Bilecki Challenges Contact Evidence and Secures Chapter 10 Before Korea Trial

Bilecki Challenges Contact Evidence and Secures Chapter 10 Before Korea Trial

November 2023

Camp Humphreys, Republic of Korea

Army Corporal – E-4

Allegations: UCMJ Article 120 Abusive Sexual Contact (2 specifications)

Facts

This was an Army Corporal facing a referred general court martial in Korea on two specifications of Article 120 abusive sexual contact. Maximum exposure on conviction: years of confinement, possible dishonorable discharge, federal sex offender registration, and federal felony record.

The Government alleged that on a June 2022 night at a hotel in Daegu, our client touched the buttocks of a fellow Soldier (same rank, sharing a hotel room on a personal trip) first with his hand and then with his penis, by moving the alleged victim's underwear aside while she feigned sleep.

The defense challenged the account against the available physical evidence and the proof of each alleged contact.

The defense used a DNA expert and pursued testing of the alleged victim’s preserved, unwashed underwear through the U.S. Army Criminal Investigation Laboratory. The lab report came back negative for our client. No spermatozoa. No foreign DNA profile. The only DNA recovered on the underwear was the alleged victim's own. The testing did not corroborate either alleged contact. That gave the defense a point to press, although contact does not invariably leave recoverable DNA.

At the Article 32, the Preliminary Hearing Officer reviewed the Government's evidence and found no probable cause on Specification 1 (the penis allegation). The Officer found probable cause on Specification 2 only (the hand allegation), found probable cause for the lesser included offense of Article 128 assault consummated by a battery, and recommended the Government refer the matter to a Special Court Martial rather than a General Court Martial. The Convening Authority referred to a General Court Martial anyway.

Defense litigated the case toward trial. Defense filed motions on M.R.E. 412 (alleged victim's motivation to fabricate), motions to compel discovery and digital forensic expert production, and a motion in limine to exclude Government M.R.E. 404(b) notice. Trial was set for early November 2023 at Camp Humphreys.

Tim Bilecki traveled to Camp Humphreys, Korea for the trial.

The day before trial, the Convening General approved a Chapter 10 Request for Discharge in Lieu of Trial by Court-Martial. The general court martial was over. All Article 120 charges and specifications were dismissed effective on the date of separation. Our client received an Other Than Honorable Conditions characterization, reduction to E-1, and was separated within ten days.

Result: Chapter 10 approved day before trial. All Article 120 charges dismissed. OTH discharge, reduction to E-1. No federal conviction. No SORNA.

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FAQ

Q: What did Bilecki do after the unfavorable referral decision?
The defense continued preparing for trial despite the hearing officer’s narrower recommendation. We litigated the use of relationship evidence, sought discovery and digital-expert support, and challenged the Government’s proposed other-act evidence. Tim traveled to Korea ready for the scheduled trial while also pursuing discharge in lieu of trial.

Q: What was the final punishment?
There was no court-martial sentence. The convening authority approved Chapter 10 the day before trial, and the charges were dismissed effective upon separation. The Soldier received an Other Than Honorable discharge and reduction to E-1. He avoided a criminal conviction and registration from the dismissed charges, but the administrative consequences remained.