U.S. v. E-7
Our client was an 18-year veteran of the United States Army, a husband, and a father. He was initially accused by a junior Soldier of grabbing her butt without her permission. Within a few months, 5 more complaining witnesses came forward and accused our client of similar offenses. After a motions hearing, the Government dismissed one specification and the judge ruled that there was insufficient evidence to use two of the other allegations as propensity evidence. Attorney Capovilla able to prove that at the time these other accusers alleged they were assaulted, our client was not in the same state and that according to his orders he was more than 300 miles away.
After 13 months of litigation, the Government was left with one accuser on the charge sheet and one accuser that they intended on using as propensity evidence. During trial, Attorney Capovilla was able to impeach the accuser’s credibility several different times and he called two witnesses to testify that the accuser was not an honest person. After 13 months of litigation, 5 accusers, several motions, and trial the E-7 was fully acquitted of all charges and finally went home to his family a free man.
Full Acquittal! No sex offender registration! No jail time! Retirement Preserved!