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ARMY JUSTICE: FIGHTING FOR A DISTINUISHED ARMY OFFICER AGAINST A WEAK GOMOR

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In a remarkable turn of events, Capovilla & Williams have successfully cleared an innocent Army officer of all allegations following a bias CID investigation. The firm has also achieved the dismissal of a General Officer Memorandum of Reprimand (GOMOR), marking a significant triumph for justice and for the integrity of our client. At Capovilla & Williams, we have dedicated our professional lives to supporting Service Members and Veterans across the country. When I joined this team after years of service as an Air Force prosecutor and defense attorney, I quickly realized that this is a mission-driven company with a bulldog tenacity for defending Service Members worldwide.

I was both thrilled and honored to serve as lead counsel for an Army Officer who was falsely accused of sexually assaulting his wife and for violating a no-contact order. Alongside my investigator, Mr. Kevin Bickford, we successfully persuaded the Office of the Special Trial Counsel to drop the sexual assault allegations. Additionally, we convinced the Commanding General to destroy the General Officer Memorandum of Reprimand (GOMOR) against my client, which was based on a weak sexual assault allegation made by his ex-wife after he discovered her affair.

STANDING STRONG AGAINST CID AND ADVOCATING TO OSTC TO DISMISS THESE CHARGES!

This case began as a CID investigation into various allegations, including sexual assault, domestic violence, and emotional abuse. Notably, the accuser—our client’s estranged wife—only made these allegations after our client discovered her affair and our client filed for divorce. Despite this context, CID determined that probable cause existed for sexual assault. As our CEO, Robert Capovilla, puts it: “CID believes that any accusation against a male service member constitutes probable cause. They even think that passing gas in front of a woman could be considered sexual assault.”

Mr. Bickford, a former CID Agent and now an investigator for Capovilla & Williams, quickly assisted us in building a case against the accuser. We identified witnesses willing to testify about her dishonesty, uncovered important text messages, and even discovered that she had been fired from her job for lying to her employers. We used all of this evidence to persuade OSTC to drop the allegations against our client. To their credit, OSTC listened to us and deferred the case to our client’s chain of command and the SJA’s office. This was our first significant victory.

FIGHTING AGAINST A RIDICULOUS GOMOR AND FACING A POSSIBLE BOARD OF INQUIRY

Shortly after learning that OSTC was not going to proceed with a court-martial, our client was informed that the command intended to refer the case to a Board of Inquiry. It appeared that his estranged ex-wife was pressuring the command to take action and had even made false accusations against our client, claiming that he violated a no-contact order.

A few days later, we discovered that the Commanding General (CG) was going to issue a GOMOR. We quickly seized this opportunity to demonstrate to the CG that our client was falsely accused. Mr. Bickford and I meticulously reviewed every detail of the evidence supporting the GOMOR, which was largely based on a biased and poorly investigated CID report. We also took proactive steps by conducting our own investigation aimed at discrediting the accuser, exposing her falsehoods, and vindicating our client.

Unfortunately, the CID often lacks interest in building a case for the accused and frequently fails to interview witnesses who could assist in their defense. This is why we employ six investigators at our firm; they are dedicated to building the strongest case possible. This support is crucial if you’re serious about winning.

STAYING THE COURSE, UTILIZING OUR RESOURCES, AND ACHIEVING VICTORY!

In the first paragraph of our response to the GOMOR, we informed the CG that the allegations emerged only after the accuser was caught having an affair and our client filed for divorce. We highlighted her lies, inconsistencies, and the absence of supporting evidence. Our own investigation revealed that many people close to the accuser considered her dishonest.

It appeared that the only individuals who believed the accuser were those in CID, which did not surprise anyone at Capovilla & Williams. We worked diligently behind the scenes for our client while collaborating directly with the Chief of Military Justice. Our goal was to send a clear message: dismiss this GOMOR, throw out this case, and cease the threats of a Board of Inquiry. We wanted to make it evident that if this case proceeded, the prosecution would face significant challenges in litigation.

Then we received the news—the GOMOR was filed locally, no further actions would be taken, and our client was cleared of any wrongdoing. Our client’s future, retirement, and reputation have been restored and remain intact. This nightmare is now behind him, and he is free to move forward in his career with pride, dignity, and a cleared name.

This is what we do at Capovilla & Williams. We challenge the status quo, fearlessly step into the arena with our clients, leverage our resources and reputation, and achieve victorious outcomes. Congratulations to our client for enduring false allegations, staying the course, and ultimately persevering.

CONTACT US NOW IF YOU’RE FIGHTING TO PROTECT YOUR CAREER FROM FALSE ALLEGATIONS!

At Capovilla & Williams, we ensure our Soldiers are supported by a dedicated team tailored to combat any allegations. You’ll benefit from the expertise of a seasoned lead attorney, a knowledgeable paralegal, and a skilled military investigator. Our mission is to equip you with everything you need to effectively navigate the complexities of your case and stand strong against the challenges ahead. We’ve got your back! We are ready, willing, and fully equipped to stand by your side. Keep your fire alive—call us today at 855-442-6271!

 

Lacey Parham
Military Defense Attorney
Capovilla & Williams

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