Past Cases

Client Acquitted of Attempted Premeditated Murder

Practice Area: Criminal Defense
Date: Mar 10, 2009

Outcome: Client acquitted of attempted premeditated murder, found guilty of assault with intent to cause grievous bodily harm; sentenced to time served, reduction to lowest enlisted grade, and total forfeitures; no punitive discharge

Description: Client stabbed roommate in liver during 2008 Labor Day holiday, under mistaken belief roommate stabbed him in the back then lied to him about who stabbed him. Both client and roommate’s blood alcohol levels were .35, and another witness’ blood alcohol level was .15. Client was placed in pretrial confinement for about 6 months and 1 week. Client pled guilty to assault with a dangerous weapon, and pled not guilty to attempted premeditated murder.

Combat Injured Veteran’s Fourth Amendment Rights Vindicated

Practice Area: Criminal Defense
Date: Feb 12, 2009

Outcome: 90 days’ confinement, reduction to E-1, total forfeitures; no punitive discharge; administratively separated with General Under Honorable Conditions discharge

Description: Client was deployed to Iraq, severely injured when a grenade thrown by an insurgent exploded in front of him at point-blank range. Client was medically evacuated and returned to the United States for treatment of his physical injuries and major traumatic brain injury. His personal belongings were shipped back to the United States as well. Client’s personal computer was illegally searched at the Joint Personnel Effects Depot in Maryland. Child pornography was discovered during this illegal search. The government called this illegal search an “inspection,” which allows government officials to search service member’s belongings without a search warrant. I wrote a 35-page motion to suppress the evidence on my client’s computer as a violation of his Fourth Amendment rights. The extensive litigation revealed that the computers of THOUSANDS of severely combat-wounded Soldiers were searched illegally, under the guise of “national security.” Unfortunately, the military judge ruled in favor of the government. My client was found guilty of possession of child pornography. Fortunately, our highest military appellate court subsequently ruled in a similar case that these so-called “inspections” were really illegal searches, thus making my client eligible for reversal of his conviction and reinstatement with back pay.

No Confinement or Discharge for 3-Year AWOL

Practice Area: Criminal Defense
Date: Aug 22, 2008

Outcome: One grade reduction, 90 days hard labor without confinement

Description: Foreign national client experienced extreme family problems during his deployment to Iraq. He tried fixing them during his leave and upon his return from Iraq, but was not successful. Instead of returning to his unit, he stayed in his home state. After about 3 years, he decided he had to do the right thing, and turned himself in to military police. Initially my client was charged with desertion. Because my client was a foreign national, a conviction for desertion meant a permanent bar to US citizenship. My client pled guilty to a lower charge of AWOL. His battalion commander testified on his behalf on sentencing, telling the military judge that he was impressed that my client returned to Iraq from leave, instead of going AWOL in the middle of his deployment, given the severity of the family problems my client was experiencing. The battalion commander also testified about my client’s excellent duty performance during his deployment, and that he would take my client with him during another deployment. The military judge could have sentenced my client to a year in prison and a dishonorable discharge. Instead, the military judge only sentenced my client to a one grade reduction and 90 days hard labor without confinement!

Falsely Accused Client Acquitted of Rape and Forcible Sodomy

Practice Area: Criminal Defense
Date: Jul 21, 2006

Outcome: Client acquitted of rape and forcible sodomy. Convicted of minor military misconduct and received 2 weeks hard labor without confinement.

Description: Client accused of raping and forcibly sodomizing 22-year-old woman who was allegedly mentally handicapped. Woman traveled by bus, on her own, to see client for the purpose of having sex with client, in the hope of becoming pregnant so that her mother would start treating her like an adult. After sexual intercourse, woman became angry with client for calling her stupid and making her leave his room, so she falsely accused him of rape and forcing her to perform oral sex. Diagnosis of mental disorder was proven to be fraudulent, made solely for the purpose of enabling the woman to continue being an Army “dependent,” which resulted in her receiving free medical care, prescription drugs, and travel and shipment of household goods at government expense.

Two Courts-Martial, Two Convictions, No Punitive Discharge

Practice Area: Criminal Defense
Date: Sep 23, 2005

Outcome: Client administratively separated with a General Under Honorable Conditions discharge

Description: Client faced two separate courts-martial for allegedly stealing money from friends to fund his gambling addiction. Client always intended to repay the borrowed money with gambling winnings, but ended up losing. Client pled guilty to wrongful appropriation. He also faced allegations of perjury and violating orders in his second court-martial, of which he was found not guilty. Client sentenced to 6 months’ confinement in each case, which allowed his paycheck to be diverted to repay the victims. No punitive discharge was given in either case!

Foreign National Client Earns Education and US Citizenship

Practice Area: Criminal Defense
Date: Jan 07, 2000

Outcome: Client convicted of some charges, sentenced to 3 years’ confinement, bad-conduct discharge, reduction to lowest enlisted grade, total forfeitures

Description: Foreign national client joined Army in hope of gaining US citizenship. Client befriended the wrong people, who were dealing drugs. One of the “friends” turned informant, based on law enforcement agent’s promise of no jail time. My client was court-martialed for several drug crimes, based on the informant’s testimony and the law enforcement agent’s testimony that no promises were made to informant and no meetings with informant occurred after informant terminated. Three months later, at informant’s trial, informant produced an audio recording of a meeting the law enforcement agent denied occurring. The law enforcement agent could be heard on audio repeating his promise of no jail time. Client requested a new trial based on newly discovered evidence of perjury. The appellate process continued for about 7 years, preventing client’s deportation. After completing confinement, client changed his life, obtaining a master’s degree, gainful employment, and US citizenship.

Falsely accused client acquitted of rape and kidnapping

Practice Area: Criminal Defense
Date: Aug 20, 1999

Outcome: Client acquitted of rape and kidnapping. Convicted of minor military misconduct, sentenced to restriction, reduction in rank, and forfeitures.

Description: Client met a civilian woman at a party and agreed to “hook up” in his barracks room afterwards. After they had sex, he wanted her to leave but she wanted to stay. They got into an argument, she lunged at him, he pushed her away in self-defense, she hit her head on his bookshelf, which resulted in a cut. She was taken to the day room, where she accused him of rape and kidnapping. The government’s theory was that he hit her in the head with a tack hammer. At trial, we showed, through an expert forensic pathologist, that it was impossible for a tack hammer, or any hammer, to cause her injury. We also showed her character for untruthfulness. Client was convicted of only violating an installation regulation against the woman being in his barracks room after hours.

Mentally Ill Client Receives Medical Discharge

Practice Area: Criminal Defense
Date: Jun 08, 1999

Outcome: Charges dismissed, medical discharge

Description: Client faced a special court-martial empowered to adjudge a bad-conduct discharge for minor military misconduct. In cases like his, the command usually administratively separated Soldiers, but my client’s command wanted to make an example of him. Shortly before trial, my client was found wandering around on post, he looked confused and told people he was hearing voices. He was taken to the in-patient psychiatric ward at the military hospital, where he was diagnosed with a schizophrenic-type of mental illness. We requested a sanity board, which determined he was not able to participate in his defense, due to his mental illness. The government was forced to drop the charges. The command subsequently attempted to administratively separate my client, but with the severity of his mental illness, he did not meet the medical standards for adverse administration separation. The only choice available was to medically discharge my client. This allowed him to get the treatment he needed.

Master Sergeant Keeps Job

Practice Area: Criminal Defense
Date: May 17, 1999

Outcome: Separation board withdrawn by command

Description: An Army Master Sergeant (E8) faced an administrative separation board for wrongful use of a controlled substance. She accidentally took her child’s Ritalin medication. She used to put each family member’s medication and vitamin supplements in Dixie cups, but one morning, in a rush to get to work, she mistakenly grabbed her child’s Dixie cup instead of hers. Without proof she knowingly ingested her child’s Ritalin medication, her command could not administratively separate her.

Evidence Suppressed, Charges Dropped in Junk Mail Theft Case

Practice Area: Criminal Defense
Date: Apr 21, 1999

Outcome: Charges dismissed

Description: Client was a throat cancer survivor and mail clerk for his unit. A postal inspector decided to test the integrity of the postal system by sending a magazine to a fictitious resident. He honed in on my client when my client mailed in a subscription card in the magazine. The postal inspector and CID agents raided the mail room. The CID agents involved in the raid placed my client in custody, then interrogated him without advising him of his rights. The CID agents then coerced my client into “consenting” to a search of his barracks room, where they found more junk mail, the kind of junk mail people usually throw away without reading it, or mail addressed to “current resident.” We filed a motion to suppress all the evidence, due to the violation of my client’s Fourth and Fifth Amendment rights. The military judge agreed with us and suppressed all the evidence. Without any evidence, the government had no choice but to drop the charges.