U.S. v. E-3
March 27, 2018
Fort Benning, Georgia
PFC is under investigation for over 6 months for sexual assault and abusive sexual contact. PFC’s command flags him, counsels him, and informs him that they will Court-Martial him for the above stated offenses. PFC hires Mr. Capovilla to represent him and to “get [him] out of the dark,” from the investigation. Shortly after being retained, Capovilla informs CID that the client revoked all consent to search or seize his phone or personal belongings. He files a preservation request requiring the military prosecutor to preserve possible exculpatory evidence. Mr. Capovilla meets with witnesses and uncovers the truth that the complaining witness had a boyfriend at the time of the assault and had lied about having consensual sex with the client to protect her reputation in the unit and her relationship. In light of these discoveries, the Government drops the case.
NO Court-Martial, NO Federal Conviction, NO Sex Offender Registration, and NO Separation Board. PFC is back at work and ready to PCS to his next duty station.