THE JOURNEY THAT SAVED A DECORATED AIR FORCE E-9 FROM FALSE ALLEGATIONS OF SEXUAL ASSAULT
I was on my way back from recording an episode of Military Justice Today when my phone rang. My assistant informed me that an Air Force E-9 was on the line, having just been charged with sexual assault.
After a lengthy and thorough consultation, the E-9 decided to hire Capovilla & Williams to represent him in an upcoming General Court-Martial. This E-9 was fighting for his freedom, retirement, and life.
We immediately assembled a dedicated team to handle his case, uncover the truth, and prepare for battle. Our client was facing multiple allegations of sexual assault from two different female airmen.
TRIAL PREPARATION AND A PEEK INTO THE CAPOVILLA & WILLIAMS LAB
At Capovilla & Williams, we stand out in the military justice field because we are a large firm with substantial resources. Our team consists of nearly 35 employees dedicated to military and veteran-related legal matters worldwide. For this case, we assigned Mr. Denny Richter as the lead investigator and Mr. Josh Conklin as my second chair attorney.
Together, we meticulously reviewed every line of evidence, collaborated closely with our client to understand his story, and listened to his perspective on the case. We then developed a specific and intentional plan of action.
Mr. Richter quickly focused on gathering information about the two accusers. He discovered that one accuser had recently been separated from the Air Force for lying to her superiors on multiple occasions, while the other accuser had recently retired and was likely planning to file for disability benefits as a sexual assault victim.
Together, as a team, we spent countless hours, days, and weeks preparing our defense, interviewing witnesses, and leaving no stone unturned.
WE STEP INTO THE ARENA WITH OUR CLIENT AND PREPARE FOR BATTLE
I still remember the first day of the trial. The accusers were surrounded by loved ones, victim advocates, government paralegals, and support personnel. My client had Capovilla & Williams by his side, which proved to be enough. I recall thinking that the tension in the courtroom was almost palpable. To this day, I can vividly remember the accuser’s boyfriend glaring at me as I stood up to give my opening statement.
Over the next five days, my team and I built a case highlighting the numerous inconsistencies in the accuser’s statements, the previous lies we were able to uncover, the delay in reporting, and the clear motives to fabricate claims.
Regarding the first accuser, she had been in a romantic relationship with my client for several months. We discovered text messages exchanged between them in the days and weeks following the alleged assault, which contradicted her allegations. During cross-examination, we used her background as a former victim advocate against her.
I distinctly remember cross-examining this accuser with those text messages and observing her become increasingly aggressive toward me when I confronted her with the evidence. I highlighted a message she sent to my client within 24 hours of the alleged incident, where she wrote, “Thank you, boo, for the gorgeous flowers. You always know how to flatter me,” or something to that effect.
In confronting the second accuser, I referenced her performance file as an Airman. She had been separated from the Air Force for repeatedly lying to her NCOs about trivial matters. The military judge correctly permitted me to challenge her credibility by addressing these lies. I then presented her with a series of questions designed to illustrate how outrageous, ridiculous, and absurd her allegations were.
THE VERDICT IS IN!
The mood in the courtroom shifted after the first few days. The initial tension gave way to a palpable sense of defeat among the prosecutors and the accusers. They felt powerless as my team and I systematically broke the case down piece by piece, and, slowly but surely, the truth began to prevail. The reality was that my client had been falsely accused, and I was more determined than ever to expose the lies, motives, and absurd stories surrounding the case.
After five days of trial, the judge retired to his chambers to decide whether the government had proved its case beyond a reasonable doubt. He took three to four hours to reach his verdict.
The bailiff came to retrieve my team and me with the news that the judge was ready to announce his decision. We walked into a packed courtroom, and the tension in the room returned.
I remember seeing the judge enter the courtroom, sit behind the bench, and look at me as he said, “The accused and defense counsel, please rise.” My heart was pounding in my chest.
“The court finds the accused not guilty of all charges!”
A pin could be heard dropping in that courtroom. For months, the prosecutors and the OSI had paraded about with confidence and arrogance. Now, in that moment, the truth prevailed, and the air was let out of the room.
My client, overwhelmed with emotion, collapsed over our table and sobbed. He grabbed my hand, pulled me close, and whispered, “Thank you, thank you.”
This is a moment I will never forget.
If you find yourself in a situation like my client’s all those years ago, remember that the darkest night leads to the brightest day.
That night, I returned to my hotel and prayed this verse to our Heavenly Father: “Do not gloat over me, my enemies. For though I fall, I will rise again. Though I sit in darkness, the Lord will be my light.” Micah 7:8 (NLT).
Do not lose hope. Do not lose faith. Stand tall, stay strong, and be decisive in choosing how you will fight back. There are better days ahead.
CONTACT US TODAY AND FIGHT BACK!
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We are ready, willing, and fully equipped to stand by your side. Keep your fire alive—call us today at 855-442-6271!
