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Spangdahlem Air Base Court Martial Defense: Defending the Airmen of the 52nd Fighter Wing

The air traffic control tower at Spangdahlem Air Base, Germany (2009).
The air traffic control tower at Spangdahlem Air Base, Germany (2009).Photo: U.S. Air Force / Jenifer H. Calhoun · Public domain
Source and image detailsSpangdahlem - new towerFull frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

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Spangdahlem Air Base: A Fighter Wing Deep in the Eifel

Spangdahlem sits in the Eifel, the gray, rainy hill country of western Germany next to the old Bitburger beer town of Bitburg and a short drive from Trier and the Mosel wine valley. The 52nd Fighter Wing flies its F-16s from here in the Wild Weasel role, going in first to take down enemy air defenses, and the base calls itself Saber Nation. The Airmen here are the fighter squadrons, the maintainers who keep the jets flying, and the support that runs a forward fighter base, a more isolated tour than the big Ramstein and Kaiserslautern community an hour and a half south, and a smaller command watches its people closely.

On a small forward base a serious charge can feel like the whole institution turning on you at once, and that is when you want a lawyer who tries these cases for a living. That is all this firm does, and Europe is now a regular part of the work, handled from Tampa. We fly in for the fight, because what counts in a contested case is trial experience, not proximity to the gate.

The Sergeant Who Called the Last Barrage on His Own Position

The ground around Spangdahlem saw some of the hardest fighting of the war, and one of the men who held it was Technical Sergeant Peter J. Dalessondro. On December 22, 1944, near Kalterherberg, his platoon held the high ground when the Germans came at them in force. Dalessondro moved to an exposed position to call in mortar fire and rally his men, broke the first attack, and when the enemy came again he went back to the forward position and kept fighting, firing a machine gun at near point blank range and throwing grenades until he was surrounded. With the Germans on top of him he called the last barrage down on his own position to break the assault. He earned the Medal of Honor for refusing to give up the ground. That refusal to yield when the odds are against you is the standard we bring to a case at Spangdahlem.

Why Airmen at Spangdahlem Bring Us In

We win court martial cases. Military defense is all we do, and Airmen fly us in from all over the world because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a smaller forward command will make an example of an Airman to keep the wing in line. A serious case is investigated by the Air Force Office of Special Investigations, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. Your Area Defense Counsel may be sharp but carries a heavy caseload inside the same system, which is why Airmen serious about winning bring in their own counsel.

UCMJ Charges We Defend at Spangdahlem Air Base

The charges below are common at Spangdahlem Air Base, but our practice is not confined to them. We defend service members against any UCMJ offense.

Flight Status, Sensitive Missions, and Dereliction (UCMJ Article 92). For a rated officer or career enlisted aviator, an allegation can ground you before it ever reaches a courtroom. A flight discipline matter, a safety incident, a positive test, or any serious charge can pull you off flying status and send your aviation service to a Flying Evaluation Board, which can end your flying career on a standard far below what a court martial requires. For the maintainers and support Airmen whose access is the job, the same investigation can suspend the quals the assignment depends on. We defend the criminal charge and the Flying Evaluation Board together, and a hard defense of the underlying allegation is the best protection for the flying career.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished, all the more so on a small forward base where word travels fast. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction means confinement, a federal record, and a place on a sex offender registry.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end an Air Force career because an Airman has to be able to carry a weapon. We also defend assault under Article 128, where self defense is a recognized defense.

Larceny, Drugs, and Off Duty Conduct (UCMJ Articles 121, 112a, and 134). Property cases turn on the intent the government has to prove rather than assume, and drug cases turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. An Airman is subject to the UCMJ off duty, so a DUI on the autobahn or a night out in Bitburg or Trier that ends badly comes back to the command. A serious off base incident in Germany can also put you in front of the German Polizei and a German court, not just your command. A bad night can mean a court martial and a foreign case at once, so get counsel involved before you talk to anyone.

A Career and a Reputation Worth Defending

Not every Airman who calls us did something wrong, and we do not pretend otherwise. What matters is how serious the case is, not your rank. If a matter is genuinely minor, your Area Defense Counsel can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your flying status, your retirement, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable military sentencing parameters set a confinement range the judge has to work within, two and a half to ten years for sexual assault and ten to twenty for rape, with a departure requiring specific facts in writing, plus any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at Spangdahlem, reach out for a free defense strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

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FAQ

I'm a pilot at Spangdahlem and I've been pulled off flying status over an investigation. Can I lose my flying status even if I beat the charge?
Yes, because the Flying Evaluation Board and the court martial are separate tracks with separate standards. For a rated officer or career enlisted aviator, that board can act on the same allegation on a standard far below what a conviction requires, so you can win the criminal case and still lose your flying career if the board side is not fought. That is why the underlying allegation has to be defended on both fronts from the start, and we handle the criminal charge and the board together.

OSI wants to interview me at Spangdahlem. Do I have to talk to them?
No. You are not required to sit for an OSI interview or answer their questions. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both at any point, including before the interview begins. OSI is collecting evidence, not giving you a chance to explain. Decline, ask for counsel, and call a defense lawyer before you give any statement.

Something happened off base in Germany. Could the German authorities get involved too?
They can, and they do. A serious off base matter in Germany, an autobahn crash or a DUI on the lower German limit, can be taken up by the German Polizei and prosecuted in a German court on a separate track from the UCMJ case your command is pursuing. Investigations in the two systems may overlap, and what you say to one can affect the other, so do not give a statement to anyone until you have talked to a defense lawyer. The SOFA allocates primary jurisdiction and limits a second trial for the same offense; overlapping investigations do not mean that both countries may freely try the same charge.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

Rafael L.

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