1. Court-Martial Defense:

A court-martial is a serious matter that can result in a dishonorable discharge, imprisonment, and a ruined career. Cave & Freeburg, LLP brings decades of combined experience to your defense. Their attorneys have a deep understanding of the Uniform Code of Military Justice (UCMJ) and extensive experience navigating the complexities of court-martial trials and appeals. They will:

• Analyze your case: They meticulously examine the charges, evidence, and potential violations of your rights.
• Develop a strong defense strategy: This may involve challenging the evidence, negotiating a plea bargain, or building a case for dismissal.
• Represent you throughout the process: From pre-trial motions to hearings and the trial itself, they will be your relentless advocate.
• Fight for the best possible outcome: Their goal is to secure an acquittal, dismissal of charges, or a reduction in punishment.

2. Non-judicial Punishment (NJP) (Article 15):

Even an NJP, often considered a lesser penalty, can have significant consequences for your career. This is so even though an NJP is not a conviction. There are many civilian employers who are not aware of that distinction and think you have a “conviction.” Also, we now live in a military culture where there is little to zero tolerance for “defects.” The days when the purpose of NJP was to hold someone accountable but also allow them the chance to recover and go on to a better career are mostly gone. Nowadays, that first NJP can result in administrative discharge and a black mark on your military service. As military defense counsel, Cave & Freeburg, LLP can help you navigate this process by:

• Advising you of your rights: Explaining your options under the UCMJ and at an NJP proceeding.
• Negotiating with the command: They can work towards a more favorable outcome, potentially reducing the severity of punishment.
• Preparing a strong response: They will help you craft a compelling response to the allegations, mitigating the potential impact on your record.

3. Administrative Discharge Proceedings:

Facing an administrative discharge, or for officers a board of inquiry, is stressful and uncertain. Cave & Freeburg, LLP can guide you through this process by:

• Understanding the grounds for discharge: There are various reasons for administrative discharge, and they will ensure you understand the specific allegations against you.
• Fighting for a more favorable characterization: The discharge characterization (honorable, under honorable conditions, etc.) significantly impacts future opportunities. They will strive for the most positive characterization possible.
• Exploring all options: In some cases, they may be able to negotiate a retention in service or pursue other avenues to protect your career.

4. Military Justice Matters Beyond Court-Martial:

Cave & Freeburg, LLP’s expertise extends beyond court-martial defense. They can assist with a variety of other legal issues faced by service members, including:

• Line of duty investigations: If injured on duty, they can ensure you receive proper benefits and representation during investigations.
• Security clearance issues: Security clearances are vital for many military careers. They can help you navigate security clearance suspension or revocation proceedings.
• Military separation boards: They can guide you through the separation board process and fight for a fair outcome.

The Cave & Freeburg, LLP Advantage:

• Extensive Experience: With over 43 years of combined experience, they have a proven record of success in complex military legal matters.
• Nationwide & International Reach: They represent clients stationed across the U.S. and overseas, ensuring accessibility regardless of location.
• Relentless Advocacy: They are dedicated to protecting your rights and fighting for the best possible outcome in your case.
• Free Consultation: They offer a free consultation to discuss your situation and explore your legal options.

Taking Action:

Don’t face military legal challenges alone. Contact the military defense lawyers at Cave & Freeburg, LLP today. Their experience allows them to prepare and guide you through the legal process and fight for your rights. We have represented clients from E-1 through O-9. In representing these clients we have looked for creative ways to favorably resolve the issues and get a positive result. Because our loyalty is to the client only, we don’t have to worry about what our uniformed supervisors or colleagues think of our work, strategy, or willingness to appropriately challenge authority. We are not looking over our shoulders to see how our representation might affect our next promotion or assignment–you are the only person we are responsible to. Over the years we have reviewed thousands of law enforcement investigations, FAP reports, and records of trial. With our unwavering dedication and proven track record, you can be confident that you have a strong advocate in your corner.

I note this issue arose because of – yes – trial counsel discovery violations, and then a refusal to accede to the judge’s remedy of producing witnesses for the defense. See a post here.

I am informed that the issue of potential Brady material came up through an inadvertent disclosure at some sort of semi-official gathering at which the trial and defense counsel were present. I likened this method of disclosure as doing a reverse Ankeny. That’s in reference to United States v. Ankeny, 28 M.J. 780 (N.M.C.M.R. 1989). (Interestingly this case is another CAAF case cited in a federal habeas proceeding for a non-military accused. See Nickely v. Hannigan, 869 F. Supp. 875 (D.C. Kan. 1994). In Ankeny it was the defense who made the inadvertent disclosure to the prosecutor.

It seemed to me that absent this inadvertent disclosure to Rettinghouse’s counsel that the information may not have become known to the defense counsel, sadly. There is some indication that the trial counsel left it for the defense to find out. The disclosure of some apparently inconsistent statements caused the defense to make a discovery motion. I’m informed that once the defense got the interview notes that there was further information beyond that suspected which was also discoverable. I think many of us would have also asked the judge to order a copy of the complete trial counsel and SJA files for in-camera review.

Bottom line: information discovered by the prosecution in the course of interviewing witnesses that is or could be exculpatory is Brady material and should be disclosed, despite any claim of the information being work-product. That is a constitutional duty imposed on the prosecution by the United States Supreme Court and various ethics rules.

There is lots of discussion about ‘new’ issues raised in the government’s petition. But as observed to me this is the sole relevant discussion by the court on the validity of the abatement.

His order to produce the witnesses who could provide that testimony is not an abuse of discretion, and his order abating the proceedings for the government’s refusal to comply is in accord with R.C.M. 703.

If the government refuses to produce a witness as ordered by the military judge, the proceedings “shall be abated.” R.C.M. 703(c)(2)(D). Here, the military judge had previously ruled particular testimony relevant as impeachment. His order to produce the witnesses who could provide that testimony is not an abuse of discretion, and his order abating the proceedings for the government’s refusal to comply is in accord with R.C.M. 703.

A short simple statement on the issues properly before AFCCA.

One of the reasons that clients come to a civilian counsel is that they think the prosecution and defense counsel are too close, gossip with each other, and share too much information. In this case the problem, fortunately, redounded to the defense benefit in exposing a, IMHO, deplorable constitutional violation. The defense should read Ankeny.

A question now is will the government also ignore AFCCA’s decision.

A question, at what point does a prosecution refusal to abide by a military judge’s order become contumacious and/or frivolous?

The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the CA erred by failing to order a new trial despite the SJA’s acknowledgement that the appellant had presented new evidence that fell within the parameters of R.C.M. 1210. Further, the appellant filed a petition for a new trial pursuant to Article 73, UCMJ, 10 U.S.C. § 873.

AFCCA denied relief on the merits of the appeal and denied a new trial. AFCCA reasoned that even if the information was newly discovered (AFCCA was not certain it could not have been obtained during pretrial preparations), the evidence would not,

probably have resulted in “a substantially more favorable result for the accused.”

Apparently

Through the clemency process after trial, the trial defense counsel requested the CA set aside the conviction or grant a new trial. The request was based upon a statement, dated 8 April 2009, provided to the defense by TS, a co-worker of JH and TB. In this unsworn statement, TS indicated that TB had told her that what happened between the appellant and TB was not rape and had been consensual.

No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25.

Note the accused was sentenced to confinement for 10 months, a bad conduct discharge, and RIR to E-1 for possession of child pornography.

Before AFCCA the appellant:

On appeal the appellant challenges the military judge’s determination of the maximum punishment, arguing that the language of the specification precludes application of the analogous federal law maximum of ten years under the Child Pornography Prevention Act of 1996 (CPPA), 18 U.S.C. § 2252A. Finding no error prejudicial to the substantial rights of the appellant, we affirm. The specification provided fair notice that the gravamen of the charged offense is possession of child pornography, the appellant admitted that he knowingly possessed images of minors engaged in sexually explicit conduct, and the military judge correctly determined the maximum punishment by referring to the analogous federal offense of knowing possession of child pornography, in violation of 18 U.S.C. § 2252A.