Case Results

Navy E-1 confessed to setting five (5) fires on board a Naval warship. We secured a plea agreement that merged the five offenses into one charge and secured a sentence of 4 months of confinement, with no punitive discharge. Although our client was then looking at being discharged with an Other Than Honorable discharge certificate, he left the Navy with a General Discharge under Honorable Conditions.

A Navy E-5 contacted our firm after being charged with three offenses in Hampton: Annoying Ringing of a Telephone, a Class 3 misdemeanor; and Stalking and Profane Language over Public Airways, both Class 1 misdemeanors. The person who made the complaint against our client saved a voicemail left by our client, in which she apparently threatened bodily harm to the alleged victim, as well as text messages showing our client using profane language. The complaining witness wanted to pursue the charges and requested that the commonwealth’s attorney seek active jail time. However, after several discussions with the prosecutor, the prosecutor agreed to nolle prosse the Profane Language and Stalking charges, and reduce the Stalking charge to Trespassing and withhold entering a finding of guilty for 6 months. While this would ordinarily be a decent outcome, our client’s status and position in the Navy, as well as her TS-SCI security clearance, would have been negatively impacted by a deferral on a Class 1 misdemeanor. We went back to the prosecutor at the last minute she thereby agreed to NOLLE PROSSE both Class 1 misdemeanors, and DEFER the Annoying Ringing charge for a period of 6 months, after which it will be DISMISSED.

Greg McCormack was retained to represent Petty Officer Jonathan Keefe, one of three Navy SEALs who faced court-martial for alleged detainee abuse of the terrorist who has been identified as the mastermind behind the infamous Blackwater Bridge incident in 2004 where the bodies of 4 Blackwater security members were mutilated, and hung off a bridge in Iraq.

PO Keefe was charged with failing to safeguard the detainee after his capture by the SEALs, as well as false official statement when he denied to NCIS having any knowledge of the alleged detainee abuse. When the Government refused to produce the detainee at his client’s trial, Mr. McCormack moved the court to compel the Government to produce the detainee – the court granted the motion, but ordered the trial to be held in Baghdad. Prior to trial, Mr. McCormack moved to suppress the statement that his client made to NCIS (that he did not witness any abuse), because that statement was the basis of the false official statement charge – that motion was also granted, which resulted in the withdrawal of that charge.

Mr. McCormack then traveled to Baghdad, where he took his client’s case to trial by military judge alone – PO Keefe was found NOT GUILTY, not only saving the career of an outstanding Navy SEAL, but also helping to protect our military personnel against the ever present false claim of “detainee abuse” by the terrorists that are captured by our armed forces in our country’s battle against terrorism.

To read more about this story, purchase a copy of the new book recently released by author Patrick Robinson, “Honor & Betrayal: The Untold Story of the Navy Seal Who Capture the ‘Butcher of Fallujah’ – and the Shameful Ordeal They Later Endured.” Click to purchase your copy.

Navy Master Chief (E-9) with 23 years of service faced an Article 32 on four specifications of assault/battery on his wife (2 before marriage, 2 after marriage) as well as drunk and disorderly conduct. After the Article 32, the charges were referred to a Special Court-Martial. The evidence presented by the prosecution included a medical report noting multiple “contusions” as well as a recording approximately 10 mins in length of an argument between the accused and his wife, during which the wife testified that she was assaulted by her husband. At a trial with enlisted members, we quickly negated the medical records by getting the examining doctor to admit on cross-examination that other than the wife saying she hurt at the location of the reported contusions, there was no physical or medical evidence that in fact she had any injuries. As to the recording, which on its face was very damaging, we argued that the wife had effectively set up our client with the recording and that there was no physical assault. The prosecution also called the wife’s best friend, as well as her mother, but on cross-examination we were able to substantially undercut the testimony of both witnesses so that they actually helped out our case more than the government’s case. After about 5 hours of deliberation, the jury returned a verdict of NOT GUILTY on all charges.

O-6 Active Duty Physician recommended for Administrative Separation through “Board of Inquiry/Show Cause” procedures for poly-substance abuse (alcohol and prescription drugs); alcohol rehabilitation failure; Misconduct – Violation of UCMJ Art. 86: Unauthorized Absence for 3 days and Unauthorized Absence for 7 days; Art. 133: Conduct Unbecoming an Officer; and, Art. 134: Drunkenness; as well as Substandard Performance of Duty and Failure to comport with expected standards for an officer of that grade and experience. Case determined by panel composed of three Flag/General Officers with final recommendation for Retention in the Military.

Naval aviator faced a Show Cause Board of Inquiry and possible OTH characterization of discharge for charges related to an alcohol incident involving comments of a sexual nature toward a junior female officer, as well as racial overtones towards a senior officer. Our client was RETAINED by the board.