Private First Class (E-3), U.S. Army Forces Korea avoids Confinement and Registry
The family of a Private First Class (E-3) U.S. Army, stationed in Korea, retained the services of Matthew G. Jubelt, Attorney & Counselor at Law when their son faced the prospect of decades of confinement stemming from multiple allegations of sexual assault, destruction of private property, domestic violence, communication of a threat and underage drinking.
Before being retained, the prosecution refused to negotiate to any plea agreement other than one that would result in our client's lengthy confinement and sex offender registry. Once retained, Mr. Jubelt acquired the Government's evidence against our client and identified several evidentiary violations of the Jenks Act. The Jenks Act is codified at Title 18 of the United States Code, Section 3500.
The Jencks Act governs the production of statements and reports of prosecution witnesses during federal criminal trials. The Act provides that in any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a government witness or prospective government witness (other than the defendant) shall be the subject of a subpoena, discovery or inspection until the witness is called by the United States to testify on direct examination. After direct examination of the Government's Witness, the court must, on motion of the defendant, order the United States to produce any statement of the witness in the possession of the government. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use. If the government does not deliver a witness's Jencks statement to the defendant, the court may strike the witness's testimony or declare a mistrial.
In particular, Mr. Jubelt identified that the criminal investigators at Army CID, at one time possessed statements from the Government's key witness and then destroyed those statements before they could be provided to the Defense. After identifying the application of the Jenks Act to the Government's key witnesses, Mr. Jubelt filed motions in advance of trial to alert the Court to deficiencies of the Government's case and to further request the preclusion of any testimony from the Government's primary witness at trial. The Court granted the Defense's motion and the Government's key witness was precluded from testifying.
After successfully protecting our client's right to a fair trial and demanding the Government's adherence to those protections afforded to our client under the Jenks Act, Mr. Jubelt was able to secure favorable plea negotiations for our client only to those petty offenses of property damage and underage drinking, but while maintaining our client's innocence to those more serious charges of sexual assault to which he was not guilty. As a result, the Prosecution capitulated and our client received the benefit of a favorable plea agreement that ensured his timely release from confinement and reunification with his family in the United States.
If you or a loved one are facing serious charges, contact our firm today for a free consultation so that we may get to work for you, your family member, or your loved one.