Wikipedia

Michael Waddington

Michael (Stewart) Waddington is an American criminal defense lawyer specializing in court-martial cases, war crimes, and other serious felonies.[1] He defended Sgt. Alan Driver, accused of abusing detainees, and Specialist Hunsaker in the Operation Iron Triangle Case.

Michael Waddington
Born
New Castle, Pennsylvania, U.S.
NationalityAmerican
Other namesMichael Stewart Waddington
EducationDuquesne University (BA)
Temple University Beasley School of Law (JD)
OccupationCriminal defense lawyer
SpouseAlexandra Gonzalez-Waddington
Children2
Websitewww.ucmjdefense.com

Education

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Waddington completed his B.A. degree in History at Duquesne University in 1997, and his J.D. degree from the Temple University James E. Beasley School of Law in 2000.[1]

Career

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After graduating from law school, Waddington worked as a US Army JAG Corps Officer between 2001 and 2005, specializing in war crimes and other military-related cases. In 2006 he, along with his wife, launched a law firm, Gonzalez & Waddington, LLC, in Miami, Florida.[2]

Among the clients that Waddington has represented are Sgt. Alan Driver, accused of abusing detainees during the War on Terror campaign and Specialist Hunsaker in the Operation Iron Triangle case.[1][3]

Several of Waddington's cases have been the subject of documentaries and films, including the documentary, Taxi to the Dark Side (2007), and Redacted (2007).[4]

Waddington appeared in the 2009 CNN documentary Killings at the Canal and also contributed to the books The State of Criminal Justice from 2013 to 2022, an annual publication of the American Bar Association.[5] He is the author of The Art of Trial Warfare, [6] Battlemind: A Military Legal Thriller,[7] Kick-Ass Closings,[8] and multiple books on cross-examination, trial strategy, and military law. [9][10][11][12][13][14]

Notable cases

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Bagram prisoner abuse

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See also: Bagram torture and prisoner abuse

In February 2006, while an Army Captain, Waddington defended Sergeant Alan Driver at Fort Bliss, Texas. Driver was court martialed for allegedly abusing detainees captured in the War on Terror campaign, and held at the Bagram Air Base, Afghanistan, in 2002. Driver was charged with beating a Taliban commander called Habibullah, who later succumbed to injuries. He was also accused of throwing a shackled and handcuffed prisoner, Omar al-Faruq, against a wall.[15] After the public confession of the disappearance of al-Faruq, Sgt Driver was fully acquitted of all charges.[16][17] The Bagram Abuse Cases were the subject of the documentary, Taxi to the Dark Side (2007), which won an Academy Award in 2007 for the "Best Documentary Film."[18]

Operation Iron Triangle

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In June 2006, Waddington was called on to defend SPC William B. Hunsaker at Fort Campbell, Kentucky in the case of a triple murder. Hunsaker was one of four soldiers belonging to the 101st Airborne Division who were accused of executing suspected al-Qaeda insurgents that were captured during a raid near Samarra, Iraq, on May 9, 2006.[19] SPC Hunsaker and PFC Corey Clagett, another defendant, entered plea deals that reduced their maximum sentence to 18 years.[20] Referred to as the Operation Iron Triangle case, this case became the subject of the 2008 book, Rules of Engagement? A Social Anatomy of an American War Crime – Operation Iron Triangle, Iraq by Stjepan Gabriel Meštrović.[21]

Allegation of murder by U.S. Soldiers

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Waddington served in the defense of Sgt. Anthony W. Yribe, a U.S. Army soldier implicated in the alleged rape and mass murder in Iraq.[22]

Detainee abuse in Iraq

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In February 2007, Waddington was called to defend Army Sergeant, SFC Timothy Drake, of allegations of using a baseball bat to beat enemy insurgents captured during the Battle of Fallujah, Iraq, in 2003. Drake was acquitted of aggravated assault with a bat, obstruction of justice, solicitation, and assault by kicking.[23] He was convicted of misdemeanor, battery and making false statements. He was sentenced to a reprimand, and was retained on active duty.[24]

Murder allegations in Kirkuk, Iraq

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In July 2007, Waddington was called to defend Spc. Christopher P. Shore against a charge of murder under UCMJ art. 118(3).[25] The charges stemmed from a June 23, 2007 raid near Kirkuk, Iraq, where Shore's platoon of elite army scouts conducted a night-time raid into enemy territory. Shore was charged with shooting a detainee after his platoon leader, SFC Trey A. Corrales, shot him with an M-4 rifle.[26] Spc. Shore was acquitted of murder and convicted of discharging his weapon near the detainee (assault). He was sentenced to 120 days in jail, a reprimand, a two rank reduction, and no discharge.[27] On May 21, 2008, Bednarek reduced Shore's conviction to simple assault, erasing Shore's felony record.[28]

Rape allegation at the Naval Academy

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In March 2008, Waddington was called to defend a third year United States Naval Academy Midshipman, Mark Calvanico, who was accused of breaking into the room of a fellow midshipman and raping her.[29][30] On June 3, 2008, Naval Academy Superintendent Vice Adm. Jeffrey Fowler dismissed all court martial charges against the midshipman.[31]

Execution of Iraqi snipers

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In August 2008, Waddington defended an Army infantryman, SFC Joseph Mayo, who was accused of executing four Iraqi snipers that were caught in Baghdad. Multiple soldiers from the unit were charged in connection with the alleged shooting.[32] In March 2009, SFC Mayo pleaded guilty, indicating that he did it "in the best interests of my soldiers", and was sentenced to 35 years.[33]

Maywand District murders

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Waddington represented Spc. Jeremy Morlock, one of five soldiers charged with the Maywand District murders, premeditated murder of three Afghan civilians, in 2010.[34][35] Morlock faced a maximum sentence of life imprisonment.[36] Morlock later pleaded guilty to three counts of murder, one count of conspiracy to commit assault and battery, and one count of illegal drug use in exchange for a maximum sentence of 24 years.[37]

Colombian prostitution scandal

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Waddington defended a US Special Forces soldier who was one of several people accused of being involved in hotel misconduct and a prostitution scandal in Colombia in April 2012.[38] The charges against the men included heavy drinking to soliciting prostitutes, two days before President Barack Obama arrived for the Summit of the Americas. Three of the implicated were cleared of serious misconduct charges, with four others, including Secret Service supervisor David Chaney, being forced out.[39]

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In the March 2018, Waddington defended a US Navy SEAL officer stationed at Coronado Navy Base, CA, who was accused of sexually assaulting two women in San Diego, CA. The Navy SEAL was acquitted of all charges by a Navy jury.[40]

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In the summer of 2019, Waddington defended a member of SEAL Team 6 accused of being involved in a catfishing scandal.[41]

Green Beret Colonel Rape Allegation

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In August 2020, Waddington successfully defended an Army Special Forces Colonel accused of raping a woman affiliated with the US Embassy in Pakistan. The jury trial took place at Fort Bragg, NC, in August 2020.[42][43]

Books Published

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Waddington had written multiple books, including non-fiction and fictional works, including:

Battlemind

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Battlemind: A Military Legal Thriller [44]

Kick-Ass Closings

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Kick-Ass Closings: A Guide to Giving the Best Closing Argument of Your Life[45]

The Art of Trial Warfare

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The Art of Trial Warfare: Winning at Trial Using Sun Tzu's The Art of War[46]

Pattern Cross-Examination for DNA and Biological Evidence

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Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy & Resource Guide [47]

Pattern Cross-Examination for Forensic Experts

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Pattern Cross-Examination for Forensic Experts: A Trial Strategy & Resource Guide[48]

Pattern Cross-Examination for Sexual Assault Cases

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Pattern Cross-Examination for Sexual Assault Cases: A Trial Strategy & Resource Guide[49]

Trial Warrior’s Book of Wisdom

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Trial Warrior’s Book of Wisdom: A Compilation of Quotes for Success in Law and Life[50]

Google+ for Lawyers

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Google+ for Lawyers: A Step by Step User's Guide[51]

Upgrade Your Army Discharge

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Upgrade Your Army Discharge[52]

The State of Criminal Justice: 2013-2022

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From 2013 to 2023, Waddington wrote eleven chapters in the American Bar Association's annual books, The State of Criminal Justice. The chapters involved the Uniform Code of Military Justice (UCMJ), sexual assault in the military, and military law. The three most recent publications are:

The State of Criminal Justice 2022

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The State of Criminal Justice 2022 - Overview of UCMJ Changes in the National Defense Authorization Act for Fiscal Year 2022 [53]

The State of Criminal Justice 2021

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The State of Criminal Justice 2021 - Military Justice Act of 2016's Expansion of Military Subpoena Power [54]

The State of Criminal Justice 2020

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The State of Criminal Justice 2020 - Changes to the Punitive Articles Under the Military Justice Act of 2016[55]

Dare to Succeed

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Waddington was one of the co-authors of the 2013 book, Dare to Succeed: The World's Leading Experts Reveal Their Secrets to Success in Business and in Life – and Dare You to Succeed.[56]

Speaking Engagements

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Waddington has lectured at multiple national legal conferences and universities on the topics of cross-examination, closing arguments, trial strategy, war crimes, military law, and The Art of Trial Warfare.[57]

Television consultation

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Waddington has provided consultation services to several television channels including CBS for its legal and political drama, The Good Wife.[58][59]

Personal life

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Waddington resides in Miami, Florida, with his wife and law partner, Alexandra Gonzalez.[60]

References

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  1. ^ a b c "Lawyer fights to win his battles". The Augusta Chronicle. 20 March 2006. Retrieved 27 September 2013.
  2. ^ "Court Martial Lawyer | Military Attorney | Sex Assault Defense Army Air Force Navy Marine Corps Defense Lawyers — Gonzalez & Waddington, Attorneys at Law". Ucmjdefense.com. Retrieved 27 September 2013.
  3. ^ "Soldiers in murder case claim order to 'kill all military age males'". 21 July 2006.
  4. ^ "About Michael Waddington – Lawyer ratings and reviews for Miami, FL attorney". Avvo.com. Retrieved 25 January 2023.
  5. ^ "The State of Criminal Justice 2013". Apps.americanbar.org. Retrieved 27 September 2013.
  6. ^ "The Art of Trial Warfare". APub. Retrieved 25 January 2023.
  7. ^ Battlemind: A Military Legal Thriller. APub. 17 June 2020. ISBN 978-1712187845.
  8. ^ "Kick Ass-Closings: A Guide to Giving the Best Closing Argument of Your Life". APub. Retrieved 25 January 2023.
  9. ^ "The State of Criminal Justice 2022". APub. Retrieved 25 January 2023.
  10. ^ "The State of Criminal Justice 2021". Apps.americanbar.org. Retrieved 25 January 2023.
  11. ^ "The State of Criminal Justice 2020". Apps.americanbar.org. Retrieved 25 January 2023.
  12. ^ "Pattern Cross-Examination for Sexual Assault Cases". National Association of Criminal Defense Lawyers. Retrieved 25 January 2023.
  13. ^ "Pattern Cross-Examination for Sexual Assault Cases". National Association of Criminal Defense Lawyers. Retrieved 25 January 2023.
  14. ^ "Pattern Cross-Examination for Expert Witnesses". National Association of Criminal Defense Lawyers. Retrieved 25 January 2023.
  15. ^ Lasseter, Tom. "Detainee abuse routine at U.S. bases in Afghanistan – 06/16/2008". MiamiHerald.com. Retrieved 27 September 2013.
  16. ^ "The World Today – Indonesia kept in the dark over al-Qaeda chief's escape". Abc.net.au. Retrieved 27 September 2013.
  17. ^ "Soldier Acquitted in Prisoner Abuse Case". Military.com. February 23, 2006. Retrieved 27 September 2013.
  18. ^ "Taxi to the Dark Side". IMDb. 23 January 2009.
  19. ^ "Local News: Dexter native charged in Iraqi murder case". Dexter Daily Statesman. 27 October 2006. Retrieved 27 September 2013.
  20. ^ von Zielbauer, Paul (January 4, 2007). "Soldier Reaches Plea Deal in the Killing of 3 Iraqis". New York Times. Retrieved 27 September 2013.
  21. ^ "4 Soldiers Accused of Iraq Rape, Killings". Ncadp.proboards.com. Retrieved 27 September 2013.
  22. ^ "Michael S. Waddington's Legal Cases – United States v. SGT Y. – Fort Campbell, KY". Avvo.com. Retrieved 27 September 2013.
  23. ^ "Army Sergeant Accused of Beating Detainees with Baseball Bat Avoids Prison". Prweb.com. Archived from the original on November 9, 2013. Retrieved 27 September 2013.
  24. ^ "Soldier gets lenient sentence for beating". Washington Times. 16 August 2007. Retrieved 27 September 2013.
  25. ^ "2 U.S. soldiers charged with murder". Los Angeles Times. 20 July 2007. Retrieved 27 September 2013.
  26. ^ "Soldier's sentence reduced". Online Athens. 22 May 2008. Retrieved 27 September 2013.
  27. ^ "Winder soldier told to 'finish off' Iraqi is no murderer, attorney says". 9 August 2007. Retrieved 27 September 2013.
  28. ^ Moni Basu and Jeffry Scott (August 8, 2007). "Winder soldier told to 'finish off' Iraqi is no murderer, attorney says". Who Is Calm?. Archived from the original on October 2, 2013. Retrieved 27 September 2013.
  29. ^ Witte, Brian (3 June 2008). "No court-martial for midshipman accused of rape". usatoday.com. Retrieved 27 September 2013.
  30. ^ Witte, Brian (22 April 2008). "'He raped me,' woman says of fellow Naval Academy midshipman". usatoday.com. Retrieved 27 September 2013.
  31. ^ Steve Vogel (April 23, 2008). "Midshipman Accused of Sex Assault". Washingtonpost.com. Retrieved 27 September 2013.
  32. ^ "AFP: US sergeant jailed for murdering prisoners in Iraq". 30 March 2009. Archived from the original on January 30, 2014. Retrieved 27 September 2013.
  33. ^ "Sgt. 1st Class Joseph Mayo: Bragg soldier gets 35 years in 4 deaths". Forums.militarytimes.com. 30 March 2009. Retrieved 27 September 2013.
  34. ^ "Murder in Afghanistan: Court Sentences 'Kill Team' Soldier to 24 Years in Prison". Spiegel.de. 24 March 2011. Retrieved 29 September 2013.
  35. ^ Chris McGreal (27 September 2010). "US soldier accused of killing of Afghan civilians to appear at military tribunal | World news". The Guardian. Retrieved 29 September 2013.
  36. ^ Bernton, Hal (15 October 2010). "Local News | Stryker soldier Jeremy Morlock faces court-martial in Afghan killings". Seattle Times Newspaper. Retrieved 29 September 2013.
  37. ^ "Jeremy Morlock jailed for 24 years over Afghan deaths". BBC News. 24 March 2011.
  38. ^ "Secret Service sex scandal: Several say they didn't break the rules". The Washington Post. 22 May 2012. Retrieved 29 September 2013.
  39. ^ David Nakamura and Joe Davidson (13 April 2012). "U.S. Secret Service agents recalled from Colombia". The Washington Post. Retrieved 29 September 2013.
  40. ^ Carl Prine (23 March 2018). "Navy SEAL acquitted in rape case". sandiegouniontribune.com. Retrieved 15 September 2022.
  41. ^ Ziezulewicz, Geoff (19 August 2019). "Did SEAL Team 6 commit unlawful command influence in catfishing case?". navytimes.com/. Retrieved 15 May 2021.
  42. ^ Dickstein, Corey (27 August 2020). "Special Forces colonel acquitted of sexual assault in Fort Bragg court-martial". stripes.com. Retrieved 19 September 2022.
  43. ^ Dickstein, Corey (5 August 2020). "Special Forces colonel acquitted of sexual assault in Fort Bragg court-martial". stripes.com. Retrieved 18 September 2022.
  44. ^ Michael Waddington (17 June 2020). Battlemind: A Military Legal Thriller. Amazon Publishing. ISBN 9781712187845.
  45. ^ Michael Waddington (21 November 2018). Kick-Ass Closings: A Guide to Giving the Best Closing Argument of Your Life. APub. ISBN 9781727642575.
  46. ^ Michael Waddington (28 January 2016). The Art of Trial Warfare: Winning at Trial Using Sun Tzu's The Art of War. APub. ISBN 9781523635894.
  47. ^ Michael Waddington; Alexandra González-Waddington; Dean Wideman (15 May 2021). Pattern Cross-Examination for DNA and Biological Evidence. National Association of Criminal Defense Lawyers.
  48. ^ Michael Waddington; Alexandra González-Waddington (1 March 2020). Pattern Cross-Examination for Forensic Experts. National Association of Criminal Defense Lawyers.
  49. ^ Michael Waddington; Alexandra González-Waddington (15 September 2017). Pattern Cross-Examination for Sexual Assault Cases. National Association of Criminal Defense Lawyers.
  50. ^ Michael Waddington (22 December 2016). Trial Warrior's Book of Wisdom: A Compilation of Quotes for Success in Law and Life. APub. ISBN 9781540746344.
  51. ^ Michael Waddington; Alexandra González-Waddington (27 September 2013). Google+ for Lawyers: A Step by Step User's Guide. APub. ISBN 9780615853727.
  52. ^ Michael Waddington (30 August 2013). Upgrade Your Army Discharge. APub. ISBN 9780984720002.
  53. ^ Michael Waddington; Alexandra González-Waddington; M. Arthur Vaughn II; Tiffany Lopez (24 August 2022). The State of Criminal Justice 2022. American Bar Association. ISBN 9781639051090.
  54. ^ Michael Waddington; Alexandra González-Waddington; M. Arthur Vaughn II; Terra Johnson (16 August 2021). The State of Criminal Justice 2021. ABA. ISBN 9781641058445.
  55. ^ Michael Waddington; Alexandra González-Waddington; M. Arthur Vaughn II; amesian Emmanuel (25 August 2020). The State of Criminal Justice 2020. ABA. ISBN 9781641056298.
  56. ^ Dare to Succeed. CelebrityPress. 27 June 2013. ISBN 9780988641891.
  57. ^ "Michael Waddington Court Martial Lawyer - Military Defense Attorney; Sex Assault Defense Army Air Force Navy Marine Corps Defense Lawyers — Gonzalez & Waddington, Attorneys at Law". Ucmjdefense.com. Retrieved 18 September 2022.
  58. ^ Michael Waddington; Alexandra Gonzalez-Waddington (August 30, 2013). Upgrade Your Army Discharge eBook (Kindle ed.). ASIN B00EW7IBVC. Retrieved 29 September 2013.
  59. ^ "Military Lawyer that Defends Court Martial Cases Worldwide". Courtmartiallawyers.com. Retrieved 29 September 2013.
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