Army Doctor retained on Active Duty

I had one of my most satisfying victories in nearly 30 years of practicing law last week at Joint Base Lewis McChord. I previously represented Army Major Eric Smith in the appeal of his court-martial conviction. Dr. Smith was convicted of using cocaine based on a random urinalysis, and sentenced to a startling two years confinement. On appeal, his conviction was overturned. The Army decided not to retry him, but instead attempted to separate him from the military less than one year shy of retirement. This is in spite of the fact that he had a subsequent hair analysis done that determined he had not used cocaine. Dr. Smith has maintained his innocence all along, and subsequent DNA testing concluded that his urine sample contained two major contributors, meaning his sample had been contaminated. Last week a Board of Officers agreed, found that he had been wrongly convicted, and retained him on active duty. This will allow him to retire. A good article about the case can be found here.

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William E. Cassara- Military Law Attorney

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