Charges DISMISSED Days Before Trial, NO Federal Conviction, NO Discharge.
December 3, 2014, Joint Base Elmendorf-Richardson, Anchorage, Alaska. U.S. v. E-4. The Government prefers charges against Military Police client for wrongful possession of illegal drugs. Client denies the possession of these drugs and retains Mr. Gapasin to represent her for the court-martial with the intent on going to trial. Mr. Gapasin recognizes several search and seizure violations per the client's Fourth Amendment rights, and also hones in on a defective chain of custody for the alleged illegal drugs at issue. Following witness interviews prior to trial, Mr. Gapasin also discovers that blood samples from the client not only involved a defective chain of custody, but one of the custodians of the samples knew the test sample was contaminated due to foreign substances. Mr. Gapasin filed motions to the Court addressing these serious legal issues. The Government subsequently dismisses the charges just days before trial resulting in only minor administrative punishment. RESULT: Charges DISMISSED Days Before Trial, NO Federal Conviction, NO Discharge.