Revealing Inconsistencies And Contradictions Takes Preparation

Posted by Ernesto Gapasin | Mar 28, 2023 | 0 Comments

Preparation is key for winning.  I included a testimonial from my client after a court-martial trial last week.  The trial was a sex assault case, a straight up "He said, She said," type of case.  The result of the court-martial was a full acquittal, findings of NOT GUILTY on each and every specification.  After over 22+ years of trial work, one thing stays the same when it comes to winning in court, and that is that preparation is key for winning.  In this General Court-Martial, we were fortunate enough to have a 2 hour video interview of the alleged victim.  She spoke with CID agents (Army law enforcement) about her allegations.  I was able to use multiple statements from her interview and show inconsistencies and contradictions from later interviews with prosecutors and other witnesses involved in the case.  For example, she told one witness just hours after the alleged assault that she blacked out during the attack.  She never tells the CID agent that she ever blacked out, but the exact opposite, that she was "frozen" in fear but could describe every detail of what occurred.  It takes time to listen to interviews and interrogations multiple times, especially when they are 2-3 hours long.  I had to note the specific time hacks off the video so I could use statements made to impeach the witness in court.  It's diligent preparation that helps to have those inconsistencies and contradictions prepared for trial and ready to use in order to show a witness's lack of credibility.  Without preparation, this court-martial for sexual assault could easily have gone the other way.  

My client's testimonial is below and was given on

I was found NOT GUILTY of all charges which included articles 120 (2 specifications) 120c , 128 (2 specifications). In 2021 Everything felt like it was going well, I met this woman who was going on rotation with me but I was kicked out of it when news came to me saying I was reported for a sharp incident. I was confused but was QUICKLY taken to CID. I thought I could clear up my innocence (because I knew I was innocent) to CID and didn't feel like I needed a lawyer (which was my mistake that got me in the mess with a court-martial in the first place)(Don't talk to CID). They had a bias and didn't like that I kept saying she consented. After all this, I find out I am being charged with attempted rape. Fast forward to feeling like a ghost trapped with no information, flagged, and being singled out. I met my wife near the end of 2021 and married in 2022, she helped me find Mr. Gapasin on his website, when I contacted him, he told me to be honest with everything that had happened and I did, he told me that it was NOT a good idea to talk to CID. He looked further into the investigation and discovered both sides of the accused and accuser, he found that the accuser had so much contradicting evidence and it took her 2 years to admit to prosecutors that she in fact consented to kissing, touching and groping in Court. Mr. Gapasin did amazing always analyzing and using logical explanations in front of the judge and panel members, his cross-examination was incredible by Impeaching the accuser and her witnesses. The panel was in shock when they find out that the accuser was telling different versions of the story. She was constantly giving inconsistent statements that contradicted everything that she told everyone involved in the preparation for the court-martial. Her witnesses were also being VERY untruthful and disrespectful. Mr. Gapasin reminded them what they said to the prosecutors and to the government. When the government stopped bringing in witnesses to the stand Mr. Gapasin brought the CID agent to the stand and revealed the investigation was not properly conducted. Mr. Gapasin crushed it by using ONLY the prosecutor's witnesses. The day of the closing statements the panel members were instructed into the deliberation room and in just 30 minutes in that room the decision for the verdict was made...''NOT GUILTY''.My mind couldn't process if I won. When I turned my head I asked him if I did. He told me ''Congratulations you won!'' My wife, mother, and I hugged and were glad we could live a normal life again. If you are looking for an Intelligent well-spoken lawyer that knows exactly what he is talking about Mr.Gapasin is the one, Who can lead you to victory and win your cases. Trust me I know how it feels like being falsely accused for 2 years and Mr. Gapasin made my nightmares go away!

About the Author

Ernesto Gapasin



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