On 7 September 2017, Senator Gillibrand - citing data from 2015 involving 4 installations alleged that fewer sexual assault cases are going to trial resulting in fewer convictions. I'm not convinced her data is current. In July 2017, military juries convicted in 100% of the contested sexual assault trials. The lone acquittal was from a judge.
Military justice prosecutorial strategies and defense strategies have varied over the last two years. Currently, juries are trending towards convicting. Perhaps, there is a better case selection by prosecutors. It is unclear because the data and trends change every few months.
As for the July 2017 published Army court-martial results, here is our analysis. July is often Permanent Change of Station season. So the volume of trials is often smaller. That was the case this year.
I'm still seeing a trend involving a high percentage of guilty pleas. The percentage was slightly high in July, but that is probably attributable to more AWOL cases. Defense lawyers were definitely dealing in July. Senator Gillibrand's suggestion, however, that there were fewer convictions does not seem supported in the month of July. Juries and judges convicted at a high rate.
It is clear from the past that military defense counsel in the Army are trending towards electing judge alone trials in sexual assault cases. In July, the data reverted back to panel trials for 5 out of 6 sexual assault trials. The lone sexual assault acquittal was from a military judge.
One interesting note, an officer in Hawaii was convicted of false official statement and received no punishment. It's a rare occasion when a judge imposes no punishment.
Total Cases: 34
Sexual Assault - 5 (14%)
Child Sexual Offenses - 5 (14%)
Drug Offenses - 4 (11%)
Murder - 1
Guilty Plea - 26 (76%)
Judge Alone Trial - 2
Judge Alone Conviction - 1
Judge Alone Acquittal - 2
Jury Trial - 6
Jury Conviction - 5
Jury Acquittals - 1
GCM - 24
SCM - 10
1st Circuit - Northeastern and Middle Atlantic Army Bases
-Total Courts-Martial: 6
-GCMS: 5 (83%)
-Guilty Pleas: 5 (83%)
-Contested Cases: 1 (17%)
-Contested Bench Trial: 1 (100%)
-Jury Trials: 0
-Sexual Assault Cases: 1 (17%)
-Child Sexual Assault Cases: 1
6 Jul 17 - Ft Lee - GCM. Guilty plea to assault consummated by a battery. It appears that the original charge involved two specifications of Article 120 - sexual assault. The cap was 6 months.
12 Jul 17 - Ft Campbell - GCM. Judge alone contested trial. The judge convicted him of rape, sexual assault, and abusive sexual contact. He received a 12-month sentence.
18 Jul 17 - Ft Campbell - GCM. Guilty plea to AWOL and disobedience charges. The Soldier had an 8-month cap and also received a Bad Conduct Discharge.
19 Jul 17 - Ft Campbell - GCM. Guilty plea to child pornography charges and sexual abuse of a child. The Soldier had a 6-month cap with a Dishonorable discharge.
21 Jul 17 - Ft Campbell - GCM. Guilty plea to AWOL, drug charges, larceny, assault, and other charges. The Soldier had a 9-month cap and received a Dishonorable discharge.
31 Jul 17 - Ft Eustis - SCM. Guilty plea to drug and larceny charges. The Soldier had a 3-month cap and received a Bad Conduct Discharge.
2nd Circuit - Southeastern Army Bases
-Total Courts-Martial: 2
-Guilty Pleas: 1 (50%)
-Contested Cases: 1 (50%)
-Contested Bench Trial: 0
-Jury Trials: 1
-Sexual Assault Cases: 1 (50%)
14 Jul 17 - Ft Rucker - GCM. Enlisted jury trial. Jury convicted of sexual assault and confined the Soldier for 6 months with a Dishonorable Discharge.
27 Jul 17 - Ft Jackson - GCM. Guilty plea to wire fraud. He was sentenced to 1-year confinement and a Bad Conduct Discharge.
3rd Circuit - Midwestern Army Bases
-Total Courts-Martial: 9
-Guilty Pleas: 7 (77%)
-Contested Cases: 2 (22%)
-Contested Bench Trial: 0
-Jury Trials: 2
-Jury Convictions: 2
-Sexual Assault Cases: 2 (22%)
-Child Sexual Assault Cases: 3 (33%)
5 Jul 17 - Ft Hood - GCM. Guilty plea to assault consummated by battery under Article 128. The judge imposed 45 days confinement and reduction to E-1 with forfeiture of pay.
11 Jul 17 - Ft Hood - GCM. Officer jury trial for a staff sergeant. He was convicted of sexual assault of a child charges. He received a 51-year sentence and Dishonorable Discharge.
18 Jul 17 - Joint Base San Antonio - GCM. Guilty plea to attempted sexual abuse of a child. The judge imposed a 19-month sentence, but the cap was for 4 months.
20 Jul 17 - Ft Hood - GCM. Guilty plea to assault consummated by battery. It's unclear what the cap was. The Soldier received 6 months confinement and a Bad Conduct Discharge.
21 Jul 17 - Ft Hood - SCM. Guilty plea to false official statement and larceny. The Soldier was reduced to E-1 and received a Bad Conduct Discharge.
21 Jul 17 - Ft Hood - GCM. Guilty plea to AWOL, drug, and larceny charges. Mixed verdict. The judge imposed 38 months confinement and a Dishonorable Discharge.
24 Jul 17 - Ft Hood - SCM. Guilty plea to AWOL. 45 days confinement and a Bad Conduct Discharge.
27 Jul 17 - Ft Hood - GCM. Enlisted jury trial involving sexual assault and sexual abuse of a child charges. The jury convicted and imposed 5 years confinement and a Dishonorable Discharge.
27 Jul 17 - Ft Hood - SCM. Guilty plea to disobeying an officer. 75 days confinement and a reduction to E-1 imposed.
4th Circuit - Far West and Far East Army Bases
-Total Courts-Martial: 16
-Guilty Pleas: 13
-Contested Cases: 2
-Contested Bench Trial: 1
-Judge Alone Acquittals: 1
-Jury Trials: 2
-Jury Convictions: 2
-Sexual Assault Cases: 2
-Child Sexual Assault Cases: 1
-Drug Cases: 2
-SCMs: 6
7 Jul 17 - Ft Carson - GCM. Judge alone contested rape case. The judge acquitted the accused.
10 Jul 17 - Wheeler Army Airfield - GCM. Guilty plea to attempted to sexual abuse of a child. The Soldier had a 16-month cap and received a Dishonorable Discharge.
10 Jul 17 - Ft Lewis - GCM. Guilty plea to assault charges. The judge imposed 185 days confinement and a Bad Conduct Discharge.
12 Jul 17 - Ft Bliss - SCM. Guilty plea to false official statement and orders violations. The Soldier had a 60-day cap.
12 Jul 17 - Ft Wainwright - SCM. Officer panel convicted enlisted Soldier of a drug charge. Judge alone sentencing included a reprimand and reduction to E-1.
14 Jul 17 - Ft Carson - SCM. Guilty plea to desertion and AWOL. Soldier had a 90-day cap.
17 Jul 17 - Ft Carson - GCM. Guilty plea to orders violations. Judge imposed 30 days confinement and a reduction to E-1.
18 Jul 17 - Wheeler Army Air Field - GCM. An officer pleaded guilty to false official statements. The judge sentenced him to no punishment.
19 Jul 17 - Ft Irwin - SCM. Guilty plea to obstruction of justice. 3 months confinement and a Bad Conduct Discharge.
19 Jul 17 - Ft Carson - SCM. Guilty plea to conspiracy to commit desertion and other AWOL and drug charges. The cap was limited to 120 days and a Bad Conduct Discharge.
20 Jul 17 - Ft Lewis - GCM. An enlisted panel convicted a Soldier of sexual assault with a mixed verdict. They imposed 33 months confinement and a Dishonorable Discharge.
21 Jul 17 - Ft Bliss - SCM. Guilty plea to AWOL. Time served deal.
24 Jul 17 - Wheeler Army Airfield - GCM. Guilty plea to adultery and orders violations. Judge imposed a reprimand and reduction to E-6.
25 Jul 17 - Ft Wainwright - GCM. Guilty plea to adultery and false official statement. Cap was 90 days and a Bad Conduct Discharge.
27 Jul 17 - Ft Lewis - GCM. Guilty plea to aggravated assault. Judge imposed 27 months confinement and a Bad Conduct Discharge.
28 Jul 17 - Camp Foster - GCM. Guilty plea to orders violations and other charges. Judge imposed 30 days confinement and a Bad Conduct Discharge.
5th Circuit - Europe
-Total Courts-Martial: 1
-Contested Cases: 1
-Jury Trials: 1
-Jury Acquittal: 1
-Murder: 1
27 Jul 17 - Ansbach - GCM. A Soldier was acquitted of murder in a shaken baby case.
Military justice prosecutorial strategies and defense strategies have varied over the last two years. Currently, juries are trending towards convicting. Perhaps, there is a better case selection by prosecutors. It is unclear because the data and trends change every few months.
As for the July 2017 published Army court-martial results, here is our analysis. July is often Permanent Change of Station season. So the volume of trials is often smaller. That was the case this year.
I'm still seeing a trend involving a high percentage of guilty pleas. The percentage was slightly high in July, but that is probably attributable to more AWOL cases. Defense lawyers were definitely dealing in July. Senator Gillibrand's suggestion, however, that there were fewer convictions does not seem supported in the month of July. Juries and judges convicted at a high rate.
It is clear from the past that military defense counsel in the Army are trending towards electing judge alone trials in sexual assault cases. In July, the data reverted back to panel trials for 5 out of 6 sexual assault trials. The lone sexual assault acquittal was from a military judge.
One interesting note, an officer in Hawaii was convicted of false official statement and received no punishment. It's a rare occasion when a judge imposes no punishment.
Total Cases: 34
Sexual Assault - 5 (14%)
Child Sexual Offenses - 5 (14%)
Drug Offenses - 4 (11%)
Murder - 1
Guilty Plea - 26 (76%)
Judge Alone Trial - 2
Judge Alone Conviction - 1
Judge Alone Acquittal - 2
Jury Trial - 6
Jury Conviction - 5
Jury Acquittals - 1
GCM - 24
SCM - 10
1st Circuit - Northeastern and Middle Atlantic Army Bases
-Total Courts-Martial: 6
-GCMS: 5 (83%)
-Guilty Pleas: 5 (83%)
-Contested Cases: 1 (17%)
-Contested Bench Trial: 1 (100%)
-Jury Trials: 0
-Sexual Assault Cases: 1 (17%)
-Child Sexual Assault Cases: 1
6 Jul 17 - Ft Lee - GCM. Guilty plea to assault consummated by a battery. It appears that the original charge involved two specifications of Article 120 - sexual assault. The cap was 6 months.
12 Jul 17 - Ft Campbell - GCM. Judge alone contested trial. The judge convicted him of rape, sexual assault, and abusive sexual contact. He received a 12-month sentence.
18 Jul 17 - Ft Campbell - GCM. Guilty plea to AWOL and disobedience charges. The Soldier had an 8-month cap and also received a Bad Conduct Discharge.
19 Jul 17 - Ft Campbell - GCM. Guilty plea to child pornography charges and sexual abuse of a child. The Soldier had a 6-month cap with a Dishonorable discharge.
21 Jul 17 - Ft Campbell - GCM. Guilty plea to AWOL, drug charges, larceny, assault, and other charges. The Soldier had a 9-month cap and received a Dishonorable discharge.
31 Jul 17 - Ft Eustis - SCM. Guilty plea to drug and larceny charges. The Soldier had a 3-month cap and received a Bad Conduct Discharge.
2nd Circuit - Southeastern Army Bases
-Total Courts-Martial: 2
-Guilty Pleas: 1 (50%)
-Contested Cases: 1 (50%)
-Contested Bench Trial: 0
-Jury Trials: 1
-Sexual Assault Cases: 1 (50%)
14 Jul 17 - Ft Rucker - GCM. Enlisted jury trial. Jury convicted of sexual assault and confined the Soldier for 6 months with a Dishonorable Discharge.
27 Jul 17 - Ft Jackson - GCM. Guilty plea to wire fraud. He was sentenced to 1-year confinement and a Bad Conduct Discharge.
3rd Circuit - Midwestern Army Bases
-Total Courts-Martial: 9
-Guilty Pleas: 7 (77%)
-Contested Cases: 2 (22%)
-Contested Bench Trial: 0
-Jury Trials: 2
-Jury Convictions: 2
-Sexual Assault Cases: 2 (22%)
-Child Sexual Assault Cases: 3 (33%)
5 Jul 17 - Ft Hood - GCM. Guilty plea to assault consummated by battery under Article 128. The judge imposed 45 days confinement and reduction to E-1 with forfeiture of pay.
11 Jul 17 - Ft Hood - GCM. Officer jury trial for a staff sergeant. He was convicted of sexual assault of a child charges. He received a 51-year sentence and Dishonorable Discharge.
18 Jul 17 - Joint Base San Antonio - GCM. Guilty plea to attempted sexual abuse of a child. The judge imposed a 19-month sentence, but the cap was for 4 months.
20 Jul 17 - Ft Hood - GCM. Guilty plea to assault consummated by battery. It's unclear what the cap was. The Soldier received 6 months confinement and a Bad Conduct Discharge.
21 Jul 17 - Ft Hood - SCM. Guilty plea to false official statement and larceny. The Soldier was reduced to E-1 and received a Bad Conduct Discharge.
21 Jul 17 - Ft Hood - GCM. Guilty plea to AWOL, drug, and larceny charges. Mixed verdict. The judge imposed 38 months confinement and a Dishonorable Discharge.
24 Jul 17 - Ft Hood - SCM. Guilty plea to AWOL. 45 days confinement and a Bad Conduct Discharge.
27 Jul 17 - Ft Hood - GCM. Enlisted jury trial involving sexual assault and sexual abuse of a child charges. The jury convicted and imposed 5 years confinement and a Dishonorable Discharge.
27 Jul 17 - Ft Hood - SCM. Guilty plea to disobeying an officer. 75 days confinement and a reduction to E-1 imposed.
4th Circuit - Far West and Far East Army Bases
-Total Courts-Martial: 16
-Guilty Pleas: 13
-Contested Cases: 2
-Contested Bench Trial: 1
-Judge Alone Acquittals: 1
-Jury Trials: 2
-Jury Convictions: 2
-Sexual Assault Cases: 2
-Child Sexual Assault Cases: 1
-Drug Cases: 2
-SCMs: 6
7 Jul 17 - Ft Carson - GCM. Judge alone contested rape case. The judge acquitted the accused.
10 Jul 17 - Wheeler Army Airfield - GCM. Guilty plea to attempted to sexual abuse of a child. The Soldier had a 16-month cap and received a Dishonorable Discharge.
10 Jul 17 - Ft Lewis - GCM. Guilty plea to assault charges. The judge imposed 185 days confinement and a Bad Conduct Discharge.
12 Jul 17 - Ft Bliss - SCM. Guilty plea to false official statement and orders violations. The Soldier had a 60-day cap.
12 Jul 17 - Ft Wainwright - SCM. Officer panel convicted enlisted Soldier of a drug charge. Judge alone sentencing included a reprimand and reduction to E-1.
14 Jul 17 - Ft Carson - SCM. Guilty plea to desertion and AWOL. Soldier had a 90-day cap.
17 Jul 17 - Ft Carson - GCM. Guilty plea to orders violations. Judge imposed 30 days confinement and a reduction to E-1.
18 Jul 17 - Wheeler Army Air Field - GCM. An officer pleaded guilty to false official statements. The judge sentenced him to no punishment.
19 Jul 17 - Ft Irwin - SCM. Guilty plea to obstruction of justice. 3 months confinement and a Bad Conduct Discharge.
19 Jul 17 - Ft Carson - SCM. Guilty plea to conspiracy to commit desertion and other AWOL and drug charges. The cap was limited to 120 days and a Bad Conduct Discharge.
20 Jul 17 - Ft Lewis - GCM. An enlisted panel convicted a Soldier of sexual assault with a mixed verdict. They imposed 33 months confinement and a Dishonorable Discharge.
21 Jul 17 - Ft Bliss - SCM. Guilty plea to AWOL. Time served deal.
24 Jul 17 - Wheeler Army Airfield - GCM. Guilty plea to adultery and orders violations. Judge imposed a reprimand and reduction to E-6.
25 Jul 17 - Ft Wainwright - GCM. Guilty plea to adultery and false official statement. Cap was 90 days and a Bad Conduct Discharge.
27 Jul 17 - Ft Lewis - GCM. Guilty plea to aggravated assault. Judge imposed 27 months confinement and a Bad Conduct Discharge.
28 Jul 17 - Camp Foster - GCM. Guilty plea to orders violations and other charges. Judge imposed 30 days confinement and a Bad Conduct Discharge.
5th Circuit - Europe
-Total Courts-Martial: 1
-Contested Cases: 1
-Jury Trials: 1
-Jury Acquittal: 1
-Murder: 1
27 Jul 17 - Ansbach - GCM. A Soldier was acquitted of murder in a shaken baby case.