May 2019 Notable Case Results

May 2019 Notable Case Results

18 May 2019, U.S. v. E-7, United States Army, Fort Benning, GA (Sex Assault and Domestic Violence): 

SFC’s spouse accuses him of sexual assault, domestic violence, and child abuse after he finds out that she was having an affair.  The SFC is FLAGGED, bared from promotion, removed from his primary duties, and told that the Government may court-martial him and take his retirement after 18 years of dedicated service and several combat deployments.  The SFC hires Mr. Capovilla who immediately assigs one of the firms investigators to the case to find out the truth.  After conducting several interviews, Mr. Capovilla discovers that the spouse was indeed involved in an adulterous relationship and that her own children believe she hurt herself to make it look like the SFC had hit her.  Several of the witnesses affirm that the SFC was not even with his spouse at the time that she was injured.  Mr. Capovilla discusses the case with the SFC dozens of times and even files an Article 138 Claim against the SFC’s command for not releasing relevant information.  After nearly 7 months of investigation, the military dismisses the charges and does not prosecute the SFC.

RESULT: No court-martial. No jail time. No sex offender registration.  No separation board. No Article 15.  The SFC is set to retire next year with all of his benefits intact.

17 May 2019, U.S. v. E-5, United States Air Force, Nellis AFB, Las Vegas, NV (Sex Assault and Abusive Sexual Contact): 

SSgt Airmen is notified that he is under investigation for abusive sexual contact and possible sexual assault.  The SSgt decides to retain Mr. Robert Capovilla to represent him during the investigation and possible court-martial.  Mr. Capovilla speaks with the SSgt over 20 times on the phone, conducts several conference calls with him, interviews witnesses, and assigns one of the firms investigators to the case all before the Government finishes their investigation.  Mr. Capovilla informs the SSgt there are serious problems with the Government’s case and he finds out that two of the Government’s most important witnesses will testify that the complaining witnesses story is not accurate and that their memory of events is very different than the complaining witnesses version of events.  After extensive preparation and several discussions with the military prosecutor, the Government decides to dismiss the charges and not prosecute the SSgt.

RESULT:  No court-martial. No jail time. No sex offender registration.  No federal conviction.

2 May 2019, U.S. v. E-4, United States Army, Fort Bragg, North Carolina (Indecent Viewing).

Army Specialist is under investigation for 6 months for allegedly video recording a female in the act of consensual sex.  The Specialists command informs him that they will court-martial him before his ETS date.  The Specialist hires Robert Capovilla to represent him.  The first thing Mr. Capovilla does is assign one of the firms investigators to find out what really happened in this case.  After speaking with 8 different witnesses, Mr. Capovilla finds out that the Government’s case is weak and that they don’t have a good reason to extend the Specialist beyond his ETS date.  After several different conversations with the military prosecutor, the military decides to drop the case against the Specialist, lift his FLAG, and allow him to ETS without court-martialing him or separating him.

RESULT: No court-martial.  No jail time. No Article 15. All charges dropped. No reduction in rank.  The Specialist will leave the Army with an honorable discharge.

Our Favorite Client Testimonials

Our Favorite Client Testimonials

After reporting an act of discrimination against me at work, I was quickly accused of sexual assault by two female accusers. After charges were preferred I did some research and hired Mr. Robert Capovilla. I was facing a special court martial with 2 charges and 3 specifications.

Robert fully invested himself while working on my case, putting in hours late at night and on the weekends. His experience and foresight can’t not be valued. Although he didn’t guarantee a victory as 2 victim cases are more difficult, he was very confident and an extremely talented litigator. I believe every step of the way he was the best attorney in the room at all time.

Mr. Capovilla was well prepared for trial with great directs and cross examinations. Specifically, during his cross examination of both accusers he was able to point out inconsistencies and impeached them on the stand. Watching him in trial was truly a sight to see. My father who attended the court martial even said that Robert Capovilla was like Johnny Cochran.

On the 5th day of trial in concluded with a full acquittal. Robert did not end it there. He made sure my integration back to my command was good to go as well. Robert’s work ethic and great litigation ability saved my career.  I am extremely thankful for him. I can offer no greater recommendation for an attorney.

“Mickey and Rob saved both my career and future. I contacted Mr. Robert Capovilla shortly after I was notified that the Army intended to separate me. Mr. Capovilla informed me of the steps the Army would make and helped me get my defense packet together. Thankfully I had them on my case because my Army appointed lawyer from TDS tried to get me investigated by CID. Rob was able to get that TDS attorney kicked off my case and got me a TDS attorney from another post. Rob handled all contact with the military prosecution and let me know everything that the Army was doing behind the scene. The Army set a board date that Rob was not able to make because of another trial, so after a conference between Rob, Mickey and I, we decided not to give the Army more time to prepare, and Mickey took up the case. Mickey came down the day before the board to go over all the evidence, character statements, and my testimony multiple times with me. I went into the separation board with a plan of action, confident and prepared. Mickey destroyed the military prosecutor,and the board found me not guilty. I had 12 years of decorated service in special operations. Rob and Mickey saved my career, retirement and VA benefits. I would not trust another law firm with my future on the line. If you find yourself in trouble with the military, contact Rob and Mickey before you say or do anything.” — ZS, 2 Dec 2018.

Over two years ago, I was charged with sexual assault by the girl that had been sleeping with for the previous two months.  At first, I was terrified.  CID told me that they had eye witnesses and that I should just admit that I raped her when she was asleep because that would help me get less jail time.  I liked my assigned military counsel, but he was very busy and was not able to speak with me as much as I wanted him too.  So, I hired a civilian attorney to help me out because me and my family were terrified.  I’m not from this country, and I had never been accused of anything like this before.  I was also told that I could get deported if I lost the case.  My civilian attorney did not listen to me or believe me.  He convinced me to plead guilty to the charges in exchange for less punishment.  I was then told that the Government would not accept my plea deal and they wanted me to be a sex offender and that they wanted me to go to jail for at least 5 years.

At this point, I hired Mr. Robert Capovilla to help me and I fired my other civilian attorney because I had heard that Mr. Capovilla was the best and I needed all the help I could get.  Mr. Capovilla spent two hours on the phone with me for our free consultation and I knew that they were the right ones for the job.  Mr. Capovilla was assigned to my case and I knew immediately that he was the right person for my case.  Within three days, he filed several motions on my behalf, got me an expert witness, and forced the Government to turn over text messages the victim had sent to me and my friend from that night that my other attorney never even told me about.  I traveled to Mr. Capovilla’s office where Mr. Capovilla and Mr. Williams all spent time helping me get ready for my case.  I felt like I had an entire team helping me out.

During trial, I was very nervous until we walked into the courtroom and Mr. Capovilla gave his opening statement.  He was awesome! During his statement, I heard the lead prosecutor tell his co-counsel that they were “in the big leagues now.”  Throughout the trial, Mr. Capovilla was by far the best attorney in the room.  He objected when he should have, he made the victim look stupid on cross examination, and every time he spoke the panel paid attention.  Honestly, his closing statement was the best speech I have ever heard.  The panel never took their eyes off of him.  When the case was over, there was a line of Soldiers standing outside the door who wanted to get Mr. Capovilla’s card because they thought he was so good.  Mr. Capovilla is the best you can possibly get.  I’d be in jail without them.  I love them and I will always be thankful that I found them.  They answered my prayers.” — 22 Dec 2018.

Judge Removes Senior Navy Prosecutor In Navy Seal War Crimes Case

Judge Removes Senior Navy Prosecutor In Navy Seal War Crimes Case

In US v. Chief Edward Gallagher, the military judge recently ordered that the senior Navy Prosecutor be removed from the case for spying on the defense team and a Navy Times journalist.  In open court, the Navy prosecutor, Cmdr. Christopher Czaplak was ordered off the case for emailing 13 defense attorneys and paralegals, as well as Navy Times Editor Carl Prine, a tracking beacon in an effort to find the source of leaks to the media.

Here’s the bottom line: the DoD can intercept communications in many different ways using many different types of methods.  There are even comprehensive laws that allow agencies like NCIS to intercept live wire or electronic communications.  If you’re under investigation for allegedly committing a crime in the U.S. Military, never, never email sensitive documents to your attorney using your DoD email.  Always use your private email accounts.  Your attorney, civilian or military, should utilize the same practice.