MARINE CORPS JUSTICE

Capovilla & Williams Wins Big at Marine Corps Separation Board

Hello! I’m Dominic Giordano, a proud Marine Corps Defense Attorney at Capovilla & Williams. Together with my dedicated team, I’ve wholeheartedly committed my career to defending Marines across the nation. After serving as a Marine Corps Officer, I realized that to truly pursue justice for my fellow Marines, I needed to operate independently of the chains of command that often hindered us.

Recently, we had the honor of representing a decorated Marine NCO with 16 years of service who faced accusations of abusive sexual contact and sexual harassment from four separate individuals. Against all odds, we successfully defended him during the separation board, preserving his future and allowing him to continue on his path to retirement. It’s moments like these that fuel our passion and commitment to stand by our Marines with unwavering support. We’re thrilled to see justice prevail!

THE ALLEGATIONS OF ABUSIVE SEXUAL CONTACT AND SEXUAL HARASSMENT

Under Article 120 of the Uniform Code of Military Justice (UCMJ), Abusive Sexual Contact is a felony level allegation. During a separation board, the burden of proof is based on a preponderance of the evidence, which requires only a slight majority—51 percent—for the board to separate a Marine. With four accusers involved, the recorder, acting as the prosecutor, certainly felt confident that he was going to be able to prove his case.

The recorders’ goal is to present a case that could lead to an Other Than Honorable Discharge for our client. To succeed under Article 120, the recorder needs to demonstrate that my client touched these alleged victims, did so intending to gratify his sexual desires, and lacked consent.

My client was also accused of sexual harassment under Article 134 of the UCMJ. This means that the recorder must demonstrate that my client made unwelcome sexual comments or gestures, and that these actions were so widespread that a reasonable person would conclude that they created a hostile work environment. Additionally, the recorder must also prove that the alleged misconduct undermined good order and discipline or was of a nature that would bring discredit upon the Marine Corps.

THREE EFFECTIVE STRATEGIES FOR BUILDING A STRONG ARTICLE 120 AND 134 DEFENSE

At Capovilla & Williams, we are dedicated to addressing the three pillars of defending against sexual assault and harassment claims. The first pillar, and perhaps the most crucial, is identifying the motive to fabricate allegations. We ask ourselves: Why are these four alleged victims making false claims against my client? What is the common-sense reason behind these malicious attacks on our Marine? I immediately assigned my investigator, Austin Slate, to investigate the motivations of each of these alleged victims. During cross-examination, I successfully revealed the true motives behind each allegation. The board soon realized that these claims were built on unstable ground; their credibility crumbled with each question I asked, causing the accusations to lose their foundation.

The second pillar of a sexual assault or harassment defense is to identify weaknesses in the evidence and challenge the lack of supporting documentation. In this case, the NCIS conducted a highly biased investigation. Rather than seeking the truth, the NCIS investigators focused solely on supporting the alleged victim’s story, determined to undermine my client. This is precisely why we have our own in-house investigators at Capovilla & Williams; we do not trust NCIS to conduct a fair investigation.

Through our thorough examination of these allegations, we discovered that the accounts were inconsistent and did not add up. We also uncovered numerous gaps resulting from NCIS’s flawed and biased approach to uncovering the truth.

The final strategy in defending against sexual assault and harassment allegations is to challenge the credibility of the alleged victims. My team and I dedicated countless hours to investigating these individuals, examining their potential motives for fabrication, interviewing our own witnesses, and highlighting the numerous inconsistencies in their accounts. During cross-examination, I was able to capitalize on these inconsistencies. I focused on systematically dismantling their testimonies, demonstrating how each individual changed their story over time and suggesting that they may have even collaborated with one another.

THE VERDICT PROVES THAT THE TRUTH PREVAILS

This board lasted for two full days, during which the Marine Corps assigned a decorated O-5 prosecutor to challenge me and prove the case against my client. The Marine Corps mistakenly believed they could win this case by stacking the deck against my client. In fact, they pressured him to waive his right to a board, accept an Other Than Honorable discharge, and walk away quietly. Despite the overwhelming odds, this motivated my team and me to fight even harder.

After two days of intense litigation, which included presenting evidence, cross-examinations, and closing arguments, the board found the allegations against my client to be unfounded and retained him in the Marine Corps. I couldn’t help but tear up when they read the verdict. This case was very important to me, and we fundamentally believed that our client was a victim of false and vengeful allegations. Now, he has the opportunity to get his career back on track, serve the country he loves, and hopefully retire with full honors.

THE WINNING FORMULA

At Capovilla & Williams, we provide everything you need to fight back. Our team consists of nearly 35 dedicated employees who have devoted their lives to defending Marines around the world. We have six investigators, all of whom are former military special agents, and we go the extra mile to uncover the truth.

In this case, we were able to challenge the status quo, conduct our own investigation, and perform at a high level during the hearing. I truly believe that if this Marine had not found us, he would have been separated from service. We do not accept allegations at face value; we fight hard and are highly competitive. These are the key ingredients that lead to our success.

Dominic Giordano
Military Defense Attorney
Capovilla & Williams

-Semper Fi-