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Gonzalez & Waddington – Attorneys at Law

Allegations: RAPE, Violating a no-contact order
Max Punishment: LIFE
Result: NOT GUILTY OF RAPE, Guilty of the MPO violation
Sentence: NO JAIL TIME, Reprimand, reduction to E-3
Discharge: NONE
Location: Fort Stewart GA
Branch/Rank: Army/E-4

Summary: Our client allegedly “confessed” a rape to CID. They had a written and video confession.  Our client was locked up in pretrial confinement and agreed to plead guilty. He was pleading guilty to rape, aggravated assault, and violating a no-contact order. His mother came to watch his guilty plea and stopped him in the middle. She demanded that he seek a second opinion.

Military Truck

His mother called our firm and spoke with Alexandra. While we don’t guarantee results, we let his mother know that we guarantee that we will fight for our clients. We were hired and went to work because the trial was 30 days away.

 

This case was a unique challenge because our client had signed a written confession admitting to rape and spousal abuse. He also made a videotaped confession to CID. After looking at the alleged “confessions,” our only defense was to attack the confessions head on. Winning a case with one confession is nearly impossible. Here, we had two confessions, one written and one video recorded.

The challenge: How do we challenge multiple rape confessions in front of a jury without losing credibility.

As Sun Tzu said, in The Art of War: “In war, the way is to avoid what is strong and to strike at what is weak.”

We carefully studied the “confessions,” learned about our client’s personality, analyzed the victim’s story, and reviewed CID regulations and training manuals.

Helicopter Landing

Mr. Waddington, working with Army defense lawyer, CPT Rachel Large, plotted a defense that attacked the alleged victim’s story and the CID interrogation. We showed that the CID interrogators violated their own policies and rules, they used lies, trickery, and deceit, and they preyed on our client’s gullibility.

At the beginning of the trial, we had a 5% chance of success. When the alleged victim and CID agents testified, we hammered them on cross-examination. Then, our odds went to 50/50. In the closing, we swung for the fences.

RESULT: Not guilty of all sex crimes, false official statement. Guilty of violating a no-contact order.

SENTENCE: NO JAIL TIME, NO DISCHARGE, Reprimand, reduction to E-3.


[embedyt] http://www.youtube.com/watch?v=Xuf4XFh1-u0[/embedyt]
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