U.S. vs. E-7. Child Pornography Case. Mr. Gapasin Exposes Unethical Conduct by Military Law Enforcement. Mr. Gapasin Fights Relentlessly Allowing Client to Successfully Retire as an E-6 after 22 Years Of Dedicated Military Service.
Charges were preferred against Mr. Gapasin's client for soliciting, distributing, receiving, and possessing images and videos of child pornography. The client possessed at least 625 images and videos of child pornography within a period of 6 months. Also, Mr. Gapasin's client distributed at least 227 images and videos of child pornography toother individuals and received images and videos of child pornography from other individuals. The client also made and published notices and advertisements through Giga Tribe chats and emails seeking and offering to receive, exchange, distribute, and reproduce visual depictions of minors engaging in sexually explicit conduct. The clientalso possessed 3,979 images and videos of “child erotica.” Through cross-examination at the Article 32 Hearing, Mr. Gapasin exposed how the lead CID agent modified the Agent's Investigation Report (AIRs) in order to hide from the defense a problem withthe chain of custody to crucial evidence. Mr. Gapasin elicited testimony by this agent that he had modified the AIR to reflect an “unbroken” chain of custody of the evidence.Under cross-examination, the CID agent admitted he knew that the Defense would review the AIRs. Defense used this clear violation as a means to reach an acceptable deal. The client had previously provided CID with two incriminating sworn statements as well as a consent to search all of his personal hard drives. The court rendered an adjudged sentence of 6 months confinement and reduction to E-4. Mr. Gapasin did not quit there, and fought hard for clemency. Mr. Gapasin prepared a solid clemency case to the Convening Authority. The Convening Authority reinstated Mr. Gapasin's client to E-6, allowing him to retire after a 22 year career.