U.S. vs. E-5. Enlisted Panel Believes the Client, Not Law Enforcement. Never Say Die Attitude by Defense Lawyers Results in Acquittal of Sex Assault Charges.
Mr. Gapasin's client was charged with three specifications of sexual assault against three separate purported victims. The client was also charged with onespecification of aggravated assault, and one specification of false official statement. The case was preferred in September 2008, but did not go to trial until October 2010. Approximately two months before the trial, a fourth charge of rape was preferred regarding a fourth Private. This fourth charge for rape was not included in the referral of the charges for the prior three allegations. Despite the client's three sworn statements to military law enforcement wherein the statements included considerable detail about the alleged sexual assaults, e.g., pressing his hand against one of the Private's mouths, the Defense advised the client to take the stand and testify in order to clarify what he actually said versus what law enforcement typed down. The client contested the wording of the sworn statements as well as the testimony of his three accusers. Mr. Gapasin's client was found Not Guilty of all three sex assault charges, thus saving him from registering as a sex offender. The court-martial took over two years from preferral to trial, and included video depositions at Fort Carson, and two Article 32 hearings in Korea. Because Mr. Gapasin and co-counsel Mr. Frank Spinner fought hard on the client's behalf, he was able to move on to civilian life without registering as a sex offender.