Included below are summaries of recent and significant cases successfully handled by Military Justice Attorneys. If you are facing any of the circumstances described or have been accused of other wrongdoing, please contact us for a free consultation.
A Sergeant stationed at Marine Corps Recruit Depot Parris Island was accused and charged with 15 different specifications of hazing, maltreatment, and orders violations of nine recruits at a General Courts-Martial. The Sergeant was later convicted of only one orders violation, and received no punishment by the military judge. The Sergeant was facing nearly four decades of confinement and a dishonorable discharge. (Hafemann, 2014)
A Corporal of Marines was accused of receipt, possession, and distribution of child pornography at a general court-martial. The Corporal was facing nearly the rest of his life in confinement, as well as registration as a sex offender. The Corporal was found guilty of a lesser included offense of attempted receipt of child pornography but not guilty of all charged child pornography offenses. At sentencing, the jury members awarded only a six-month confinement and a punitive discharge; at the conclusion of the trial, a post-trial agreement was struck between the Corporal and his command to vacate the lesser included offense of attempted receipt of child pornography and suspend the punitive discharge. The Corporal was administratively discharged with an other-than-honorable-characterization of service and does not need to register as a sex offender. (Healy, 2012)
As a prosecutor for the Office of Military Commissions, Captain Hafemann served as a trial counsel on several Military Commissions cases: U.S. v. Hasan Bin Attash, an alleged al Qaeda operative, logistician, facilitator, and trainer whose family has close relationships with senior al Qaeda leaders and whose older brother is charged as a 9/11 co-conspirator. U.S. v. Abd al- Rahim Ghulam Rabbani and U.S. v. Ahmed Muhammad Husayn Ghulam Rabbani, both of whom are alleged al Qaeda facilitators who provided significant logistical support to a majority of the 9/11 hijackers. United States v. al Darbi, an alleged al Qaeda member who planned to carry out terrorist attacks against shipping vessels in the Straits of Hormuz. In all of these cases, Captain Hafemann was instrumental in preparing the prosecution team’s charging sheets, referral binders, and organizing the prosecution team’s review of documents for discovery and anticipated litigation and created a Standard Operating Procedure for the declassification of CIA material for use at trial. Of special note, Captain Hafemann was hand selected, and successfully conducted, a pretrial debriefing on an alleged detained al Qaeda bomb maker at Guantanamo Bay, Cuba. (Hafemann, 2012)
Congratulations to our drill instructor client who, after enduring nearly a year of investigations driven by national media scrutiny and the Government pressuring him to “deal,” stood strong on his moral principles. With excellent representation by MJA partner, Brian Magee, he avoided charges and today was awarded the drill instructor ribbon, marking a successful tour of duty on the drill field. (Magee, 2017)
Facing allegations of stealing government property, use of a controlled substance, and espionage while aboard Marine Corps Air Station Beaufort, a Lance Corporal of Marines could have been sentenced to life in confinement. After the Article 32 hearing, all espionage charges were withdrawn and dismissed by the command. Later, the Lance Corporal and command struck a pre-trial agreement in which he would plead guilty to the drug charges at a special court-martial but enter pleas of not guilty to all other charges. The Lance Corporal was later discharged from the Marine Corps with an other-than-honorable discharge. (Healy, 2010)
MJA would like to announce an outstanding legal victory for one of our Army client’s. Our client who was subjected to a random anti-terrorism measures program (RAMP) inspection on Fort Stewart, Georgia. The military police discovered an unregistered firearm, a bag containing 23 grams of “flaka” (a form of designer drugs akin to bath salts), and three hydrocodone tablets in a small plastic baggie. Before retaining our firm the client waived his rights and made several admissions of guilt to Army CID. Ultimately, the client was charged with a series of drug-related offenses, and was facing a court-martial.
Mr. Michael Silverman, the attorney of record for MJA, immediately saw some irregularities with the search. During discovery, MJA requested the policies and procedures governing the RAMP on Fort Stewart, and all documents associated with the daily record from the gate. After reviewing the discovery, MJA arranged for interviews with each MP involved in the search, and subsequently filed a motion alleging the search was illegal on Fourth Amendment grounds. In a five-hour motion hearing that included the testimony of six witnesses, the Court held that the search was illegal and suppressed all the evidence, including the clients statements made to CID.
No defense counsel had ever before successfully challenged the Random Anti-Terrorism Program on Fort Stewart. Within two days the Commanding General withdrew all charges and dismissed the case.
Our client was facing multiple federal convictions and would probably, without our representation, have received a bad conduct discharge, forever marring his record. Now, he will likely receive an honorable discharge and move-on to a productive life. (Silverman 2017)
A First Sergeant in the U.S. Marine Corps, stationed at Dobbins Air Force Reserve Base, was accused of defrauding the federal government of nearly $30,000 worth of pay and allowances. The defendant faced nearly 70 federal convictions, likely jail time of several years, and a punitive discharge from the Marine Corps. At the Article 32 hearing, the First Sergeant and command struck a pre-trial agreement, in which he would plead guilty to only three charges. In return, the First Sergeant entered pleas of not guilty to all other charges and specification. At sentencing, the First Sergeant was awarded 89 days of confinement, reduction to Gunnery Sergeant, and four months of forfeitures; however, he was able to honorably retire from the Marine Corps shortly after trial. (Healy, 2011)
A Gunnery Sergeant in the U.S. Marine Corps, with nearly twenty years of active-duty service, was accused at a general court-martial of writing $16,000 worth of bad checks. The Gunnery Sergeant was facing several decades of jail time, as well as a punitive discharge. She was able to strike a deal with her command to plead guilty to all charges at a summary court-martial, where there would be no resulting criminal convictions. At the summary court-martial, the Gunnery Sergeant received no punishment; she will honorably retire from the Marine Corps in several months. (Healy, 2012)
A Major in the U.S. Army, stationed at Fort Jackson, was accused of sexually assaulting another officer nearly three after the alleged incident. Members found the decorated Major not guilty of a charges after several hours of deliberations. (Sherburne 2015)
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)