Recently, many commentators have been surprised that the former commander of 173rd Airborne Brigade has been allowed to retire after accepting responsibility for multiple charges involving bigamy, conduct unbecoming, and fraud, among others. In fact, some point out that the result proves that officers get “off easy “while enlisted do not.
In fact, this results points to the excellent lawyering skills of his defense attorney(s) and the defense known as Good Soldier Defense. This defense is recognized under MRE 404.
Lieutenant Colonel Charles Kuhfahl, his defense attorney, was able to show the panel members not only the bad but also the good about this former commander who was a rising star within the Army. Good Soldier Defense rests on showing the panel members and the judge the entire service record, military training, deployments, awards, medical injuries, and also explaining what caused the misconduct. At the same time, Good Soldier Defense involves limiting the damage the prosecution seeks to make by controlling its aggravating evidence.
His defense attorney was able to do it, and this surprised many commentators. Not every attorney has the time and knowledge to utilize Good Soldier Defense to its fullest extent. While Good Soldier Defense is no secret weapon against the prosecution, and one must still be a Good Soldier or Servicemember, proper application of Good Soldier Defense brings positive results.
If you are being charged or investigated, contact The Federal Practice Group (info@www.fedpractice.comor 202-862-4348 ) to explore potential defenses, including Good Soldier Defense. The information above does not constitute legal advice and it intended for general public information only.