Enticing a Minor
A young, enlisted Air Force Airman came home on leave to the United States from being stationed overseas. His focus was to meet a young girl who he had originally met online. The Airman was 19 at the time and the girl was under the age of 16. The two met from an online source and corresponded by email and text message for nearly one year before the planned visit. The Airman traveled to the girl’s location, rented a nearby hotel room, and visited with her as often as he could during his leave period. The girl kept her relationship with the adult Airman from her mother. Once evening, the girl snuck out of the house in the middle of the night to be with the Airman. He picked her up in his rental car and drove around with her for hours even crossing state lines into a neighboring state. When the girl’s mother discovered her missing from her bed, she immediately called police. While investigating the girl’s disappearance, the girl’s younger sister revealed the relationship with the Airman and the fact that her sister left the house to meet with him. Police went on a manhunt for the Airman and missing girl, which included locating and searching the Airman’s hotel room. Inside police discovered a used condom and information related to the Airman’s rental car. Police broadcasted the rental car information to all law enforcement agencies across the country. As a result of this wide scale investigation, a patrol officer in the neighboring state located and stopped the rental car. The Airman and girl were discovered to be together incident, which led to his arrest and the girl’s recovery and return home.
The Airman was ultimately charged with Enticing a Minor and held for months on high cash bail. His family could not afford to post bail. He was also in trouble with the Air Force for not returning back from leave on time and for being arrested by civilian law enforcement authorities. The Airman and his family ultimately hired Attorney Calcagni due to his military law and criminal defense background and experience. Once retained, Attorney Calcagni conducted his own pretrial investigation aimed at establishing that the girl voluntarily communicated with and spent time with the Airman. He also obtained the support and sympathy of the girl’s family against criminal prosecution. With victim support in place, Attorney Calcagni ultimately secured the Airman’s release from pretrial confinement and return to his active duty Air Force unit overseas. This was the product of extensive collaboration and cooperation with Air Force lawyers and military leaders. Once the Airman returned to his unit, Attorney Calcagni was able to secure his excusal from further court appearances due to his geographical displacement and the financial burden of having to fly to and from the United States and Italy where he was stationed to make routine court appearances. The Airman was not required to return to Court until the end of the case.
On account of the charged civilian misconduct, the Air Force commenced its own investigation of the Airman’s actions while on leave and his relationship with a minor female. The Air Force initiated its inquiry once the Airman returned to his overseas duty station following his release from pretrial confinement. This investigation involved requiring the Airman to meet with investigators outside the presence of or without the knowledge of his attorney, John L. Calcagni III. During the meeting with investigators, the Airman was interrogated and ultimately admitted to engaging in sexually intimate and physical conduct with the female. This admission was evidence of criminal conduct far worse than the Enticing a Minor charge filed against him in civilian court. Fortunately the Air Force did not attempt to bring criminal charges in the context of a court-martial. However, based on this admission, the Air Force imposed non-judicial punishment against the Airman and then initiated administrative proceedings to separate him from military service. The government sought to separate him under conditions other than honorable. Attorney Calcagni worked hand-in-hand with the Air Force Judge Advocate assigned to the Airman’s defense. Together these attorneys developed and implemented a strategy that resulted in the Airman’s discharge from military service with a General Discharge under Honorable Conditions.
Once separated from service, the Airman finally returned to court to resolve his pending case and underlying charge of Enticing a Minor. Attorney Calcagni successfully negotiated a disposition, which provided that the case would be Continued Without a Finding (CWOF) for 12 months. During this time, the Airman would remain on unsupervised probation with no special conditions or reporting requirements. Providing his is not charged with a new crime or offense within the 12-month period, the case will be dismissed at the end of the probation term. The Airman will also not incur a criminal conviction from this resolution or be required to register as a sex offender.