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UCMJ/Criminal Case Results

The following case results are provided to show areas in which Kyle has criminal defense experience.  The final result in a case depends on myriad of factors including, but not limited to, the strengh of the Government’s evidence, client’s evidence, client’s demeanor, the chain of command, the military judge, the military panel, etc.  All cases are different based on these factors and, therefore, are completely unreliable in determining the result of any future case where Kyle is acting counsel.  No attorney can or should guarantee you a result, as it would be a violation of the Rules for Professional Responsibility to do so.

Courts Martial

2005–NCO with over 10 years of service was charged with Assault, Illegally storing 30 unregistered weapons in barracks, adultery, and larceny was facing over 10 years in prison.   When Kyle got the case, the NCO’s TDS attorney was advising him to request separation with an Other than Honorable discharge in lieu of court martial, and he refused because he wanted to stay in the military and retire.  Kyle drafted an aggressive 30-page motion to dismiss for unlawful command influence, which reflected poorly on the SJA’s office, as well as the Convening Authority.  Three days after filing the motion, the General Court Martial was dismissed and the NCO received a Field Grade Article 15 for the weapons charges, where Kyle represented the NCO in front of his Brigade Commander.  The NCO kept his rank and only forfeited a half-month’s pay for two months.  The Article 15 was filed in his restricted fiche.

2006–Lieutenant charged with Conduct Unbecoming an Officer, Obstruction of Justice, and various multiplicious charges involving importing an automatic machine gun.  Kyle uncovered evidence of an ex parte communicationbetween the trial counsel and Article 32 officer and was granted a new Article 32, after which the government dismissed the charges involving the machine gun, but pursued the conduct unbecoming and obstruction charges.   The LT was acquitted of all the remaining charges.  The Ft. Benning SJA’s office was so upset with the verdict that the Chief of Military Justice appointed himself as a Special Assistant to the US Attorney and had the LT prosecuted at the US District Court in downtown Columbus on the dismissed weapons charges.  Kyle met with the Officer’s civilian criminal defense attorney on the Federal case during his spare time, and the attorney got the LT a full acquittal, as well.  This case is a perfect example of the lengths the Government will go to ruin a Soldier’s life and career.

2006–Retirement eligible Junior Enlisted Soldier charged with Assault with attempt to Commit Rape, indecent assault, adultery, False Official Statement,  disobeying a lawful order, 2 DUI’s, and fleeing apprehension.  Kyle argued two successful motions to dismiss the False Official Statement and disobeying lawful order charges.  Soldier was acquitted of the rape and indecent assault charges.   After facing over 40 years in prison, a dishonorable discharge, and loss of his retirement, he was convicted of the DUI’s and fleeing apprehension and sentenced to 120 days confinement, reduction to E-3.  Soldier retired from the Army.

2006–NCO accused of raping another soldier in Afghanistan was facing life in prison.  Court martial was dismissed after the Article 32 hearing where the credibility of the “victim” was attacked.

2006–Junior enlisted Ranger accused of raping a local Columbus girl was facing life in prison.  Court martial was dismissed at the Article 32 hearing after Kyle diminished the credibility of the “victim” through an aggressive cross examination and investigation.

2006–NCO accused of raping another soldier at Guantanamo Bay was facing life in prison.  Court martial was dismissed at the Article 32 hearing after Kyle diminished the credibility of the “victim” through an aggressive cross examination and investigation.

2006–NCO MP was facing charges of assault with a deadly firearm, willful discharge of a firearm, communicating a threat, and unlawfully using the “n” word (client and victim were both African American).   MP was acquitted of all charges.  The Ft. Benning SJA’s office filed a vindictive bar complaint against Kyle where he defended himself, and was cleared by the Florida bar in a letter that referred to him as being a “zealous advocate.”

2006–Senior NCO was facing over 20 years in jail for manslaughter of trainee.  After Kyle presented the NCO’s case, the military judge dismissed the manslaughter charge, but NCO was convicted of negligent dereliction of duty.  Sentence:  Forfeiture of $1,000 per month for 3 months and a reprimand.  NCO kept his rank and will retire.

2005–Junior enlisted Soldier was charged with two false official statements, larceny and forgery of a Muscogee County Superior Court Judge’s signature.  Capitalizing off of the Trial Counsel’s lack of investigation, Kyle showed that the soldier was not guilty of the forgery and two false official statements.  Soldier was convicted of the larceny charge and was sentenced to 150 days in jail, but no discharge.  The soldier was injured while in Iraq, needed VA Benefits, and needed an honorable discharge, which he ultimately received.

2005–HIV positive NCO charged with Carnal Knowledge, Aggravated Assault, Indecent Acts, and Sodomy with a female under age of 16 was facing life in prison.  Was sentenced to a Dishonorable Discharge, Confinement for 22 years, Reduction to E-1,Total Forfeitures of all pay and allowances.  Aggressively negotiated a pretrial agreement of only 6 years in jail, which ultimately took 16 years off his sentence.

2005–Senior NCO close to retirement was charged with Insubordinate Conduct and Disrespect after he refused to take a summary court martial because he knew he would lose a stripe.  He was convicted, but he kept his rank and received field grade Article 15 forfeiture.

2008–Officer was being investigated for fraud and accepting over $100,000.00 in stolen money from Iraq.  Kyle advocated on client’s behalf with Federal Prosecutor, as well as the Officer’s chain of command, and the investigation was dropped. Result: No charges filed.

2009–Junior enlisted Soldier who was set to be medically discharged faced General Court Martial and 20 years of prison for larceny and filing false claims.  Soldier wanted to be retained in the Army, so she could receive disability benefits.  Ultimately, Soldier was convicted despite an aggressive cross examination of the key Government witness, but the Soldier was retained by the panel and is receiving VA benefits.

2009–Soldier accused of rape by female in unit retained Kyle immediately. Kyle conducted his own investigation and advocated on behalf of Soldier with the local authorities, as well as CID. Result: No charges filed by the local authorities or the Soldier’s Chain of Command.

2009–Officer retained Kyle the day before his General Court Martial where he was accused of a two-month AWOL and Larceny and was set to plead guilty where he would be convicted of a felony and could have faced four months in jail pursuant to a plea agreement. Kyle successfully litigated a motion for a new Article 32 hearing and personally met with the Soldier’s chain of command where he advocated for a resignation in lieu of court martial for the Soldier. Result: No felony conviction, no jail time, no punitive discharge, no forfeiture of pay.

September 2010–Engineer retained Kyle after his TDS attorney advised him to submit a Chapter 10 separation request in lieu of court martial where he would receive an Other than Honorable Discharge.  Client was charged with larceny and conspiracy to commit larceny of 13 leather sofas from MWR that were being thrown away, and he refused the Government’s “deal.”  The first three Government witnesses gave sworn statements to CID that were favorable to Client eight months before the court martial.  At court martial, the witnesses’ testimony completely changed to that which was unfavorable to Client, which the Government presented without shame.  Then, Kyle caught the CID agent in a bald-face lie where he denied sending the Prosecutor an e-mail saying the case shouldn’t be prosecuted; unfortunately for the agent, Kyle had the e-mail.  After the Prosecutor and CID agent argued or insinuated that (1) Kyle failed to give her notice of the e-mail that was sent to her, (2) she did not know if the e-mail was genuine, and (3) Kyle illegally obtained the e-mail, Kyle was permitted to read the e-mail to the CID agent and ask him if he sent it to the prosecutor.  The CID agent had no other choice but to confess his lie by admitting that he sent the e-mail in front of the panel.  Result: The panel acquitted Client of both charges.  This case is another perfect example of the lengths the Government will go to in order to convict a Soldier at Court Martial, as almost every JAG trial counsel (even a former trial counsel dressed in civilian clothes) assigned to the installation’s JAG office sat in the gallery, assisted the two prosecutors trying the case, and witnessed the first four Government witnesses get caught in their lies.  If you do not trust the advice of your TDS Counsel, then call Kyle Fischer immediately and he will provide you with a free consultation.  While Kyle cannot give an opinion regarding the quality of his services in comparison to another attorney’s services, he will tell you what he would do in your case that might differ in than your TDS attorney’s efforts.

November 2010–Government dismissed charges of sexual battery against NCO after NCO was arraigned at a General Court Martial.  Before a motions hearing, Kyle interviewed alleged victim who recanted story and accused the Special Victims Prosecutor of attempting to force her to lie and calling the NCO numerous derogatory names.   SVP requested a continuance in the court-martial and informed the military judge, “I have learned that Mr. Fischer is pursuing evidence in order to impugn my integrity.”  Result: after the military judge granted the delay, the Government dismissed the charges.  No conviction, no sex offender registration.

January 2012–Enlisted client accused of savagely beating former Soldier and his female friend in downtown Columbus, Georgia received full acquittal.    Kyle Fischer showed the military panel what really happened to the alleged “victims” by severly impeaching their credibility during cross examination.  This case involved a text book example of self-defense, despite what the media portrayed.  Read about it here:

http://www.ledger-enquirer.com/2012/01/27/1910629/jury-deliberating-fate-of-pvt.html

Kyle advocated his client’s innocence to the District Attorney, and a Muscogee County grand jury dismissed the charges about a month later:

http://www.ledger-enquirer.com/2012/03/08/1963966/grand-jury-refuses-to-indict-soldiers.html

March 2012–NCO facing fifteen specifications amounting to a maximum of 75 years in jail at a General Court Martial retained Kyle.  After receiving the Defense’s witness llst requesting over 30 witnesses for the Article 32, the General Court Martial was reduced to a Field Grade Article 15 hearing where Kyle represented the NCO.  Result:  NCO was found guilty of one charge but will be given a rehabilitative transfer and be allowed to finish his contract.  This case is an example of showing the Government that the Defense intends to fight from the beginning, which means putting on a case at the Article 32.  If your TDS attorney tells you that he or she does not intend to put on any witnesses, then call Kyle Fischer for a free consultation at 706-660-5540

April 2012–NCO was accused of sexual assault by a fellow NCO where she alleged she went to his house and was sexually assaulted by him.  NCO maintained that the accuser had never been to his house.  Many of the allegations turned out to be contradicted by the evidence, indicating that the accuser was lying.  She was unable to describe his house, the couch on which she was alleged assaulted, the entertainment system where she was allegedly watching TV, etc.  Law enforcement failed to conduct ANY investigation into the truthfulness of the accuser’s statements.  When Kyle pressed the CID agent on her failure to check for evidence that corroborated the accuser’s story, the Special Victim’s Prosecutor used the excuse that the CID agent wouldn’t investigate the accuser because it would “victimize the victim.”  After the Article 32 investigating officer wrote a 6 page memorandum explaining why the charges should be dismissed, the General Court Martial Convening Authority dismissed the charges.  Result: No conviction, no sex offender registration.  When someone reads you your rights under Article 31 regarding a sexual assault allegation, you should refuse to answer any questions and demand to speak to an attorney.  This advice is even more important if you are innocent as Kyle’s client was in this case.

August 2012—An NCO stationed near Washington DC was accused of sexual assault and was facing an administrative separation.  The accuser denied any previous sexual relationship with the NCO.  Before the board convened, Kyle exposed the accuser as a liar by presenting damaging evidence of a previous and post-allegation relationship to the Trial Counsel who did the right thing and dismissed the allegations and the separation board due to the accuser’s lack of credibility.  Result: NCO continues to serve his Country.

 

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