Experience:
Acquittals:
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 sexually molesting a young child in an on base swimming pool. 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-5 charges with rape of a female subordinate. Fully contested members trial, resulting in a 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-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-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 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-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 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-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.
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-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 0-2 with compromise of national security information in deployed environment. Avoided court-martial and non-judicial 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.
Negotiated Pleas:
Marine Corps E-8 charged with long term sexual molestation of step daughter. Case revolved around the psychological condition of the accused and the definition of his actions as either rape or carnal knowledge. Government agreed to pleas to carnal knowledge, sought to prove rape. Judge committed error by admitting statements of the alleged victim, petition in matters presented after the case resulted in the convening authority disapproving rape conviction. 15 year sentence reduced to 10 years.
Navy E-5 charged with murder of 7 year old son and attempted murder of wife. Case initially referred as “capital,” with the government seeking the death penalty. Long term investigation into mental state of the accused, coupled with extensive pretrial litigation, results in death penalty being taken off the table. Accused to be eligible for parole after serving 17 years of confinement.
Navy E-5 charged with murder of wife by shooting, disposing of body in wilderness area aboard base. Case initially referred capital, with government seeking death penalty. Case centered around whether the accused had conspired with paramour to commit murder; government ultimately unable to establish. Negotiated plea of guilty for a term of years, retained eligibility for parole at 17 years of confinement.
Marine Corps E-2 charged with murder of stranger at party by shooting. Case had potential gang related undertones. Case initially referred capital, with the government seeking the death penalty. Life without the possibility of parole was also an authorized sentence. Through extensive preparation and pretrial motions practice, able to negotiate a plea for term of years vice death or life without parole.
Female Marine Corps 0-4 charged with fraternization and adultery with a male E-3 while in command. Case complicated by evidence of ongoing contact after the relationship was discovered. Negotiated case to disposition at non-judicial punishment vice an Article 32 investigation and General court-martial. Major subsequently ordered to “show cause” for retention and characterization of service. At Board of Inquiry before 3 colonels, able to persuade board to characterize service as “honorable.”
Marine Corps E-1 charged with stealing an Amphibious Assault Vehicle (AAV), driving it through the closed installation gate, damaging local roads, causing an accident with a civilian vehicle, and causing almost $200,000 damage to the AAV, all while intoxicated. Accused had a prior summary and special court-martial for alcohol and vehicle related offenses. Negotiated pretrial agreement for 18 months confinement. Judge gave 3 years confinement. Sentence subsequently reduced to 9 months confinement by appellate courts.
Marine Corps E-5 charges with stranger rape on Ford Island, Pearl Harbor, Hawaii. Involved a confession and significant physical evidence. Judge awarded 10 years confinement at a guilty plea, subject to a pretrial agreement. Negotiated pretrial agreement for 2 years confinement, avoiding 8 years additional confinement. |