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Specialist Is Found NOT GUILTY After Mr. Gapasin Highlights Accuser's Multiple Inconsistencies

March 24, 2023, United States v. E-4, General Court-Martial, United States Army, Fort Sill, Oklahoma.  Army Specialist is accused of sexually assaulting a PFC in his barracks room.  He is also accused of indecent exposure and assault and battery for allegedly throwing her onto his bed.  The Specialist had previously agreed to give statements subject to interrogation by a CID agent.  After charges are preferred, Specialist retains Mr. Gapasin to represent him.  Gapasin files several motions and in one of those motions, he manages to exclude several unhelpful statements made by the CID agent during the interrogation.  Following the Military Judge's ruling excluding many of the statements, the Government declines to show the video interrogation at trial to the panel of Officers and Enlisted members.  Mr. Gapasin initiates a very analytical cross-examination, pulling multiple inconsistent and contradictory allegations from several of the accuser's interviews and past statements.  Gapasin also showed that the PFC had multiple opportunities to leave his barracks room but stayed.  Gapasin even had her admit that she allowed his client to massage her shoulders and even kiss her neck before he had to leave his room for 15 min to take care of business at the company.  When he returned, she was still in his room watching an episode of Criminal Minds.  After the alleged attack, she is reportedly emotional and apparently tells one of her friends afterwards that she blacked out during the attack.  She never tells this to CID.  She also never admits to ever kissing Gapasin's client at any time.  Under Gapasin's cross, however, this accuser admits from the stand that she was kissing Gapasin's client while he was removing her top and her bra.  Gapasin's cross-examination illustrates what this case really was:  a picture of two people consensually making out, and when it started going too far, Gapasin's client stopped and did not do anything she had not consented to.  Officer and Enlisted Panel deliberates for less than 30 minutes before returning its findings.  RESULT:  NOT GUILTY to ALL Charges and Specifications.  NO Federal Conviction, NO Sex Offender Registration, NO Confinement.