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US v. E-5

July 1, 2020

Fort Eustis, VA

SGT was accused of maltreatment via sexual harassment but a junior soldier in his platoon. The accuser claimed that the SGT had sent her nude photos of himself and made comments of a sexual nature to her. The SGT hired Mr. Capovilla after he was officially charged and facing a courts-martial. There were rumors in the unit that the accuser was pregnant by another NCO in company and that the accuser only came forward with her allegations after her boyfriend, this NCO, found out that she was interested in the SGT. The NCO and the accuser denied that they were involved in a romantic relationship and even claimed that they did not “really know each other.” Mr. Capovilla immediately recommended that the SGT hire a military investigator to the case who conducted dozens of hours of surveillance. The investigator determined that the accuse was living at the NCO’s house with her mother. During a motions hearing, Mr. Capovilla confronted the Accuser and her boyfriend NCO about their relationship and they again denied any relationship under oath. Mr. Capovilla then called the investigator who testified before the military judge and provided video recordings, photographs, and eyewitness evidence that the accuser and her boyfriend perjured themselves on the stand. Mr. Capovilla was also able to establish that the accuser deleted all the pictures and text messages she shared with his client.

Case Result

CASE DISMISSED! No courts-martial. NO conviction. Both the boyfriend and accuser are now under investigation for perjury!

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