Case Results

A Marine Corps E-6 with extensive combat experience, serious PTSD, and dramatic over prescription of opiods was accused of falsely obtaining a medical retirement, VA benefits, and lying to medical officers about the amount of combat blast exposure and traumatic brain injury (TBI). Aggressive litigation at both the Article 32 investigation and the pretrial motions phase showed that the Navy Medical Officer had coerced a confession from the Staff Sergeant, exploiting his compromised medical condition. Thorough investigation of his record revealed full documentation of TBI which the Medical Officer had missed or ignored. Result was dismissal of charges, and the Staff Sergeant left the Marine Corps with his medical benefits fully intact. Dismissal of Charges due to Wrongful Interrogation

Marine Corps E-9 accused of sexual molestation of dependent daughter based on a “recovered memory” obtained by a psychologist using non-standard testing and treatment, as well as “New Age” psychic interventions. Extensive pretrial challenge of the reliability and validity of the psychologist’s approach to obtaining the recovered memory, coupled with undue influence from a custodial parent, led to the Military Judge determining that the methodology was unreliable and the testimony obtained by the use of the method was inadmissible. These findings were upheld on appeal. All charges against the Sergeant Major were dismissed, and he was able to honorably retire from the Marine Corps. Dismissal of Charges due to Improper use of Psychological Testing

Marine Corps 0-2 accused of sexually assaulting a female officer after a night of drinking by both parties. At the Article 32 Investigation, we presented extensive evidence of the aggressive actions taken by the female officer in seeking to be with the Lieutenant, and her fully cooperative nature. We further presented evidence concerning “alcohol induced black out” which show that a person could fully consent to actions without subsequently remembering them. After the investigation, the charges were dismissed without further action.

Marine Corps E-4 accused of using a knife in a brawl in on base housing. Extensive investigation of the case revealed that the complaining witness had left extensive facts out of his testimony, and the NCIS had failed to thoroughly investigate all potential explanations of what happened. Testimony at trial revealed that the “victim” was in fact the aggressor, and that the Corporal was reasonably acting in self defense.

Marine Corps 0-5 accused of wrongfully using codeine/morphine at a Board of Inquiry. Evidence showed that the family made extensive use of poppy seed bagels and other products. Presentation of expert testimony at the Board, coupled with testimony from the Lieutenant Colonel and senior officers who knew him well and testified of his integrity, resulted in a finding of “No Miscoduct” at the Board.

Navy E-5 at an administrative discharge board for wrongful use of cocaine. We focused on sworn testimony of “innocent ingestion”—that is, that the Sailor to not knowingly used drugs. Central to this defense was expert testimony of the remarkably small amount of incidental contact with cocaine that could result in a positive urinalysis. A board of Navy officers and senior enlisted returned a finding of “no misconduct,” and the Sailor was able to continue his career.

Marine Corps E-5 accused of domestic violence against a long term girlfriend. The case revolved around who the aggressor was, and the amount of force than can be used in order to escape a bad situation. Focusing on the key definition of “self defense,” we persuaded a panel of Officer and Enlisted members to return a finding of not guilty.

Marine Corps E-4 accused of domestic violence against his wife. The case involved two incidents where other individuals were present; the prosecution elected to present that wife’s case without exploring the testimony of other witnesses present. We presented the total facts of the case, showing that the events did not occur and that the complaining witness had fabricated the incidents in order to punish her husband. A panel of Officer and Enlisted members found the Corporal “not guilty.”

Marine Corps 2 ^nd Lt accused of maiming another officer in a bar room fight. The government sought 9 years of confinement in the case, and would only agree to a 7 year cap on confinement in a pretrial agreement. After putting on a very comprehensive sentencing case in a guilty plea, the military judge sentenced the Lieutenant to 13 months of confinement, dramatically less that the period of confinement sought by the prosecutors.

Navy E-2 accused of rape and physical assault by a former girlfriend at a general court-martial. The defense focused on numerous prior inconsistent statements, motives to misrepresent growing out of an unhappy break up, and delayed reporting of the offenses. We tried the case in front of Officer and Enlisted members, resulting in a not guilty verdict on all charges.

Navy E-8 accused of sexually assault a junior female sailor while on deployment overseas. Extensive investigation showed delayed reporting, motives to fabricate to get out of the remainder of the deployment, and significant inconsistencies in the complaining witness’ story. The extensive character for truthfulness of the Senior Chief also played a key role in the result. A board of Officer and Enlisted Members returned a finding of “Not Guilty.”

Marine Corps E-6 accused of sexually assaulting a guest staying in his home. The case included strong evidence of racial bias on the part of local police investigators, resulting in substantial questions concerning the reliability of police reporting and potential fabrication of testimony on the part of the complaining witness. A panel of Officer and Enlisted members found the Staff Sergeant “Not Guilty.”

Marine Corps E-5 charged with sexually molesting a young child in an on base swimming pool. Fully contested members' trial,
resulting in full acquittal.

Marine Corps E-8 charged with stealing money and ATM cards from multiple Marine’s wallets, then using the cards to withdraw cash. Fully contested members’ trial, resulting in full acquittal.

Marine Corps E-5 charges with rape of a female subordinate. Fully contested members trial, resulting in a full acquittal.

Marine Corps E-3 charged with rape of fellow Marine after dancing at the club. Issue centered on character of truthfulness of the alleged victim. Fully contested members’ trial, resulting in a full acquittal.

Marine Corps 0-2 charged with sexual harassment and maltreatment of subordinate on multiple occasions with multiple alleged victims. Case centered on possible collusion between “victims.” Full contested members’ trial, resulting in full acquittal.

Marine Corps E-7 charged with manipulating the supply system to obtain and steal diving gear. Fully contest members’ trial,
resulting in full acquittal.

Marine Corps E-5 charged with molesting neighbor child. Case centered on questionable forensic expert, but complicated by late breaking allegations from the accused’s sister of abuse occurring when they were children. Fully contested member’s trial, resulting in full
acquittal.

Navy O-4 charged with multiple allegations of sexual harassment against multiple alleged victims. Fully contested members’ trial,
resulting in full acquittal.

Marine Corps E-6 charged with hazing in an infantry unit. Case complicated by testimony of numerous junior Marines who bargained for lesser sentences in exchange for testimony against the Staff Sergeant. Fully contested members’ trial, resulting in full acquittal.

Marine Corps E-5 charged with luring victim into residence and sexually molesting her. Case focused on major credibility issues with child victim and prior lies. Fully contested members’ trial, resulting in full acquittal.

Marine Corps E-2 charged with aggravated assault of another Marine while attached to a separations company pending discharge.
Case complicated by testimony of numerous Marines who implicated the accused as the aggressor. Case focused on the character for
violence of the alleged victim and his actions to provoke a confrontation. Fully contested members’ trial, resulting in full acquittal.

Marine Corps E-3 charged with attempted rape of fellow female Marine. Caught in a wall locker in the alleged victim’s room. Fully contested members’ trial, resulting in full acquittal.

Marine Corps E-6 charged with BAH fraud. Case revolved around interpretation of orders and the credibility of claims filed by the
accused. Fully contested members’ trial, resulting in full acquittal.

Marine Corps 0-2 with compromise of national security information in deployed environment. Avoided court-martial and nonjudicial punishment, finished service commitment with honorable discharge.

Marine Corps E-3 charged with distribution of controlled substances. Case focused on a controlled buy where there were equipment problems and failures. Fully contested members’ trial, resulting in full acquittal of the accused.