Young Soldiers Are Not Believed By Panel, Highly Qualified NCO Medic Found NOT GUILTY of Sex Assault And Maltreatment
March 16, 2022, U.S. v. E-5, General Court-Martial, United States Army, Fort Rucker, Alabama. Sergeant is a 68W, Medic, out of the 2-506th Infantry Regiment, Fort Campbell, KY, the same regiment which the acclaimed mini-series, Band of Brothers, is based on. The Government prefers multiple charges and specifications against the Sergeant, to include 6 specifications under Article 120, sexual assault, and 8 specifications under Article 93 for maltreatment. The Government alleges the Sergeant committed such crimes by ordering 6 of her junior enlisted Soldiers to perform core temperature checks on each other during a medic platoon field exercise. These Soldiers claim they were in fear of saying no because of her tough reputation. The Sergeant retained Mr. Gapasin to represent her. At trial, the Government argues how the training is unnecessary and rarely conducted on a live human being. If it ever is conducted on a live human being, then there at least must be full consent. The Government also calls a witness who is an instructor and writer of guidance and policies for 68W medics. She testified how TRADOC simply does not train such procedures because it is "inappropriate." Gapasin, however, focuses on how critical obtaining core temperature was in the treatment of heat casualties. Core temperature is a vital sign, and if the medic fails to obtain an accurate reading of the patient's temperature, serious injury and even death can occur. Gapasin elicits testimony from 2 defense witness how 2 mass casualty events occurred on Fort Campbell which subsequently led to the manner in which the client was trained. Gapasin also elicits how a Battalion XO was admitted to the ICU due to medics incorrectly obtaining his core temperature. Gapasin argues how his client was training her Soldiers just as her prior leadership had trained her to obtain core temps, i.e., with live human beings. Gapasin further argues how his client was conducting essential training on a "common medic task." The Government litigates the case aggressively, with the JAG Corps even assigning an "HQE" to assist the prosecutors. HQEs are Highly Qualified Experts and are considered the most experienced of civilian litigators employed with "TCAP", the Trial Counsel Assistance Program out of Fort Belvoir, VA. Contrary to the Government, Gapasin argues how the evidence should not be viewed "from the top", but instead at the unit level, and how she was an NCO training her Soldiers on an essential skill in the same way she was trained. RESULT: NOT GUILTY of ALL 14 Charges and Specifications. NO Federal Conviction, NO Confinement, NO Sex Offender Registration.