It is a discernible truth that military investigators routinely make glaring errors that can result in the exoneration of the accused. Prosecutors try to ignore them, but Bilecki knows how to bring those errors into the light. In the case of our latest client, those involved in the investigation were downright corrupt and malicious. Defending this innocent Marine against such corruption was a damn honor.
The Corporal was accused of unlawfully entering the location of a Lance Corporal and sexually assaulting her. Even though the alleged victim could only identify our client with 60% certainty, the prosecution and command ran with the case. Apparently, investigators were just planning to invent the last 40% through nefarious means.
The MPs who responded kicked things off by interviewing the Lance Corporal without informing him of his rights. They then proceeded to plant evidence at the crime scene to implicate him and disregarded just about every protocol when it came to the collection of evidence.
When it came to the evidence collected, DNA analysis demonstrated that our client’s DNA was not present on any of the alleged victim’s clothing. Likewise, the alleged victim’s DNA was not present on any of our client’s clothing items at the scene. Despite using highly sensitive DNA testing technology capable of detecting DNA from a single skin cell, there was insufficient male DNA on the alleged victim’s underwear to generate any profiles.
On top of that, the Naval Criminal Investigative Service (NCIS) failed to submit multiple items that might have been key to this case for testing. This includes vaginal swabs, labia swabs, various bedding items and more. Look, we know the TV show makes the NCIS look like badass investigators. Reality is something far different.
We took the prosecution and investigators to task for every single procedural and unethical act. So much so that although it took the Marine Corps 18 months to get this case to trial and 5 days to argue the case at trial, it took the jury just 43 minutes to come back with a full acquittal. Do not let the prosecution make you believe that they have you dead to rights because investigators make these mistakes all the time. You can fight back, and you can win with an experienced court martial defense attorney on your side.
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