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Digital Forensic Review Helps Secure a 12-Month Confinement Cap for Sailor

CASE 2011-11 | MCBH KANEOHE BAY, HAWAII | NAVY E-4

Digital Forensic Review Helps Secure a 12-Month Confinement Cap for Sailor

November 2011
Marine Corps Base Hawaii, Kaneohe Bay, Hawaii
Navy Petty Officer Third Class – E-4
Allegations: Possession and Distribution of Child Pornography
A Navy Petty Officer was charged with possession and distribution of large quantities of child pornography based on evidence found on his personal computer as well as a subsequent multi-hour recorded confession to NCIS.
The Sailor retained Tim Bilecki to address the evidence and negotiate the best available resolution. The government initially sought a plea agreement for 5 years confinement, which we did not agree to. We then secured the services of a digital forensic consultant to review the digital evidence against our client and based on that analysis, found extenuating and mitigating evidence which we used to negotiate a plea agreement with a lower sentence.
After several months of litigation, we were able to negotiate a plea agreement for our client which limited his sentence to 12 months confinement.
Result: Plea agreement for twelve months confinement

Prior results do not predict future outcomes.