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ALL Charges and Specifications DISMISSED. NO Federal Conviction, NO Sex Offender Registration, NO Confinement.

October 17, 2016, U.S. v. E-6, United States Army, Fort Bragg, North Carolina.  Army Staff Sergeant is accused of sexual assault while he and alleged victim are deployed to Kuwait. Staff Sergeant denies allegations and gives a statement to CID claiming their sexual activity was entirely consensual. Staff Sergeant tells CID to analyze the alleged victim's cell phone because it would provide evidence that she consented. Nothing is done. Staff Sergeant advises his JAG lawyers to request the cell phone for analysis, however, no such discovery requests are made. Instead, JAG lawyer advises him to agree to 18 months of confinement and plead guilty for assault and battery in order to avoid sex offender registration. Staff Sergeant refuses and instead retains Mr. Gapasin to represent him. Gapasin immediately files a Request for a Digital Forensics Expert to conduct an extraction of the alleged victim's cell phone. Government denies this request, and CID apparently claims they “found nothing of evidentiary value”. Gapasin files a Motion to Compel Production of Expert, and the Military Judge grants the Motion. Gapasin requests that all Voxer messages from the alleged victim's cell phone be subpoenaed.  Again, Government denies the request, and CID claims their “extraction of the cell phone failed”. Gapasin files a Motion to Compel Discovery, and the Military Judge grants the motion. Gapasin's forensic digital expert examines the cell phone and digital evidence is extracted supporting the client's claim that the sexual activity was, indeed, consensual.  Evidence from the cell phone also revealed that the alleged victim committed the crime of perjury when she testified under Gapasin's cross-examination in a prior motions hearing. After multiple additional motions and discovery requests filed by Gapasin, the alleged victim declines to participate and the Government dismisses all charges and specifications. RESULT: ALL Charges and Specifications DISMISSED. NO Federal Conviction, NO Sex Offender Registration, NO Confinement. Subsequent separation board alleging sexual harassment for separate, unrelated accusers was TERMINATED after the Staff Sergeant retained Mr. Gapasin a second time.

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