FULL ACQUITTAL of All Charges and Specifications. NO Confinement, NO Federal Conviction, NO Sex Offender Registration.
October 13, 2017, U.S. v. O-2, United States Army, Fort Bliss, El Paso, Texas. First Lieutenant is accused of sexually assaulting a female Private. Private alleges that following a military ball, the Lieutenant and a Captain met her at a bar and conspired to bring her back to the Lieutenant's apartment. She alleged that the purpose was to sexually assault her while she was incapable of consenting due to alcohol. She claimed very little recollection at his apartment due to her intoxication. She claimed to remember the Lieutenant being on top of her and also forcing her to perform oral sex while the Captain observed. Her memories were “hazy” and she only remembered pieces of the evening. The Government charges the Lieutenant with sexual assault and conspiracy to commit sexual assault. Lieutenant retains Mr. Gapasin to represent him. At trial, Gapasin argues how the DNA evidence obtained through a forensic examination points to the co-accused Captain as the one who had sex with the Private. Gapasin also argues how the Private was afflicted with “alcohol myopia” which distorts perception and results in a misperception of the context of events, in that she believed the client was having sex with her when it was actually the Captain. Gapasin cross-examines the alleged victim, later arguing how her responses were evasive and failed to provide the “evidentiary certainty” needed for the Government to satisfy its burden of proof. Gapasin not only attacks her perception, but her credibility as well due to her numerous inconsistencies and contradictions in interviews with the El Paso Police Department, the Sexual Assault Nurse Examiner (SANE) and CID. RESULT: FULL ACQUITTAL of All Charges and Specifications. NO Confinement, NO Federal Conviction, NO Sex Offender Registration.