U.S. v. E-3
Our E-3 client was accused of sexual assault by another Sailor. The allegations stated that our client sexually assaulted the accuser in a hotel room while the accuser was intoxicated and did not consent. Upon receiving the case file, it became immediately clear that NCIS did not interview everyone who attended the hotel party and only spoke to the two witnesses at the party who were friends with the accuser. Upon realizing this, the Attorneys Capovilla & Williams immediately turned to our firm investigator, Eric Echols, to launch a full investigation into the allegations.
Mr. Echols interviewed several people that NCIS never spoke to and during that interview we discovered that the Accuser was facing charges for fraud, false official statement, and larceny. Moreover, we discovered that the Accuser made this report of sexual assault against our client on the same day that the accuser was notified of the charges against her. It became very clear that the accuser was only reporting these allegations to protect herself and get herself a better deal from the Navy. In fact, after making these allegations, the Navy did not charge her with any crimes despite committing felony level offenses.
About 2 months before trial, the Government informed the Attorney’s at Capovilla & Williams that the accuser “would support a separation in lieu of trial.” Despite this offer, the E-3 refused to admit any wrongdoing and called the Government’s bluff. 2 weeks before trial was scheduled to start, the Government dismissed all charges and the E-3 was cleared of all wrongdoing. Incredible win.
Case Result
No courts-martial. No sex-offender registration. No jail time. No criminal record. The E-3 is back with his unit and working as a Navy Diver.
