Bilecki Wins Fourteen Acquittals at Iwakuni Trial; No Punitive Discharge or Reduction

Bilecki Wins Fourteen Acquittals at Iwakuni Trial; No Punitive Discharge or Reduction

March 2024

Marine Corps Air Station Iwakuni, Japan

Marine Staff Sergeant – E-6

Allegations: UCMJ Article 128b Domestic Violence (11 specifications); UCMJ Article 115 Communicating a Threat; UCMJ Article 90 Willful Disobedience (2 specifications); UCMJ Article 119b Child Endangerment (2 specifications)

Facts

A Marine Staff Sergeant at MCAS Iwakuni was facing a referred general court-martial on sixteen specifications across four UCMJ articles. Eleven Article 128b domestic violence specifications, several charged on a strangulation theory. Two Article 119b child endangerment specifications. An Article 115 communicating a death threat specification. Two Article 90 willful disobedience specifications. Maximum exposure on a referred Article 128b strangulation conviction alone: up to eight years confinement and a Dishonorable Discharge. The Government's case alleged conduct against the spouse and the eldest children spanning three duty stations and more than three years.

Our client retained Bilecki during the investigation phase.

The spouse’s account was central to the strangulation, child-endangerment and threat allegations. We built the cross around what the file showed was on the line for her at the time of the report: a pending PCS to Okinawa that would have moved the family out from under her support network, a divorce conversation already on the table, custody and benefits leverage that runs with a domestic violence report, and the absence of any contemporaneous report on the older alleged incidents. We walked the spouse through the timeline and through the points where her account did not match the surveillance and documentary record.

Defense forensic nurse examiner Jacqueline Miller took the strangulation mechanics that were carrying the punitive discharge exposure. The medical signature the Government's case relied on did not look the same after Miller's testimony. Defense child forensic psychologist Dr. Alicia Benedetto took the Article 119b child endangerment specifications and the recorded child interviews the Government planned to admit under M.R.E. 807.

We filed a Motion in Limine to exclude the Government's M.R.E. 404(b) propensity evidence early in 2024. The Military Judge granted the motion in part. The most inflammatory portion of an alleged uncharged incident was excluded as substantially more prejudicial than probative.

Our client elected members with enlisted representation under R.C.M. 903(b). Eighteen members were detailed in late February 2024, nine officers and nine senior enlisted.

Tim Bilecki traveled to MCAS Iwakuni, Japan for the contested general court-martial. Trial proceeded in March 2024.

The panel acquitted on fourteen of sixteen specifications. Every Article 128b strangulation theory: not guilty. Both Article 119b child endangerment specifications: not guilty. Both Article 90 willful disobedience specifications: not guilty. Ten of the eleven Article 128b domestic violence specifications: not guilty.

The two convictions were one Article 128b assault consummated by a battery as a violent offense of domestic violence and one Article 115 communicating a threat. The adjudged sentence was a reprimand, two months restriction, three months hard labor without confinement, and three months confinement. No punitive discharge. No reduction in rank.

Result: Acquitted on fourteen of sixteen specifications, including every strangulation theory. Convicted of one domestic-violence battery and one communicating-threat specification. Sentence included three months of confinement, three months of hard labor without confinement, two months of restriction, and a reprimand. No punitive discharge or reduction.

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FAQ

Q: What work went into the defense of the strangulation and child-endangerment allegations?
Bilecki prepared the case with forensic nurse examiner Jacqueline Miller and child forensic psychologist Dr. Alicia Benedetto. The defense addressed the alleged strangulation mechanics and the recorded child interviews, while Tim cross-examined the spouse against the timeline and documentary record. A motion also excluded part of the Government’s proposed evidence about an uncharged incident.

Q: What did the members find?
The panel acquitted on fourteen of sixteen specifications, including every charged strangulation, child-endangerment and willful-disobedience specification. It convicted the Marine of one domestic-violence battery and one communicating-threat offense. The sentence included three months of confinement, three months of hard labor without confinement, two months of restriction and a reprimand. There was no punitive discharge or reduction in rank.