Army Drill Sergeant Accused of Two Counts of Rape
Press Release: An Army drill sergeant with 13 years of service is being charged with two counts of rape, by two different accusers. The “rapes” allegedly happened in the drill sergeant’s office in July 2008. The two accusers claim to have been raped by this drill sergeant while filing papers in his office – together. One reported the incident over a month later and only after she was not allowed to march in the basic training graduation ceremony because she was wearing make-up. The other was contacted by the Army Criminal Investigation Division, (CID), when the first told them the second had sex with the drill sergeant after witnessing the first “rape.”
Military Justice
Once charged with rape in the military system, an Article 32 hearing is held to determine if the actions of the military member warrant further prosecution and trial under the military justice process. If the Article 32 hearing officer recommends a court-martial, the senior military officer usually orders a court-martial. A full trial, with all the rules of evidence, is then convened and scheduled. In the third week of June 2009, Mr. Neal Puckett represented the Army drill sergeant in an Article 32 Hearing where the government sought to minimize his right to a full preliminary hearing at Fort Jackson, SC.
Military Defense Attorney
The Army prosecutor came to the Article 32 Hearing claiming that four of the nine witnesses “could not be located.” This failure might have limited the ability of the military defense lawyer to bring into the courtroom the defense facts associated with the case and to challenge the government evidence. Mr. Puckett brought a motion to require the testimony of the other witnesses, and the Investigating Officer granted the motion by finding them himself and making sure they testified by telephone. Mr. Puckett effectively cross-examined all of the witnesses, including the lead CID agent to prove the investigation process was incomplete and biased in its analysis of the facts. The next step in the case will likely be a general court-martial of this veteran Army drill sergeant.
Military Court-Martial
The Law Firm of Puckett & Faraj, PC, fights hard to ensure that all of the rights of its clients are protected and effectively used to defend against charges based on shoddy investigations and overzealous prosecutors. We are confident now that the resulting general court-martial of this client will allow for full disclosure of the truth and reveal that he is innocent of the charges of rape.
Tags: court martial article 32 military law attorney defense lawyer Army Drill Sergeant Rape CID Investigation hearing, Puckett Faraj
