FULL ACQUITTAL, NOT GUILTY to ALL 13 Specifications. NO Sex Offender Registration. NO Confinement. NO Federal Conviction.
June 9, 2016, Fort Campbell, Kentucky U.S. v. O-2. First Lieutenant is accused of forcible rape and several counts of assault and battery by estranged spouse, who is another Lieutenant whom he met in the Basic Officer Leadership Course (BOLC). The Government prefers 13 specifications for rape, sexual assault, assault and battery, conduct unbecoming an officer and a gentlemen, communicating a threat, extortion, and violating a lawful order. The Government also charges the client with the sexual assault of his first ex-wife. The First Lieutenant retains Mr. Gapasin to represent him in this case involving spiteful, bitter domestic issues. At trial, Gapasin reveals a number of alarming facts: how the alleged victim had a male officer stay at her home just days after filing for divorce, how she and the client had an adventurous sex life seeming to show consent or mistake of fact, and most importantly, that she had a motive to fabricate when she reported. This is because she reported two days after receiving notice from her company commander that an investigation against her for adultery was inevitable. Gapasin also called an expert in cell phone forensics to testify that a text message stream that she took screenshots of and provided to law enforcement had been modified. Client adamantly denied sending a text that said, “you can't rape your wife.” This was a text that was contained within the faked text message stream provided by the accuser. Gapasin's cross-examination of the alleged victim put the nail in the coffin. Her testimony was evasive and revealed a lack of credibility. The ex-wife declined to participate following the filing of Gapasin's motions and discovery submissions. RESULT: FULL ACQUITTAL, NOT GUILTY to ALL 13 Specifications. NO Sex Offender Registration. NO Confinement. NO Federal Conviction.