Court Martial Results

These are examples of winning court martial results

SENIOR OFFICER ACCUSED OF FRAUD, MULTIPLE LARCENIES, FALSE OFFICIAL STATEMENTS, OBSTRUCTION OF JUSTICE, AND CONDUCT UNBECOMING

Senior officer accused of fraud, multiple larcenies, false official statements, obstruction of justice, and conduct unbecoming. Multiple witnesses testified that the officer took part in a conspiracy to steal from military hospital.

Result: Not guilty of all but least serious offenses. Sentenced to a fine and a reprimand. Officer continued his career and retired from active duty with full pension and benefits.

SOLDIER CHARGED WITH KILLING A CIVILIAN MAN AT A BAR IN HEIDELBERG, GERMANY

Soldier charged with killing a civilian man at a bar in Heidelberg, Germany. Client made statements admitting to punching the alleged victim. At courts-martial, we proved that the soldier acted in self-defense.

Result: Not guilty of all charges. A week later the soldier was promoted to sergeant and continued his military career.

SAILOR ACCUSED OF RAPE AND SEXUAL ASSAULT OF CHILD UNDER SIXTEEN

Sailor accused of rape and sexual assault of child under age sixteen. After we investigated and developed evidence of the affirmative defense of mistake as to age, the prosecution requested an alternate disposition.

Result: All charges withdrawn and dismissed.

ENLISTED MEMBER ACCUSED OF SEXUAL ASSAULT OF ANOTHER SERVICE MEMBER

Enlisted member accused of sexual assault of another service member and false official statement. After nine hours of interrogation, client gave lengthy statement to military law enforcement allegedly confessing to the assault.

Result: Not guilty of all charges. Client continued with his military career.

ENLISTED SERVICE MEMBER ACCUSED OF RAPING A DRUNK FEMALE SOLDIER

Enlisted member accused of raping a drunk female soldier. Client gave lengthy statement to military law enforcement allegedly confessing to the rape. Through aggressive cross-examination of police interrogator demonstrated that the so-called “confession” conflicted with evidence that the sex was consensual.

Result: Not guilty of all charges. Client continued with his military career.

SERGEANT ACCUSED OF SEXUAL ASSAULT/RAPE

Sergeant accused of sexual assault / rape. Through cross examination of government witness at preliminary hearing demonstrated improbability of alleged victim’s story. After further aggressive investigation and witness preparation, prosecutor asked for an alternate disposition.

NON-COMMISSIONED OFFICER ACCUSED OF RAPING A FEMALE IN HIS BARRACKS ROOM

Noncommissioned officer accused of raping a female in his barracks room. During the Article 32 pretrial investigation hearing, we proved that the alleged victim was not trustworthy and had made up the story.

Result: All charges withdrawn and dismissed.

SOLDIER ACCUSED OF ATTEMPTED SODOMY, MULTIPLE SEXUAL ASSAULTS

Soldier accused of attempted sodomy, multiple sexual assaults, and indecent acts – Mr. Kageleiry represented the soldier on appeal at both the Court of Criminal Appeals and the Court of Appeals for the Armed Forces. Successfully argued that the police had violated his client’s right to an attorney during questioning.

Result: Illegally obtained statements kept out of evidence. Case returned to trial level and soldier acquitted of most serious offenses to which he had allegedly confessed. Received no jail time.

COAST GUARDSMAN CHARGED WITH CONSPIRACY, VIOLATION OF A NO-CONTACT ORDER, FORGERY, COMMUNICATING A THREAT, SUPPLYING ALCOHOL TO A MINOR, AND CONDUCT UNBECOMING

Coast guardsman charged with conspiracy, violation of a no-contact order, forgery, communicating a threat, supplying alcohol to a minor, and conduct unbecoming.

Result: Not guilty of all charges except forgery. Sentenced to a thirty-day confinement, but no punitive discharge.

Soldier tried for domestic violence, adultery

Soldier’s spouse accused him of domestic violence during a contentious divorce.

Result: Mr. Kageleiry successfully proved witness testimony to be false, alleged victim motivated to lie to punish her spouse who was divorcing her.   Soldier acquitted of all charges.

Investigation Results

These are examples of positive investigation outcomes.

SERGEANT MAJOR (E-9) UNDER INVESTIGATION AFTER TESTING POSITIVE FOR A CONTROLLED SUBSTANCE ON A UNIT URINALYSIS TEST

Sergeant Major (E-9) under investigation after testing positive for a controlled substance on a unit urinalysis test. Negotiated with military law enforcement for information pertaining to the allegation and determined what information would be necessary for them to drop the investigation.

Result: Investigation stopped and client cleared of all wrongdoing. Sergeant Major continued his military career.

SENIOR OFFICER UNDER INVESTIGATION FOR FRAUD RELATED TO HOUSING ALLOWANCE CLAIMS

Senior Officer under investigation for fraud relating to housing allowance claims. During the investigation, demonstrated that the client had not violated any law or regulation.

Result: No charges filed.

NONCOMMISSIONED OFFICER ACCUSED OF RAPING A FEMALE IN HIS BARRACKS ROOM

Noncommissioned officer accused of raping a female in his barracks room. During the Article 32 pretrial investigation hearing, we proved that the alleged victim was not trustworthy and had made up the story.

Result: All charges withdrawn and dismissed.

SERGEANT ACCUSED OF SEXUAL ASSAULT / RAPE

Sergeant accused of sexual assault / rape. Through cross examination of government witness at preliminary hearing demonstrated improbability of alleged victim’s story. After further aggressive investigation and witness preparation, prosecutor asked for an alternate disposition.

SAILOR ACCUSED OF RAPE AND SEXUAL ASSAULT OF CHILD UNDER AGE SIXTEEN

Sailor accused of rape and sexual assault of child under age sixteen. After we investigated and developed evidence of the affirmative defense of mistake as to age, the prosecution requested an alternate disposition.

Result: All charges withdrawn and dismissed.

AdSep Board Results

These are examples of winning AdSep boards

NAVY RESERVE SAILOR ACCUSED OF INTENTIONALLY VIOLATING NAVY POLICY BY INGESTING HEMP-DERIVED DELTA8-THC

Navy Reserve discovered indicators of Hemp-derived delta8-THC during a routine urinalysis and directed an admin separation board for this Sailor. Mr. Kageleiry demonstrated to board members the Sailor’s good character and that the ingestion was accidental.

Result: Sailor was acquitted of the policy violation and retained in service.

SAILOR WITH FOURTEEN YEARS SERVICE ACCUSED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI) ON MULTIPLE OCCASIONS

Sailor with fourteen-years of service was accused of driving under the influence of alcohol (DUI) on multiple occasions. During administrative board hearing demonstrated to board members that the sailor had not committed the first DUI and second DUI was unfounded allegation resulting from police misconduct.

Result: Allegations of misconduct unfounded and sailor was retained in the Navy and continued his career.

Senior Enlisted Sailor accused of fraternization, false official statement, obstruction of justice, and disobeying orders

Senior enlisted sailor accused of fraternization, false official statement, obstruction of justice, and disobeying orders. Client faced an administrative separation board hearing. During the hearing we presented extensive evidence of the sailor’s excellent service to the Navy, mitigating circumstances, and potential for continued valuable service.

Result: Board recommended retention of sailor in the Navy.

DECORATED NAVY WAR HERO ACCUSED OF ILLEGAL DRUG USE AND ABSENCE WITHOUT LEAVE

Decorated Navy war hero accused of illegal drug use and absence without leave. Two weeks prior to his scheduled separation from the Navy, Mr. Kageleiry was able to convince the chain of command that because of the service member’s combat service and resulting war wounds, they should allow the sailor to be medically retired.

Result: Sailor’s separation for misconduct stopped and sailor subsequently medically retired.

Board of Inquiry Results

These are examples of winning Boards of Inquiry

Navy LCDR Accused of Article 133 Conduct Unbecoming and Article 134 Drunk and Disorderly

A command investigation accused the officer of conduct unbecoming and alcohol-related misconduct at a professional event. The findings led to a Show Cause Board. The defense was able to illustrate how the investigation was executed poorly and that the officer did not commit the misconduct.

Result: The Board Members took only 15-minutes to deliberate before finding the officer not guilty of all charges by a vote of 3-0 (see photo).

ARMY FIELD GRADE OFFICER ACCUSED OF DOMESTIC VIOLENCE, CONDUCT UNBECOMING

An investigation accused the officer of domestic abuse and conduct unbecoming during a contentious divorce. The charges led to a Board of Inquiry proceeding. The defense was able to show malice on the behalf of the accused’s spouse and that the investigation was poorly executed.

Result: By a vote of 3-0, the board panel found the client was not guilty of the charges and the officer was retained on active duty.

ARMY COMPANY GRADE OFFICER ACCUSED OF DOMESTIC VIOLENCE

Army Officer accused of domestic violence after a 911 call and an investigation produced findings of domestic abuse. Despite the disagreement of the accused’s spouse as to the findings, the command moved to start separation proceedings.

Result: By a vote of 3-0, the board panel found the client was not guilty of the charges and the officer was retained on active duty.

ARMY WARRANT OFFICER ACCUSED OF PROHIBITED RELATIONSHIP WITH JUNIOR ENLISTED

An investigation accused the warrant of online engagement with a subordinate who was sharing inappropriate photos on social media. Charged at a Board of Inquiry with Fraternization and Conduct Unbecoming of an Officer.

Result: By a vote of 3-0, the BOI found the board found the evidence did not support the charges, and the warrant officer was retained in the service.

ARMY OFFICER ACCUSED OF DERELICTION OF DUTY AND CONDUCT UNBECOMING

A client’s successful result at a Board of Inquiry

An investigation under Army Regulation 15-6 concluded that the officer had “covered-up” misconduct by a subordinate.  The officer was relieved of command and issued a formal reprimand.  His command subsequently required the officer to show cause for retention on active duty, which is when he contacted the Law Office of Peter Kageleiry, Jr. for assistance.  During the lengthy Board of Inquiry (BOI) hearing, Mr. Kageleiry proved the officer’s innocence of all allegations.

Result:  By a vote of 3-0 the BOI found the officer DID NOT commit the alleged misconduct and recommended retention on active duty.

NAVY RESERVE OFFICER ACCUSED OF MULTIPLE OFFENSES

A senior officer accused Navy Officer of Disrespect (Article 89), Failure to Obey a Regulation (Article 92), Communicating Threats (Article 115), and Substandard Performance.  Based on these allegations, the client was required to show cause for retention in the Navy and appear before a Board of Inquiry (BOI).  Based on Mr. Kageleiry’s cross-examination of the senior officer during the hearing, the Board of Inquiry, found that the evidence did not support any of the accusations.

Result:  The BOI voted 3-0 that the evidence does not support the allegations.  The officer was retained in the Navy.

SENIOR OFFICER ACCUSED OF ASSAULTING A CHILD AND TAKEN TO NON-JUDICIAL PUNISHMENT BY A THREE-STAR GENERAL OFFICER

Senior officer accused of assaulting a child and taken to non-judicial punishment by three-star general. During the hearing, presented mitigating evidence and extenuating circumstances.

Result: nonjudicial punishment dismissed. Officer continued with his career.

NAVY OFFICER ACCUSED OF ILLEGAL USE OF PRESCRIPTION MEDICATION AND SUBSTANDARD PERFORMANCE REQUIRED TO SHOW CAUSE FOR RETENTION ON ACTIVE DUTY

In 2015, the Navy ordered my client to show cause for retention on active duty after the client tested positive on a routine urinalysis. We submitted information to Navy Personnel Command demonstrating that the positive urinalysis was the result of a prescription medicine taken for a diagnosed medical condition. The Navy ignored this information and insisted on subjecting the officer to the Board of Inquiry process.

A year later, during board of inquiry we were able to demonstrate that the use of the prescription medication was not wrongful. The prescription was used to treat a legitimate medical condition, not to induce intoxication or for any other wrongful purpose. We also presented extensive evidence of the officer’s accomplishments and long record of honorable service. The board members deliberated for less than twenty minutes.

Result: By a vote of three to zero, the board of inquiry determined that the allegations of misconduct were unfounded – none of the reasons cited by the command were supported by the evidence and separation for cause was not warranted.

NAVY OFFICER ACCUSED OF ASSAULT, CONDUCT UNBECOMING AND OFFICER, AND DRUNK AND DISORDERLY CONDUCT

A junior enlisted sailor accused a Navy Lieutenant of assault consummated by a battery. The assault allegedly occurred at the end of a promotion party known as a “wetting down.” As is customary during such an event, most of the officers in attendance had been drinking alcohol. The command took the Lieutenant to Captain’s Mast (Article 15, UCMJ) and found him guilty of assault consummated by a battery (Article 128); conduct unbecoming an officer (Article 133); and disorderly conduct, drunkenness (Article 134). Navy Personnel Command subsequently notified the Lieutenant that he must “show cause for retention in the naval service” and referred the case to a Board of Inquiry consisting of three Navy Captains. The Navy Lieutenant then retained Mr. Kageleiry to represent him during the show cause board.

During the board we presented extensive evidence of the officer’s good character, the improbability of the enlisted sailor’s allegation of assault, and placed the entire evening into context. In a hard-fought hearing, we convinced the board that the Lieutenant had not violated Article 128, Article 133, or Article 134.

Result: The Board found that the evidence does not support any of the allegations and that none of the reasons presented by the government warrant separation for cause. The Officer was retained in the Naval service.

ARMY OFFICER ACCUSED OF DOMESTIC ABUSE, SEXUAL ASSAULT, ASSAULT CONSUMMATED BY A BATTERY, AND CONDUCT UNBECOMING

The officer’s former wife accused him of multiple sexual assaults, domestic assault and abuse, and sexual misconduct. The investigation dragged on for more than a year. Army CID investigators collected lengthy statements from the ex-wife in which she accused the officer of numerous offenses under the Uniform Code of Military Justice including Article 120, Article 128, Article 133, and Article 134. Investigators also questioned numerous alleged witnesses, conducted forensic examinations of various electronic media, and interviewed women from the officer’s prior relationships. There was no corroboration for the former wife’s allegations. Most important, the former wife had serious credibility problems.

Fearing a complaint from the alleged victim, prosecutors dragged the case out while trying to convince her to agree to an alternate disposition. The accuser finally agreed, but made it very clear to the command that she expected her former husband to be separated from the Army and lose his military retirement. The command issued the officer a General Officer Memorandum of Reprimand (GOMOR). Unfortunately, the command refused to consider significant evidence that the ex-wife was fabricating her allegations.

The command also initiated administrative separation proceedings and appointed a Board of Inquiry (BOI) to hear the case. The command also recommended that the officer receive an Other Than Honorable Discharge from the Army.

During the two-day board hearing, the prosecutors attempted to smear the officer’s reputation. However, during cross-examination, we were able to establish that the witnesses had significant motives to fabricate. By exposing the bias of the government witnesses and pointing out the gross exaggerations and outright lies in the ex-wife’s allegations, we deconstructed the government’s case. We also called numerous witnesses who testified that the officer was truthful. Finally, we presented strong evidence that the officer was the victim of emotional and physical abuse at the hands of his ex-wife.

Result: The Board of Inquiry found that the Officer DID NOT Commit any misconduct. The officer was retained on active duty with less than one year from retirement.

SAILOR WITH FOURTEEN YEARS SERVICE ACCUSED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI) ON MULTIPLE OCCASIONS

Sailor with fourteen-years of service was accused of driving under the influence of alcohol (DUI) on multiple occasions. During administrative board hearing demonstrated to board members that the sailor had not committed the first DUI and second DUI was unfounded allegation resulting from police misconduct.

Result: Allegations of misconduct unfounded and sailor was retained in the Navy and continued his career.

Court-Martial Appeal Results

These are examples of winning court-martial appeals

SOLDIER ACCUSED OF ATTEMPTED SODOMY, MULTIPLE SEXUAL ASSAULTS

Soldier accused of attempted sodomy, multiple sexual assaults, and indecent acts – Mr. Kageleiry represented the soldier on appeal at both the Court of Criminal Appeals and the Court of Appeals for the Armed Forces. Successfully argued that the police had violated his client’s right to an attorney during questioning.

Result: Illegally obtained statements kept out of evidence. Case returned to trial level and soldier acquitted of most serious offenses to which he had allegedly confessed. Received no jail time.

SERVICE MEMBER ACCUSED OF RAPE AND SEXUAL ASSAULT

Service member accused of rape and sexual assault. On appeal, Mr. Kageleiry crafted the winning argument that the military judge had violated the service member’s right to present evidence of the alleged victim’s bias and motive to lie.

Result: Court of Criminal Appeals granted a new trial resulting in finding of not guilty.

SERVICE MEMBER ACCUSED OF SEXUAL ASSAULT

Service member accused of sexual assault. On appeal, Mr. Kageleiry crafted the winning argument in the case convincing the Court of Appeals for the Armed Forces that the police engaged in misconduct by creating an overly suggestive photo identification lineup of the serviced member.

Result: The illegal photo identification was suppressed. Charges dismissed.

SOLDIER PLED GUILTY TO ARTICLE 120, SEXUAL ASSAULT, AND CONTESTED ALLEGATIONS OF INDECENT ACTS OR LIBERTIES BUT WAS CONVICTED

Soldier pled guilty to Article 120, sexual assault, and contested allegations of indecent acts or liberties but was convicted. On appeal, Mr. Kageleiry, successfully argued that the soldier’s conviction for indecent acts or liberties was contrary to recent case law.

Result: Court of Criminal Appeals threw out the conviction for indecent acts and liberties and substantially reduced the sentence to confinement.

SENIOR ENLISTED MEMBER PREVIOUSLY ADMITTED TO PREMEDITATED MURDER OF FOUR IRAQI DETAINEES AND PLED GUILTY

Senior enlisted member previously admitted to premeditated murder of four Iraqi detainees and pled guilty. During post-trial clemency process, Mr. Kageleiry compiled a compelling case for clemency.

Result: He was able to get the sentence reduced from forty-five years and a dishonorable discharge to 20 years and a bad conduct discharge.

GOMOR and Responses to Reprimands

ARMY CHIEF WARRANT OFFICER ACCUSED OF FRATERNIZATION

The Army Chief Warrant Officer received a General Officer Memorandum of Reprimand alleging fraternization while deployed.  Mr. Kageleiry reviewed and analyzed the 70-page investigation results and developed an effective response strategy while assisting the client in collecting witness statements.

Result:  GOMOR locally filed and the officer is continuing in their career.

ARMY FIELD GRADE OFFICER ACCUSED OF MALTREATMENT OF SUBORDINATES

The Army Officer received a General Officer Memorandum of Reprimand.  (GOMOR)The GOMOR alleged maltreatment of subordinates and conduct unbecoming.  After developing a rebuttal strategy, Mr. Kageleiry assisted the client in collecting witness statements.  Those statements demonstrated that the GOMOR was based on faulty information. The final rebuttal packet included well written letters of support, important military records, and photographs depicting the officer’s military service and his family’s commitment to the Army.

Result:  GOMOR withdrawn.

ARMY NCO ISSUED REPRIMAND ALLEGING SEXUAL HARASSMENT

After an AR 15-6 investigation, the command issued the NCO a written reprimand alleging sexual harassment.  The battalion commander forwarded the reprimand to the first General Officer in the chain of command requesting that he file the reprimand in the NCO’s permanent file.  A permanent filing would have endangered the NCO’s military career.  Mr. Kageleiry assisted the NCO with gathering more than a dozen very strong letters of support.  He also provided a rebuttal memorandum picking apart the flawed reasoning and legal analysis contained in the underlying investigation.

Result:  The General Officer refused to file the reprimand in the NCO’s permanent file.

ARMY NCO ACCUSED OF ASSAULT

The NCO was issued a GOMOR accusing him of assaulting a hotel employee while on temporary duty in a foreign country.  The allegations were based on scant evidence.  Mr. Kageleiry assisted the NCO in compiling a compelling packet including character letters and important military documents and pictures depicting the NCO’s service to the nation.  Mr. Kageleiry assisted the NCO in drafting a detailed denial of the allegations.

Result:  GOMOR filed locally and NCO is continuing with his military career.

MARINE OFFICER CAUGHT CHEATING — REPORT OF MISCONDUCT FILED IN OFFICIAL MILITARY PERSONNEL FILE

The officer contacted Mr. Kageleiry seeking assistance drafting and compiling his response to the report of misconduct alleging that the officer had cheated on an academic examination.  Mr. Kageleiry assisted the officer in collecting letters of support and in drafting a response which struck the appropriate tone and addressed his remorse and potential for future service.

Result:  Marine Officer allowed to continue with his active-duty military career.

Article 15 and Captain’s Mast

NAVY OFFICER ACCUSED OF INTENTIONALLY INGESTING PRESCRIPTION METHAMPHETIMINE

Navy discovered, through a routine urinalysis, evidence that this officer ingested a prescription ADHD medication which he did not have a prescription for. Mr. Kageleiry helped the client communicate to the command that the ingestion was accidental.

Result: Charges dismissed. Captain’s Mast was withdrawn. Officer continues with his career.

ARMY OFFICER ACCUSED OF ASSAULT, RESISTING ARREST, CONDUCT UNBECOMING, FALSE OFFICIAL STATEMENT

Military police alleged that when they entered the officer’s on base quarters the officer assaulted them and resisted arrest.  However, the MPs had actually barged into the family’s quarters without warning after a simple noise complaint of loud music.  The MPs assaulted the officer’s  wife and son.  The potential consequences of the allegations against the officer included loss of the officer’s military career and military retirement.    Mr. Kageleiry gathered evidence and witness statements and prepared the officer to argue his case before the General Officer administering the Article 15.

Result:  Charges Dismissed.  Article 15 withdrawn.  The Officer continues on with his military career.

FORT BRAGG NCO THREATENED WITH OTHER THAN HONORABLE DISCHARGE

Navy E-6 accused of Article 112a illegal ingestion of Marijuana

Career Sailor faced Captain’s Mast after testing positive for a low level of THC at a random urinalysis. The UA reading likely resulted from an unintentional ingestion of marijuana. Attorney facilitated the Sailor in gathering character witnesses and helping them communicate the Sailor’s good character in the most effective way possible; collected and formatted his good service into an 87-page response; provided counsel on how to make a personal statement that didn’t implicate him in misconduct.

Result: Charges dismissed, Article 15 withdrawn, Sailor continues with his career.