Court Martial, Rape, Military Sexual Assault, Article 120 – Full Acquittal, Not Guilty! (E-2 – Fort Sill)

Client was accused of raping a fellow Soldier. Rape is not commonly charged in the military because it is so difficult to prove. In this case, Client was charged with both anal and vaginal rape. He had attended AIT with the alleged victim. They knew each other. On the evening in question, Client was invited over to her room to eat tacos. While there, he was eventually invited into her room where one thing led to another. She claims rape. Client opted to not make a statement. At the time I was living at in Lawton, Oklahoma. My co-counsel and I began to immediately investigate the case. Captain Kelsey Kornblutt and I went to the alleged scene of the crime, conducted sound checks, measurements and filmed the whole area. We interviewed every witness involved in this case all before the case was docketed for trial. Our case investigation unveiled critical information we were able to use at trial such as the fact that the alleged victim was a known liar and had a reputation for lying. We prepped our client for testimony as well. During the trial it was apparent that the government were not aware that several of their witnesses had an extremely negative opinion of the alleged victim. They found out on our cross examinations. This was particularly embarrassing for the military prosecutors as the lead counsel was brought in from the Special Trial Counsel Assistance Program of the Army to prosecute the case. These folks are supposed to be the best of the best. During our client’s cross examination, the prosecutor unwittingly gave our client an opening to tell the military panel that he just wanted them to believe the truth. There are many more subtle and graphic details to this case. Ultimately the panel found our client Not Guilty the Charge and both specifications.

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