Hawaii Case Results


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March 2016

Honolulu, Hawaii

Civilian – Marine Dependent

Charges: State Court Temporary Restraining Order (TRO) hearing

Our client was given a TRO after allegations were made that she was harassing a neighbor and the neighbor’s child. Bilecki & Tipon, LLLC was retained with the objective of getting the TRO dismissed.

Mr. Bilecki thoroughly investigated the case and was prepared to call over a half dozen witnesses at the hearing to dispute the numerous allegations made against our client. Prior to the hearing, a pre-trial conference was held and petitioner agreed to dismiss the TRO against our client without prejudice.

Result: Temporary Restraining Order (TRO) dismissed


March 2016

Honolulu, Hawaii

Civilian

Charges: State Court Temporary Restraining Order (TRO) hearing

Our client was given a TRO after a domestic altercation in which a fight broke out and the petitioner received a broken nose. Honolulu Police were called out and a TRO was issued against our client.

Bilecki & Tipon, LLLC was retained with the objective of having the TRO dismissed in court. After conducting a thorough investigation into the matter, Mr. Bilecki met with witnesses and after the meeting, petitioner agreed to dismiss the TRO against our client.

At the TRO hearing, petitioner followed through with his agreement and the TRO was dismissed without prejudice.

Result: Temporary Restraining Order (TRO) dismissed


February 2016

Marine Corps Base Hawaii, Kaneohe, Hawaii

Marine E-3

Charges: Solicitation of a Minor, Child Pornography, Drug Distribution

The case demonstrates that there are times when negotiating a winning pre-trial agreement is in a client’s best interest. Our client was a LCpl in the Marine Corps and met a girl online though a dating app. The girl was under 16 years old and the extensive chats between our client and the girl clearly confirmed that she was not hiding her age and the Marine was aware that she was a minor. However, no sexual intercourse occurred, only sexting and the exchanging of sexually explicit photographs and videos. The girl’s mother found the text messages from our client and informed NCIS, who conducted an investigation.

After being interrogated by NCIS, our client gave a full confession.

While pending trial, our client was then named and investigated as a major player in an Ecstasy distribution ring at Marine Corps Base Kaneohe Hawaii. After the subsequent investigation for drug distribution, the government added additional drug-related charges against our client.

Even up against an untenable set of facts and piling evidence against our client, Mr. Bilecki did not relent. Taking a hardline stance, he began negotiating with the government for a pre-trial agreement while always preparing to go to trial. Our client was facing well over 50 years in prison and the government wanted significant confinement time. After a tough and relentless negotiation, Mr. Bilecki worked a deal in which our client would plead guilty to various charges against him in exchange for a cap on his confinement of 12 months – which is almost unheard of given the charges.

At the sentencing hearing, the military judge sentenced our client to five (5) years confinement and a dishonorable discharge. With the pre-trial agreement in place, our client’s sentence was reduced to only 12 months, saving him nearly 4 years of prison time.

Result: Military Judge Sentenced Accused to 5 Years Confinement, Pre-Trial Agreement Reduced Confinement to 12 months.


January 2016

Schofield Barracks, Hawaii

Army E-5

Charges: SHARP, Sexual Assault, False Official Statement

Our client was charged with multiple specifications of sexual assault after his former girlfriend accused him of having sex with her while she was too intoxicated to consent.

In this case, our client was in a romantic relationship with another Soldier in his unit and broke up with her after a night of sex and drama after a Halloween party. After the breakup, the alleged victim became interested in our client’s friend, and would make sure our client was aware of her newfound interest.

In December, less than two months after the breakup, the alleged victim invited our client and his friend (the one she was interested in) to drink at her barracks room. Inside the barracks room, the Soldiers used their phones to make videos of each other throughout the night. These videos would become a key piece of evidence.

These videos depicted the so-called victim flirting with our client’s friend as well as with our client, instigating sexual conversation and plying the two male Soldiers with alcohol. Towards the end of the night, after flirting with the two male Soldiers, the alleged victim took our client’s and the other Soldier’s hand and placed it on her private areas and made several sexually charged statements to them. After this touching, the video was turned off and the alleged victim said, “it’s bath time.” The next video depicted the alleged victim naked in her bathtub with our client and his friend. They were acting, we can say, comfortable with each other.

After the bath, the video turned off and the three of them engaged in fully consensual sexual acts in her barracks room. The following morning, the group watched the videos and thought nothing of it. Later, the alleged victim made an allegation of sexual assault against our client, claiming that she was “blacked out” and was too intoxicated to consent. Interestingly enough, she never made an allegation against the other Soldier. She then used that allegation to get medically (honorably) discharged out of the Army and draw a sizeable paycheck for the “trauma” the incident caused her.

Our client was later called into CID on numerous occasions and after being lied to by the CID agents regarding a polygraph he took, they obtained a “confession” from him. After this bogus “confession” was taken, Bilecki & Tipon were retained to try the case.

Our office conducted a complete investigation and exposed during trial that the facts our client “confessed” to were not supported by the physical or forensic evidence in the case, that CID was able – by coercive interrogation tactics – to get out client to admit to things that simply never happened.

The B&T team brought on Dr. Kelly Goodness, one of the country’s leading forensic psychologists to consult with the defense team on the dynamics of a false confession and on the impact of alcohol on the memory and blackouts.

Mr. Bilecki tried the case and absolutely demolished the government’s case from jury selection to closing statement.

The jury deliberate for approximately 3 hours and fully acquitted our client.

Result: FULL ACQUITTAL – NOT GUILTY OF ALL CHARGES AND SEPCIFICATIONS


January 2016

Marine Corps Base Hawaii, Kaneohe, Hawaii

Marine E-6

Charges: Sexual Assault of a Minor

In a case tried and won by Mr. Noel Tipon, our client was charged with sexual assault of a minor after having sex with a girl he met on “Tinder”. This case shows with absolute certainty that you have to be extraordinarily careful with who you meet and hook up with on dating Apps.

Our Marine met the alleged victim using the App “Tinder” where she listed herself as an 18-year-old female who was interested in military men. The two exchanged information, went out with each other and had sex. While meeting up, the alleged victim did not disclose her real age to our client and dressed and acted in a manner more consistent with someone in her twenties than in her mid-teens.

After the alleged victim’s mother found out her daughter was hooking up with a US Marine, she became upset and contacted law enforcement. After the investigation, our client was charged and Bilecki & Tipon, LLLC were retained.

The case went to a jury trial and Noel Tipon absolutely crushed it, conducting a blistering multi-day cross-examination of the alleged victim, exposing that she intentionally misrepresented and lied about her age and that she had done this same thing with numerous other military men. The jury agreed that our client got duped and that he was the real victim in all of this.

The jury deliberated for less than six hours and fully acquitted our client.

Result: NOT GUILTY OF ALL CHARGES AND SPECIFICATIONS


January 2016

Schofield Barracks, Hawaii

Army E-4

Charges: Aggravated Assault with Intent to Inflict Grievous Bodily Harm

Our client was charged with assault with intent to inflict grievous bodily harm after several domestic disturbances between himself and his family members. The case was investigated by Army CID and other agencies who were able to document injuries to the alleged victim.

After charges were preferred, Mr. Bilecki negotiated a deal in which the government would dismiss all charges if our client would agree a Chapter 10 (administrative separation from the Army)

Results: All Charges Dismissed in Exchange for Administrative Separation Under Chapter 10.