed that she did not invite the client into her room (in reality, she opened the door) and that she did not have a dating relationship with him (although they dated for weeks prior to the sex). We proved that her underlying story was not true. Our client maintained his innocence from the beginning.

The alleged victim claimed the crime happened while she was on a high powered prescription medication that rendered her catatonic. OSI took her word for it. After all, most OSI, CID, and NCIS agents believe that the accused is ALWAYS GUILTY and a woman would never lie. Special Agents often do not look at the facts. Rather, they look for evidence to help win a conviction. They overlook or cover-up evidence that proves innocence.

The prescription medication was crucial because the accused was positive that he did not have sex or any physical contact with the “victim” during the month that she claimed she was assaulted. If she was not on the prescription medication when the sex occurred, then she was lying about being unconscious during the sex.

Mr. Waddington went to Davis-Monthan and demanded to see the full medical records. OSI resisted. OSI never provided the full medical records to the SJA office or the defense. OSI cherry picked pages from the medical file but did not include the records that showed that the “victim” was not prescribed the medicine until a month after the sex. Bottom line: She never took the medicine until after she and the accused broke up.

OSI did not hand over this crucial evidence because they determined that it was “not relevant.” TO OSI, EVIDENCE THAT PROVES INNOCENCE IS NOT RELEVANT, therefore they often don’t hand it over.

At the Article 32, the investigating officer ordered OSI to hand over all medical records in their possession. Mr. Waddington, his co-counsel, Captain Jeffrey Davis, and the prosecutor, went to OSI to get their ENTIRE case file. It turns out that OSI never handed over crucial medical records and other evidence. This evidence supported the accused. The “victim” was not on the drug when the sex occurred.

Did the case stop here? NO WAY. OSI hand another plan. They tried to claim that the accused confessed.

Before the Article 32, OSI used a pre textual phone call and text messages to try and entrap our client into confessing that he committed rape. Our client was innocent and he denied the allegations. However, OSI violated their own procedures and chose not to record the phone call. Instead, they “took notes” on what was supposedly said during the 30 minute discussion. They took a 30 minute phone call and “summarized it” in a few sentences.

OSI completely twisted the conversation and the context of the conversation. For example, the accused said words such as, “I am sorry that you feel that way, but I did not assault you. I am sorry, but that did not happen. I am not that kind of guy. I did not rape you.”

OSI wrote that the accused repeatedly said “I am sorry” for what happened and expressed remorse for his actions. OSI took the stand and claimed that the accused admitted to sexual assault.

The defense presented evidence (receipts, bank records, text message, phone bills, and other information) that proved that the accused ended his relationship with the alleged victim a month before she ever took the drugs and that they never had physical contact since the break up. In other words, she was lying about having sex with the accused while knocked out by the drug.

DID IT END HERE? NO WAY!
The Article 32 officer acknowledged that the “victim’s” story had problems, she had terrible memory, and she was apparently not on the drug at the time of the sex. THE ARTICLE 32 OFFICER THEN RECOMMENDED A GENERAL COURT MARTIAL FOR AGGRAVATED SEXUAL ASSAULT

Mr. Waddington and Captain Davis brought on a high powered expert witness and Forensic Psychologist, Dr. Gabriel Holguin, to assist the defense at trial. The defense prepared for a contested jury trial and Dr. Holguin finally got a copy of ALL of the medical records. We cannot disclose the contents of the records. The records were not helpful for the prosecution. OSI should have been aware of the records, but they never bothered to look at them. The defense was ready to fight the charges at trial.

ALL CHARGES DISMISSED ON THE EVE OF TRIAL NONE
U.S. v. Army O-3 – Fort Jackson, SC Multiple counts of Aggravated sexual assault, fraternization, conduct unbecoming, inappropriate relationship, violation of a General Regulation Over 80 years, sex offender registration, Dismissal, total forfeitures, Federal felony conviction Client was the Company Commander of a Basic Training Company. He was accused by three different female trainees of sexual assault as well as charges of fraternization, violation of a regulation, conduct unbecoming and officer, and sexual harassment. In addition to the alleged victims, a number of other soldiers came forward to testify against our client. Our client also made a statement to CID that did not help his case. (Because of the sensitivity of the case, we are not including details, but the facts were not good for the defense). Our objective was to avoid a sex offender registration and jail time.

Mr. Waddington and CPT Jim Sleesman defended this challenging case in front of an officer jury. The Commanding General stacked the jury with his most senior Combat Arms officers (mostly Infantry LTC Battalion Commanders) and appointed his Chief of Staff to be the President of the jury. Waddington and Sleesman confronted the three alleged victims one by one, disproving their stories. In the end, our client was acquitted of all sex charges and 70% of the other allegations. He was convicted of violating a regulation and one count of assault & battery.

NOT GUILTY OF ALL SEX CHARGES, Convicted of other minor offenses Sentence: Dismissal, NO jail time, NO sex offender registration DISMISSAL
U.S. v. Army E-8 – SOUTHCOM, Miami, El Salvador, Fort Sam Houston, TX Rape, forcible oral and anal sodomy, adultery Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction 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.

NOT GUILTY OF ALL CHARGES NONE
U.S. v. Navy E-5 – Rota Navy Base, Spain Client accused of sexually assaulting a female sailor, tax evasion, fraud, aggravated assault on another female, indecent language, and other offenses. 20 years, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client accused of sexually assaulting a female sailor, tax evasion, fraud, aggravated assault on another female, indecent language, and other offenses. We plead not guilty and fought the charges. NOT GUILTY OF ALL CHARGES NONE
U.S. v. Air Force E-3 – McGuire AFB, New Jersey Two Sexual Assault – Article 120 offenses (aggravated sexual assault and wrongful sexual contact) and underage drinking 31 years and 6 months in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client was accused of two Sexual Assault – Article 120 offenses (aggravated sexual assault and wrongful sexual contact). He was also charged with underage drinking. Our client faced over 31 years in prison. He was accused of going into a bathroom where a female airman had been vomiting and was supposedly unconscious and sexually assaulting her. Two Security Forces police officers claimed to have witnessed the crime and intervened.

To strengthen their case, Air Force OSI agents planned a sting operation where the alleged victim called the accused and tried to get him to admit to the crimes. They recorded the call, in which the accused repeatedly apologized and said some very incriminating statements. The recording was played for the jury.

Michael Waddington and Capt Miguel “The Hammer” Acosta teamed up once again to defend the accused. We fought all of the charges in front of an enlisted jury.

Prior to the case, the McGuire AFB SARC (Sex Assault Response Coordinator) had intentionally tainted the jury pool by teaching EVERYONE ON THE JURY (15 jurors in total) classes about sexual assault. She had been teaching the base and members of the jury that if a female has ANY alcohol then the female cannot consent to sexual relations and if a female has ANY alcohol and has ANY sexual encounter, then she is a victim of sexual assault. Almost all of the jurors stated that if a girl vomits due to alcohol, then she cannot consent. The defense team had a difficult task ahead of them.

The defense was able to prove that the Security Forces police officer “witnesses” were liars and criminals and that they severely perjured themselves on the stand. We proved that they severely beat and abused our client the night of the “assault” because he was caught making out with one of their police officers girlfriends. In addition, the victim was exposed as a liar, drama queen and drug and alcohol addict. We showed that she also played a role in the beating and aggravated assault of our client and its cover-up.

NOT GUILTY OF ALL SEX CHARGES. Guilty of Underage drinking.

Sentence: NO JAIL TIME, NO DISCHARGE, NO LOSS OF RANK, Reprimand
and forfeiture of $200 x 4 months

NONE
U.S. v. Air Force E-4 – Minot AFB, North Dakota Rape, Breaking and entering Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction 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.

NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS NONE
U.S. v. Air Force O-5 with 18 years of service – McGuire AFB, New Jersey 9 charges & specifications: Adultery, indecent language towards female subordinates, unprofessional relationship with subordinates x 3, illegal use of a Government cell phone, and fraternizing with lower enlisted subordinates x 3 Over 35 years in prison, Dismissal, total forfeitures, Federal felony conviction 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).

NOT Guilty of Adultery. Three charges dismissed by the judge. In sentencing, the Judge merged two of the other charges into one charge. He was sentenced for 4 charges instead of 9.

NO DISMISSAL, 60 days in jail, forfeitures, and a reprimand.

NONE
U.S. v. Air Force E-4 – Eglin AFB, Florida Rape, communicating a threat Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction 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.

ALL CHARGES DISMISSED NONE
U.S. v. Air Force E-6 – Aviano AFB, Italy Larceny of over $200,000 in Government property, dereliction of duty and other offenses Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client with 18 years of service was responsible for a supply warehouse on various deployments. He was accused of stealing hundreds of thousands of dollars of military equipment and selling it on Ebay.

The Government lined up numerous witnesses and alleged coconspirators to testify that our client was guilty. The client was facing over 30 years in prison and a DD and he was originally offer a plea deal that would have sent him to jails for several years.

Mr. Waddington and ADC Capt Christopher James fought the charges in front of an enlisted jury.

NOT GUILTY OF ALL LARCENY CHARGES GUILTY of one charge, Dereliction of Duty

Punishment: 30 days in jail, NO DISCHARGE, one grade reduction, a reprimand, and forfeitures

NONE
U.S. v. Army E-5 – Fort Irwin, California Aggravated sexual assault and other sex crimes 30 years in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction 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.

ALL COURT MARTIAL CHARGES DISMISSED NONE
U.S. v. Marine E-4 – Quantico Marine Base, Virginia 3 charges of sexual assault/abuse of a minor, indecent exposure to a minor, communicating a threat Over 53 years in prison, sex offender registration, Dishonorable Discharge, total forfeitures, Federal felony conviction 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.

NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS NONE
U.S. v. Air Force E-5 – Luke AFB, Arizona Aggravated sexual assault, DUI Over 30 years in prison, sex offender registration, Dishonorable Discharge, total forfeitures, Federal felony conviction Client accused of Article 120 sexual assault and other offenses. He allegedly assaulted the wife of another airman. We were hired before charges were preferred and contacted OSI and the command to let them know our client intended to fight the charges. After several weeks of investigating, the command decided to not charge our client. Instead, he was given an Article 15 for sexual assault, which is almost unheard of. Client avoided jail, a conviction, sex offender registration and only received a one grade reduction and forfeiture of pay. NONE
U.S. v. Marine E-7 (E-8 select with 18 years) – Parris Island, South Carolina Bribery, Graft, Conspiracy, False Official Statement, Dereliction of Duty, Extortion Over 45 years in prison, Dishonorable Discharge, total forfeitures, reduction to E-1, Federal felony conviction Client served in 2005 at Fallujah, Iraq with the II MEF. He was accused of receiving over $180,000 in bribes and jewelry from contractors in Iraq in exchange for awarding contracts. NCIS spent 4 years and tons of money traveling around the world to build a case. NCIS cherry picked evidence, twisted witness testimony and withheld favorable evidence in order to build a stronger case. Because almost all of their evidence was hearsay that came from shady witnesses, the Government knew that they would have a difficult time winning at a court martial. Instead, they took client to a separation board and presented over 500 pages of documents, almost all of which was hearsay. They also played a NCIS interview in which the NCIS agent had a coached witness repeat scripted answers implicating our client. Then, they presented a lengthy Naval Audit Service Audit showing supposed “irregularities” in our client’s contracts. We were denied the ability to confront and cross examine our accusers because the Government would not bring them to the board. Several other Marines facing the same allegations were convicted at court martial.

Mr. Waddington and Captain Paul Isherwood fought the case in front of an officer board with one enlisted member.

NOT GUILTY OF ALLEGATIONS, RETAINED ON ACTIVE DUTY NONE
U.S. v. Air Force E-5 – Dover Air Force Base, Delaware Rape, burglary, false official statement and various other offenses Over 61 years in prison, sex offender registration, Dishonorable Discharge, total forfeitures, Federal felony conviction Client accused of rape and various other offenses.

Mr. Waddington and Captain Nate Himert, with the assistance of Dean Wideman, a leading DNA expert, fought the case in front of an enlisted jury.

NOT GUILTY OF ALL SEX CHARGES, NG BURGLARY, NG OF ONE CHARGE OF LYING, GUILTY OF FALSE OFFICIAL AND UNLAWFUL ENTRY
Sentence:
NO JAIL TIME, NO DISCHARGE, NO SEX OFFENDER REGISTRATION, 2 grade reduction, reprimand, forfeitures
NONE
U.S. v. Army O-3 – Fort Gordon, Georgia Aggravated sexual assault, various Article 120 sexual assault charges, dereliction of duty, conduct unbecoming an officer and gentleman, false official statement Over 45 years in prison, sex offender registration, Dismissal, total forfeitures, Federal felony conviction Client was a male nurse that was accused of numerous Article 120 sexual assault charges, dereliction of duty and other offenses. He allegedly repeatedly sexually assaulted a female patient that was under his care. We were hired before the charges were filed and began to build our defense. After charges were preferred, Mr. Waddington and CPT Sean Fitzgibbon contested the charges at the Article 32. 14 days after the 32, the General dismissed all charges and specifications. ALL CHARGES DISMISSED AFTER ARTICLE 32 NONE
U.S. v. Army E-6 – Fort Hood, Texas Attempted forcible sodomy, various Article 120 sexual assault charges, and maltreatment of a subordinate Over 35 years in prison, sex offender registration, Dishonorable Discharge, total forfeitures, Federal felony conviction Client allegedly sexually assaulted an E-4 female, numerous times, while on a funeral detail. Several of her friends, including one of the soldiers on the funeral detail, testified against our client. Mr. Waddington and CPT Joe Marcee contested all of the charges in front of an 8 member enlisted jury. NOT GUILTY OF ALL CHARGES & SPECIFICATIONS NONE
U.S. v. Marine E-4 – Marine Corps Base Hawaii Aggravated sexual assault, false official statement, and adultery 36 years in prison, sex offender registration, Dishonorable Discharge, total forfeitures, Federal felony conviction Client accused of aggravated sexual assault on a fellow Marine, false official statement to NCIS and adultery (client’s wife was a Marine). Client allegedly confessed to NCIS in writing and in a video taped statement, which were shown to the jury. NCIS and the USACIL crime lab found DNA evidence and semen. The alleged victim purportedly drank over 18 shots of tequila and numerous mixed drinks before she claims to have passed out. Mr. Waddington, along with Capt Jason Morris, fought the case in front of an enlisted jury. NOT GUILTY OF THE SEX OFFENSE, NOT GUILTY OF LYING TO NCIS, GUILTY OF ADULTERY.
Sentence: NO jail time, NO Discharge, 2 grade reduction, restriction, 45 days hard labor without confinement, forfeitures
NONE
U.S. v. Navy E-5 – Bahrain Navy Base Over 10 allegations including, vehicular homicide, DUI driving, fleeing the scene, involuntary manslaughter (x2) Over 60 years in prison, Dishonorable Discharge, total forfeitures, Federal felony conviction Client accused of getting drunk, smashing his car into pedestrians at over 55 mph, and then fleeing the scene. He was later apprehended. His purported BAC at the time of the accident was nearly 3 times the legal limit. One pedestrian was killed and the other lost his leg. Mr. Waddington and his co-counsel LT Jessica Pyle, fought the Government for over 7 months and eventually an excellent deal was worked out. 2 years, DD, E-1, TFP DD
U.S. v. Navy O-3 – Norfolk, VA (Soto Cano Honduras) Aggravated sexual assault (Article 120) on an enlisted female, sexual harassment, fraternization and conduct unbecoming regarding another female 60 years in prison, sex offender registration, Dismissal, total forfeitures, Federal felony conviction Client, a Navy Reserve officer, was charged with aggravated sexual assault (Article 120) on an enlisted female while stationed at Soto Cano Air Base, Honduras. He was also charged with sexual harassment, fraternization and conduct unbecoming regarding another female. We contested the case at the Article 32 and impeached the motive and truthfulness of the alleged victim and exposed weaknesses in the Government’s case. After months of negotiating, client was allowed to resign and all charges were dropped. Resignation in Lieu of Court Martial: OTH
U.S. v. Air Force O-5 – Hurlburt Field, Florida Rape, conduct unbecoming an officer, assault, false official statement, and numerous other allegations Life in prison, sex offender registration, Dismissal, total forfeitures, Federal felony conviction OSI conducted a massive, one-sided investigation, digging 8 years into client’s past, looking for anything they could use to convict him. They interviewed the client’s ex-wives, girlfriends, and even his children. They prepared a lengthy Report of Investigation. As usual, OSI wanted to push for charges. However, they did not conduct a background check into the supposed “victims” and did not interview key witnesses. Mr. Waddington and his ADC co-counsel investigated and presented the other side of the story to the command, which showed that the “victim” had serious mental health issues, a strong motive to lie and a history of similar false allegations. The SJA office declined to prosecute. Client received an Article 15 for false official statement and conduct unbecoming an officer. At the Article 15, the client contested the false official statement and was found Not Guilty. He admitted to the conduct unbecoming charge.
No court martial charges. At Article 15, client received a fine.
NONE
U.S. v. Army E-2 -Okinawa, Japan (Torri Station & Kadena Air Base Japan) Rape, aggravated sexual assault, breaking a no contact order multiple times, stalking, telling his SFC to “F$%$ Off” and other offenses Life in prison, sex offender registration, Dishonorable Discharge,reduction to E-1, total forfeitures, Federal felony conviction Client accused of rape, aggravated sexual assault, breaking a no contact order multiple times, stalking, telling his SFC to “F$%$ Off” and other offenses. Mr. Waddington fought the case with CPT Ernesto Gapasin in front of an enlisted jury. The prosecution presented a sex assault nurse expert, a DNA expert and hundreds of texts messages from client that supposedly showed his guilt. Not Guilty of all sex charges, numerous other charges were dismissed. Found guilty of remaining charges. Sentenced to time served, reduction to E-1, and a BCD. BCD
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.

Sentence: NO DISCHARGE, 156 days in jail (210 of sentence credit – 156 sentence = 54 days of jail owed to client), E-1
BOTTOM LINE: The client walked out of jail a free man with no discharge.

NONE
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
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
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
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
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
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
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
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
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
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
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
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 .
NONE
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 Hanscom 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
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
San Diego Navy Base, California – E-6 Multiple specifications of larceny of Gov’t property, conspiracy 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
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
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 returned to the unit.
NONE
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. 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 (3 days before the trail was scheduled to begin) NONE
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
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
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
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
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

, Dismissal from the military, Total Forfeiture

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
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
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

, loss of over $2 million in retirement

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
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
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. 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. NONE
Iwakuni Air Base, Japan – E-6

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
My Space 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

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. Client will be parole eligible in 6.5 years. DD (Upgraded to a BCD)
Fort Bliss, Texas
– E-8 P

Forcible
sodomy, fraternization, false official statement


Life in prison,
Dismissal, Total Forfeiture, Sex offender registry, Felony conviction

Male client accused of raping & sodomizing a lower enlisted male soldier. Charge sheet was scheduled to be read to client when we were hired. 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.

Client retired with an honorable discharge & received a letter of reprimand.

Honorable Retirement

Aiken, South Carolina – Civilian Trafficking 22 pounds of marijuana 10 years in prison, Felony conviction Client arrested and caught on police camera 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
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

Fort Benning,
Georgia – O-4

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

Hurlburt Field, FL

– E-2

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.

Sentence: 8 months and NO DISCHARGE

NONE

Norfolk,
Virginia O-2

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

Yongsan, Korea – CW3

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

Yokota AFB,
Japan

– E-6

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

Fort Riley,
Kansas – E-4

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

Seymour Johnson
AFB, NC & Kirkuk, Iraq – E-5
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

Germany – O-5 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

Hickam Air Force Base, Hawaii – E-5 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

Kuwait &
Fort McPherson, GA

– O-6

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

Camp Humphreys,
Korea

– O-3

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

U.S. Naval
Academy

/ Annapolis – Midshipman 3rd year

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
graduated and was commissioned
NONE

Camp Foster,
Okinawa, Japan

– E-6

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

Camp Humphreys,
Korea –

E-4

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

Camp Casey,
Korea

– E-3

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

Schofield
Barracks, Hawaii & FOB Warrior, Iraq

– E-4

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

Camp Red Cloud,
Korea – E-7
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

Yongsan, Korea

– O-3

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

Camp Humphreys,
Korea –

E-3

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

Jacksonville
NAS, Florida – E-8
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

NONE

Fort Gordon, GA

– E-3

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

Yongsan Army
Base, Korea – E-7

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.

Bell and GEN LaPorte charged with 10
charges. Senior commanders wanted to “make example” out of
soldier.  Fought all charges at
jury trial. A General, 3 Colonels, and 2 CW4’s testified against client.

NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL


NONE

Yongsan, Korea

– E-6

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

Camp Casey, South Korea

– WO1

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

Fort Gordon, GA

– E-7

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

Fort Lee, VA
& Fallujah, Iraq

– E-7

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

Naval District of Washington, DC

– E-6

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

Seymour Johnson Air Force Base, NC

– E-3

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

Tinker Air Force Base, OK –

E-4

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

U.S. Military
Academy, West Point, NY

– Cadet

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

Fort Gordon, GA

– E-7(P)

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

Fort Drum, NY

– E-3

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

Goodfellow Air Force Base, Texas – E-6

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

Andrews Air
Force Base, Maryland

– E-6(P)

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

Fort Carson, Colorado

– E-5

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

Fort Campbell,
KY & COB Speicher, Iraq

– E-4

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

Andrews Air
Force Base, MD

– E-6(P)

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

Heidelberg,
Germany

– O-4(P)

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

Baghdad, Iraq – E-5 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

Fort Bliss, TX
& Bagram,

Afghanistan – E-5

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

Note: These are real case results. However, all cases are different. A success in one case does not guarantee success in another similar case. We cannot guarantee, promise or predict a certain final outcome.

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