NOT GUILTY of ALL Charges and Specifications. NO Federal Conviction, NO confinement, NO sex offender registration.
February 12, 2021, U.S. v. E-5, United States Army, Kaiserslautern, Germany. Military Police Sergeant is charged with 9 specifications under Article 120 for rape and sexual assault, 1 charge under Article 128 for strangulation with a force likely to produce death or grievous bodily harm, and 1 specification for AWOL. Sergeant retains Mr. Gapasin just prior to the preferral of charges. Throughout the court-martial, Gapasin aggressively represents the client, filing motions for dismissal due to Unlawful Command Influence (UCI), and alleging the defective referral of the Article 128 strangulation charge. The Military Judge did rule in favor of Gapasin pertaining to the defective Article 32 Preliminary Hearing so the judge ordered a second hearing. The second Article 32 preliminary hearing also resulted in a finding of No Probable Cause as to the AWOL charge. Gapasin had successfully litigated an MRE 412 motion to allow in key emails and text messages involving sexual behavior. At trial, Gapasin thoroughly cross-examines the alleged victim using a number of emails and text messages to impeach the alleged victim's testimony. Gapasin's theory was that due to his client divorcing the alleged victim, she quickly regrets compromsing throughout the marriage and once the client divorces her, she seeks vindication. RESULT: NOT GUILTY of ALL Charges and Specifications. NO Federal Conviction, NO confinement, NO sex offender registration.