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May 2018
Tim Bilecki

Army SGT Caught in Child Sex Sting, Bilecki Negotiates Plea for Lesser Offense

Attempted Sexual Assault on a Child, Attempted Lewd Act on a Child, Possession of Child Pornography
Schofield Barracks, Hawaii
Army Sergeant – E-5
Pre-trial agreement, not guilty of attempted sexual assault of a child, guilty of attempted lewd act of a child, not guilty of possession of child pornography. 12-month confinement cap.

An Army Sergeant was caught in an Air Force “To Catch a Predator” sting operation in Honolulu, Hawaii.  In this case, an Air Force Office of Special Investigations (OSI) agent was posting ads online and taking on the persona of a 15-year-old boy looking for sex.  The Army Sergeant was arrested after arriving at the bait house on Joint Base Pearl Harbor – Hickam, Hawaii.  

After being arrested, the case was transferred to the Army Criminal Investigative Division (CID), where a forensic examination of the Sergeant’s phone was conducted.  The digital forensic examination found child pornography on Sergeant’s phone.  He was subsequently charged with attempted sexual assault of a child, attempted lewd act on a child, and possession of child pornography

Tim Bilecki, an established court martial defense attorney in Hawaii, was retained and filed a motion to suppress the suspected child pornography found on our client’s phone, which had been obtained without a proper warrant.  The military judge granted the suppression motion in full.  

Mr. Bilecki then leveraged that suppression motion and obtained a pre-trial agreement for our client. According to the pre-trial agreement, the most serious offenses — attempted sexual assault of a child and possession of child pornography — would be dismissed in exchange for a plea of guilty to the attempted lewd act on a child (sending sexual text messages) with a confinement cap of 12 months.

This pre-trial agreement was accepted, and our client escaped a conviction for the two most serious charges against him.

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