Gonzalez & Waddington is a civilian military defense firm, founded by Michael Waddington and Alexandra Gonzalez-Waddington, that defends service members in homosexual witch hunt destroyed by cross-examination and related UCMJ matters worldwide. What follows is our answer, from more than twenty years of court-martial defense.
Can cross-examination really get sexual assault charges dismissed at a court-martial?
Aggressive cross-examination can expose inconsistencies in witness testimony and undermine the prosecution's case at a court-martial. When multiple accusers' stories conflict or motives to fabricate exist, a skilled defense attorney can challenge credibility effectively. Outcomes depend heavily on the specific facts and evidence in each case.
U.S. v. Army E-7 – Involved the following locations: Fort Bragg, NC – Fort Gordon, GA – Fort Sam Houston, TX – Soto Cano Air Base, Honduras – tried at Lackland AFB
Allegations: Multiple specifications of Article 120 Sexual Assault on 3 Alleged Victims
Max Punishment: 85 years in prison, Dishonorable Discharge, Sex offender registration
Result: NOT GUILTY OF ALL CHARGES
Sentence: NONE
Discharge: NONE
Location/Branch/Rank: Fort Bragg, NC – Fort Gordon, GA – Fort Sam Houston, TX – Soto Cano Air Base, Honduras – tried at Lackland AFB/Army/E-7
Court Martial Case Summary:
Our client was a homosexual African American male with 19.5 years of service. He had dropped his retirement paperwork and planned on retiring at 20 years. He had a decorated career with multiple combat deployments.
He was accused of sexually assaulting and sodomizing another male sergeant in Honduras, threatening to kill him, harassing him, and various other crimes.
Our client was a squared-away soldier. The accuser was a malingering dirtbag with a history of disciplinary problems. Either way, the Army took sides with the alleged victim and sent our client back to San Antonio to await a trial.
The Army conducted an extensive investigation into his past to strengthen their case. It accused him of additional crimes that spanned over twelve years and included a total of six alleged victims, all male. Some of the charges included allegations that he assaulted and sexually harassed male trainees at Fort Gordon. Aside from sex offender registration and loss of retirement, our client faced over 60 years in prison and a dishonorable discharge.
The saga begins in Soto and Cano, Honduras, where our client and the alleged victim (the E-5) were involved in a private sexual relationship, frequently hanging out, cuddling, and engaging in sexual activities. However, the alleged victim soon faced disciplinary issues, including disrespect, lying, skipping work, and other misconduct, leading to the threat of an Article 15 from his chain of command and the decision to send him home.
Instead of accepting responsibility, the alleged victim accused our client of homosexual rape, fabricating a story of being forced into non-consensual sexual relations. He claimed that our client got him drunk and coerced him into the relationship. As a result, the alleged victim’s Article 15 was erased, and he received protection as a claimed victim while our client was sent home.
Michael Waddington uncovered sexual text messages sent by the false victim to the accused, which undermined the alleged victim’s entire story.
When CID discovered the alleged victim’s credibility issues, they launched a massive investigation into our client’s past. Our client was a former drill sergeant, so Army CID interviewed dozens of fellow soldiers and subordinates. While his chain of command regarded him highly, CID found a few former trainees disciplined by our client. These trainees, lured by the possibility of being declared victims of military sexual trauma, fabricated stories of sexual misconduct against our client. The prosecution ate it up and added more charges, with a total of 6 male “victims.
The prosecution portrayed our client as a gay rapist and predator. This tactic backfired. During cross-examination, the alleged victim had a panic attack as Mr. Waddington exposed his active Grindr (a gay hookup app) profiles, revealing his hidden gay lifestyle. The jury and his parents witnessed his hypocrisy and false accusations, ultimately unraveling his credibility and benefiting our client’s defense.
RESULT: THE ENLISTED JURY FOUND OUR CLIENT NOT GUILTY OF ALL CHARGES
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