Case Results - John Calcagni Successfully Defends Soldier in Afghanistan Rape Case

Soldier in Afghanistan Not Guilty of Rape after Trial

Attorney John L. Calcagni III represented a U.S. Soldier stationed in Afghanistan charged with forcefully raping a fellow service member. After trial by general court-martial, a military panel found the accused Soldier NOT GUILTY of the charged sex offense.

The U.S. Soldier, an Army Staff Sergeant, deployed to Afghanistan last spring for his second tour. He previously deployed there for a period of one year several months prior to his current deployment. The Soldier was a Personal Security Officer (PSO) for a General Officer. He was assigned to a small unit known as a Personal Security Detachment (PSD), which provides personal security or body guard services to high ranking officers. While stationed in Kabul, Afghanistan, the Staff Sergeant shared a relationship with a female, junior enlisted Soldier. Though the two had no direct duty or supervisory relationship, they belonged to the same PSD. Their relationship began as one of mentor and mentee. It then progressed to a friendship and then ultimately to intimacy. Their intimate relationship involved almost daily encounters for several weeks

Approximately one week after the couple's last sexual encounter, the female Soldier reported to her chain of command that she was sexually assaulted by the Staff Sergeant. Thereafter, she cooperated with military law enforcement such as the U.S. Army Criminal Investigation Division (CID), and military prosecutors, which facilitated criminal charges against the Staff Sergeant.

Continue reading John Calcagni's excellent defense strategy and the outcome here:

Afghanistan Rape Court Martial Result

----------------------------------------------------------------------------------------

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Over 10% of Mlitary’s Investigations into Sexual Assault Cases may be Flawed

Pentagon special inspector has found that more than 10% of the military’s investigations into sexual assault cases are flawed. The Pentagon report went on to say that the military’s investigative agencies need to improve their techniques for processing crime scenes and collecting evidence.

The report reviewed a sampling of 501 cases of sexual assault in the military and found 56 were deficient for a variety of reasons, including failure to collect key evidence or poor interview techniques. Of the returned cases, the services agreed to reopen 31 cases.

To read more about the flawed investigations of military sexual assault cases, click on the following link:

http://www.usatoday.com/story/nation/2013/07/15/pentagon-military-sexual-assault/2519187/

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.

----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Armed Services Committee Endorses Two-Year Mandatory Minimum Sentencing for Military Members Convicted of Sexual Assault.

In response to the recent epidemic of sexual assault cases in the U.S. Military, the U.S. House of Representatives has endorsed a two-year mandatory minimum sentencing law for military members who have been convicted of sexual assault by a military court.

The House Armed Services Committee also recently approved provisions in a Defense bill that included stripping military commanders of the power to overturn convictions in rape and sexual assault cases. The panel also voted to require anyone found guilty of a sex-related crime receive a punishment that includes a dismissal from military service or a dishonorable discharge.

To read more about the proposed two-year mandatory minimum sentencing for military members convicted of sexual assault, click on the following link:

http://triblive.com/usworld/nation/4192950-74/assault-sexual-military – axzz2Yx4H0viF

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.
----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

How Should the Military Handle Sexual Assault Cases?

A new Washington Post–Pew Research Center poll finds that Americans are split on opinions of how to address sexual assaults within the military.

Like a similar split among lawmakers, 45 percent of the American public says Congress should step in and change military law as a primary means to tackle the issue. About the same number, 44 percent, says the problem should be handled by military leaders within the chain of command.

What is your opinion on how the military sexual assault cases should be handled?

To read more about the findings from the recent poll, please click on the following link:

http://www.washingtonpost.com/world/national-security/poll-americans-concerned-about-sex-assaults-in…

If you need criminal defense in civilian or military court, call the Law Offices of John L. Calcagni, III, at 401-531-5100 for a free consultation to learn about your options.

A former prosecutor with the U.S. Army JAG Corps and a Special Assistant U.S. Attorney, John Calcagni is experienced in the prosecution and defense of all types of criminal cases and provides defense for those accused of federal and or crimes.

As a Military Defense Attorney, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, Massachusetts, New York, Connecticut and Florida.

----------------------------------------------------------------------------------------

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Former Deputy Commander Sentenced in Sexual Assault Case

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.


Former B.C. cadet instructor jailed, banned from military for sex assault

A military court has sentenced a former deputy commander of the Victoria-based military cadet corps to one year in jail and banished him from the military for sexually abusing teenaged cadets.

Captain Daniel Moriarity, 26, was also demoted to a second lieutenant by military Judge Lieutenant-Colonel Louis-Vincent D’Auteuil, who said the man used and abused his power to fulfill his desires.

Capt. Moriarity was convicted of sexual exploitation, sexual assault and sexual interference by a military court last October in connection with attacks on a 15-year-old boy and 16-year-old girl in separate incidents at the Vernon, B.C., army camp.

During Capt. Moriarity’s sentencing on Wednesday, the judge said the victims are still emotionally dealing with the man’s actions.

Read more HERE


----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Operating Under the Influence Case Results

If you are facing charges for OUI, Drug Possession, or any kind of Sexual Assault crime, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for assistance and a free consultation.

OUI 2nd for Alcohol; OUI for Drugs; and Annoying a Person of the Opposite Sex: OUI First-Offender Sanctions Imposed and All Other Charges Dismissed. 

Police received a report of a motorist following a city garbage truck during the early morning hours.  The report indicated that the motorist was believed to be intoxicated and was soliciting a female garbage trucker worker to perform a sexual act on him.   Police arrived on the scene and stopped the motorist.  At the time of the stop, officers detected a strong odor of an alcoholic beverage emanating from the motorist, as well as observed him to have both blood shot eyes and slurred speech.   During a discussion with the motorist, he admitted to having consumed several beers earlier in the night and appeared to be disoriented.  Officers administered a battery of field sobriety tests to the motorists all of which he failed.  Officers than placed the motorist under arrest and transported to the police station.  He then participated in a breathalyzer test that measured his BAC to be .24 –three times the legal limit of .08.  During the booking process, officers discovered a bottle of narcotic mediation on the motorist’s person person.   As a result of the foregoing, police charged the motorist with Operating under the Influence (OUI) of Alcohol (2nd Offense); OUI of Narcotics; and Annoying a Person of the Opposite Sex.  Attorney Calcagni represented the motorist.  At a pretrial conference, Attorney Calcagni successfully negotiated to have the OUI for Narcotics and Annoying a Person of the Opposite Sex charges dismissed.  Attorney Calcagni further negotiated for the motorist to be treated as a first-time offender for purposes of the OUI of Alcohol charge.  The motorist was then sentenced to a Continuation without Finding for twenty-four (24) months with minimum first-time OUI offender sanctions.  Providing the motorist is not charged with a new offense during this period, his case will be dismissed in two years and he will not incur a criminal conviction from this incident. 

MA Peeping Tom Indicted by Grand Jury

If you have been charged with a sex crime in MA, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation.

Child pornography, wiretapping, and photographing an unsuspecting nude person were the charges brought against a Somerville MA man by a grand jury yesterday. Ryan Perez is accused of video-taping several women in a YMCA locker room.

Somerville man indicted on videotaping women at YMCA
February 7, 2012
By Matt Byrne, Town Correspondent

A Somerville man was indicted by a Middlesex County grand jury today on multiple charges after he allegedly filmed multiple women in a YMCA locker room, authorities said.

Ryan A. Perez, 24, was indicted by on four counts of photographing an unsuspecting nude person, three counts of possession of child pornography, and wiretapping, according to the office of Middlesex District Attorney Gerard T. Leone.

According to authorities, Perez was discovered by a Somerville Y patron in the women's locker room Nov. 1 about 9:30 a.m. recording video of partially clothed women with a cellphone from underneath a bathroom stall.

Police searched the phone and found six videos created that day in roughly an hour, in addition to 23 images of child pornography.

Perez was initially arraigned the same day in Somerville District Court on lesser charges and was released on the condition he stay away from the YMCA.

No arraignment date has been set for the new charges, Leone's office said.