Marine Acquitted of Drug Use at Cherry Point Court-Martial
Facing a year in prison and a bad conduct discharge, the career of a Marine stationed at Marine Corps Air Station Cherry Point was recently salvaged.
Raleigh, NC, August 20, 2008 --(PR.com)-- The career of a Marine stationed at Marine Corps Air Station Cherry Point was salvaged by the efforts of an attorney at the military law firm of Gagne, Scherer & Langemo, LLC. Charged with wrongful use of a controlled substance in violation of Article 112a of the Uniform Code of Military Justice; specifically wrongful use of cocaine, the Marine was facing the possibility of a year in prison and a bad conduct discharge. But advocacy on the part of civilian defense counsel Tory Langemo resulted in an acquittal, which allowed the Marine to separate from the Corps with an Honorable Discharge.
The prosecution’s evidence consisted of a positive urinalysis. The Government argued this was enough for a conviction. Civilian defense counsel Langemo argued the problems during the packaging and shipping of the sample, the drug testing laboratory’s deviation rate and the good military character of the Marine were all enough to create doubt. The court members agreed and acquitted the Marine of the charge.
“We spotted some issues in the packaging and shipping of the Marine’s sample which we brought to the court member’s attention. Those issues could have created doubt whether the sample at issue was even this particular Marine’s,” Langemo explained. “Then, we examined the laboratory’s testing procedure and found cause for concern. Finally, we offered testimony from two fellow Marines about the charged Marine’s good military character.”
The Marine was already at the expiration of his term of service so following the court-martial proceedings, he was allowed to separate and receive his Honorable Discharge.
Gagne, Scherer & Langemo, LLC, defends military members of all branches; Army, Navy, Air Force, Marines and Coast Guard, who are facing criminal charges at court-martial or adverse administrative action.
Gagne, Scherer & Langemo, LLC, is currently accepting new military clients across the United States and abroad. For more information, call the firm toll-free at 1-877-TOP-JAGS (1-877-867-5247) or visit www.gslattorneys.com
###
The prosecution’s evidence consisted of a positive urinalysis. The Government argued this was enough for a conviction. Civilian defense counsel Langemo argued the problems during the packaging and shipping of the sample, the drug testing laboratory’s deviation rate and the good military character of the Marine were all enough to create doubt. The court members agreed and acquitted the Marine of the charge.
“We spotted some issues in the packaging and shipping of the Marine’s sample which we brought to the court member’s attention. Those issues could have created doubt whether the sample at issue was even this particular Marine’s,” Langemo explained. “Then, we examined the laboratory’s testing procedure and found cause for concern. Finally, we offered testimony from two fellow Marines about the charged Marine’s good military character.”
The Marine was already at the expiration of his term of service so following the court-martial proceedings, he was allowed to separate and receive his Honorable Discharge.
Gagne, Scherer & Langemo, LLC, defends military members of all branches; Army, Navy, Air Force, Marines and Coast Guard, who are facing criminal charges at court-martial or adverse administrative action.
Gagne, Scherer & Langemo, LLC, is currently accepting new military clients across the United States and abroad. For more information, call the firm toll-free at 1-877-TOP-JAGS (1-877-867-5247) or visit www.gslattorneys.com
###
Contact
Gagne Scherer and Langemo
Tory Langemo
1-877-867-5247
gslattorneys.com
Tory Langemo
1-877-867-5247
gslattorneys.com
Contact
Categories