Navy Senior Chief with 15 years of outstanding service faced a Special Court-Martial on charges of sexual harassment and abusive sexual contact (with resultant sex offender registration if convicted) on allegations of grabbing the arm of an E-3 while attempting to kiss her on two occasions, in addition to repeatedly otherwise subjecting her to offensive conduct over a several month period of time. An enlisted jury found our client NOT GUILTY of both charges.

Navy E-7 was charged with violating Article 80, UCMJ for attempting to communicate indecent language to a child, as well four (4) specifications of Article 134, UCMJ, for using the internet to solicit a minor for immoral purposes, attempted transfer of obscene materials, as well as possession and distribution of child pornography. Our client was facing an Art 32 investigation as a prelude to a General Court-Martial. After our office was retained, we were able to negotiate a pre-trial agreement that provided for the case being referred to a Special Court-Martial, rather than a General Court-Martial where our client would likely face a dishonorable discharge, as well as several years of confinement. We were also able to secure the withdrawal of two of the Art 134 specifications relating to using the internet to solicit a minor and to attempt to transfer obscene material. Although the judge sentenced our client to a bad conduct discharge, 12 months of confinement, reduction to pay grade E-1 and a fine of $10,000.00, we were later able to secure the Command’s agreement to suspend the confinement sentence in excess of 6 months – our client ended up serving only 5 months, less good time of 25 days. The fine was also disapproved pursuant to the terms of the Pre-Trial Agreement, and his family was permitted to receive his pay during his confinement despite automatic forfeitures. Although his trial was scheduled to occur prior to the Christmas holiday, we were also able to secure an agreement to defer commencement of confinement until after the holidays, so that he could be with his family for the holidays.

Military physician was charged with sexually assaulting a female patient while examining her alone in his office. The officer was found NOT GUILTY of all charges by a General Courts-Martial jury.

Navy petty officer retained us a few days before he was scheduled to appear at a General Court-Martial on charges of rape and sodomy. The plea agreement which was signed by our client before we were retained, required him to plead guilty to rape which carried a maximum punishment of life without possibility of parole. Although our client signed a confession for the investigator wherein he admitted to sexually assaulting and committing sodomy of the complainant who was non-responsive due to intoxication, we felt he had a defense to the rape charge based upon his confession. Upon retention, we withdrew from the pretrial agreement and waived the Art. 32 in an effort to avoid the sodomy charge being changed to a forcible sodomy charge which our client effectively confessed to. We were then able to renegotiate the plea agreement that provided that our client plead guilty to a lessor charge of attempted rape and sodomy, which subjected him to a maximum punishment of 25 years (instead of life without possibility of parole as provided for under his original plea agreement). After the military judge accepted the pleas, although he sentenced our client to two years of confinement (the plea agreement provided for suspension of any sentence in excess of 12 months), he did NOT reduce our client’s rank, and most notably, our client was NOT SENTENCED TO A PUNITIVE DISCHARGE.

Navy E-6 charged with raping and sexually assaulting his step daughter over several years, as well as the assault and battery on his step daughter and son. In a negotiated plea agreement, we were able to secure the Government’s WITHDRAWAL of the rape charge, as well as the charge of assault on his son, in addition to the merger of three specifications of sexual assault into one specification. The Government further provided a sentence limitation, with the understanding the Government would still prosecute the merged “mega-specification” of sexual assault. In a trial before the military judge alone, our client was found NOT GUILTY of the remaining sexual assault charge and received a time served sentence (200 days) and reduction to E-3 for the assaults upon his step daughter which resulted in a perforated ear drum, and permanent scarring on her back from being struck by a belt.

Navy E-6 charged with multiple sex offenses against his mentally handicapped natural daughter who was under the age of 12, to include forcible sodomy. At the Art 32 investigation, although our client’s daughter did not testify, the child’s mother and maternal grandmother testified, as well as the emergency room doctor who examined the child, a social worker and NCIS agent who interviewed the child. After extensive cross-examination of all prosecution witnesses, the Investigating Officer found NO PROBABLE CAUSE to support any of the charges and recommended withdrawal of all charges. The command concurred – ALL CHARGES WERE WITHDRAWN.