REAL COURTS-MARTIAL RESULTS

Below are real cases that we have defended. However, all cases are different. A success in one case does not guarantee success in another similar case. We do not guarantee a certain outcome, to do so violates the Rules of Professional Responsibility. In addition, the results of the case often depend on the facts, whether the client follows legal advice and the stage of the proceeding at which services are retained.

April 29, 2021, U.S. v. E-7, United States Army, Kaiserslautern, Germany. 

An E-7 with nearly 25 years of service was accused of strangling his wife on four different occasions (aggravated assault), burning her with a frying pan and twice making a serious threat.  Mr. Freeburg investigated the case and determined that the allegations were made in the context of a custody dispute and developed a gameplay to cross-examine the alleged victim on her motivations at trial.  Despite the prosecution introducing supposed photos of injuries and testimony from an expert in strangulation, the Soldier was acquitted of all charges of aggravated assault and making threats and only convicted of one lesser included offense of misdemeanor battery.

Result: Acquittal on All Serious Charges, No Confinement, Retirement Preserved.  

March 30, 2021, U.S. v. E-7, United States Navy, Naval Station Norfolk, Virginia. 

An E-7 stationed overseas in 2018 was accused of three specifications of having sex with a prostitute overseas and three specifications of anal rape. In March 2019 he was found guilty of the prostitution charges only and the alleged rapes were dismissed. On appeal, he retained Mr. Philip Cave to represent him.  In February 2019, the civilian police in Virginia had been investigating allegations against the same E-7 of oral and vaginal rape of a local woman, as well as attempted anal rape, assault with intent to rape, and robbery. The civilian authorities decided not to prosecute so the now E-1 client was prosecuted at a general court-martial and elected to be represented by Mr. Cave. In this new trial, he was found not guilty of all charges and specifications by a panel of officer and enlisted members. The appeal of his first conviction is still underway.  

Result: Full Acquittal on All Charges.  No Sex Offender Registration.

March 26, 2021, U.S. v. E-4, United States Air Force, Sheppard Air Force Base, Texas. 

Airman is accused of having sexual intercourse with a thirteen-year old girl and videoing a portion of the encounter as production of child pornography.  Mr. Freeburg is retained to defend the Airman and develops a robust defense based upon the fact that the alleged victim had claimed to be nineteen and had numerous ongoing mental health issues and false allegations.  After extensive litigation and several continuances, the Air Force agrees to a Chapter 4 discharge instead of court-martial.

Result: No Federal Conviction, No Sex Offender Registration.

March 19, 2021, U.S. v. O-2, United States Navy, Naval Station Norfolk, Virginia. 

Navy officer is raided by the FBI and accused after a joint investigation with the state police and NCIS of the possession and distribution of hundreds of images of child pornography.  Mr. Nathan Freeburg works with the officer through the investigation process to prepare and when charges are preferred fights the government with an aggressive motions practice.  At trial, the prosecution shows the panel of senior Navy officers a highly explicit video of child pornography in an attempt to inflame their passions and convict the client based on emotion.  Mr. Freeburg flips the government’s strategy and computer forensic experts against them and wraps all the evidence together in a closing argument with the result that the panel only deliberates for two hours before acquitting the LTjg of all charges!

Result: Full Acquittal on All Charges.  No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

2020 Case Results

September 23, 2020, U.S. v. E-6, United States Army, Fort Rucker, Alabama.

Staff Sergeant is accused of multiple specifications of sexual assault and fraternization by a junior Soldier with an ax to grind. Mr. Freeburg prepares a full-scale attack on the government’s case for the Article 32 hearing. As a result, the Preliminary Hearing Officer (PHO) recommends not proceeding with a general court-martial. Finally, the government agrees and withdraws and dismisses the charges.

Result: Case Dismissed. No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

August 25, 2020, U.S. v. E-6, United States Army, Fort Lee, Virginia.

Staff Sergeant is accused of attempted sexual assault, indecent exposure and soliciting the unauthorized access of a government computer system. Charges are referred to a Special Court-Martial even though the allegations were absurd. The government pushed the Soldier to submit a Chapter 10 (Other Than Honorable Discharge) in lieu of trial, threatening to make him a registered sex offender if he went to trial. Mr. Freeburg is retained and prepares a game plan for an acquittal, attacking every part of the government’s case. Five days before trial, the government withdraws and dismisses the charges.

Result: Case Dismissed. No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

August 2020, U.S. v. O-5, Fort Belvoir.

The client was accused of male-on-male sexual assault by two Soldiers. Advocacy post-Article 32, UCMJ, hearing, resulted in all charges being dismissed, and the client returned to full duty.

July 30, 2020, U.S. v. LCpl, U.S. Marine Corps.

After a Lance Corporal was convicted at a court-martial for two specifications of sexual assault and sentenced to four years in prison and a dishonorable discharge he retained Mr. Freeburg to file an appeal in the Navy-Marine Court of Criminal Appeals. Mr. Freeburg argued on appeal that the evidence was factually insufficient for a conviction and that the government had committed prosecutorial misconduct and the military judge had erred in denying a defense witness.

Result: Conviction Reversed and All Charges Dismissed With Prejudice.

June 12, 2020, U.S. v. E-4, United States Air Force, RAF Lakenheath, United Kingdom.

Air Force Senior Airman (E-4) is accused of receipt and possession of child pornography, solicitation of child pornography and attempted receipt of child pornography for having intimate pictures of his sixteen year-old girlfriend. Mr. Freeburg investigates the allegations, develops a defense case, fights the Article 32 hearing, consults with the client and drafts a memorandum to the command explaining why the Air Force should grant a Chapter 4 Separation in Lieu of Trial. The command agrees.

Result: No Federal Conviction, No Sex Offender Registration.

June 11, 2020, Arkansas v. CW4, Arkansas Army National Guard.

After a Chief Warrant Officer 4 was convicted at a court-martial for maltreatment (for an alleged sexual assault) and an orders violation by the Arkansas Army National Guard, despite the fact that the alleged incident happened while he was not on drill status! The CW4 retained Mr. Freeburg to file an appeal in the Arkansas Supreme Court despite having to take on the Arkansas Army National Guard and the Arkansas Attorney General every step of the way. Finally, the Arkansas Supreme Court found that Mr. Freeburg’s interpretation of the law was persuasive and overturned the conviction because there was no jurisdiction by the Arkansas Army National Guard.

Result: Conviction Reversed!

March 4, 2020, U.S. v. O-3, Norfolk, VA.

The client was accused of rape of a female co-worker, a situation where he was the real victim. We reported this to the MCIO, met with the MCIO, and provided some corroboration of the allegation that he was the victim. As a result of a (strangely) thorough investigation with the client’s cooperation he was cleared and returned to full duty. This is an example of when it is helpful to hire civilian counsel early. Mr. Cave’s work here forestalled even the preferral of charges which otherwise were likely to come.

March 17, 2020, U.S. v. E-5, United States Marine Corps, Quantico, Virginia.

Sergeant is accused of illicit drug use under Article 112a, UCMJ, and charges are referred to a Special Court-Martial even though the accused Marine was adamant that the urinalysis had resulted in a false positive and was awaiting a medical discharge. Mr. Nathan Freeburg is retained and prepares a game plan for an acquittal, attacking every part of the government’s case. After rejecting an absurd government proposal for a deal, Mr. Freeburg conducted an aggressive motions practice, setting the stage for trial. After the motions hearing, the command drops the case allowing the medical discharge to go through.

Result: No Federal Conviction, Honorable Discharge, Full VA Benefits.

February 25, 2020, U.S. v. E-6, United States Army, Fort Shafter, Hawaii.

Army Staff Sergeant is accused of the sexual assault of his ex-wife and of indecent recording and broadcast, all allegations leading to sex-offender registration. Mr. Nathan Freeburg investigates the alleged victim, attacks the government’s case in motions and prepares for a robust counter-attack at trial. A week before trial, the prosecution offers a Chapter 10 discharge in lieu of trial, meaning no conviction, no registration, which the Accused accepts.

Result: No Federal Conviction, No Sex Offender Registration.

January 15, 2020, U.S. v. E-5, United States Marine Corps, Parris Island, South Carolina.

Sergeant is accused of violating 12 specifications of Article 132, UCMJ (making a false claim), 10 specifications of Article 124, UCMJ (also making a false claim), 10 specifications of Article 107, UCMJ (false official statement), and 10 specifications of Article 121, UCMJ (larceny), for a total of 42 specifications! Mr. Nathan Freeburg was retained early in the process and developed an extensive game plan for an acquittal. After rejecting an absurd government proposal for a deal, Mr. Freeburg conducted an aggressive motions practice, setting the stage for trial. At trial, Mr. Freeburg developed the client’s defense through the prosecution’s own witnesses. Despite the five-page charge sheet the panel took just over an hour to deliver a Not Guilty verdict!

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge.

2019 Case Results

December 2019, U.S. v. E-6, United States Navy.

In December 2017 a Sailor was accused of the rape and sexual assault of two women on the same night. A few months later the client was involuntarily extended on active duty for the investigation although charges were not preferred until April 2019. Mr. Philip Cave puts on a vigorous defense at the Article 32 hearing with the result that the rape allegations involving one of the women are dismissed. In December 2019–732 days after the alleged events, a court-martial panel found the Sailor not guilty!

Result: Full Acquittal on All Charges, No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

October 22, 2019, U.S. v. E-6, United States Army, Fort Jackson, South Carolina.

Staff Sergeant is accused of the sexual assault of a civilian by anal penetration as well as aggravated assault by strangulation. Both charges involved acts during a night of casual, consensual sex. Mr. Nathan Freeburg was retained after the preferral of charges and conducted an in-depth investigation into the allegations. Mr. Freeburg found that the alleged victim’s allegations were a result of her mental instability and need for self-authenticity as a “victim.” At trial, Mr. Freeburg used a robust cross-examination of the alleged victim as well as of the government’s strangulation expert in front of an Army panel to destroy the government’s case. The panel only took 65 minutes to return a verdict of “Not Guilty!”

Result: Full Acquittal, All Charges, No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

October 16, 2019, U.S. v. E-4, United States Air Force, Eielson Air Force Base, Alaska.

Senior Airman is accused of the sexual assault of a Senior Airman in her dormitory room after a night of drinking along with the abusive sexual contact of another Senior Airman that same night as well as three incidents of abusive sexual contact of a third Senior Airman, for a total of seven specifications of sexual assault under the UCMJ. Mr. Nathan Freeburg was retained months before the preferral of charges and conducted an in-depth investigation into the allegations. Mr. Freeburg found that the Air Force Office of Special Investigations (OSI) had engaged in a rush to judgment and had essentially created the second and third “victims” in an effort to ensure that his client was convicted as a sexual predator. Despite all of these strikes against the client, Mr. Freeburg uses a robust cross-examination defense in front of an Air Force panel to destroy the government’s case and put OSI on trial.

Result: Full Acquittal on All Charges, No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

August 2019, U.S. v. E-7, United States Navy, Naples, Italy

A Sailor was accused of violating federal anti-sex trafficking laws while stationed overseas and adultery by having sex with a prostitute. NCIS never bothered to do a basic investigation which would have established the likelihood of a defense to the charges while Mr. Philip Cave conducted a full investigation and prepared a robust defense. After the prosecution presented their case to the members the defense motion to dismiss everything but the adultery allegation was dismissed under R.C.M. 917. After that the members found the client not guilty of the adultery.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge.

August 7, 2019, U.S. v. E-6, United States Army, Fort Lee, Virginia.

Army Staff Sergeant is accused of molesting a ten-year old girl. Knowing that sexual assault of a child cases are the hardest to defend because in practical terms there is no presumption of innocence, Mr. Nathan Freeburg conducts an in-depth investigation into the allegation. Meanwhile, the prosecution does everything possible to oppose the trial being delayed, so that Mr. Freeburg can be on the case, and the Army brings in an expert field-grade prosecutor from the Trial Counsel Assistance Program (TCAP) to oppose him. After investigating the case and consulting with medical experts, Mr. Freeburg realizes that the allegation likely was the result of a dream based upon a movie the child had watched. After preparing for every eventuality, Mr. Freeburg uses crossexamination and expert witnesses to destroy the government’s case in front of a military jury.

Result: Full Acquittal on All Charges, No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

July, 8, 2019. U.S. v. E-4, Washington Navy Yard.

The client was one of a number of Sailors caught up in a sex scandal at Navy Support Activity Bahrain. He was accused of having sex with a prostitute and extremely serious charges of sex trafficking for the purposes of prostitution. The case involved significant pretrial litigation. After the prosecution completed its case, the military judge granted Mr. Cave’s motion to find the client not guilty of all of the charges except one of adultery. The members then found the client not guilty of adultery.

Result: Full acquittal on all charges, no federal conviction, no sex offender registration, and return to full duty. 

July 4, 2019, U.S. v. E-4, Lackland Air Force Base.

Mr. Cave represented the client on appeal and succeeded in having the conviction reversed. The AF decided to retry the case. However, after various motions sessions and advocacy, the AF was convinced that an administrative separation was the best solution to the case. While the client had spent time in confinement because of the first trial, the end result was no conviction and most importantly removal from the sex offender registration list in his state of residence.

April 25, 2019, U.S. v. O-5, United States Army, Fort Belvoir, Virginia.

Army LTC (O-5) with 26 years of service is accused of accepting illegal gratuities and a conspiracy to steer $12MM in contracts, among other charges, and is facing a potential prison sentence and loss of millions of dollars in retirement benefits. Mr. Nathan Freeburg works with a team of civilian and military lawyers to defend the client in front of an all O-6 military panel. Mr. Freeburg prepares the client for his sentencing statement and gives the sentencing argument after the Government requested a dismissal of the officer, which would result in the loss of his entire retirement. Mr. Freeburg asks the panel to sentence Client to a reprimand and a fine. The panel agrees.

Result: Retirement Preserved.

April 11, 2019, U.S. v. E-5, United States Army, Joint Base Elmendorf-Richardson, Alaska.

Army Sergeant is accused of directing a group sexual assault of an 18-year-old Air Force service member and also of sexually assaulting this alleged victim himself on multiple occasions throughout the evening, for a total of eight specifications of sexual assault under the UCMJ. Mr. Nathan Freeburg was retained months before the preferral of charges and conducted an in-depth investigation into the allegations. After charges are preferred and referred, one of the two co-accused junior Soldiers made a plea deal and pled guilty to sexual assault resulting in sex offender registration for that Soldier and two years in prison. In return he agreed to testify against Mr. Freeburg’s client. Despite all of these strikes against the client, Mr. Freeburg uses a robust cross-examination defense to destroy the government’s case.

Result: Full Acquittal on All Charges, No Federal Conviction, No Sex Offender Registration, No Dishonorable Discharge.

March 10, 2019, U.S. v. E-4, United States Air Force, Italy.

Air Force Airman (E-4) is accused of the sexual assault of another airman as well as other misconduct. Mr. Nathan Freeburg investigates the alleged victim on social media, develops a defense case, consults with the client and drafts a memorandum to the command explaining why the Air Force should grant a Chapter 4 Separation in Lieu of Trial. The command agrees.

Result: No Federal Conviction, No Sex Offender Registration.

2018 and Prior Courts-Martial Results

An Army officer and medical was provider was accused of assaulting seven different patients. At court-martial, he was convicted of the sexual assault of one patient. Mr. Philip Cave appealed the guilty verdict to the Army Court of Criminal Appeals which agreed there was not a fair trial and reversed the findings of guilt. Mr. Cave represented the officer at a retrial in Fort Sill, OK, put on a strong defense and he was acquitted.

Result: Full Acquittal on All Charges, No Federal Conviction, No Sex Offender Registration, No Discharge.

A Marine Sergeant and recruiter was accused of conspiracy, effecting unlawful enlistment, misprision of a serious offense, making false statements and other offenses. The case was referred to a Special Court-Martial. Although the prosecution made multiple attempts to force a plea deal, instead Mr. Nathan Freeburg aggressively filed five dispositive motions to dismiss various charges. The command dismissed the case. Following, the command initiated an administrative separation board. Mr. Freeburg successfully defended the board and the Marine was retained in service.

Result: No Federal Conviction, No Discharge.

An E-6 Sailor at Naval Station Jacksonville was accused of actively participating in a nationwide criminal outlaw motorcycle gang. With the client’s military retirement on the line, Mr. Nathan Freeburg was retained only a couple weeks before trial. He immediately filed motions to keep out highly prejudicial evidence and was successful. At the court-martial, Mr. Nathan Freeburg cross-examined the “gang experts” and police officers brought in by the prosecution and took apart the Navy’s case.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge.

In a panel trial at Fort Benning, Mr. Nathan Freeburg defended a non-commissioned officer accused of the forcible rape and forcible sodomy of another soldier in Kosovo in a case involving the extensive discovery of social media accounts and where the client had allegedly confessed to the crimes in pretext messages. Developed a strategy for dealing with the apparent confession and exhaustively prepared the client for taking the stand in his own defense, resulting in an acquittal!

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge, No Sex Offender Registration

Mr. Philip Cave defends an Air Force O-6 who was accused of rape, war crimes, and various other offenses while deployed. After 18 months of investigation and a strong defense throughout the process by Mr. Cave, the allegations were reduced to a number of instances of adultery – for which a letter of reprimand was given.

Result: No Federal Conviction, No Discharge, No Sex Offender Registration

Mr. Nathan Freeburg efended a non-commissioned officer accused of the theft of a sensitive military weapon in Afghanistan and its sale in the United States. In a contested bench trial, after cross-examination of the government witnesses, Mr. Freeburg made the controversial decision to not put on a defense case of any kind, resulting in a FULL ACQUITTAL.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge.

A warrant officer at Fort Rucker was charged with forcible rape and multiple physical assaults with a firearm and facing a potential sentence to life. Mr. Nathan Freeburg fought the case for a year through multiple motions hearings and a discovery battle against a very experienced and senior prosecution team until the case went to a weeklong jury trial. The accused was ACQUITTED OF RAPE and all but one assault charge and sentenced to a partial forfeiture of pay for two months.

Result: No Sex Offender Registration, No Discharge.

Mr. Philip Cave is retained to appeal the sexual assault conviction of an Airman to the Air Force Court of Criminal Appeals where he argues that the Airman did not receive a fair trial due to the prosecution’s use of “predisposition evidence.” The Court agrees and the verdict of guilty is overturned!

Result: No Sex Offender Registration, No Federal Conviction.

Mr. Nathan Freeburg defended a Marine Private at Quantico who was accused of the sexual assault of another Marine and of violating an order. The Marine was placed in pretrial confinement by his command, causing numerous roadblocks for the defense. Nevertheless he retained Nathan Freeburg, who made extensive discovery and expert witness demands, challenging the prosecution on various fronts. The eventual result was that the government dropped the court martial charges and took an administrative result instead, meaning no criminal conviction and no sex offender registration.

Result: No Sex Offender Registration, No Federal Conviction.

Mr. Philip Cave defended an Army E-4 who was accused of assaulting a female Soldier and also accused of sexually assaulting another female Soldier. After a contested judge alone trial the Soldier was found not guilty of the charges.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge, No Sex Offender Registration

Mr. Nathan Freeburg defended a high-speed NCO at Fort Benning against a drug charge in a panel (jury) trial. Mr. Freeburg extensively prepared the client for taking the stand in his own defense and put-on corroborative testimony in front of the panel.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge.

Mr. Nathan Freeburg aggressively defended a young junior Soldier accused of the sexual assault of another Soldier at Fort Rucker, resulting in a complete victory.

Result: Full Acquittal on All Charges, No Federal Conviction, No Discharge, No Sex Offender Registration

Mr. Philip Cave defended Air Force E-5 accused of forcible rape. After a thorough investigation, Mr. Cave is able to mount an aggressive defense at the Article 32, UCMJ, hearing. Subsequently, all charges were dismissed without even going to trial.

Result: No Federal Conviction, No Discharge, No Sex Offender Registration

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