Court Martial Results : Part 3

Click here to see Court Martial Results Part 1
Click here to see Court Martial Results 1(A)
Click here to see Court Martial Results 2
Click here to see Court Martial Results 3
Click here to see Court Martial Results 4

Court Martial Results 3

• U.S. Army O-3 – Yongsan, South Korea – 20 year vet court martialed for allegedly punching his 2 children with a closed fist, choking, and 3 charges of indecent acts on his minor daughter (8 charges total). Contested charges in front of an officer jury. Prosecution rejected a 3 year plea deal.
  ACQUITTED OF ALL SEX CHARGES & BEATING CHARGES. Convicted of 2 lesser assault & battery charges. 
  Sentence: RETAINED ON ACTIVE DUTY, Reprimand, 100 days confinement.
• U.S. Army E-3 – Camp Humphreys, South Korea – CID targeted major drug trafficking ring at Camp Humphreys. Client sold to undercover CID agents, arrested during a drug deal, & signed a detailed confession. Client charged with trafficking 55 pounds of marijuana (enough to make 50,000 joints), use, and attempted distribution. Client faced 47 years in prison and a DD. Negotiated extremely favorable plea deal that reduced drug amount. Sentence: 13 months in confinement, BCD

• U.S. Navy E-8 – Jacksonville NAS, Florida – Retirement eligible master chief charged with disrespecting commanding officers & false official statement. Command intended to take retirement. Negotiated withdrawal of court martial charges and NJP on the condition that client could retire. Result: Client retired at E-8 with 20 years.

• U.S. v. Army E-1 – Fort Gordon, Georgia – Soldier accused of running an international vehicle theft ring, making expensive sports cars “disappear” and filing theft reports and insurance claims, conspiracy to steal and attempted larceny of $39,000 from All State Insurance, and numerous other offenses. FBI and CID conducted a massive investigation. Started at Felony General Court Martial. Best offer was 24 months, then 18 months and a felony conviction. Fought charges at Article 32. Convinced 32 officer to reduce charges to a misdemeanor BCD special. Soldier confessed and FBI recorded 14 hours of his incriminating statements. Soldier had several past Field Grade Article 15s. Plead to misdemeanor charges without a deal in front of a judge. Beat the best plea deal offered by 9 months.
• U.S. v. Army E-7 – Yongsan, South Korea – Senior NCOIC for 4 star GEN B.B. Bell and GEN LaPorte charged with 10 charges, facing over 70 years in prison. Command wanted to “make example” out of soldier. Charges included numerous counts of TDY fraud to New York City & DC x 4, larceny of travel funds for trips to NYC & DC x 4, conspiracy to steal Gov’t funds, lying on reenlistment documents to cover up past arrests and probation. Fought all charges at jury trial. A General, 3 Colonels, and 2 CW4’s testified against client.
  NOT GUILTY OF ALL CHARGES. FULL ACQUITTAL.
• U.S. v. Army E-6 – Yongsan, South Korea – Soldier faced 40 years in prison for promotion fraud, conspiracy to steal over $5,000, larceny, submitting forged college transcripts, ASVAB scores, and awards, and lying to CID and commander. We fought charges in front of a jury. Acquitted of lying to CID and award fraud. Convicted of promotion fraud and theft. Sentence: 45 days restriction, reduction to E-3, a fine, and 1 month forfeitures. NO JAIL TIME. RETAINED ON ACTIVE DUTY.
• U.S. v. Army WO1 – Camp Casey, South Korea – 19 year old female E-2 accused her married warrant officer of getting her drunk and then raping and sodomizing her. We got involved before charges were filed and investigated the facts and the alleged victim. SJA recommended rape and sodomy charges. We successfully advocated against rape and forcible sodomy charges. At court martial, client faced 7 charges including sodomy, indecent acts, indecent language, adultery, fraternization, violation of an order, and conduct unbecoming. Maximum punishment was over 20 years. Plead to some charges.
• Sentence: Discharged, No jail time, No forfeitures, Allowed to take voluntary excess leave and will remain in Army until appeal is final.
• U.S. v. Army E-7 Drill Sergeant, Fort Gordon, GA – Senior drill sergeant with 19 years accused of having an anal orgy with trainees at his home while his kids were upstairs, having repeated sex with a trainee in the barracks, and making and receiving over 2,600 personal phone calls and text messages to and from trainees. One trainee was allegedly pregnant. Charges included indecent acts, adultery, and having an unlawful relationship with trainees. Pled guilty to one charge of having a personal relationship. Fought all 4 remaining charges in front of a jury. Acquitted of all contested charges. Sentenced to a reprimand, forfeiture, 45 days hard labor, reduction 2 grades, No Confinement, Retained on Active Duty and will retire.
• U.S. v. Army E-7, Fort Lee, VA – High profile case involving client that was an 82nd Airborne Cook accused of smashing an Iraqi detainee’s skull with a baseball bat, severely beating another detainee with a bat, kicking a detainee, forcing a subordinate to beat a detainee with a bat, false official statement x 2, and covering up the alleged crimes. The media and Human Rights Watch dubbed client the leader of the “The Murderous Maniacs” and “Skull Crusher.” Client made 3 alleged “confessions” to CID. Fought charges at jury trial. Skull fracture charge was dismissed. Jury acquitted client of cover up, encouraging assault, assault by kicking, and aggravated assault with bat. Convicted of misdemeanor battery and lying to CID. Sentence: REPRIMAND, No jail time, No fine, No reduction, Retained on Active Duty.
• U.S. v. Navy E-6, Military District of Washington, DC (MDW) – Sailor accused of indecent acts/indecent liberties, soliciting a minor through the internet and phone, and conduct unbecoming. We were retained and started representation at the beginning of the investigation. NCIS closed cased shortly after we got involved. JAG declined prosecution.
• U.S. v. Air Force E-3, Seymour Johnson Air Force Base, NC – Client faced numerous registerable and extremely heinous sexual offenses against a minor and several decades in prison. Negotiated extremely favorable sentence and the dismissal of two of four major charges.
• U.S. v. Air Force E-5, Atlus Air Force Base, OK – Served “of counsel” to client facing charges of running a gay online prostitution service, drug distribution, drug use, and various counts of homosexual sodomy. Client played hard ball and held out until right before trial. On the eve of trial, prosecution dropped all gay prostitution related charges and agreed to a highly favorable deal for client, 4 months of confinement.
• U.S. v. Navy E-4, Tinker Air Force Base, OK – 23 year old sailor accused of giving alcohol to a 14 year old female and committing carnal knowledge (statutory rape), and indecent acts/liberties upon her body. Strong DNA evidence. Maximum possible punishment: Over 27 years in prison, sex offender registry, dishonorable discharge. Fought case at Article 32 and had carnal knowledge charge dismissed. Fought remaining charges at a jury trial. Result: Not guilty of indecent acts with a minor. Only convicted of 1 misdemeanor charge of giving alcohol to a person under 21. Punishment: No jail time, Retained on Active Duty, reduced one grade, 45 days restriction, and a fine.
• U.S. v. Army Cadet – West Point, NY – Client charged at a General Court Martial with cocaine use. 5 other cadets charged as part of “West Point Cocaine Ring.” After months of negotiations, our client was allowed to finish the year at the Academy and resign his commission with a General Under Honorable Conditions Discharge. Co-defendant sentences ranged from a Felony conviction, dismissal, and 18 months in prison to an Other than Honorable Discharge.
• U.S. v. Army E-7(P) Fort Gordon, GA – Soldier accused of rape and indecent acts with a minor. We were hired before charges were filed. After 12 months of negotiations the command refused to prosecute, soldier had flag lifted, was promoted, and allowed to PCS.
• U.S. v. Army E-3 – Fort Drum, NY – We fought child pornography charges at a jury trial. Despite 2 confessions, soldier acquitted on numerous images, convicted on possessing extremely offensive videos. At trial, the Government asked for 8 years in prison. Jury sentenced soldier to 18 months, 6 months less than plea deal offered by Government.
• U.S. v. Air Force E-6 – Goodfellow Air Force Base  Numerous General court martial (felony) charges of larceny and wrongfully appropriation of over $25,000 worth of sensitive military equipment including night vision goggles. Airman made a confession and sensitive items were recovered from a search and seizure of the airmen’s home. All charges dismissed a week before the Article 32.
• United States v. Army E-5 – El Paso, TX – Detainee abuse at Bagram Airbase, Afghanistan. Maltreatment
  x 3, Assault x 3. Taliban detainee allegedly died of his injuries. Full acquittal after 12 minutes of jury deliberations despite alleged confession and numerous alleged “eyewitnesses.”
• U.S. v. Air Force E-6(P) – Washington, DC – Not Guilty of All Charges after 3 day jury trial – Conspiracy to steal $25,000,
  2 counts of Article 92, & disrespect to an officer (told commander “this is bullshit” after being read an Article 15/NJP).
• U.S. vs. Army E-5 – Fort Carson, Colorado – Aggravated assault with deadly/grievous force (beating & strangulation of wife) & death
  threats. (Lots of gruesome photos). Best plea offer was 18 months in jail & a BCD. We tried the case in front of a jury & won the choking allegation and had the death threats dismissed. Government asked for 5 years of confinement. Jury Sentence: 179 days in jail, No discharge, Retained on Active Duty, E-1, & no forfeitures.
• U.S. v. Army E-4 – Fort Campbell, KY – Originally recommended for the Death Penalty. Later, the client faced mandatory minimum sentence of life x 3. Client was charged with 2 counts of 1st degree execution style murder, attempted murder on 3rd victim, conspiracy to murder, threatening witnesses, obstructing justice. We defended the case in Iraq & the U.S. Negotiated 18 year deal. Client will be parole eligible in 5 1/2 years (less than 2 years per murder charge). Client received first clemency hearing in DC within 10 months.
• U.S. vs. Air Force E-6 – Andrews AFB, Washington, DC – 5 out of 6 charges dismissed by Military Judge before the jury was seated after defense lawyers filed 3 motions to dismiss charges of forgery, impersonating an E-7, dishonorably failing to pay a $27,000 debt, and 2 counts of conspiracy.
• U.S. vs. Army O-4(P) – Heidelberg, Germany – All court martial charges dismissed after aggressive Article 32 defense – 3 counts of felony aggravated assault with intent to inflict serious injury on 3 victims (broken nose, jaw, and cheek bone). Client was accused of severely beating 1 enlisted soldier and two enlisted wives outside of the club on post in Mannheim. Officer since promoted to O-5.
• U.S. v. Army E-5 – Baghdad, Iraq – Served of counsel in the defense of soldier implicated in murder of an entire Iraqi family and the alleged rape of their daughter in Mahmoudiya, Iraq on 12 March . Soldier was charged with failing to report the attack but is not alleged to have been a direct participant. Soldier was the only soldier charged in the incident to avoid a conviction and jail time. Others involved received sentences ranging from 85 years to life in prison.

• United States v. Army E-7 – Fort Jackson, SC – Wrongful use of cocaine (drug urinalysis). Full Acquittal using innocent ingestion defense.
• United States v. Army E-1 – Fort Gordon, GA – Aggravated Assault with a Dangerous Weapon (a Loaded Firearm) (3 counts), Wrongful and Willful Discharge of a Firearm under Circumstances to Endanger Human Life, Provoking Gestures, Willfully Damaging Government Property (3 counts) Failure to Obey Order (2 counts). Client had gunshot residue on hands and clothes, bullets in his possession, and witnesses saw him with a gun seconds before shots were heard. We fully contested the charges in front of an enlisted jury. Acquitted of all weapons related charges, Retained on Active Duty, time served.
• United States v. E-3 – Wrongful use of cocaine and ecstasy (drug urinalysis), fleeing and eluding the MPs, DUI, drunk on duty, reckless driving (95 mpg in a 25 zone), and breaking restriction. All Court Martial Charges Dismissed.
• United States v. E-1 – Drug distribution, wrongful use of a controlled substance, false official statement. 60
  days confinement, no discharge/retained on Active Duty.
• United States v. E-3 – Breaking & entering, larceny of Gov’t property, AWOL. Time served, (89 days), no discharge/retained on Active Duty. After trial, Gov’t vacated the conviction & punishment & granted an administrative discharge.
• United States v. E-5 – Desertion with intent to avoid hazardous duty in Iraq, wrongful use of cocaine (drug urinalysis). Acquitted of desertion with intent to avoid hazardous duty in Iraq. Plead to lesser charges. Granted clemency.
• United States v. E-5 – Larceny of military property, forgery, false official statement. All charges withdrawn after we got involved, soldier ETSd with an Honorable Discharge.
• United States v. E-7 – Rape of minor, forcible sodomy, violation of no contact order. All charges withdrawn after we got involved and began investigation.
• United States v. E-3 – Article 15 turn down for wrongful use of marijuana (drug urinalysis). Despite written “confession” charges
  were dismissed using a “false confession” defense.
• United States v. E-4 – Rape (2 counts), Forcible Sodomy (4 counts), Disobeying a Superior Commissioned Officer (2 counts), Assault Consummated by Battery (4 counts), Destruction of Military Property Release from pre-trial confinement. All Court Martial Charges Dismissed. Discharged with an OTH. Appealed to the ABCMR and won an Honorable Discharge.
• United States v. E-4. Counterfeiting, larceny, fraud, forgery. Beat plea deal by several months.
• United States v. E-5 child molestation, statutory rape, adultery, sodomy with a 12-16 year old (2 counts oral and anal sodomy), Furnishing Alcohol to a Minor. Beat plea deal by several years.
• United States v. E-5 – Two counts of assault consummated by battery on a minor, child abuse, and false official statement. All Court Martial Charges Dismissed.
• United States v. CW3  Conspiracy to commit larceny and defraud the U.S. Government, Failure to obey a general regulation (4 counts),
  False official statement, Larceny of Government Property Over $500.00 (4 counts), Fraud Against the U.S. Government of more than $500.00, Conduct Unbecoming an Officer and Gentleman, Impeding an Investigation. Negotiated Plea and saved 24 year retirement, cut confinement by 50% in clemency.
• United States v. E-5 – False official statement (8 counts), Larceny over $500.00 (4 counts), Forgery (3 counts), Wrongful Use of a Military ID card, Identify Theft – United States Code, Title 18, Section 1028. Beat deal by 4 months and cut sentence by 4 months in clemency.
• United States v. E-4 – Wrongful use of cocaine (drug urinalysis)(3 counts). All Court Martial Charges Dismissed.
• United States v. E-3 – AWOL, Failure to Repair, Drunk on Duty, DUI. All Court Martial Charges
  Dismissed.
• United States v. E-7 – Senior Drill Sergeant accused of multiple counts of trainee abuse, sexual assault, maltreatment, and adultery. Negotiated a Local Letter of Reprimand and avoided courts-martial.
• United States v. E-6 – Drill Sergeant – Assault Consummated by Battery (Spousal Abuse), Violation of a General Order (Trainee Abuse 4 counts) Adultery (2 counts), Sodomy, Assault; Disobeying an Order. Fought the case, acquitted on several charges, beat the Government’s best offer by one year.
• United States v. E-1 – Attempted Possession of Cocaine, Conspiracy to Distribute Cocaine, False Official Statement (2 counts), Wrongful Possession of Heroin (2 counts). All charges dismissed.
• United States v. E-5 wrongful discharge of a weapon, dereliction of duty, disobeying an order. All Court Martial Charges Dismissed.
• United States v. E-3 – Perjury, Bigamy, Failure to Obey a Lawful Order. All Court Martial Charges Dismissed.
• United States v. E-3 – Attempted Murder of an Infant, Maiming, Assault on Child (3 Counts), Assault With Intentional Infliction of Grievous Bodily Harm (3 counts), Assault Consummated by a Battery, Recklessly Refusing Medical Treatment, Provoking Speech, Disobeying an order, False Official Statement (2 counts). Beat best Government Offer by 2 years.
• United States v. E-3 – Wrongful use of cocaine (drug urinalysis). All Court Martial Charges Dismissed.
• United States v. E-3 – Rape, indecent assault, conspiracy. Fought case. Convicted of only indecent assault. Time served and returned
  to duty.
• United States v. E-3 – Rape, Forcible Sodomy, Indecent Acts, Conspiracy to Commit Rape, Forcible Sodomy, and Indecent Acts. All Court Martial Charges Dismissed.
• United States v. E-3 – Interstate wire fraud (3 counts), Obstruction of mail, False official statement, Dereliction of Duty (2 counts),
  Interstate wire fraud. Acquitted of Federal offenses. Awarded 8 months of Article 13 credit. Served only 30 days after trial.
• United States v. E-3 – Urinalysis, AWOL. All Court Martial Charges Dismissed.
• United States v. O-3 – Disobeying a Lawful Order, Violation of a General Regulation (trainee abuse), Conduct Unbecoming an Officer, Adultery, False Official Statement, Impeding an Investigation
• United States v. E-4 – Failure to Obey a Lawful General Regulation. All Court Martial Charges Dismissed.
• United States v. E-1 – Failure to repair (4 counts), Disrespect to an Officer, Disobeying a lawful order. All Court Martial Charges Dismissed.
• United States v. E-3 – Distribution of Drugs (4 counts), Possession of Drugs with the Intent to Distribute, Conspiracy to Distribute Drugs. Beat Government’s best plea offer by 3 years.
• United States v. E-5 – Violation of a Lawful General Regulation/Trainee Abuse (4 counts),
  Conduct Prejudicial to Good Order and Discipline. All Court Martial Charges Dismissed.
• United States v. E-7 – Distribution of Cocaine (4 counts), Possession of Cocaine with the intent to Distribute, Larceny of Military Property (over $24,000.00), Urinalysis, False Official Statement, Disobeying a Superior Commissioned Officer. Acquitted of all drug distribution and intent to distribute charges. Granted parole.
• United States v. E-4 – Disobeying an Order to Take the Anthrax Vaccine. All charges withdrawn after we became involved.
• United States v. E-4 – Desertion. All Court Martial Charges Dismissed.
• United States v. E-3 – Distribution of Cocaine, Possession of Cocaine wither Intent to Distribute, Wrongful Use of a controlled Substance. All Court Martial Charges Dismissed.
• UnitedStates v.E-6 – Larcenyof MilitaryProperty approximately$34,000.00, FalseOfficial Statement. All Court Martial Charges Dismissed.
• UnitedStates v.O-1 – AWOLTerminated by Apprehension, Drunkon Duty,Conduct Unbecomingan Officer. Negotiated a Resignation, All Court Martial Charges
  Dismissed.
• UnitedStates v.E-1 – Larceny (4 counts), Forgery, Fraud, AWOL, prostitution, Soldier retained. Honorable medicaldischarge.
• UnitedStates v.E-4 – Distribution of Cocaine, AWOL, Wrongful Use of a Controlled Substance All Court Martial Charges Dismissed.
• UnitedStates v.E-7 – (Chaplin’s assistant) – Sexual assault, indecent acts, maltreatment, adultery, dereliction of duty, and impeding an investigation. Set for a General Court Martial (GCM) negotiated a Summary Court Martial (SCM) and saved retirement.
• United States v. E-5 – Drill Sergeant acquitted of trainee abuse, maltreatment, and fraternization at a Field Grade
  Article 15.

Administrative Separation Boards/Show Cause Boards (Fully Contested) (Below are a few cases that we fought in front of boards. In hundreds of other cases we have negotiated deals that secured favorable discharges, retention, and retirement, thereby avoiding a board altogether). Mr. Waddington has defended several hundred administrative separation/show cause cases in his career.