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U.S. v. E-5, United States Air Force

May 17, 2019

Nellis AFB, Las Vegas, NV

SSgt Airman is notified that he is under investigation for abusive sexual assault 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.

Case Result

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

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