Note the judge. It was a members case, but still it was the same judge. -----Original Message----- From: Home [mailto:HQMCITCenterHelpDesk@usmc.mil] Sent: Wednesday, October 27, 2010 0:30 To: Hur Capt Christian P Subject: Acquittal Alert - Frank, A.R. Home <https://ehqmc.usmc.mil/sites/cdc> Frank, A.R. has been added Modify my alert settings <https://ehqmc.usmc.mil/sites/cdc/_layouts/MySubs.aspx> | View Frank, A.R. <https://ehqmc.usmc.mil/sites/cdc//Lists/Acquittal%20Alert/DispForm.aspx?ID=66> | View Acquittal Alert <https://ehqmc.usmc.mil/sites/cdc/Lists/Acquittal%20Alert> Title: Frank, A.R. Rank: Cpl Convening Authority: BGen Laster SJA: LtCol Estes Trial Counsel(s): Capt Chris Booker Detailed Defense Counsel(s):: Capt Russell Shinn IMC: Civilian Counsel: Base: MCB Okinawa Type of Court-Martial: General Forum: Officer/Enlisted Members Name/Military Judge: LtCol David Jones Charges & Specifications: Art 92 x 2 specs (Sex in the barracks & Frat) Art 120 x 3 specs (aggravated sexual contact and 2 abusive sexual contacts) Art 125 x 1 spec (non-forcible sodomy) Synopsis of Case: Oh my, where to begin? The AV's statement began with a bang: "I woke up to find myself penetrating him." or words to that effect. The story got better from there - evidently this had happened twice - once on 26 Dec @ ~0400 and "the first time was... I don't know... 3-4 months prior." AV claimed he was *SO* intoxicated because he had drank 500-600ml of Crown Royal earlier in the evening at the bowling alley. He said he passed out and woke up with my client manually, orally, and anally stimulating his penis. No corroborating witnesses to the assault or AV's claim of washing sheets the next day or leaving my client's shoes outside his hatch following the sex assault. All the charges stemmed from the 26 December allegations. On 28 December, AV physically assaulted my client but was subsequently promoted because he made these allegations as a cover story. Best-Guess Reason for Acquittal: AV was not credible. Simply put, AV couldn't narrow down the first time his penis was in another man's anus to a 4 month window and his claimed intoxication @ ~0400 didn't match up to his witnessed behavior earlier in the night. My forensic toxicologist, LT Doug Searles, was amazing. Not only did he crunch the numbers, but he was a fantastic consultant throughout. He observed the government's witness testimony and helped point out inconsistencies and outright mistatements of science. Teaching Points: Walk the scene... walking the scene showed me all the steps that the AV would have had to climb - all without stumbling, falling, etc as he and other witnesses said in their NCIS statements. Pictures tell a story. Take pictures and use them in trial to help sell your side as more believable. The pictures of the huge set of stairs AV had to climb was influential. This was the first time I used PowerPoint slides to walk through both of my experts. They helped focus the testimony and walk the members through, using graphs, charts, and timelines. Don't be afraid to push the limits... we had a Daubert hearing re: effects of alcohol on erections. The actual science couldn't come in, but my psychiatrist was able to testify that "as BAC increases, it is increasingly difficult to achieve/maintain an erection because of alcohol's effect on the parasympathetic nervous system." Hard work pays off. Starting the case early and staying focused always works to your advantage. Members focus on appearance! Have your witnesses more squared away than the government's and you're already ahead of the credibility curve. Last but definitely not least - Never, never claim that you woke up with another man's penis in your anus, but not remember if it happened before/after the USMC Ball, Halloween, Thanksgiving, Labor Day, etc (All questions that I asked AV on cross). Other Comments: Last Modified 10/27/2010 3:26 AM by Shinn Capt Scott R
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