First Degree Sexual Assault
The Connecticut State Attorney’s Office filed charges of First Degree Sexual Assault against a U.S. Marine. The case stemmed from allegations against the Marine by his young, female cousin who claimed that he molested her as a young girl. The girl was a teenager at the time of her allegation and experiencing mental health issues related to depression, panic attacks and suicide. She alleged the molestation during a low point in her mental health condition.
This spawned a report to law enforcement, followed by a forensic investigation. The female teen alleged that her older male cousin began molesting her when she was between the ages of six and seven. She claimed the incidents occurred repeatedly throughout the years until he turned 18 and enlisted in the U.S. Marine Corps. She claimed that the sexual misconduct consisted of digital penetration of her vagina, touching of her vagina, indecent exposure of his penis, attempted vaginal penetration, and her being forced to touch his penis.
Based on these allegations, police in Middletown, CT along with the State Attorney’s Office obtained an arrest warrant for the Marine, who at the time, was on active duty and stationed abroad. The Marine retained CT criminal defense lawyer, John L. Calcagni III, to represent him in this very serious case. He and his wife selected Attorney Calcagni because of his vast trial experience with sexual assault cases and with representing military service members.
Attorney Calcagni assisted with securing his client’s Honorable Discharge from military service, and then voluntary surrender in Connecticut Superior Court. He also secured his client’s release on bail at arraignment. From there, Attorney Calcagni went straight to work on his client’s defense. This included filing voluminous motions for production of the alleged victim’s medical, counseling, mental health and academic records.
He also interviewed various witnesses about the cousin’s character, reputation and veracity, especially since there was no corroboration of her allegations. While focusing on the weaknesses of the State’s case and attacking alleged victim, Attorney Calcagni also worked to build up the Marine. This included obtaining records related to his education, family and honorable military service such as awards, commendations, duty performance, service overseas, war time deployments.
Based on this approach, prosecutors with the State Attorney’s Office offered to resolve the case in a manner legally favorable to the Marine. Attorney Calcagni successfully negotiated for an amendment or reduction to the charged felony sex offense, along with a sentence of five years probation following six months in jail. Most importantly, this disposition did not result in the Marine being labeled or having to register as a sex offender.