The Carpenter Law Firm P.C.  

Seattle Court-Martial Lawyer Available for Worldwide Defense

Proven and Experienced Military Defense

If you are currently facing military criminal charges or administrative separation, you need the assistance of an experienced military lawyer with a a proven track record who is familiar with the UCMJ and the military justice system. Your hard earned military career now deserves the best Information and professional guidance available.

“There is not a more dedicated Trial Defense Attorney advocate or litigator in Europe, his skills, friendship and mentorship to young advocates will be sorely missed.” PCS Award 

Mr. Carpenter will handle your case with expertise, commitment and passion.  He  is available to consult with you in Washington State, the Western United States, Europe and the Far East.

Available for consultation at your local Trial Defense Service (TDS) Office on military posts, installations and bases worldwide.


phone: +1 206 326 0803

New “Of Counsel”

June 19, 2016

It gives me great pleasure to introduce Ben Hillner to our readers. He will be working with Court & Carpenter on various cases for the remainder of 2016, and likely beyond. As one good friend once told me, “You just landed Tom Brady, Mr. Carpenter.” Go Pats

On July 27, 2015, the Army Court of Criminal Appeals (ACCA) issued a ruling in United States v. Bridges, 74 M.J. 779 (2015) that reduced a panel’s sentence of 6 years to 4 years on account of an overzealous trial counsel that focused on the Accused’s prior acquittal that stemmed from a fifteen-year allegation of rape. In his sentencing argument, the military prosecutor emphasized that the Accused was “predisposed to sexual assault.”  The learning point for military justice practitioners is to move “in limine” prior to the trial on the merits and again on sentencing to preclude such patently unfair arguments. The defense lawyer’s focus should specifically emphasize the poignant danger of unfair prejudice under Bridges and Military Rules of Evidence (MRE) 403. See, e.g.,  Military Justice Reporter dated September 15, 2015.

The Navy Appellate Court in United States v. Pease, 74 M.J. 763 (July 15, 2015) vacated two sexual assault convictions based upon an insufficiency of evidence. This case demonstrates, as is well known amongst the defense bar, that opting for a military jury (“panel”) to decide your client’s case in a “multiple alleged victim case” can be exceedingly risky.  The evidence of alcohol impairment in this court-martial was weak and yet the Navy (enlisted) panel convicted and sentenced this Accused to serve six years in prison and a dishonorable discharge. This is yet another case of a complaining witness getting drunk and then deciding, after the fact, that they did not want sex. Professional kudos to Pease Court in correcting this miscarriage of justice.

On 18 June 2015, the Court of Appeals for the Armed Forces (CAAF), in United States v. Woods, 74 M.J. 238 (2015), vacated a court-martial conviction on account of a military judge’s denial of a “implied bias” challenge.  In sum, a prospective jury (panel) member filled our her pretrial questionnaire, and chillingly wrote, in relevant part, “the enforcement of the you are guilty until prove innocent [standard] is essential because the military needs to be held to a higher standard for reasons of mission.”  To make matters worse, this prospective juror was the senior member (highest ranking) on the jury. Defense counsel attempted to have her struck from the jury, prior to its convening, as part of the voir dire process, however the military judge shortsightedly denied the request.  CAAF was sufficiently troubled by her statement that it reversed the conviction on “implied bias” grounds. The lesson learned is that military defense counsel should always carefully read those “panel member sheets” long before trial, and have Woods in the back pocket, ready to cite, should a similar off the wall statement be made.

Earlier this summer an U.S. Army Judge ruled that statements made by an alleged sexual assault victim to her victim advocate were discoverable on account of AR 600-20 provisions related to “unrestricted” complaints.  Simply stated, in his learned view an “unrestricted” filing is akin to a waiver of any associated “victim advocate” privilege. Government prosecutors filed an appeal to preclude this discovery IAW MRE 514 (d)(6).  On 11 June 2015, the U.S. Army Court of  Criminal Appeals (ACCA)  in Lippert, Powell est. 2015 CCA LEXIS 257 upheld the military judge’s ruling.  The valuable lesson is this, if the complaining victim consults with a victim advocate, after having filed a “unrestricted report” the defense should now aggressively seek any and all related discovery regarding those previously “off limits” conversations.

The  Navy appellate court recently issued a favorable defense ruling in United States v. DWB, 74 MJ 630 (2015) in which the court upheld the military judge’s decision to prevent an alleged victim from putting on mental health testimony regarding Eye Movement Desensitization and Reprocessing (EMDR) procedures.  Military Defense Lawyers now have a great case to rely upon to pierce the MRE 513 privilege so long as one can reasonably show that the complaining witness underwent EMDR related treatments to assist in memory recall.

In a landmark opinion, the military’s highest court, U.S. Court of Appeals for the Armed Forces (CAAF), in United States v. Ali, 71 M.J. 256 (2012) held that non-United States citizens that “serve with” a U.S. military forces overseas are subject to trial by court-martial. In principle, CAAF’s opinion opens a potential means for the United States military apparatus to hold noncitizens accountable for committing crimes.  In essence, CAAF held U.S. Constitutional protections, embodied in the Fifth and Sixth Amendments  inapplicable to this body of persons. This case will no doubt be subjected to further judicial review, and may likely be argued before the U.S. Supreme Court, however, for now, the long arm jurisdiction of American military justice has caste itself around the globe, albeit only where our forces serve.