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.
Result: 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