MJA would like to announce a great victory for one of our Marine clients. Our client, a Marine Staff Sergeant, stationed at Fort Leonard Wood, was charged with sexual assault, sexual harassment, maltreatment, larceny, fraternization, and dereliction of duty. In a classic case of “he-said-she-said”, the truth found its way in front of the Court, and the Staff Sergeant was acquitted of all charges, except for fraternization and dereliction, and will be honorably discharged upon his EAS date next month. Congratulations to you, Staff Sergeant, for being principled, and having the courage to fight. (Healy 2017)
An Army Staff Sergeant at Fort Stewart with over 19 years of service was accused of 3 counts of sexual assault, 1 count of indecent exposure, and 4 counts of sexual harassment. The case had 5 alleged victims. Our client adamantly denied all charges. The CID investigation was shoddy and the Trial Counsel preferred the charges and referred them to a Special Court-Martial without speaking to any of the alleged victims. Our firm contacted four of the alleged victims and we were able to get all four to recant their stories and to inform the Trial Counsel that they would not voluntarily testify at the trial. Even after the witnesses recanted, the Government still insisted to proceed to trial. We requested an office call with the convening authority (Army Major General.) With a threat of an Article 138 Complaint to the US Forces Command Commanding General the Senior Trial Counsel, Chief of Military Justice, and the Trial Counsel recommended that the convening authority dismiss the case and withdraw all charges. The CG chose to do just that. The Staff Sergeant is currently awaiting his military retirement. (Silverman, 2016)
Corporal in the U.S. Marine Corps, Stationed at MCRD Parris Island, was accused of sexually assaulting a women while she slept in her marital bed. After vigorous cross examination of the alleged victim and others who were in the house, the members found the Corporal not guilty of all charges. (Healy 2015)
Specialist in the U.S. Army, stationed at Ft Bragg, was accused of sexual assault and other sex crimes related to allegations made by the wife of another active duty Soldier. Over two years later after the initial allegation, the Specialist had his day in court, where the military judge found him not guilty of all sex crime charges. The Specialist looks forward to the rest of his military career. We put on no evidence in our case-in-chief, but rather relied on the effective cross examination of each government witness, and the burden of proof to convince the military judge to find not guilty. (Healy 2014)
A U.S. Marine Corporal at MCAS Beaufort was charged with sexual assaulting his girlfriend and with reckless driving and reckless endangerment of another Marine in a separate incident. He was facing a potential life sentence and sex offender registration. All the charges were dropped and the Marine was allowed to separate from the Marine Corps with a general discharge. (Stephens, 2013)
U.S. Marine Lance Corporal was accused of sexually assaulting and forcibly sodomizing another Lance Corporal Marine while she was substantially incapacitated in her barracks room aboard Marine Corps Air Station Beaufort. The Marine Lance Corporal was facing life in confinement without the possibility of parole. Although the Marine was convicted, he received a sentence of time served and was released from confinement the same day his sentenced was announced.
A corporal in the U.S. Marine Corps was accused of sexually assaulting a female Army service member while she was substantially incapacitated in her barracks room aboard Hunter Army Airfield (HAAF). The Marine Corporal was facing decades of confinement at a general court-martial and a lifetime as a registered sex offender. He was acquitted of all sexual assault crimes. The Corporal is now married and will be medically discharged from the Marine Corps honorably.
At a general court-martial, a Sergeant of Marines was accused of sexually assaulting a female Marine while stationed aboard Fort Gordon. If convicted, the Sergeant faced decades of confinement and a lifetime as a registered sex offender. The Sergeant was found not guilty of all sex assault crimes and did not spend a single day in confinement.