U.S. v. E-6, United States Navy
March 1, 2019
Norfolk, Virginia
The BU1 (E-6), who was an underwater construction diver, is accused by two (2) women of abusive sexual contact, aggravated sexual contact, and sexual harassment. BU1 retains Mr. Robert Capovilla. The Government alleges that BU1 sexually assaulted these woman and refers charges to courts-martial. At trial, the Government calls six (6) witnesses and introduces a tape recording of the BU1 allegedly admitting he sexually assaulted the second alleged victim. Mr. Robert Capovilla cross-examines both complaining witnesses for over 60 minutes, impeaches both witnesses, and shows that both witnesses either willingly to lied under oath or greatly exaggerated the truth. Moreover, Mr. Capovilla is able to show through cross-examination that alleged victim #1 only reported the incident after her boyfriend, also a Navy diver, called BU1 a racial slur and was reported for misconduct. With alleged victim #2, Mr. Capovilla shows the panel that she lied under oath on at least five occasions. Mr. Capovilla also impeaches her with text messages and he offers evidence during the defense’s case-in-chief that her version of the facts were simply impossible. Against Government objection, Mr. Capovilla persuades the Military Judge during an Article 39(a) to admit text messages between BU1 and alleged victim #2 that completely debunks the Government’s case, wherein she was “terrified” to work with our client. After four (4) full days of litigation, the panel acquits the navy diver of all charges and their specifications.
Case Result
NOT GUILTY to ALL Charges and their Specifications. NO Confinement. NO reduction in rank. NO Federal Conviction. NO Sex-Offender Registration. Mr. Capovilla’s client is continuing his career as a Navy Diver.
