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U.S. v. O-2

August 25, 2017

Fort Benning, Georgia

Second Lieutenant is charged with forcible sodomy and assault of his live-in girlfriend. The complaining witness alleges that the 2LT came home from work and forces her to have anal sex with him. Complaining witness also alleged that the Second Lieutenant choked her during intercourse without permission. Through cross-examination, Mr. Capovilla revealed that the complaining witness had lied to the investigating police officer on at least six different occasions about the facts of the case. Further, during the same line of questioning, Capovilla was able to establish that the complaining witness and the client had a fight days before the alleged assault which supported the client’s position that the complaining witness was fabricating the story to get back at him. Mr. Capovilla called the investigating officer to the stand who testified that the complaining witness had lied to him about many different aspects of the case. Further, Capovilla was able to show that the complaining witness had made several similar false claims against other soldiers.

Case Result

NOT GUILTY of ALL Charges and Specifications, NO Federal Conviction, NO Confinement, NO Sex Offender Registration.

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