Mr. Cassara represented an Airman on his court-martial appeal for rape of a minor. During the court-martial, one panel member had to be excused, and two more replaced him. While this is an authorized practice, Mr. Cassara argued during his court-martial appeal that this denied the airman the right to confront his accuser. The Air … Read more
Mr. Cassara represented an Army Staff Sergeant on his court-martial appeal. The soldier was convicted of possession of child pornography and other offenses. During his court-martial appeal, Mr. Cassara argued that his court-martial conviction for possession of child pornography was invalid, as most of the pictures the soldier possessed were clearly not child pornography. After … Read more
Mr. Cassara represented a Marine Gunnery Sergeant on his court-martial appeal. The Marine was convicted of rape of a minor among other charges and sentenced to nearly 15 years confinement. During his court-martial appeal, Mr. Cassara argued that the military judge improperly instructed the panel on the law, and that the accused was denied a … Read more
17 May (Fort Bragg, NC) – After more than 200 days in custody, a US Army sergeant was released this week after a federal court acquitted him of four HIV-related criminal against him. If convicted, Sergeant TD faced 37 years in federal prison. Army investigators arrested Sgt. TD in 2011 after a former girlfriend accused him … Read more
Mr. Cassara represented a soldier who had been diagnosed with HIV, and was charged at a general court-martial with several counts of aggravated assault for not informing his sexual partners that he was HIV positive. The soldier was also charged with violating the lawful order of his commander to inform his sexual partners he was … Read more
Consider this: · Are you a service member (active, Reserve, Guard, discharged, or retired) who faces a court-martial? Or, do you suspect that you may in the future face a court-martial? · Are you the spouse of a service member who is facing or expects to face a court-martial? · Are you a family member … Read more
A court-martial conviction has serious consequences. Courts-martial are federal courts, so any conviction is a federal conviction. Unlike the civilian court systems, the military does not differentiate between misdemeanors and felonies. From the potential inability to own a firearm to the loss of Department of Veterans Affairs benefits and possible sex offender registration, not to … Read more
Similar to civilian criminal courts, appeals are allowed in the military justice system. A service member may appeal their court-martial sentence. This means that a court-martial sentence is not necessarily the end of the story. If there have been errors committed at your court-martial, you may have grounds for appeal. If you are convicted at … Read more
Mr. Cassara represented an Army Colonel whose security clearance had been suspended and was pending revocation by the U.S. Army Central Clearance Facility (CCF.) The notice of intent to revoke his security clearance centered around his interaction with his soldiers while down range, and raised a number of serious allegations. He knew he needed an … Read more
The accused has the option of having his or her court-martial heard by either a judge or jury (called a panel in the military.) Military judges are Judge Advocate General (JAG) attorneys, and the panel members are both military officers and enlisted service members. All members of the panel will be senior in rank to … Read more