New Mexico National Guard
New Mexico National Guard
Mr. Aarons served for three years on active duty as a JAG officer stationed in Germany, and later was a military instructor at the Legal Center and School in Charlottesville, Virginia. He retired as a Lieutenant Colonel. Mr. Aarons has been hired on several cases to represent National Guardsmen, and often retains the Trial Defense Service (TDS) lawyer as second chair to assist in administrative duties and at trial.
Representative Cases:
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.
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.
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