Civilian Court-Martial Lawyers: Decorated Senior Military Officer Represented by Attorney Richard V. Stevens Wins Involuntary Discharge Board Hearing

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a decorated senior military officer, who had received medals for heroism in combat in the Middle East, won his involuntary administrative discharge board hearing and will continue on in his military career.  The client was represented and defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The hearing, also referred to as a “show cause hearing” or “board of inquiry (BOI),” is a litigated hearing in front of board members (like a jury).  On behalf of the client, the administrative hearing included having to cross-examine a flag officer and two wing commanders, and argue against their opinions.  Ultimately, not only did the board members vote to retain the client, they determined that he did not commit the primary alleged misconduct, even with the low burden of proof required for the government in an administrative hearing. 

Due to the nature of adverse administrative actions in the military, and the fact that the hearing was closed, no further details about this case can be released.  While the defense was successful in this case, it is important to understand that every case has different facts, and success in some previous case(s) does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military case. 

For more information on the military justice system, please see our other blog posts.  Thank you. 

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

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 and military justice. 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Norther Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Civilian Court-Martial Lawyers: Military Officer Represented by Attorney Richard V. Stevens Fully Acquitted of Sexual Assault Court-Martial Allegations (UCMJ Article 120)

Military Defense Lawyer (Former JAG Attorney) News:

Recently, a military officer who was tried by general court-martial for charges generally alleging sexual assault (UCMJ Article 120) was fully acquitted by the military court panel (“jury”).  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused military client pled not guilty to the charges and specifications.  During the fully litigated court-martial trial, the case focused primarily on forensic evidence and expert testimony, particularly about DNA and parasomnias (sleep disorders).  In addition, during trial the defense exposed issues regarding inconsistent stories about the alleged events that impacted assessments of witness credibility and the accuracy and believability of the allegations. 

Based on the testimony and evidence in the case, the court members found the client not guilty of all charges and specifications in the case (full acquittal).  The maximum authorized punishment for a court-martial conviction on the allegations in this case would have included decades in prison, dismissal (equivalent to dishonorable discharge), total forfeitures of pay and allowances, and sex offender registration would have been required. 

While this military court-martial case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.

For more information about the military justice system, particularly cases alleging rape and/or sexual assault in violation of UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the blog posts.  We also offer free consultations for a case you may be involved in.  Just call us. 

Thank you. 

By: Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 and military justice. 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Air Force Medal of Honor Recipient, Colonel George "Bud" Day, Has Passed Away

Many years ago, I worked with Bud Day on a military case I was defending.  His stories about his military combat career before he was a lawyer were both fascinating and awe inspiring.  

See here an article that briefly describes Col Day's combat service in WWII, Korea and Vietnam, including his years as a POW:

http://www.armytimes.com/article/20130728/NEWS/307280012/Col-Bud-Day-Medal-Honor-recipient-dies-88

And here is a link to a book about him:

http://www.barnesandnoble.com/w/american-patriot-robert-coram/1103366263?ean=9780316067393

Rest in peace Col Bud Day, we thank you for your service to your country, and to your fellow service members.  

By: Attorney Richard V. Stevens

Civilian criminal defense lawyer and military defense lawyer

Military Defense Law Offices of Richard V. Stevens, P.C.

http://www.militaryadvocate.com

Blog postscript: Attorney Frank J. Spinner and I (attorney Richard V. 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 and military justice. 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 and The Law Office of Frank J. Spinner for a free consultation. These military defense law offices are located in Colorado Springs, Colorado and Northern Florida, but the military defense representation is worldwide – when necessary, the attorneys travel to wherever the client is stationed.

Senator James Inhofe Dares to Challenge Misconceptions about the Military Justice System and Sexual Assault Allegations - A Bold Move Considering that Lawmakers are Thriving on Misinformation and Misconceptions on the Topic

So much misinformation about rape and sexual assault allegations and cases in the military (UCMJ Article 120) has been accepted as fact and has fueled calls for sweeping changes to the military justice system.  Now, Senator James Inhofe from Oklahoma has challenged some of the "misconceptions" upon which lawmaker are basing their rhetoric...

Here is his website on the issue:

http://www.inhofe.senate.gov/newsroom/press-releases/inhofe-sets-record-straight-on-misconceptions-of-military-sexual-assault-cases

And here is a link to the full letter:

http://www.inhofe.senate.gov/download/?id=56155140-accf-48c7-afcb-981fa89e2b6e&download=1

From his website:

Inhofe Sets Record Straight on Misconceptions of Military Sexual Assault Cases

Friday, July 26, 2013

WASHINGTON, D.C. - U.S. Sen. Jim Inhofe, (R-Okla.), ranking member of the Senate Armed Services Committee (SASC), today circulated a letter to the republican members of the Senate detailing six public misconceptions regarding sexual assault cases in the military and called for his colleagues to consider the importance of the commanders' role and authority.
 
In the letter, Inhofe listed the following six misconceptions:
 
"1. 'There were 26,000 sexual assaults in the Department of Defense last year.'  This is inaccurate.  The Department of Defense’s survey used the term 'unwanted sexual contacts' to comprise a broad range of improper behavior, ranging from 'sexual harassment' to the most violent 'sexual assault.'  This is a serious problem because we need clear definitions and reliable data as a basis for informed legislative action.
 
“2. ‘The Allies changed their military justice systems in order to combat sexual assault.’  This is inaccurate: Canada and the UK changed their military justice systems to address concerns for the rights of defendants in courts-martial cases.  Contrary to assertions, our allies in Israel, Germany, and Australia have made no changes to their military justice systems due to sexual assault or for the specific purpose of benefitting victims of crime.
 
“3. ‘The Allies saw an increased number of sexual assault convictions from changing their military justice systems.’  This statement is inaccurate: None of our Allies saw increased military sexual assault convictions as a result of changes to their military justice systems. Some have cited Israel’s Defense Forces (IDF) in an attempt to prove this inaccurate statement.  What the IDF did experience was a statistical anomaly in 2011.  The IDF had 28 sexual assault indictments in 2008, 26 in 2009, and 20 in 2010.  In 2011 they had 14.  In 2012, there were 27.  The IDF experience in a very small number of cases is not statistically significant and does not compare to the magnitude and world-wide deployability required of U.S. forces.
 
“4. ‘Victims do not report sexual assaults because they fear retaliation.’  This is an inaccurate statement.  The FY 2012 DOD Annual Report on Sexual Assault in the Military and the Workplace and Gender Relations Survey of Active Duty Members found that 70% of women who experienced unwanted sexual contact did not report simply because they did not want anyone to know.  Some may believe that taking disposition authority away from commanders will mean, for victims, that “no one will ever know” that they reported a sexual assault.  Unfortunately, that is not the case under the present system and it will not change if disposition authority is taken from commanders. Once a criminal investigation has begun and witnesses are interviewed people will know.  That may be why victims are reluctant to report sexual assault in even the most supportive environment.  It takes courage.  That is why the services all have sexual assault victim advocates to help victims through the difficult process to bring a case to justice.  Commanders have an essential role in ensuring those victims get the help they need.    
 
“5. ‘Removing Commanders from the process will increase reporting and convictions.’  This is inaccurate: Commanders are consistently willing to prosecute sexual assault offenders, even when military and civilian prosecutors are not. A recent letter from Admiral Winnefeld, Vice Chairman of the Joint Chiefs of Staff reported our commanders have taken 93 cases that civilian prosecutors declined.  To date, 73 have resulted in courts-martial with other cases still in process.  There were convictions in 52 cases. These commanders deserve our thanks for taking on these challenging cases!
 
“6.  ‘Sexual assault victims should not be forced to report sexual assaults to their commander, especially if that commander was the perpetrator.’ I actually agree with this statement, but it is very misleading. Throughout our numerous hearings this year on the issue of sexual assault in the military, we heard consistently that no victim has to report a sexual assault to the chain of command.  In fact every service testified that they have a wide number of alternative means to report sexual assault including calling 911, notifying civilian or military police, reporting to the military criminal investigative organizations, notifying chaplains, JAGs and medical personnel.  They can report in person, on-line, or by text message.  In short, there are many ways to make a report and through training and education it is expected that reluctance to report can be reduced so that sexual assault victims can be provided the help they need and deserve."
 
Inhofe also highlights in the letter language from the Fiscal Year 2013 National Defense Authorization Act (NDAA) that established an independent panel to examine sexual assault in the military and report to congress any recommendations for legislation or modifications to the Uniform Code of Military Justice. He encouraged Senators to consider the recommendations of the independent panel before supporting proposals that take responsibility away from commanders or remove sexual assault cases from the chain-of-command.

CNN Article on the Death Penalty in the Military

 Article by Chelsea J. Carter on military death penalty:

 http://www.cnn.com/2013/07/28/justice/military-death-penalty/index.html?hpt=us_t2

New Florida Office - Military Defense Law Offices of Richard V. Stevens, PC

NAVARRE, FLORIDA -- Civilian court-martial defense lawyer Richard V. Stevens is now opening a military defense law office in North Florida, in the Hurlburt Field, Eglin AFB area.

Mr. Stevens is a former active duty JAG lawyer (prosecution and military defense attorney), a former state and federal trial attorney, a civilian criminal defense lawyer and he is a military law specialist who has handled military cases and military law issues for the past 18 years. His military law practice, The Military Defense Law Offices of Richard V. Stevens, PC, is exclusively devoted to representing and defending military members facing military adverse actions, including court-martial trials, court-martial clemency (RCM 1105), court-martial appeal, and all types of military disciplinary actions and investigations. This includes UCMJ actions, administrative board hearings, administrative discharge/separation ("ADSEP"), show cause hearings, nonjudicial punishment (NJP, Article 15, Captain's Mast), MEB/PEB cases, FEB hearings, BCMR appeals, performance report appeals, investigations by CID, OSI, NCIS, CGIS, IG, AR 15-6, CDI and command.

Regardless of the location of his office, Mr. Stevens travels to the locations of his military clients, around the world, to defend them in military trials and before military board hearings. This is exclusively a military law practice, Mr. Stevens does not represent military members in civilian courts, or in family law matters. 

The new Florida office is within easy driving distance to:

FLORIDA

- Eglin AFB
- Hurlburt Field AFB
- Pensacola, Fort Walton Beach, Destin, Panama City, Florida areas
- Tyndall AFB - Panama City, Florida area
- Patrick AFB - Cocoa Beach, Florida area
- MacDill AFB - Tampa, Florida area
- Pensacola Naval Air Station
- Jacksonville Naval Air Station
- Key West Naval Air Station

ALABAMA

- Redstone Arsenal
- Fort Rucker
- Anniston Army Depot
- Maxwell AFB
- Maxwell AFB, Gunter Annex
- Montgomery, Alabama area
- USCG Aviation Training Center, Mobile

GEORGIA

- Moody AFB
- Robins AFB
- Fort Stewart
- Fort Benning
- Fort Gordon
- Fort McPherson
- Dobbins AFB
- Kings Bay Naval Submarine Base

MISSISSIPPI

- Columbus AFB
- Meridian Naval Air Station
- Keesler AFB
- Pascagoula Naval Station

Initial consultations are free. Contact us at:

Toll Free Phone: 800-988-0602
Direct Phone: 703-798-3064
Direct E-mail: militarylawfirm@gmail.com
Website: militaryadvocate.com
Blog: militaryadvocate.blogspot.com