Our client was a C-130 navigator who was charged with purchasing steroids via an online pharmacy and having them shipped from Thailand to his on-base address in Hawaii.
Immigration and Customs Enforcement seized the package, which contained 497 pills of methandrostenolone (Dianabol), a Schedule III controlled substance. After seizing the package, the drugs were turned over to OSI, who then set up a controlled delivery of the substance.
When our client went to his mailbox to pick up the package, he was swarmed by OSI agents, arrested, and taken in for interrogation. OSI conducted multi-hour videotaped interrogation of our client, had him draft a written statement and then give consent for law enforcement to search his residence as well as his computers.
Honolulu Police Department then conducted a forensic examination of our client’s computer, which yielded very damning evidence; including search history that indicated our client had visited numerous steroid related sites, was actively seeking out steroids online and purchased methandrostenolone from an online pharmacy.
After being retained on the case, we litigated the Article 32 hearing and later demanded that a defense computer forensic expert be appointed to the defense team. We worked directly with Ms. Carol Peden of Global CompuSearch, Inc who conducted a full examination of our client’s computer history so that we could attack and explain away the damning evidence found on the computer.
Our expert then provided Mr. Bilecki with over 18,000 pages of data regarding the specific search history of the accused. We then spent countless hours combing through the data and building a roadmap of our client’s actual search history, including showing the exact search terms he entered, how he began his searching and how he ended up purchasing methandrostenolone via an online pharmacy.
We utilized the defense that our client had no knowledge that what he was purchasing illegal steroids and that he thought he was purchasing legal bodybuilding supplements.
In order to use this defense, we took the 18,000 pages of Internet data and literally built a blueprint of the exact search history on our client’s computer. We used this blueprint to show the jury that our client did not initially start out searching for steroids, but continued to get redirected through Google “related searches” until he landed on a website which, on its face, looked legitimate.
We then were able to show that the product he purchased was actually called “British Dragon” and there was minimal disclosure that its contents were anabolic steroids. After nearly a week-long trial, the damning search history was too much to overcome and our client was found guilty of the importation charges. However, despite the conviction, we kept fighting.
Mr. Bilecki continued to minimize the charges, put on an extensive mitigation and extenuation case with the goal of keeping our client out of prison. The hard work paid off. Our client was facing 15 years in prison and dismissal from the Air Force and was only sentenced to a reprimand, restriction to Hickam AFB and forfeiture of some pay. NO JAIL TIME AND NO DISCHARGE.
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