(Update: 2/22/2013) Military Judge Don Eller ruled the government’s 77-page list of cell phone data violates the instructor’s Constitutional rights, saying investigators extracted the information without a search warrant.
He added that at some point during the investigation, somebody at Joint Base San Antonio should have had a light bulb go on that told them to find a magistrate and file affidavits to get a search warrant.
(Update: 02/15/2013): The judge sentenced LeBlanc to prison for 30 months, reduced his rank to E-1 and issued an order for a dishonorable discharge. Seventy-seven days will be subtracted from his sentence, which LeBlanc has spent in pre-trial lockup due to continued misbehavior.
(Original Post: 02/14/2013): Staff Sgt. Craig LeBlanc was acquitted Thursday on charges of aggravated sexual assault of a female trainee who had just graduated boot camp, but the former military training instructor is facing punishment for 11 other offenses.
On Wednesday, Staff Sgt. Donald Davis was found not guilty of abusive sexual contact with a trainee, but after submitting its acquittal, the military jury learned that Davis pled guilty to having an unprofessional sexual relationship with a technical trainee prior to the start of the court-martial.
On Thursday the jury deliberated for about two hours before returning with a three-pronged sentence: A reduction in rank to E-3, three months’ hard labor and a bad conduct discharge. He could have received a prison sentence instead of the discharge.
Staff Sgt. Donald Davis was charged with abusive sexual contact by touching a trainee and placing her in fear of her military career through the abuse of his authority. However, the defense argued the jury could not convict if there was reasonable doubt that the events occurred.
The military jury vote in the seventh court-martial indicated that the government had not met its burden of proof in the case.