Fort Riley, Kansas.
A staff sergeant deployed to Balad, Iraq, was accused of two violations of disobeying General Order Number 1, Conspiracy, Fraternization and Making a False Official Statement. The government was seeking a conviction in a Special Court Martial based on several eyewitness accounts and the staff sergeant’s own sworn statement.
Duane Kees immediately filed several discovery and pretrial motions in an attempt to show the government the weakness of its case. At the conclusion of the trial, the staff sergeant was found guilty of consuming alcohol while deployed but found not guilty of Making a False Official Statement, Fraternization or Conspiracy. The staff sergeant was sentenced to a reduction to sergeant (E-5) and ordered to forfeit a portion of his pay, despite the fact that the government asked for a much harsher punishment of reduction beyond that of a noncommissioned officer.
The sergeant is still on active duty and is serving honorably.
