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May 2009
Tim Bilecki

Army SSG Receives Full Acquittal After Cross-Examining Government Evidence

Possession and transportation of child pornography, Child sexual assault
Camp Zama, Japan
Army Staff Sergeant - E-6
Not guilty on all charges and specifications

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.  After being charged, the Soldier was represented by Camp Zama court martial lawyer 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 ,the defense team led by Tim Bilecki, an established court martial attorney in Japan, relentlessly cross-examined the government’s expert witnesses regarding evidentiary specifics. The defense then employed a “soft plan B” when questioning the child victim by implying, through cross-examination of her and other government witnesses, that she may, in fact, have been the individual who actually downloaded the child pornography onto the computer.  After a lengthy trial, our client was fully acquitted.

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