SHARP, Sexual Assault, False Official Statement

Case Results

  • Not guilty 

Location

  • Schofield Barracks, Hawaii

Branch of Military and Rank 

  • Army
  • E-5

Charges:

Our client was charged with multiple specifications of sexual assault after his former girlfriend accused him of having sex with her while she was too intoxicated to consent.

In this case, our client was in a romantic relationship with another Soldier in his unit and broke up with her after a night of sex and drama after a Halloween party. After the breakup, the alleged victim became interested in our client’s friend and would make sure our client was aware of her newfound interest.

In December, less than two months after the breakup, the alleged victim invited our client and his friend (the one she was interested in) to drink at her barracks room. Inside the barracks room, the Soldiers used their phones to make videos of each other throughout the night. These videos would become a key piece of evidence.

These videos depicted the so-called victim flirting with our client’s friend as well as with our client, instigating sexual conversation and plying the two male Soldiers with alcohol.

Towards the end of the night, after flirting with the two male Soldiers, the alleged victim took our client’s and the other Soldier’s hand and placed it on her private areas and made several sexually charged statements to them.

After this touching, the video was turned off and the alleged victim said, “it’s bath time.” The next video depicted the alleged victim naked in her bathtub with our client and his friend. They were acting, we can say, comfortable with each other.

After the bath, the video turned off and the three of them engaged in fully consensual sexual acts in her barracks room. The following morning, the group watched the videos and thought nothing of it.

Later, the alleged victim made an allegation of sexual assault against our client, claiming that she was “blacked out” and was too intoxicated to consent. Interestingly enough, she never made an allegation against the other Soldier. She then used that allegation to get medically (honorably) discharged out of the Army and draw a sizeable paycheck for the “trauma” the incident caused her.

Our client was later called into CID on numerous occasions and after being lied to by the CID agents regarding a polygraph he took, they obtained a “confession” from him. After this bogus “confession” was taken, Bilecki & Tipon were retained to try the case.

Our office conducted a complete investigation and exposed during the trial that the facts our client “confessed” to were not supported by the physical or forensic evidence in the case, that CID was able – by coercive interrogation tactics – to get out client to admit to things that simply never happened.

The B&T team brought on Dr. Kelly Goodness, one of the country’s leading forensic psychologists to consult with the defense team on the dynamics of a false confession and on the impact of alcohol on the memory and blackouts.

Mr. Bilecki tried the case and absolutely demolished the government’s case from jury selection to closing statement.

The jury deliberated for approximately 3 hours and fully acquitted our client.

Result: 

  • Full acquittal 
  • Not guilty of all charges and specifications
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