Case Results
NOT GUILTY OF ALL CHARGES
NOT GUILTY
Army E-7 with 22 years of service faced accusations of domestic assault/battery on his former wife, and his son, as well as sexual abuse of his daughter. In addition, he was charged with abusive sexual contact of two young girls who lived with their mother in the house he shared with his NCO roommate. Prior to trial, we litigated issues related to allegations of his former wife which were considered as uncharged misconduct. At that motion session, his former wife and her mother were required to testify and as a result of extensive cross-examination, the Government later withdrew all charges related to his family. At the trial by military judge alone, Mr. McCormack’s cross-examination of the children, and their mother clearly exposed significant problems with their respective testimony. Without presenting any evidence in the defense case, our client was found NOT GUILTY of the Charge and specifications that had been hanging over his head for approximately three years.
CHARGES DISMISSED
A Navy Second Class was facing Captain’s Mast and Involuntary Administrative Separation with a potential Other Than Honorable discharge for testing positive on a random urinalysis test. Client retained McCormack & McCormack for representation through the Captain’s Mast (Article 15) process and the Administrative Separation. The client was attached to a Naval Vessel and therefore had no right to decline the Non-Judicial Punishment. Knowing this, we made the strategic decision to attack the Captain’s Mast process through everything we had. Ultimately, our client pled not guilty at Captain’s Mast and the Commanding Officer presiding at the Mast found him Not Guilty and Dismissed the Article 15. This is particularly rare because the burden of proof for Captain’s Mast in the Navy is only preponderance of the evidence NOT beyond a reasonable doubt. We also convinced the Commanding Officer to make a finding of No Drug Incident which ended the otherwise mandatory administrative separation processing.
NOT GUILTY AT NAVY CAPTAIN’S MAST (ARTICLE 15)
A Navy First Class was facing Captain’s Mast and Involuntary Administrative Separation with a for a positive drug test. This case presented some challenges as our client had a previous Non-Judicial Punishment for an unrelated matter only shortly beforehand. Like many members of the U.S. Navy, our client was attached to a ship and therefore had no right to decline the Non-Judicial Punishment. Therefore, winning the Non-Judicial Punishment was crucial to saving his career. We guided our client through the DRB and XOI process, performing background investigative work and unique administrative testing to prepare for the Mast. Well prepared, our client pled not guilty and was fully acquitted at the Non-Judicial Punishment proceeding, despite the lack of rules of evidence and the low burden of proof.
RETAINED
An E-7 Navy SEAL with 13 years of service was facing Involuntary Administrative Separation with the possibility of receiving an Other Than Honorable (OTH) characterization of service. A multiple deployment combat veteran, our client would otherwise have been entitled to a medical separation if he was not alleged to have committed misconduct. During his Administrative Separation Board, the government argued extensively that our client should be discharged for misconduct with an OTH, which would result in no eligibility for a medical separation. The board recommended by a vote of 3-0 that our client should be RETAINED.
CRIMINAL PROSECUTION AVOIDED
A Navy E-4 retained McCormack & McCormack after learning that he was under investigation by NCIS. By gaining valuable legal representation during the investigative stage, client was able avoid many of the common pitfalls that allow the Government to build a successful case against them. Ultimately, by having the advice, guidance, and advocacy of an attorney during the investigative stage client was able to avoid any criminal charges ever being filed against him for what otherwise would have been a serious felony level offense.