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Charges DISMISSED The Day Before The Article 32 Hearing.

April 1, 2015, Fort Leavenworth, Kansas. U.S. v. O-3.  Captain in the Army is false accused of sexual assault of a female Lieutenant when they were both stationed in Germany and before returning to the States.  According to the Lieutenant, a group of officers hung out after a night of drinking and slept in the home of another officer following a social gathering.  The Captain was present in that group.  Following that night, she accused the Captain of sexually assaulting her and charges under Article 120 were preferred against him.  The Captain vehemently denied the accusations and retained Mr. Gapasin to represent him.  Prior to the Article 32 Hearing, it was learned through diligent investigation that the Lieutenant had engaged in a prior inappropriate relationship in Germany and could have been facing disciplinary action.  Moreover, she could not identify the client in a lineup until after she finally saw him for the first time at a hail and farewell.  She then returned to law enforcement to pick him out of the lineup.  Mr. Gapasin pursued the investigation aggressively and listed approximately 20 witnesses to testify at the Article 32 hearing, to include whom she had the inappropriate relationship with as well as another witness who had previously been falsely accused by the Lieutenant of sexually assaulting her.  The day before the Article 32 Hearing, the Lieutenant declined to proceed. RESULT:  Charges DISMISSED The Day Before The Article 32 Hearing.

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