Court and Carpenter
Court and Carpenter
 

U.S. Army Courts-Martial

 

Army, SPC, E-4 “fully acquitted” by panel of sexual assault and other charges at Ft. Sam Houston, Texas.

 

Army, SSG, E-6 “fully acquitted” by panel of sexual assault and other charges at Ft. Campbell, Kentucky.

 

Army, SPC, E-4, “fully acquitted” by panel of sexual assault and all charges at JBLM, Washington.

 

Army, SFC, E-7, charged with sexual assault while stationed in Hawaii. Case went to Article 32, UCMJ hearing and charges were recommended for court-martial. Case later dismissed by military prosecutors after Defense proved alleged victim was misleading the government. Case dismissed.

 

Army, E-5, charged with sexual assault of a civilian in Alaska. Investigating officer recommended the charges proceed to court-martial, but case never referred  by military prosecutor based upon several problems with the case as highlighted during the Article 32.  Case dismissed.

 

Army, MAJ, O-4, served GOMOR related to making a false official statement and adultery. Defense drafts rebuttal that highlights the vulnerable nature of digital evidence, as supported by a detailed affidavit from a digital forensics expert. Commanding General (CG) “rescinds” GOMOR. MAJ’s exemplary professional reputation restored, and PCS’d to next duty station.

 

Army, LTC, O-5, served GOMOR for alleged wrongdoing related to federal remunerations. Defense drafted rebuttal that focused on insufficiency of evidence, and the grossly biased nature of the underlying CID investigation. Commanding General (CG) “withdraws” GOMOR. LTC’s exceptional military reputation protected. 9

 

Army, MSG, E-8, charged with sexually assaulting two junior enlisted Soldiers while downrange. He faced 34 years in prison. Military prosecutors spent nearly one year in attempting to bring this case to trial after some fortuitous events, namely the loss of an Article 32 tape recording, which resulted in an adverse ruling and a Government Article 62 appeal. Government later withdraws appeal, but new evidence arises. Ultimately, at trial, the Defense focused on good military character. Notably the Defense was able to make its initial showing of Unlawful Command Influence, and also filed a Motion for Prosecutorial Misconduct. Client did not testify. Military judge “acquits Soldier of all sexual assault charges” but found him guilty of fraternization and false official statement. Sentence: no sex registration, one stripe reduction, and no prison and/or jail time. Retirement protected and Client returned to duty.

 

Army, CPT, O-3, faced potential charges for sexual assault. Defense used compelling digital evidence from the complaining witness to persuade the trial counsel to issue a “non-prosecution (“non-pros”) memorandum. Case closed, client exonerated.

 

Army, 0-2, “fully acquitted” of sexual assault and all charges by a military judge at Fort Campbell.

 

Army, SGT, NCO, E-5, charged with aggravated assault. Government alleged SGT inflicted grievous bodily injuries upon another Soldier. Government calls Chief of the TBI Clinic in Landstuhl who testifies alleged victim is suffering from moderate TBI. He also essentially “vouches” to the alleged victim’s credibility. This so-called victim takes the stand and recounts the incident, and painstakingly recounts the debilitating harm he has suffered. Defense calls a Neurologist to the stand who rebukes the moderate-TBI diagnosis. Defense calls several solid character witnesses and relies heavily on its theory of self-defense. Client does not testify. Military jury “acquits Soldier of aggravated assault, obstruction of justice and drunk driving,” but convicts him of the lesser included offenses of assault and battery, and making threats. Jury retains Soldier in service, and despite requests from the trial counsel, gives him no jail time.

 

Army, Staff Sergeant, NCO, E-6, faced charges of vehicular manslaughter related to the unfortunate death of a German national near the Frankfurt airport. Military jury heard evidence that the NCO had driven into another lane and killed the oncoming driver. Defense was able to demonstrate, during its cross examination, that the Government’s accident reconstruction expert failed to conduct a thorough examination of the NCO’s vehicle prior to its destruction. Client did not testify. Military jury “fully acquits NCO of all criminal charges.”

 

Army, PV2, E-2, charged with abusive sexual contact of a minor related to his engaging in a consensual relationship with a civilian female. Client faced 7 years in confinement, federal conviction for sex offense and sex registration. Defense negotiates the case being sent to a Summary Court-martial (avoiding a federal conviction). Client pleads guilty and receives no jail time. Client also avoided sex registration. Convening Authority issues OTH discharge in accordance with pretrial agreement despite the fact that this Soldier’s entire lower level chain of command universally requested the discharge action be suspended.

 

Army Staff Sergeant, NCO, E-6, “turned-down” an Article 15, UCMJ and thus faced charges associated with his permitting another Soldier drive his car while drunk. His alleged conduct violated a USAREUR regulation. Defense persuades jury that the NCO could not have reasonably known the driver was intoxicated. Client did not testify. Military jury “fully acquits NCO of all criminal charges.”

 

Army, 0-4, faced involuntary separation for conduct unbecoming an officer for allegedly instigating a strip bar visit and making inappropriate sexual statements in the presence of junior officers, to include a offended female. Defense focused on the underlying paucity of the Government’s evidence, and called client to testify. Client’s wife also compelling testifies. “Board of Inquiry (BOI) retains Officer.” 10

 

Army Specialist, E-4, “turned-down” an Article 15, UCMJ action and thus faced a drug charge for cocaine use. Defense focused on destroyed urine sample, a negative hair sample test and this young female Soldier's outstanding military character. Client did not testify. Military jury “fully acquits Soldier of all criminal charges.”

 

Army, SSG, E-6, involved in serious car accident. Prosecutors claim NCO was driving drunk. Government considers court-martial charges, but offense ultimately resolved by Article 15, UCMJ. Defense drafts Article 15 rebuttal. Command reduces NCO one stripe, but agrees to forego any administrative separation. Client “retained” in service; and she continues onward with MEB and full medical retirement.

 

Army, SSG, E-6, faced several sexual assault charges. Defense vigorously defends NCO at Article 32, UCMJ hearing. Prosecutors “withdraw” sexual assault charges. Defense drafts Article 15 rebuttal. Command reduces NCO to E-5, but decides against involuntary separation. Client retained in service and returned to duty.

 

Army, 1LT, 0-3, probationary officer faced elimination based upon two GOMORs which claimed she committed adultery and unlawfully accessed private information (PII). Defense drafts rebuttal to GOMORs and Elimination Action. Commanding General (CG) meets with client for 90-minutes and decides to tear-up one GOMOR. CG recommends the other GOMOR be removed from her OMPF. Commanding General (CG) “withdraws” initiated Officer Elimination Action. Officer allowed to PCS to Korea. Update: Promotion Board pending (2015)

 

Army, Private First Class, (E-3) charged with murder in the death of a fellow Soldier in Frankfurt Germany. Defense negotiated a conditional plea with Government in preserving Client’s rights to appeal a denied motion to suppress filed by Mr. Carpenter, and argued by Mr. Carpenter. Soldier sentenced to life with possibility of parole.

 

Army, LTC, 0-5, charged with rape, aggravated sexual assault, indecent acts and making a threat. Defense demonstrated alleged victim destroyed evidence prior to meeting with CID. Panel acquits officer of all charges except a single offense of breast kissing. Officer faced a maximum sentence of 20-years confinement and dismissal. Prosecutors demand dismissal and "jail time." Military jury sentences officer to reprimand, forfeitures and 60 days restriction. Jury awards no jail time and no dismissal. Client issued PCS orders to Texas. Update: LTC retired with full-benefits (2015)

 

Army, Sergeant, E-5, charged with rape and sexual assault. Client enters plea of "not guilty" and case set for trial before military jury. Defense team mounts vigorous attack on the military prosecutor's evidence, demonstrating numerous inconsistencies with the alleged victim's testimony. Client testifies. Military jury "fully acquits E-5 of all rape and sexual assault charges.” Client convicted of adultery, but is retained in the service, with no sex registration, and no incarceration meted-out.

 

Army Specialist, E-4, faced involuntary separation for unsatisfactory performance related to his inability to maintain his military occupational specialty (MOS). Client had his medic license revoked on account of several court-martial convictions. Defense focused on good military character and opportunities for redemption. “Separation Board retains Soldier.” Administrative Separation Board (ASB) finds only two instances of "unsatisfactory performance." Returned to duty. Army Chief Warrant Officer, CW2, is investigated related to the crime of rape. Case thereafter resolved by OMPF filed GOMOR. Board of Inquiry convenes to address underlying allegations. “Board of Inquiry  

 

(BOI) retains CW2.” Board finds “no misconduct” occurred. Upon Defense request, Board President later submits a memorandum imploring the Commanding General (CG) to remove the instigating GOMOR from my client’s OMPF.

 

Army Major, O-4, sentenced to serve 24-months in confinement after being found guilty by court-martial panel of using cocaine. Thereafter Carpenter Law Firm was specifically hired to draft clemency (R.C.M. 1105) matters to the Commanding General requesting a new trial and a reduction in the sentence. “Commanding General (CG) grants Post-Trial Clemency” and reduces sentence of confinement by 18-months, and thereby released the MAJ from JBLM prison to work that very day.

 

Army 2LT, 0-1, probationary officer misbehaved after taking a large dose of a prescription medicine (paxil) and alcohol. Civilian police arrest client. Subsequent toxicologist screening indicates use of cocaine. Defense impeaches drug test result, and then drafts rebuttal addressing the underlying conduct. This was a highly complicated case. Defense took advantage of client’s academic background. “Commanding General (CG) dismisses initiated Officer Elimination Action.”

 

Army Sergeant, NCO, E-5, pled guilty to wrongful sexual contact of a child (under 16) at a Special Court-martial. Case was initially referred to a General Court-martial. As such Soldier originally faced over 10-years in confinement, and a dishonorable discharge. Military judge sentences E-5 to serve 7-months in confinement, and does not award a punitive discharge. Client's entire chain of command testifies on his behalf at the court-martial. Soldier reduced to PV2. Client was in the Army Band. Client released from confinement and discharged from the service with a General under Honorable Conditions Discharge, which assured his eligibility for VA benefits.

 

Army Staff Sergeant, NCO, E-6, accused of hazing and maltreatment of subordinates while in Afghanistan. Army investigators uncover the use of a "blood rank ceremony.” Command initiates investigation and client read for Article 15. Carpenter drafts rebuttal to Article 15. Case “dismissed” without further adverse action. NCO's flag lifted and PCS's to next duty station.

 

Army Staff Sergeant, NCO, E-5, charged with rape, sexual assault, making threats and fraternization. Soldier faced a maximum sentence of life in prison, dishonorable discharge and sex offender registration requirements. Article 32 investigating officer recommends the case be dismissed, but prosecutors still recommend Commanding General refer the case to General Court-martial. Case set for trial. Carpenter engages in aggressive pre-trial discovery.

 

Army Commanding General “dismisses” all court-martial charges.

AGR Master Sergeant, NCO, E-8, investigated for alleged acts of fraternization and adultery. Command initiates process to terminate his AGR status. Defense drafts lengthy rebuttal to adverse action. TAG imposes Article 15 punishment, with reduction in rank to E-7, and "locally files” LOR. MSGT retained in AGR status and awarded rehab transfer.

 

Army Captain, O-3, officer faced GOMOR OMPF filing, and likely show-cause (separation) board, related to alleged acts of dereliction associated with high level security and computer protocols. Defense submits rebuttal. Commanding General (CG) “withdraws” GOMOR.

 

Army First Sergeant, NCO, E-8, charged with sexual harassment and adultery. Negotiated with the Commanding General and court-martial charges were “withdrawn” and misconduct was disposed of during Article 15 (nonjudicial punishment hearing). NCO with 23-years of service admitted to some of the 12

 

underlying acts. Two months forfeitures. No other punishment. Retired with Honorable Discharge and full military benefits. No permanent federal conviction.

 

Army Staff Sergeant, NCO, E-6, pled guilty to several so-termed war crimes associated with the high-profile Stryker Brigade case at Ft. Lewis, WA. Government “withdraws” conspiracy and aggravated assault charges associated with alleged co-conspirator Staff Sergeant Gibbs. (Link) Client pleads guilty to assault by offer, false official statements, and other misconduct associated with his faking a Taliban engagement by throwing a grenade. Defense focused on this Soldier's outstanding military character. As part of the pre-trial agreement, Soldier testified against several other service members charged with murder. Soldier retained in service by military judge. Update: Client promoted following court-martial (2013)

 

Army Ranger, E-4, took pain medication without a prescription. Command initiated Article 15 and had Ranger begin out-processing from the Army. Ranger turned-down Article 15 and demanded trial by court-martial, but commander still involuntarily separated Soldier. CLF filed reconsideration memoranda with the commander, who changed his mind. Client transfers out of Ranger Regiment, but retained in the service. Client thereby remained eligible for Honorable Discharge and GI Bill educational benefits.

 

Commander, O-5, NOAA, investigated for alleged misconduct related to authorizing unlawful financial entitlements for his officers. NOAA initiated a Board of Inquiry (BOI). Negotiated with command to “withdraw” the Board of Inquiry (BOI) under confidential terms that may not be published. Officer remains eligible for promotion to O-6 in the future, and his retirement remains fully intact. Letter of reprimand imposed for a confidential duration.

 

National Guard Sergeant, NCO, E-5, tested positive for smoking marijuana. Sergeant's chain of command initiated an adverse board action to involuntary separate him from National Guard. Based on legal technicality, NG Soldier was allowed to medically retire with Honorable Discharge and full benefits. Separation board action “rescinded” by misguided Government.

 

Army Soldier, E-4, faced Article 15 for lying to his chain of command and thereafter involuntary separation. Soldier was hospitalized at Landstuhl Army Hospital for issues related to mental illness. Negotiated with chain of command in Germany to allow Soldier and his local national wife and family to be transferred to another unit in USAREUR. No adverse punishment was taken against this Soldier. Soldier was medically boarded with all of his benefits.

 

Army Soldier, E-4, the German wife of this USAREUR Soldier was alleged to have engaged in acts of misconduct involving neighbors while family stationed in Germany. She faced a loss of Command Sponsorship. Defense negotiated the PCS transfer of Soldier and his family back to CONUS. Based on his expedited transfer the final action was never taken on the initiated Revocation of Command Sponsorship, thus this family remains eligible to return to Europe in the future with full DoD entitlements and benefits.

 

Army Reserve Captain, O-3, misused his government credit card in violation of the Joint Ethics Regulation. Defense negotiated a Letter of Reprimand (LOR) that prevented his court-martial and ensured that he retired with an Honorable Discharge and full benefits.

 

Army Private Second-class, E-2, investigated by CID concerning as accusation of sexual misconduct while deployed Afghanistan. Soldier faced General Court-martial. During an aggressive pre-trial investigation phase Defense demonstrated Government case was factually and legally 13

 

baseless. Convening Authority “withdraws” court-martial charges. Soldier faced Article 15, but received "no punishment." Retained in service.

 

Army Sergeant, NCO, E-5, faced General Court-martial for attempted use of methamphetamine. Negotiated the Government action to send the case to a lower level court, the so-called Special Court-martial. NCO pled Guilty. Reduced to E-3. Defense was able to reduce prison sentence by two months on account of unlawful pretrial punishment. As a direct result, client served three months in confinement. Retained in the U.S. Army.

 

Army Sergeant, NCO, E-5, receives “no punishment” sentence from the military jury sitting in a Special Court-martial following her conviction for physical child abuse associated with her allegedly striking her stepson with a belt after he wet his bed. Military jury found SGT “not guilty of engaging in corporal punishment with a telephone cord.” Defense focused entirely upon the parental discipline doctrine and fabulous testimony from her counselor. (Link)

 

Army Private Second-Class, E-2, AWOL for over 5 years avoids federal conviction and does not serve a single day in confinement. Client administratively separated with a General under Honorable Conditions Discharge.

 

Army NCO, E-7, investigated for conspiring to engage in BAH fraud of allegedly over $100,000. Client receives "locally filed" letter of reprimand. Retires with full benefits.

 

Army Captain, Officer, O-3, initially received a General Officer Letter of Reprimand (GOMOR) for permitting Soldiers to abuse detainees in Iraq. Defense submits its rebuttal. Major General, in his words, later tells my relieved Client “I am going to shred this reprimand.” Case closed.

 

Army Staff Sergeant, NCO, E-6, pleads guilty and military judge retains him despite having consensual sexual relations with two subordinates at the same time. Defense demonstrates NCO paints NCO as a stellar duty performer. NCO sentenced to serve 60 days extra duty and to be reduced to PV2. Rape charge “dismissed.” Retained in service.

 

Army Soldier, E-3, faced charges of rape and indecent acts, but ultimately pleads guilty to some relatively minor charges. “Military judge retains Soldier in the service.” Rape charge is “dismissed.” Retained in service.

 

Army Captain, Officer, 0-3, is court-martialed for making false official statements and commandeering two Kentucky Air National Guard C-130 flights for civilian parachutists. Reprimanded by military jury and required to pay $3000. Client does not testify. Retained in military service by jury. Update: Officer received medical retirement and Honorable Discharge (2013)

 

Army Soldier, E-3, without authority brings several loaded weapons onto post. He confronts a police officer with a knife. Case is referred to Summary Court-martial. He then goes AWOL for three weeks, but returns on his own accord. Managed to get his chain of command to again set the case for a Summary Court-martial (no federal conviction). Soldier confined 20 days, but retained in military service. Received Honorable Discharge.

 

Disclaimer: Each case is different, thus prior results and successes should not create an expectation about results in any individual case. The above list is provided for illustration purposes only, and represents only some of the cases previously handled by said attorney. 14 

 

 

Court & Carpenter PC

Seattle - Boston - Stuttgart

Contact us for a free consultation

+1 (206) 357-8434

 

or send us your questions online

1700 Seventh Avenue,

Suite 2100
98101 Seattle

Master Card Visa American Express PayPal
MasterCard, Visa, American Express, Paypal
Druckversion Druckversion | Sitemap
© Monika Carpenter

E-Mail