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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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