I recently represented an Air Force captain, who was convicted of sexually molesting his two step daughters. Unfortunately, this is a scenario all too often where allegations are brought against a service member in the midst of a divorce. My client has steadfastly maintained his innocence, and there was no physical evidence to link him … Read more
At the sentencing phase of a court-martial, the panel or military judge has already determined that they believe the servicemember to be guilty of a crime. However, prior to being sentenced the servicemember has the opportunity to present matters in extenuation and mitigation. Extenuating evidence is evidence regarding the circumstances of the crime for which … Read more
I try to make it a habit to read the blogs posted on CAAFlog.com everyday. This blog provides military justice news and often summarizes the results of appellate cases from each of the service appellate courts and from the Court of Appeals for the Armed Forces (CAAF). I read these blogs and conduct my own … Read more
I previously reported on how I successfully had a client’s conviction for rape of a child thrown out on appeal by the Navy-Marine Corps Court of Criminal Appeals. As I reported in that post, my client still had several convictions on his record. Now, two more of those convictions have been overturned on appeal, this … Read more
Mr. Cassara recently represented a soldier who was convicted of two separate rapes and sentenced to seven years confinement and a dishonorable discharge. Mr. Cassara argued on appeal that the soldier had been denied a fair trial when the military judge ruled that the prior sexual activities of the two alleged victims were inadmissible at … Read more
The Senate Armed Services Committee (SASC) voted against the legislation backed by Senator Kirsten Gillibrand that proposed to strip military commanders of the power of making certain decisions in sexual assault court-martials. Senator Carl Levin, the leader of the SASC is pushing strongly against Senator Gillibrand’s movement despite the fact that her proposals seem to … Read more
On 15 July 2013, the Court of Appeals for the Armed Forces (CAAF) in U.S. v. Brown ruled that a military judge did not abuse his discretion when he allowed an adult victim witness liaison to sit next to the alleged 17-year-old victim while she testified at a court-martial. This type of arrangement is not … Read more
Mr. Cassara represented an Army Sergeant at Shaw AFB facing numerous charges including BAH fraud, making a false official statement and fraudulently obtaining several ARCOMs. among others. Before Mr. Cassara was retained, the soldier had submitted a request for a Chapter 10, Discharge in Lieu of Court-Martial, which was denied. As soon as Mr. Cassara … Read more
On 16 July 2013, the Coast Guard Court of Criminal Appeals (CGCCA) ruled in favor of the appellant in U.S. v. Caulfield by deciding that court-martial findings of attempt and conspiracy to possess Oxycodone with intent to distribute were multiplicious. In other words the CGCCA found that the appellant should not have been found guilty … Read more
If you have been ordered to an Article 32 investigation, then you have had charges read to you and your command is looking at sending you to a general court-martial. Obviously, you are confused and overwhelmed at this point and probably don’t know where to turn. What is an Article 32 hearing? The Article 32 … Read more