U.S. v. E-6. Estranged Wife Accuses Military Policeman of Domestic Violence, Possessing and Viewing Child Pornography, and Molesting her Twelve-Year Old Daughter. Aggressive, Solid Defense Results in Full Acquittal of All Charges and Specifications
Mr. Gapasin's client was an MP stationed at Camp Zama, Japan who was charged with two specifications of indecent acts against his twelve-year old daughter, and two specifications for the use and possession of child pornography on his home computer. His estranged wife, also an NCO, made all accusations. Just days before trial, Mr. Gapasin's client was offered a Chapter 10 with a General, Under Honorable Conditions Discharge. A Chapter 10 is a type of discharge that occurs in lieu of going to court-martial. After speaking with Mr. Gapasin and co-counsel Mr. Timothy Bilecki, the client turned down the Chapter 10 and opted instead to go to trial, thereby risking a possible guilty finding that could result in over 15 years of confinement and sex offender registration. A 5-day trial ensued. Mr. Gapasin and Mr. Bilecki exposed considerable flaws in the prosecutor's investigation on how the alleged child pornography was downloaded. Mr. Gapasin cross-examined the daughter, eliciting evidence that the alleged 12-year old victim daughter clearly lied in accusing Mr. Gapasin's client of molesting her. The evidence pointed to her clear motives to lie and ruin the client's career because her mother brainwashed her. Mr. Gapasin and Mr. Bilecki argued that the mother did this so she could win custody of their daughter after a pending divorce. After five days of heated litigation, the Court found the client Not Guilty of All Charges and Specifications.