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Consultation



Thomas,
I got your message. Checking email just before retiring for the evening. I absolutely remember you and our conversation. You asked what I think. I think you have a better than even chance of prevailing, based on what you've told me. You must understand that no attorney can guarantee a specific outcome from the military justice system. All I can do is offer you the maximum odds to prevail based on my training and experience. I'm sure you understand. You are welcome to research my background on my website, listed below. If you'd like an on-island reference from a former client, you can contact SSgt Robert Perez at 9th ESB (who may have recently deployed). You asked about my fees. For an Art 32 investigation, I charge $7500 plus expenses. Expenses include travel, local transportation and lodging. I travel overseas only via business class air fare. My goal would be to convince the Art 32 investigating officer to recommend dismissal of the rape charge and recommendation for NJP for the remaining minor charges.
Semper fi,
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
The Law Firm of Puckett & Faraj, PC
Washington DC - San Diego CA
www.puckettfaraj.com
888.970.0005


Quoting Thomas Gross <tommy.g.2@hotmail.com>:

Hello Sir,

I left a message on your cell phone. My name is Sgt Thomas B Gross and I spoke with you a few weeks ago at LSSS here in Okinawa. I was being questioned by NCIS regarding a rape allegation. As you advised, I envoked my rights. Since that time, I have heard several things from my direct command. I am an MP and used to work for CID. They have heard she was not cooperating with the investigation, then Family Advocacy got ahold of her and she elected to make a statement. Then, she allegedy recanted on that. Regardless, I know none of this means anything until the NCIS report comes out. Then it will be forwarded to my BN Commander who knows nothing about me. He will have a rape kit, her version and probably a witness or two she talked to the evening she went to the hospital. He will have nothing from me therefore, he will have no choice but to prefer charges for an Article 32. I was very intrigued by you when you told me you have never lost a case like this. For a quick run down...
I am completley innocent of this charge.  The point of issue is   
consent.  Apparently, she is contending she was to intoxicated to   
constent to sex.  I am telling you I know the law.  She was in   
complete control of her "faculties" when we engadged in sexual   
intercourse.  The story is simple...|It was in the evening on a   
Sunday night.  I had 5 freinds in my room and I was doing laundry.    
I was broke.  One of my friends, James gave one of the girls in my   
room, Julie, ten dollars to buy a 12 pack of beer.  The 12 pack was   
split between 4 of us.  We were watching movies in my room.  At one   
point, I left my room to check my laundry.  When walking down the   
hall, I saw the accusor comming the other way.  We had known each   
other for a few months.  We had flirted and so fourth but nothing   
more then that.  She was carrying something in her arms.  I asked   
hew what it was and she replied a bottle.  She then produced a   
bottle of vanilla vodka.  I asked her for a drink and she gave me   
some.  I said thanks and started heading to the laundry room and she  
 went to her room.  I returned back to my room and continued  
watching  movies with my friends.  Eventually, we ran out of beer.   
I knew she  still had the vodka in her room.  I knocked on her door.  
 She opened  it an invited me in.  I asked her for another pinch of  
her vodka and  she agreed.  She then offered me a beer from her  
fridge.  She had  Carona's.  I asked her if she wanted one and she  
replied yes.  I got  the beer out of her fridge, opened both and we  
began to dink them.   When I entered her room, she was on the  
internet, seemed absolutley  fine and we conversed as if we were  
both completley sober.  While I  was in there, I asker her if she  
was 20, the leagal drinking age on  Oki, and she smiled and replied  
yes.  I have also seen her at  several bars so I believed she was  
20.  So we started talking.   There was  some flirtation going on.   
She told me she knows women  throw themselves at me and stuff like  
that.  I told her I thought  she had a boyfriend and she said she  
broke up with him.  I asked why  and she said "because he was bad in  
bed".  At some point we agreed  we were going to watch a movie.  It  
was a scary moive, 1 last call.   She stated I had to stay because  
she would not watch it alone.  I  told her to hold on a minute, I  
grabbed another Carona out of her  firdge and left her room.  I went  
back to my room to tell my friends  I would be back in a little  
while.  Both of my friends, Julie and  Jen, asked me where I got the  
Carona as they knew we were out of  beer and I had no money to buy  
more.  I just told them a friend.  I  went back to her room,   
knocked on her door and she invited me in  again.
We were sitting on her bed continuing to make small talk.  She was   
wearing a white wife beater, black bra and little cotton shorts.    
She is very large chested.  She said something to me about not being  
 a girl who was going to throw herself at me and laid back across  
her  bed with a smile.  I then ASKED HER PERMISSION to kiss her.   
She  smiled and shook her head yes.  We began to kiss.  From that  
point  hands started moving and she said, "Your gonna talk arent  
you" and I  said no I would not, and she said again, "I know your  
gonna talk,  tell the truth" and I said I promise, I am not going to  
tell anyone.   She then reached down with her left hand and began  
pulling down her  shorts.  I used my left hand on the other side and  
assisted her.  We  began having sex missionary style.  She was  
moaning the entire time.   She then pushed me off from her and  
turned around so I could enter  her from behind.  We began having  
sex in that position.  After a  while, we stopped doing that and she  
laid on her bed on her back and  we went back to missionary style  
again.  She started saying things  like, "fuck that little pussy"   
"is that pussy tight baby" etc.   Then she asked me to "cum inside  
of her".  I immedatley stopped a  little stunned and asked her if  
she was on the pill.  She told me  "yes and it would be fine".  So I  
ejaculated inside of her and  pulled out.  She was on the bed with  
her wife beater still on and  that was all.  I got off the bed and  
was standing beside her.  She  was concerned because she had to get  
up in the morning at 0400 to  buff the decks.  I told her I would  
wake her up if she wanted and  she said no, her alarm was set.  I  
then put a blanket over her,  kissed her on the cheek and wispered,  
no regrets right, and she said  no, none.  At that point, she tried  
to pull me back on the bed for  what I assumed was a second go  
around.  I told her no, I could not  do it again. I said goodnight  
and left her room.

The next morning, I woke up around 0400 and was worried she might not get up to do the decks. So I went to her room, which is right across the hall from mine, and knocked on her door. The Duty yelled down the hall, "she is not there". By his tone, I knew something was wrong. I asked him where she was and he told me she had been with her SSgt all night. Being CID before, thats when I knew something was off. There are a couple other issues here. One, she is a LCPL and I a Sgt. Although she works for a completley different shop, its still an issue. Second, I violated a barracks order by being in a females room with the door closed. Third, I am 34 and she is 19. Thought she was 20. I am single, and normally the age differnce would not be an issue, but here I think it does not help me any.

Sometime later that night, she went to the hospital with a friend of hers. At some point the command was called and then a rape kit was preformed. Thats the whole story. I have also heard she told NCIS I provided the alcohol. I hope she did because I have 5 people who were in my room who will testify I had no alcohol to give her. I had a negative balance in my account at the time. My bank records will prove that. That will discredit her alot right there. Additionally, I know for a fact that at least one time she recanted. I think that helps me as well. This is a clear cut case of consent. At the end of the day, its my word against hers. What I told you in the above is what happened. But I know it will come down to who the jury believes. What is your opinion.
What do you charge?  I do not have alot of money and my family is   
very poor, but, I could start putting money together right now if I   
could afford you.  It will be several months before this thing   
progresses to the point where you would have to come here.  Just   
weighing my options.  I am willing to pay whatever necessary if I   
can possibly afford it as this is my life.  By the way, this may   
also help.  I am 34 years old, NEVER been investigated charged or   
anything else for anything like this before.  Was married for 5   
years and have a 9 year old daughter.  After that marriage, was   
engadged for 5 years and have 4 year old son.  My profile alone does  
 not fit a predator.  I can provide neumorus character witnesses of   
different ranks.  I can provide female character witnesses from   
right here on Okinawa that I have spent alot of time with and they   
will testify that I would never do something like this.  Not sure   
what elese to say.  I will wait for your response.  Thank you for   
your time.
Thomas Gross
_________________________________________________________________
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