Cannon AFB

Cannon AFB

Mr. Aarons served three years on active duty as a JAG and was a public defender in Clovis for one year before moving to Santa Fe years ago. He has extensive experience as civilian defense counsel in courts-martial and, as a former instructor at the US Army Legal Center and School, he is very familiary with court rules of procedure and evidence at trial. Given the distance between Clovis and Santa Fe, Mr. Aarons will probably ask you if you are willing to allow the Trial Defense Service (TDS) lawyer stay on as second chair. That is a wise move for several reasons. Although the military lawyer may not have the trial experience of a seasoned civilian counsel, knowing the personalities of the military prosecutor and the judge may mean valuable insight. Also, using the TDS office to conduct interviews and their copy machine and phones makes the whole operation go much more smoothly. Of course, in the end, the accused alone decides who should be the legal representatives in the case.

Representative Cases:

Capt P, USAF. One case concerned an Air Force Captain who tested positive for cocaine in a random urine sample. A general court martial was convened at Kirtland AFB in Albuquerque, New Mexico. Capt P, hired Mr. Aarons, who hired two experts with the financial assistance of the court. The first was a toxicology expert who explained how false positives do occur under the protocol in place with the US Air Force. The second expert, a retired flight surgeon from Kirtland, testified that he was aware from his extensive practice that people who attend a local gentlemen’s club are apt to have their drinks secretly spiked by a very small amount of cocaine – not enough to be noticed but enough to “loosen the wallet” of the customer under the influence. There was strong testimony that the pilot and two of his military buddies had visited a gentlemen’s club the night before Capt P’s random drug test. The end result: the court members voted 9-0 to acquit Capt P of the drug charge. His military career, and future goal to fly commercial aircraft – was saved.

SSG L, NMNG. A Staff Sergeant with the New Mexico National Guard tested positive for marijuana, and hired Mr. Aarons to fight the administrative discharge proceedings. Mr. Aarons presented expert testimony from a UNM Hospital toxicologist that the low nanogram/mililiter level was consistent with passive inhalation, not direct smoking. There was testimony that over a July 4th outing the Staff Sergeant was in a small room playing poker, and two of the others were smoking a joint.

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Here is another high profile account of a trial involving a decorated Marine: Jury Acquits Ex Marine

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Click to Military Legal Guide published by Mr. Aarons

Feb 23, 2012