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December 2010
Tim Bilecki

Bilecki Challenges Spice Ban in Court, Airman Charged for Spice Fully Acquitted

Distribution of "Spice," Use of "Spice," Possession of "Spice," Obstruction of Justice x2
Kadena AFB, Okinawa
Air Force Staff Sergeant - E-5
Full Acquittal - Not guilty of All Charges and Specifications.

Maximum Sentence:

  • DD
  • 31 years confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony drug conviction

An Air Force Staff Sergeant Security Forces Officer stationed at Kadena, AFB allegedly partook in “smoke rides,” in which multiple Security Forces Officers drove around the flight line and on base in their patrol cars, smoking Spice with all the windows rolled up in order to get high.

The Staff Sergeant was also alleged to have been using and selling Spice while on duty as a Security Forces Officer. Civilian defense counsel Tim Bilecki was retained and demanded a fully contested trial at arraignment.

Although facing a mountain of damning evidence and statements from co-accused, we were able to put the Commanding General on the witness stand and cross-examine him on the legality of his order prohibiting Spice for Airmen worldwide. We demanded that the government prove, chemically and forensically, that the substance alleged to be Spice was actually Spice, a marijuana analogue.

Even with the testimony of co-conspirators, this was a bridge too far for the government to cross, and our client received a full acquittal, being found not guilty of all charges and specifications. We also succeeded in getting the Air Force Instruction, signed by the 3-star and applicable worldwide), declared unlawful as applied.

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