U.S. v. E-5, United States Marine Corps
November 25, 2018
Marine Corps Recruiting Depot, San Diego, California
Marine Sergeant is accused of conspiracy, effecting unlawful enlistment, misprision of a serious offense, making false statements and other offenses. The case is preferred and then referred to a Special Court-Martial and Sergeant retains Mr. Nathan Freeburg to fight on his behalf. Shortly after Mr. Nathan Freeburg files its Notice of Representation, the client’s command makes multiple attempts to have the Client and Mr. Freeburg agree to a plea deal. Unlike a lot of detailed JAG defense counsel, Freeburg doesn’t bite. Instead, Freeburg advises his client to decline negotiations and take an aggressive posture. Client follows Freeburg’s advice. Mr. Freeburg then files five aggressive, lengthy motions to the Military Judge seeking to dismiss various charges. Freeburg and the client prepare for trial. Shortly before the Article 39(a) motions hearing is held, the Staff Judge Advocate and the client’s command dismiss the case rather than respond to the motions.
DISMISSAL of ALL Charges just before motions hearing. NO Federal Conviction, NO Confinement, NO Discharge.