NAVY JUSTICE AT NAVAL AIR STATION JACKSONVILLE
Capovilla & Williams Wins Huge for Falsely Accused Sailor
My name is Daniel Higgins, and I am a partner at Capovilla & Williams. Our mission is to improve the lives of millions of service members and veterans across the country by providing top-quality, client-centered legal services. We are committed to supporting our veterans and active-duty service members during their most challenging times. Our CEO, Robert Capovilla, often says, “We’re a mission-driven company that exists to help those who serve our nation.” This article focuses on our efforts to assist a Junior Sailor in fighting false allegations and standing by his side as he fights for his life.
THE ALLEGATION IS SEXUAL ASSAULT AND THE FIGHT IS ON!
I remember the day we received a call from our client’s father. He was an emotional wreck on the phone, describing how his 21-year-old son was facing 30 years in prison, mandatory sex offender registration, and the possibility of his young life being over before he ever had a chance to truly live. Our client had joined the Navy, like many young men across the country, to see the world, serve his country, and lead a meaningful life. These dreams were jeopardized when he was falsely accused of sexually assaulting a female sailor.
The allegations were straightforward. Our client was charged with violating Article 120 of the Uniform Code of Military Justice for sexually assaulting the alleged victim while she was asleep and incapable of consenting. To secure a conviction, the government had to prove three primary elements beyond a reasonable doubt:
1. That our client committed a sexual act on the alleged victim, specifically vaginal penetration;
2. That our client engaged in sexual activity with her while she was asleep; and
3. That our client knew or should have known that she was asleep.
We quickly got to work, and it soon became evident that our client was not only the victim of false allegations but also of overzealous, disingenuous, and dishonest NCIS agents who prioritized a conviction over the truth.
THE PLAN OF ATTACK, EXECUTING OUR MISSION, AND FIGHTING BACK!
One of the primary reasons Capovilla & Williams is widely regarded as the best military defense firm in the nation is our mission, core values, and the size of our team. We have nearly 40 professionals dedicated to fighting for veterans and service members across the country. With the combined expertise of our investigators, paralegals, and attorneys, we have more than 300 years of military law experience. There is no other law firm in America, as far as we know, that can match our resources. This is crucial when facing allegations of sexual assault, as the Army, Navy, Marine Corps, or Air Force will assemble an entire team with a single goal: to convict you.
As soon as we took on the case, we assigned Mr. Denny Richter, one of our most skilled investigators, to ensure we approached it with the utmost diligence. Denny and our incredible team quickly identified the significance of the alleged victim’s phone records. Through our investigation, we discovered she made calls to a married male Sailor throughout the night of the incident. Even more importantly, these calls were made while she was reportedly asleep, raising serious questions about the credibility of her allegations. We smelled blood in the water, but we had a problem to solve first.
OVERCOMING A FALSE CONFESSION
What I am about to write may seem like an exaggeration or even like a story from a 1970s crime movie about corrupt cops. However, this is exactly how it happened, and if I’m lying, I’m dying.
Before we were hired, our client made a statement to NCIS. From his perspective, he had nothing to hide and nothing to be ashamed of. At first, the NCIS special agents were nice, kind, and joking with our client. They wanted him to feel safe and comfortable. Then, after about 30 minutes, they started to ramp up the pressure. They had three highly trained special agents interrogating a single junior sailor who was barely old enough to drink. Despite this pressure, our client stood firm, unequivocally denying the allegations over and over again with strength and confidence.
The NCIS agents grew frustrated that this young sailor was able to resist their attempts to coerce him into a false confession. So, what did they do? They resorted to underhanded tactics. They told our client that they had a video recording of him getting on top of the accuser while she slept and sexually assaulting her. Our client began to sob, put his head in his hands, and exclaimed, “Oh my God, maybe I was more drunk than I thought,” or words to that effect.
NCIS ended the interrogation believing they had secured a confession. There are two crucial points to remember here: (1) there was no video; they lied to our client to obtain a false confession, and (2) they now had to face Capovilla & Williams instead of a scared, overwhelmed 21-year-old sailor. Robert Capovilla, our CEO, volunteered to cross-examine this corrupt group of special agents.
CROSS-EXAMINING THE ACCUSER AND ATTACKING HER STORY
After the panel was selected and opening statements were delivered by both sides, the military prosecutors called the accuser to the stand. She testified that our client had sexually assaulted her while she slept, claiming that she woke up with him on top of her and immediately pushed him off. During cross-examination, we systematically built a case showing that the accuser had flirted with our client throughout the night, went out to dinner with him, drank with him, and willingly returned to his hotel room.
We established, through a series of cross-examinations, that she changed her story over time, made inconsistent statements, and even expressed interest in VA disability benefits as an alleged victim of sexual assault. After these initial challenges, we experienced a significant breakthrough. We retrieved the accuser’s phone records and cross-examined her regarding the times of the calls she made. The evidence became clear: at the same time she claimed to be asleep, she had also called the same married sailor 4 to 5 times, engaged in conversations with him, and even texted him. I remember seeing the Master Chief Petty Officer in the back of the panel box looking at her with real suspicion in his eyes at this point.
EXPOSING NCIS AS CORRUPT, BIAS, AND UNTRUTHFUL
After the Accuser’s testimony, the military prosecutors called the lead NCIS Agent to the stand to introduce the supposed confession made by our client. During direct examination, this special agent was cool, calm, and incredibly overconfident. He testified that through advanced interrogation tactics, after hours of lies, our client finally confessed that he may have been more drunk than he remembered and could have committed the crime without remembering it. They then played that portion of the interview and the Government’s arrogance was at an all-time high.
That’s when Robert Capovilla stood up to cross-examine the special agent. Without notes or a script, he looked the agent in the eye and began one of the most memorable cross-examinations I have ever witnessed. Robert methodically broke down the agent, questioning his slimy tactics, bias, and attempts by NCIS to undermine the will of a 21-year-old sailor. The agent went from confident, even arrogant, to completely defensive, and sweat began pouring down his face.
Finally, Robert posed this question to the agent: “So, we can both agree, you used your power, experience, and training to obtain a false confession, correct?”
The answer stunned everyone: “Yes, that’s right.”
THE VERDICT IS IN AND OUR CLIENT GOES HOME A FREE MAN
The panel deliberated for at least three hours while Rob and I waited anxiously for the verdict. With each passing minute, our nerves grew stronger. Finally, the bailiff approached us and announced that the panel was ready to deliver their findings.
We entered the courtroom, which was filled to capacity. The Accuser was present, accompanied by her support team, which included prosecutors, victim counsel, victim paralegals, and her family. My client embraced his mother and father before taking a seat next to us at the counsel table.
The Judge entered: “All rise!”
“Has the panel reached a verdict, Mr. President?” the Judge asked.
“Yes, Ma’am, we have,” he replied.
“Please announce the verdict.”
“We, the panel, find the Accused in this case NOT GUILTY of ALL CHARGES!”
THE KEY TAKEAWAYS
I remember this trial, along with our client and his family, to this day. I can still feel the emotion when Rob tore apart that special agent on the stand, and I will never forget seeing our client burst into tears as he hugged his father after the verdict was announced. I even recall our client’s mother grabbing me in a tight embrace, making it hard for me to breathe.
Here are the key takeaways from this case that I want to share:
1. Take Action: Do not sit back and hope for the best. If you are accused of sexual assault in the military, do everything you can to hire the best attorneys available.
2. Understand the System: The system does not always work in your favor, and I truly believe that Fort Leavenworth is filled with young men who were wrongly convicted. Therefore, your attorneys must diligently investigate every detail, interview every witness, and execute their strategy almost to perfection.
3. Avoid Talking to Law Enforcement: DO NOT speak to law enforcement. You cannot help yourself by doing this. I emphasize again: do not talk to law enforcement. It’s that simple.
THE CAPOVILLA & WILLIAMS WINNING PHILOSOPHY
At Capovilla & Williams, we ensure our Sailors 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!
