Civilian Defense Counsel – Investigation of Army Officer for Indecent Conduct

Military Cases

Investigation of Army Officer for Indecent Conduct: No Criminal Charges.

A Major in the U.S. Army fell under investigation by the Army Criminal Investigations Division (CID) for allegations of indecent assault and/or conduct by the Officer while mobilized on active duty. Apparently, a junior female enlisted Soldier made allegations of the Field Grade Officer that involved inappropriate language, indecently exposed himself to her, and possible inappropriate touching. Once CID called the Major in for an interview, he invoked his rights to counsel and to remain silent in accordance with Article 31 (b), Uniform Code of Military Justice, and immediately retained Civilian Defense Counsel, John L. Calcagni III, to defend him in this matter. Attorney Calcagni sent a notice of representation letter to CID and precluded them from any further access to his client. Based upon Attorney Calcagni’s additional efforts and strategic decisions, the Army closed out its investigation without any adverse findings of misconduct against the Officer. The Major was not charged or titled with a criminal offense and this event will have no adverse impact to his future military career.