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       PRACTICE AREAS:Military LawFlying Evaluation BoardMedical MalpracticeExpungementLaw Office of Kenneth David, P.A. 2003 Apalachee Pkwy, Suite 202A Tallahassee, FL. 32301 Phone:(850)681-7222 Fax: (850)514-4400 |
Representative Cases (Note that the first seven cases deal with false allegations of sexual offenses – unfortunately, with sex offenses it seems as if you’re presumed guilty by the public so you definitely need an experienced litigator to ensure your defense is sound and believable. I have experience and can ensure you get that best possible defense.) E-6 Coast Guard Member Charged With False Statement, Watching a Rape, and Indecent Assault Client attended a party in Key West, Florida. At the end of the party, he was looking for a place to sleep. He stopped in the room of an extremely drunk girl. She asked him for a second Coast Guard member she had been flirting with all evening. He left the room, but the next day was surprised that she was accusing him of watching a third Coast Guard member rape her. He was also charged with a false official statement I got suppressed and an indecent assault charge I got the Coast Guard to drop. My client and a codefendant were tried at the same time. I showed the accuser’s memory was extremely faulty, the DNA evidence excluded both defendants, and it was possible the accuser could have placed my client in her room at a different time. The jury agreed and found my client NOT GUILTY of his remaining charge. **June 2008** E-5 Charged With Rape And 14 Counts Of Indecent Acts/ Liberties With A Child Client’s ex-wife claimed my client raped her multiple times while they were married and his two daughters testified that client had committed various indecent acts/liberties with them. We put on an aggressive defense at the Article 32 pretrial hearing and the court-martial showing: (1) that client told his ex-wife just 4 weeks before she made allegations of child sexual abuse that he was trying to get custody of his kids; (2) that ex-wife had coached the children, and (3) the ex-wife had previously reported a false allegation of child neglect against client. Client was ACQUITTED on all charges in a general court-martial. See http://www.militarycorruption.com/hurlbut4.htm. E-5 Accused Of Indecent Acts/ Liberties and Sodomy With His Minor Niece and False Official Statement Client’s 15 year old niece claimed my client committed indecent acts with him on several occasions. When he told the investigators he was innocent, the Air Force charged him with a false official statement. During cross-examination of the witnesses at the Article 32 investigation, I showed many inconsistencies in the niece’s story. Also, I discovered the niece had a history of lying about being a victim of indecent acts and admitted to lying in an affidavit. I advised my client to turn down any lesser punishment and call the government’s bluff. He followed my advice and the government backed down – all charges were dropped. E-4 Accused Of Indecent Exposure And Indecent Language Two female witnesses testified for the government that my client exposed himself to them on several occasions and used indecent language to them. During cross-examination of the witnesses, I showed they had a reason to lie about client and did not have a good record for telling the truth. Client was ACQUITTED on both charges in a general court-martial. E-7 Accused Of Adultery, Indecent Assault, Maltreatment, Asking For Sex For In Exchange For A Good Performance Report, Indecent Language; And Driving On Base While On Driving Revocation Client’s subordinate accused my client of having sexual relationship with her and other charges listed above. We got the maltreatment charge thrown out on a pretrial motion. I also showed the government witnesses were untruthful and the government’s evidence shaky. The jury ACQUITTED him of all offenses except driving on base while under revocation. He was sentenced to 10 days hard labor without confinement, reduced one grade and remained in the military. Airman Charged With Six Counts Of Indecent Language/ Assault/ Acts Client was accused was groping several women and using indecent language at the base airman’s club. The defense showed through cross-examination of the accusers that there was a real issue of misidentification. The jury returned with a finding of NOT GUILTY of all charges. NCO Charged With Indecent Acts With His 4 Year Old Daughter Before the pretrial investigation, the defense spent many hours reviewing all the evidence and finding evidence favorable to our client. At the pretrial investigation, the defense showed the investigator the government had a very weak case. We argued our client’s wife was merely trying to gain custody during the pending divorce. We also highlighted that statements from the child indicated our client was not guilty. The investigator agreed and recommended the case be dropped. The convening authority DROPPED the case. E-2 Charged With Carnal Knowledge Before mistake of fact of age was a defense, 18 year old client had consensual sex with 15 year old. He also confessed to investigators before he talked to his attorneys that he had consensual sex with the girl. Even though the government was charging him with carnal knowledge (civilian statutory rape), it was trying to prove that he raped her to get a much higher sentence. I spent considerable time showing the girl was a liar and got several of her “friends” to testify that she wasn’t an honest person. Although client had to plead guilty, he was sentenced to only a one stripe reduction and 30 days of confinement – no punitive discharge. E-3 Investigated for Manslaughter, Conspiracy to Commit Manslaughter, and False Official Statement Client was a real hero – he is the soldier who found out after the fact that members of his platoon raped and killed an Iraqi teen and killed her family. He then informed Army officials. After four soldiers were convicted and given sentences ranging from five to 110 years, two of the soldiers came up with a story that my client had participated in a cover up about an earlier shooting in which an Iraqi woman was killed at a checkpoint. An Army investigation had already ruled the shooting “accidental.” I wrote to the Secretary of the Army and got the Associated Press to write an article on my client. Although some colonel in the Army's Criminal Investigations Division unbelievably claimed there was "credible information" of my client’s guilt, we stood our ground until the Army discharged my client with a medical discharge – exactly what he wanted. O-1 Accused of False Claim Against the Government Young officer client accused of claiming furniture shipped to her at her first duty station was worth much more than it was. We showed client made a reasonable mistake since she didn’t ship the furniture. Jury agreed and found her NOT GUILTY of the charge. O-5 Accused of False Claim Against the Government Lt Colonel client accused of gross exaggeration of furniture repair to previously repaired furniture. Although about 25 pieces of furniture were initially suspected as falsely claimed, I showed at the Article 32 that there was no probable cause on 12 pieces of furniture. At the trial, the members found the client committed fraud on two of the remaining 13 pieces of furniture, but didn’t discharge him or give him any confinement. The client received only a reprimand and a small fine. E-6 Accused Of Theft, Attempted Theft, Forgery, And Impeding An Investigation Client was retirement eligible. His commander preferred charges against him for stealing various items including a Chihuahua dog out of someone’s home and for attempting to steal a cash box from a local department store. He was also charged with using someone else’s credit card and forging that person’s name on the credit card receipt. We prepared extensively before the Article 32 pretrial hearing. As a result, our cross-examination of key government witnesses showed the government had a “dog of a case”. Although the investigator recommended the case be referred to a general court-martial, he noted the many problems with the government’s case that the defense highlighted. The convening authority decided not to pursue the case and the commander instead gave our client a letter of reprimand and let him retire as an E-6. E-5 Tested Positive In Urinalysis Client tested positive for cocaine. He didn’t know how it could have happened but we showed the jury at the general court-martial that client had a stellar record. We got his supervisors to testify on his behalf. Jury found him NOT GUILTY. E-5 Tested Positive For Marijuana Our E-5 client was given an Article 15 after his urinalysis result came up at 30 times the limit for marijuana. We presented a full defense to the commander that the NCO’s brother regularly sprinkled his food with marijuana and served some to his NCO brother without his knowledge. The commander found our defense believable and threw out the Article 15. Airman Had Three Positive Urinalyses For Three Different Drugs Client tested positive on three different urinalyses for: 1). methamphetamine use, 2). methamphetamine use, and 3). methamphetamine, cocaine, & marijuana use. Before he spoke with an attorney, he confessed to his first sergeant that he knowingly used all the drugs. At trial, I argued a motion to suppress all three urinalyses. The judge granted the motion as to second and third urinalyses, which threw out four different charges. I then argued for a light sentence and our client only had to sit in jail for seven days until he was released. Airman Accused Of LSD Use Client was accused along with one other military member of using LSD. His case was scheduled for trial in a general court-martial. I showed the government that the accuser was untruthful about many facts and found two witnesses who said the alleged incident never happened. The government DROPPED the charge against my client just days before the court-martial. Airman Tested Positive For Cocaine Client tested positive for cocaine in a urinalysis. We showed that a test of our client’s hair came back negative. We also showed our client had an excellent record and argued reasonable doubt. The commander decided to DROP the court-martial. E-4 Accused Of Methamphetamine Use Three civilian females testified that my client used methamphetamine with them at a party. I showed the females all had different stories on several facts. Additionally, I showed that one of the females had previously perjured herself about another airman raping her. The jury at the general court-martial found him NOT GUILTY. Airman Accused Of AWOL And Disrespect To An NCO Our client was offered two Article 15s – one for AWOL and one for disrespect to an NCO. I negotiated with the commander about a proper disposition for my client and showed him why Article 15s were not the best route to take in this case. The commander agreed to withdraw the Article 15s and allowed my client to be discharged with an honorable discharge. Convening Authority On Appeal Threw Out Client’s Article 15 Client had lost a stripe and the squadron commander was planning to administratively discharge the client. I put together an effective appeal package for the convening authority who agreed that the charge was weak at best. He threw out the Article 15. Airman Given Article 15 For Drunk And Disorderly A female airman alleged my client was acting drunk and tried to kiss her. The commander offered my client an Article 15. I recommended to client to turn down the Article 15. I showed the commander there was no breathe or blood test to verify drunkenness and highlighted the client’s excellent record in the military. The commander agreed and withdrew the Article 15. Senior NCO Given Article 15 For Making Sexist Comments My client told three female airmen that women don't belong in the Air Force or the Security Forces career field. I researched the case law and regulations and showed the commander that the charge under arbitrary discrimination of a regulation was improper. I recommended my client turn down the Article 15. The commander decided to give my client a letter of reprimand. E-5 Sent To Admin Discharge Board After Admitting Marijuana Use Client tested positive for marijuana in a urinalysis. He was given an Article 15 and admitted using the marijuana to help ease the pain of his back injury. His commander reduced him from an E-6 to an E-5. At the discharge board, I showed his excellent record and the extenuating facts of the case. We showed he met the seven criteria to keep an NCO in the Air Force after drug use. The board agreed with me and voted to retain him. *March 2008* E-8 Reduced in Rank to E-7 by NY Air Guard After He Retired (BCMR) E-8 accepted an Article 15 for minor offenses and decided to retire from the NY Air Guard after they assured him he would retire as an E-8. Over a year after he retired as an E-8, the NY Air Guard informed him his retired pay was being reduced to E-7 pay and he would have to pay back the difference of pay between an E-7 and E-8 for the time he was retired. We took on the case and showed the BCMR that the NY Air Guard fraudulently misrepresented the facts about client’s retirement. The BCMR agreed and ordered that our client get the backpay the government had been taking from him when it reduced his retirement pay to that of an E-7. Client Accused of Kidnapping And Robbing A Bank With A Firearm Client had seven previous felony convictions and was facing a minimum of 20 years in prison. After the robbery, the police found my client hiding under clothes in a closet in his friend’s apartment. He also had money from he robbery in his pockets. His friend was identified as participating in the bank robbery. He confessed and identified my client as the other bank robber. I convinced the jury that my client’s friend was lying to protect his brother, the real second robber. My client was ACQUITTED of both charges. Client Charged With Attempted 2nd Degree Murder And Assault With A Firearm Based on state sentencing laws, my client was facing a minimum sentence of 25 years in state prison. During cross-examination of the state’s star witness, I got her to admit there was a struggle for the weapon and that the shooting could have been an accident. Jury came back with full ACQUITTAL. Client Charged With Burglary Of Business While Armed Because my client had several felony convictions in his past, state law provided that he would serve life in prison if found guilty. We showed the jury that the business owner was dealing in drugs and had a reason to lie against my client. The jury found him NOT GUILTY of that charge. Later, I argued a motion based on the doctrine of collateral estoppel for one more outstanding charge - possession of firearm by a convicted felon. The judge agreed with me and threw out the charge. Client Charged With Felony Possession of Marijuana with Intent to Distribute at a State Correctional Facility and Misdemeanor Possession of Marijuana Client’s family hired me after another attorney told them she couldn’t win in the county where client was charged. I immediately got my client released on bond and fully investigated the facts of the case. I determined we could win the felony case and presented the facts to the prosecutor. Although the judge wasn’t happy, the prosecutor agreed to drop the felony in exchange for a plea to misdemeanor possession of marijuana (to which my client had already confessed). The client didn’t have to serve another day in jail and went back to his family and child. Client Charged With Felony Battery Against His Girlfriend’s Husband The husband of my client’s girlfriend was upset my client was dating his estranged wife. The defense showed he husband started the fight and that his story about how my client fought him was not credible. We showed my client had a crippled left arm and that he couldn’t have done what the husband alleged. Client was found NOT GUILTY of the charge. Client Accused of Trafficking Cocaine From Miami, Running A Crack Lab, And Possession Of Cocaine And Possession Of Marijuana In a joint trial with a codefendant, I showed the jury there was no evidence my client was involved in trafficking or running a crack lab. The jury found my client NOT GUILTY of trafficking or running a crack lab. It did, however, find him guilty of possession of cocaine on one occasion and one misdemeanor marijuana charge. My client’s codefendant (who was defended by another attorney) was found guilty of all offenses and sentenced to 25 years in prison. Client Charged with Misdemeanor Battery Client was charged with misdemeanor battery on a nurse at a hospital. We presented evidence that any touching to the nurse was inadvertent and an accident. The jury came back with a hung verdict. The prosecution then DROPPED the case against my client. Client Accused of Domestic Battery My client’s girlfriend accused him of striking her. We went to trial for misdemeanor battery where the jury found the girlfriend was not credible after I cross-examined her. The jury then ACQUITTED our client. Burglary Of A Dwelling Client was accused of breaking into a house with a friend and stealing about a dozen large items like stereos, TVs, etc.. We proved that the eyewitness who identified my client may have been mistaken. Also, we had an alibi showing that the client was working on that day. The jury came back with a full ACQUITTAL. The Law Office of Kenneth David confidently represents current and former members of the United States Armed Forces and their families stationed throughout the country and overseas and civilian clients located in the Panhandle of Florida communities of Tallahassee, Quincy and Monticello. Welcome l Representative Cases l Attorney Profile l FAQs l Resource Links l Contact Us© 2008 Kenneth David Law. All rights reserved. Disclaimer. 2008- Website Diner |