U.S. vs. O-1. Cross-Examination of Assault Victim Reveals His Drunken State and Exaggeration of What Happened. Cross-Examination Results in Full Acquittal of All Charges and Specifications.
Mr. Gapasin's client, a Second Lieutenant Military Policeman, was charged with physically assaulting another Second Lieutenant from his Basic Officer Leadership Course (BOLC). The two were on a vacation in Las Vegas with the client's family. Mr. Gapasin's client was also charged with conduct unbecoming for failing to pay a gambling debt to the alleged officer-victim as well as for drunk and disorderly conduct. The drunk and disorderly conduct was eventually dismissed following the Article 32 Hearing, where Mr. Gapasin elicited testimony by the alleged officer-victim at cross-examination that his client was not acting drunk or disorderly in any way. At trial, Mr. Gapasin cross-examined the Second Lieutenant who claimed to have been cheated out of a $700 roulette bet that he claimed was a loan to the client. Mr. Gapasin attacked the victim's credibility and revealed how intoxicated the victim was on the night in question and how his version of the facts did not follow the timeline, nor was it corroborated by any other testimony that was elicited. Mr. Gapasin also illustrated to the Officer Panel how the victim embellished and exaggerated his testimony. Mr. Gapasin also exposed the victim's lack of credibility and untruthfulness during his cross-examination of the victim and his pending BAH fraud investigation. Mr. Gapasin fully prepared his client to take the stand, which the client did at the end of the defense case. As a result of the hard work of Mr. Gapasin and Captain Alyson Mortier, the Officer Panel Fully Acquitted the client of All Charges and Specifications.