CASE 2009-05 | CAMP ZAMA, JAPAN | E-6
Defense Wins Access to Digital Evidence and Full Acquittal in Camp Zama Trial
May 2009
Camp Zama, Japan
Army Staff Sergeant - E-6
Allegations: Possession and Transportation of Child Pornography, Child Sexual Assault
Maximum Sentence: DD, 40 Years Confinement, Total Forfeiture, Reduction to E-1, Federal Felony Conviction, Sex Offender Registration
An Army Staff Sergeant was charged at a general court martial with possession and transportation of child pornography and child sexual assault, which had allegedly occurred over an eight-year period. The Soldier retained Tim Bilecki. After preferral, the government refused to provide the defense with computer-based evidence, citing the Adam Walsh Act. The defense later won a motion declaring the Adam Walsh Act unconstitutional as applied and subsequently received all evidence.
With assistance from privately retained digital forensic experts, Tim Bilecki tested the government experts’ conclusions through cross-examination. He also questioned the alleged victim and other government witnesses about an alternative explanation for the files: whether she, rather than our client, had downloaded them. After a lengthy trial, our client was fully acquitted.
Result: Full Acquittal – Not Guilty of all Charges and Specifications.
Prior results do not predict future outcomes.