U.S. vs. O-3. Special Forces Unit Wrongfully Accuse Their Own Soldier and Instead Takes Sides With Untruthful Wife. Defense Never Quits. Full Acquittal of Seventeen (17) Specifications.
Mr. Gapasin's client was a soldier with First Special Forces (Airborne) based out of Okinawa, Japan. He was a team leader who was charged with 17 specifications under the UCMJ: three specifications for willfully disobeying orders; failing to pay BAH to his spouse who he is separated from; failing to obey orders to sign in with the staff duty officer; disobeying a lawful order by possessing a fixed-blade knife with a blade longer than three inches (although he was charged with this, most of the Soldiers in Special Forces had fixed-blade knives with blades longer than three inches — including the former XO, who had a knife with a blade longer than three inches placed on his bookshelf behind his office desk); Mr. Gapasin's client was also charged with two specifications for submitting a false official statement. He was also charged with two specifications under Article 120 for the sexual assault of his estranged spouse; two specifications of aggravated assault; one specification of obstruction of justice; and charged with specifications under Article 133 for allegedly tape-recording a conversation involving his spouse and family members without either party's consent; also for the wrongful wear of military ribbons and awards, as well as other accusations of physical, verbal, and mental abuse against his spouse. All allegations began when theclient's spouse spoke to a physician at Lester Naval Hospital regarding pain to her vagina and intestines. This physician reported allegations of sexual assault. Testimony after testimony revealed that the unit went overboard with charging Mr. Gapasin's client. The alleged victim's testimony was simply not credible, and she clearly embellished and exaggerated. Mr. Gapasin litigated this trial with co-counsel Mr. Michael Waddington for five days. At the end of this five-day trial, the Officer Panel at Camp Zama, Japan found Mr. Gapasin's client Not Guilty of all Charges and Specifications.