Wednesday, November 11, 2009


HAPPY VETERANS DAY!

Please take some time today to reflect on, and thank, those brave veterans who have served and protected our country in the past, those who are currently serving our country and the families who support and share in their sacrifices for us.


Saturday, October 17, 2009

CHARGES DROPPED AGAINST ARMY SPC DANIEL WEBER – ATTORNEY RESPONDS TO MISINFORMATION

Army SPC Daniel Weber is represented by Mr. Richard V. Stevens (Colorado Springs) and CPT Jack Patten (Iraq). This press statement is being released by the Law Offices of Richard V. Stevens:

From the very beginning of this case, there has been misinformation reported to the press by a variety of sources and reported by the press without regard to fact checking and verifying information before it was published. In fact, some press outlets have published inaccurate information despite being informed their information was not accurate. This case has not been the finest hour for the press or for those who have fed the press information that is not accurate.

This press release will not address the substance of the claims and allegations against SPC Daniel Weber or the other accused Soldiers. Instead, it is meant to clear up widespread inaccuracies that are being reported.

It has been reported by some press outlets that SPC Weber has been discharged from the Army. That is not accurate. SPC Weber is currently serving in the Army in Iraq.

It has been reported by some press outlets that SPC Weber resigned from the Army. That is not accurate. SPC Weber is a specialist, resignation is reserved for officers resigning a commission.

It has been reported that SPC Weber has entered into a plea agreement in this case. That is not accurate. A plea agreement is a situation in which a Soldier appears before a Military Judge in a military courtroom and pleads guilty to certain offenses in exchange for some considerations or benefit from the government/prosecution. That has not happened in the Weber case.

It has been reported that SPC Weber has entered into an agreement to testify against the other accused Soldiers in this case. That is not accurate. SPC Weber has been ordered to testify in any of the cases IF called by the prosecution OR the defense. He has not made any “deal” to testify “for” or “against” any party.

With regard to SPC Weber’s current status: If any administrative actions have been taken against SPC Weber by the Army, or are pending in this case, those actions would be protected from disclosure by the Privacy Act. Any press source or press outlet should be mindful of the civil and criminal sanctions imposable under breeches of the Privacy Act.

It would be appreciated if attempts were at least made to verify information in this case before it is published.

*Press release published at:

http://www.pressrelease365.com/pr/law-and-legal/army-charges-dropped-daniel-weber-richard-stevens-3818.htm

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Friday, September 18, 2009

Another High Profile False Rape Allegation - What About Those That Never Make the News?...

Remember back when those Duke University lacrosse players were falsely accused of raping a girl at a house party? Their exoneration came only after they were convicted and despised in the court of public opinion...and relentlessly pursued by an overzealous district attorney. Here now it the latest high profile false rape allegation, that again played out in the national news...

Apparently, an 18-year-old Hofstra University student claimed she was raped by several young men, including one fellow Hofstra University student. The young men were tracked down, arrested and thrown in jail. Their names were splashed across the national media and they were portrayed as predatory rapists. Meanwhile, their accuser was shielded by the anonymity the press provides to those who claim to be victims.

Charges against these young men have now apparently been dropped as the alleged rape victim has recanted and admitted she was not raped by them, when she was confronted with the fact that part of the interaction was videotaped. She lied because she was worried about the reaction if her boyfriend found out. The updated CNN and FoxNews stories are at:

http://www.cnn.com/2009/CRIME/09/18/hofstra.case/index.html

http://www.foxnews.com/story/0,2933,552041,00.html?test=latestnews

http://www.foxnews.com/story/0,2933,552300,00.html

Because I can't bring myself to watch the Nancy Grace show, I don't know what, if anything, she said about this case. If the case did appear on her show, I'm sure she took the opportunity to publically convict these young men and sneer at any possibility that such an allegation could be false. Her outlook on cases like this is shared by far too many.

As you may know, I (attorney Richard V. Stevens, Military Defense Law Offices of Richard V. Stevens, P.C.) have written multiple blog posts on rape and sexual assault allegations in the military justice system. They are compiled at this link:

http://militaryadvocate.blogspot.com/2009/02/military-rape-cases-military-sexual.html

I post today about this Hofstra case because it makes some of the points that I have continued to raise regarding this issue...

1. Rape and sexual assault allegations are not automatically true;

2. Prosecutors (civilian and JAG), law enforcement (including CID, OSI, NCIS, CGIS), military commanders, juries, the press and the public have to stop believing in the misconception that "a woman would not make something like this up"; and,

3. Prosecutors (civilian and JAG), law enforcement (including CID, OSI, NCIS, CGIS), commanders, juries, the press and the public have to stop treating these cases as guilty unless proven innocent.

This blog post should not be interpreted to suggest that rape and sexual assault allegations in the military or civilian systems should be automatically disbelieved or viewed with suspicion either. To the contrary, I'm simply suggesting that these allegations should be investigated objectively and with an open mind as to all possible scenarios, instead of simply assuming guilt and looking for evidence and/or witnesses that will support this theory.

The Duke lacrosse case and this case are just two recent high profile examples of false rape and sexual assault claims. Just think of how many such allegations do not receive national coverage or how many false claims are never uncovered as men go to jail convicted on that knee jerk reaction - "a woman would not make something like this up".

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

Friday, September 11, 2009








WE WILL ALWAYS REMEMBER 9/11/01...

...and should not forget that the brave men and women of our American military are fighting in the Middle East to protect us from this ever happening again.

Saturday, August 22, 2009

Recent Military Cases Defended by Military Law Attorney Richard V. Stevens - Military Defense Law Offices of Richard V. Stevens, P.C.

I (attorney Richard V. Stevens, Military Defense Law Offices of Richard V. Stevens, PC) am far from a prolific blogger; however, I do try to provide updates on our latest news. I have been asked to compile links to posts on my recent cases, for ease of access to them (instead of having to search through the blog archives).

Therefore, on occasion, I re-submit this blog post with updated links due to new military courts-martial or other military cases I have defended. In this post I have compiled the following links:

http://militaryadvocate.blogspot.com/2009/08/court-martial-not-pursued-against.html

http://militaryadvocate.blogspot.com/2009/08/court-martial-and-allegations-against.html

http://militaryadvocate.blogspot.com/2009/08/former-military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/08/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/07/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2009/02/disciplinary-action-dropped-for.html

http://militaryadvocate.blogspot.com/2009/02/administrative-board-hearing-victory_26.html

http://militaryadvocate.blogspot.com/2009/02/administrative-board-hearing-victory.html

http://militaryadvocate.blogspot.com/2009/02/successful-bcmr-appeal-for-military.html

http://militaryadvocate.blogspot.com/2009/02/rape-and-sexual-assault-charges-and_26.html

http://militaryadvocate.blogspot.com/2008/11/sexual-assault-charges-and-court.html

http://militaryadvocate.blogspot.com/2008/11/military-officer-represented-by.html

http://militaryadvocate.blogspot.com/2008/05/army-noncommissioned-officer-defended_05.html

http://www.cbsnews.com/stories/2008/05/01/national/main4063969.shtml

http://blogs.mysanantonio.com/weblogs/military/2008/05/scott-huddleston-jurys-message.html

http://militaryadvocate.blogspot.com/2008/04/forcible-sodomy-charge-and-court.html

http://militaryadvocate.blogspot.com/2008/02/indecent-acts-charges-and-court-martial.html

http://militaryadvocate.blogspot.com/2008/01/rape-charge-dropped-against-officer.html

http://militaryadvocate.blogspot.com/2007/12/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/09/rape-charge-and-court-martial-dropped.html

http://militaryadvocate.blogspot.com/2007/07/two-military-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/two-field-grade-officers-represented-by.html

http://militaryadvocate.blogspot.com/2007/06/rape-charge-dropped-against.html

Please understand that I don’t publish blog posts on every military trial/case I’m involved in, and I only began our blog in November 2006. So, there is a limited time period represented in my blog. Also, while the military trials/cases described by the post links above were successfully defended, it is important to understand that every case has different facts, and success in previous military courts-martial and military cases does not guarantee success in any particular future court-martial or military case. No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case or military trial (court-martial).

I appreciate your interest in our website and blog, and I hope this post assists you in accessing information you’re interested in. For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC
http://www.militaryadvocate.com

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.