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February 1, 2017, U.S. v. E-6, United States Air Force, RAF Lakenheath, United Kingdom. The defense also obtained an expert in the field of pediatric ophthalmology regarding retinal hemorrhages suffered by the child. Tech Sergeant is accused by ex-wife of rape after drinks at a resort hotel in Guam. January 17, 2014, Fort Belvoir, Maryland. But the alleged victim testified she was raped in the early morning hours before the sun came up at 0630because it was too dark to physically identify her attacker. Gapasin cross-examined several witnesses and introduced a number of documents to include Agent Investigators’ Reports as well as sworn statements by witnesses who were present during both incidents. RESULT: GOMOR is Locally Filed, to be destroyed upon transfer. U.S. v. E-3. Represented numerous service members charged with sexual assault and military-specific offenses. Government prefers charges against Sergeant for Article 120 sex assault charges. Multiple specifications are eventually deemed insufficient by the Military Judge and the Government opts to dismiss those specifications. Gapasin advocated on behalf of his client, focusing not only on the mitigating circumstances of the case, but also on forensic evidence such as text messages that exonerated his client. © 2020 Worsham & Gapasin, LLC All Rights Reserved. Government also prefers specifications for assault and battery on a civilian spouse of another Soldier, and for indecent language to a Private First Class. Mr. Gapasin’s investigators discover several facts in the background of the alleged victim that reveal motives to fabricate false rape allegations. Gapasin hints, however, that there would be consequences of the Company Commander’s Drill Sergeant and the maltreatment and death threats Gapasin’s client had to endure. 153.2.3 Court-martial case files and related records. August 8, 2018, In Re K.C. Result: FULL RETENTION, NO DISCHARGE, and NO Federal Conviction from a Court-Martial. Lastly, Gapasin presented the Government with its “Alibi” witness, who was expected to testify that Gapasin’s client was not even in Alamogordo, NM at the time of the alleged distribution. In 1994, it changed that court’s name again to the … The charges are later referred to trial. Following a contentious Article 32 hearing and several motions filed by Mr. Gapasin, all serious assault and battery charges as well as both statements for false official statement were dismissed. Refusal to prosecute allows Soldier his opportunity to leave the Army with Honorable characterization of discharge. Mr. Gapasin fully prepared his client to take the stand, which the client did at the end of the defense case. Mr. Gapasin aggressively requests certain discovery items, i.e., mental health records of the alleged victim and a diary of hers discovered 2 weeks before trial. The client already received an Article 15 for the first charge back in early 2008; however, prosecutors re-charged the same offense to paint the client as a serial rapist. Circuit Court. Navy CDR (O-5) with 24 years of service pleads guilty in federal court conspiring in the receipt and distribution of a large quantity of narcotics. The court rendered an adjudged sentence of 6 months confinement and reduction to E-4. Applicant’s entire career rested on maintaining his security clearance. Following witness interviews prior to trial, Mr. Gapasin also discovers that blood samples from the client not only involved a defective chain of custody, but one of the custodians of the samples knew the test sample was contaminated due to foreign substances. Staff Sergeant denies intentional use, stating that he must have innocently ingested when he frequented hookah lounges that must have had unclean or dirty hookahs with THC residue. Note: These are real case results from cases that Michael and Alexandra have personally defended. RESULT:  ALL CHARGES DISMISSED. Gapasin also attacks questionable DNA evidence collected in the hotel room by the local County Sheriff. The Government subsequently withdraws its pursuit of a court-martial and instead proceeds with non-judicial punishment. Any misconduct on the Sergeant’s record will completely end his career in law enforcement. Represented service member alleged to have committed war crimes in Afghanistan, to include the alleged murder of several Afghan citizens during military operations. Further yet, there are also cases Mr. Gapasin obtained testimonial immunity on behalf of his client in order to protect them from serious convictions for offenses such as negligent homicide, high-level drug distribution, and even aiding and abetting in a high-profile case involving murder and alleged war crimes in Afghanistan. Gapasin aggressively represents his client during the pre-preferral phase of the case. December 6, 2018, U.S. v. O-4, United States Army, National Capital Region. RESULT: COMPLETE DISMISSAL of Forcible Rape Charge and other related charges, NO Sex Offender Registration, NO Federal Conviction, NO Confinement. In both instances, Mr. Gapasin’s client is alleged to have gone to the Camp Zama Club (an on post entertainment facility) with the females and later engaged in sexual acts with them against their will. 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. Only found guilty of pointing an unloaded firearm. At trial, Gapasin cross-examines the alleged victim, revealing her misperception of events and her motives for reporting the incident as rape, even though she apparently consents to losing her virginity. Instead, prosecutors pursue lesser level of disposition and Soldier receives non-judicial punishment for violations under General Order #1. Accused hires Mr. Gapasin to represent him. Soldier is accused of possession and distribution of child pornography. Gapasin reveals girlfriend’s true motives for revenge and to ruin client’s career with false allegations of assault. NCO is adamant that medication was innocently ingested at a wedding. U.S. v. E-7. NO Confinement, NO Federal Conviction, NO Sex Offender Registration. A Navy Sailor, HT3, is accused of wrongful use of marijuana (THC) by her command after she supposedly failed an urinalysis. Major (O-4) is accused of wrongfully and knowingly ingesting THC, or marijuana, after testing positive in a urinalysis. Government prefers four charges against Sergeant of filing false and fraudulent claims (Arts. NO Sex Offender Registration. The expert was necessary to aid the defense in determining the amount of force used. November 23, 2015, Fort Leavenworth, Kansas. NO Federal Conviction, NO Confinement, NO Discharge. NO Sex Offender Registration. NO Discharge. U.S. v. E-3. Mr. Gapasin takes case to trial and aggressively cross-examines the female trainees on the stand. NO Federal Conviction, NO Confinement. NO Federal Conviction, NO Confinement, NO Sex Offender Registration. Gapasin conducts extensive investigation and becomes aware of serious misrepresentations made by the accused’s estranged wife. Gapasin cross-examines these Government witnesses effectively revealing that his client was the subject of constant demeaning bullying by those alleged victims. November 8, 2012, RAF Lakenheath, United Kingdom. The victim recorded the admission, which was used as evidence to bring Briggs to trial. RESULT: NOT GUILTY of All Charges and Specifications. Based upon Mr. Freeburg’s advice, Client demands that the case go to a full court-martial. RESULT: FULL ACQUITTAL, NOT GUILTY to ALL Charges and Specifications. They questioned him and the client showed them his lease agreement between his mother’s husband and himself, and explained that he was using his mother’s business address for mail, which was easier for her. The client contested the wording of the sworn statements as well as the testimony of his three accusers. Security Forces Staff Sergeant is accused of multiple specifications of dereliction of duty in his role as a member of Security Forces. February 14, 2014, Kirtland Air Force Base, Bernalillo, New Mexico. According to Coast Guard Commandant Adm. Schultz, the Coast Guard has seen a 12% uptick in search-and-rescue cases this year. These videos were somehow “leaked” to the press and eventually shown by television media and also went viral. His command denies him the court-martial and instead gives him a reprimand and initiates a separation board, citing not just the alleged drug use but also 3 PT failures resulting in an administrative demotion. In those cases, the Air Force Court of Criminal Appeals cited the Mangahas case in overturning the service members' rape convictions and dismissing the charges. July 24, 2014, Fort Hood, Texas. Her testimony was evasive and revealed a lack of credibility. Client has only 18 months prior to retirement. Major’s Career is saved. The Captain was present in that group. Gapasin advocates on behalf of the client, arguing facts that were elicited at the Board of Inquiry that reveals his client’s innocence. Officer is accused of abusive sexual contact of female Soldier along with other allegations of conduct unbecoming an Officer and fraternization. Highly-Decorated Corporal is charged with multiple specifications of maltreatment and assault of one of the Soldiers in his squad. Accused Soldier is charged with 15 specifications of domestic violence against his wife and children. August 21, 2012, Davis-Monthan Air Force Base, Tucson, Arizona. Following Gapasin’s aggressive cross-examinations and closing argument logically stating the reasons for retention, the Officer Board agrees and retains Gapasin’s client. First Lieutenant is accused of forcible rape and several counts of assault and battery by estranged spouse, who is another Lieutenant whom he met in the Basic Officer Leadership Course (BOLC). Gapasin aggressively prepares for the board and calls two former O-5s to testify on his behalf. As a result, the parties entered into a guilty plea where the prosecutors came down from their original 10 years to only 6 months confinement. A Chapter 10 is a type of discharge that occurs in lieu of going to court-martial. Additional evidence put on by Gapasin indicated that his client had gone to a hookah lounge within days of his UA resulting in the positive result of 20 ng/mL of THC. Among those watching the proceedings will be Harmony Allen, the airman raped by Collins, and representatives from Protect Our Defenders, an advocacy group for military sexual assault victims that penned an amicus brief to the U.S. Supreme Court protesting the CAAF decisions. Sergeant First Class is accused by a female NCO of abusive sexual contact and indecent exposure. Mr. Gapasin takes case to trial and the client is acquitted of the sexual offenses and assault and battery. ft.), 1809-1939; with index, 1891-1917. Its all or nothing – and winning is everything. RESULT: NOT GUILTY of ALL Charges and Specifications, NO Federal Conviction, NO Sex Offender Registration. Client receives a notice several months later, however, indicating that his security clearance would be revoked due to these inappropriate sexual relationships. Master Chief with 28 years in the United States Navy faces serious sexual assault charges to include stalking. After extensive preparation with Mr. Gapasin, the client took the witness stand andtestified why she believed she needed a firearm to defend herself. March 22, 2018, U.S. v. GS, Magistrate Court, Fort Leonard Wood, Missouri. RESULT:  NON-PUNITIVE Letter Only. Equal Employment Opportunity (EEO) investigations were even initiating amidst claims of employees that others were targeting African-American families and claiming fraud. Below are additional cases that involved legal issues only experienced civilian defense counsel should handle. RESULT: ALL Charges and Specifications Dismissed and Withdrawn. Charges are preferred against the Staff Sergeant and he retains Mr. Gapasin to represent him. This is because she reported two days after receiving notice from her company commander that an investigation against her for adultery was inevitable. Her Staff Judge Advocate (SJA) and Deputy Staff Judge Advocate (DSJA) push for her involuntary separation thereby denying her medical benefits upon discharge. Under questioning by Mr. Gapasin, the prosecutor’s own Sexual Assault Nurse Examiner testified that the dark coloration of the bruises in relation to the timeline provided by the alleged victim revealed that the bruises could not have occurred when she claims to have been assaulted. RESULT:  DISMISSAL of ALL Charges just before motions hearing. GCW Law is retained and Mr. Nathan Freeburg conducts an extensive investigation of the file. Freeburg aggressively advocates on behalf of his client before a military panel. With the advice of Mr. Freeburg, client maintains his innocence throughout the board process. Statements with the EFMP personnel reflect backbiting and numerous accusations against each other. 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NO Sex Offender Registration. Client, a Captain (O-3) retains Mr. Gapasin to represent him at an officer separation board. The board comprised of officers all agreed. Following argument at the Article 39(a) motions hearing on the first day of the trial, Military Judge grants Gapasin’s Motion to Dismiss. Bryan Starr, 35, surrendered to officials in Russell County after being charged in the death of Austin Birdseye. Gapasin focuses on the mitigating factors in the case as well as the extenuating circumstances of the offenses. The three officer board deliberates. She alleges that as they ended their relationship the Staff Sergeant forcibly raped her in the shower, taking away her virginity “on the way out the door.” Staff Sergeant is charged with rape under Article 120 and faces maximum punishment of life confinement. Court-martial case … With Mr. Gapasin as counsel, Officer obtains minimal NJP punishment. Client maintains from the beginning he was engaged in self-defense from an aggressive NCO. U.S. v. E-3: Soldier accused of assaulting four Korean males and committing false official statement, disrespect of an NCO. 1, of using excessive force during combatives, and of general “roughhousing” and maltreatment of his Soldiers. Gapasin also pointed to the client’s debilitating health situation and how loss of his health insurance with an involuntary separation could result in the collateral consequence of a life-threatening situation. This Soldier accuses him of kicking him during corrective training, communicating a threat and pointing both loaded and unloaded weapons at him at multiple times. U.S. v. E-3. Toll-free: 1 (888) 919-8265 | E-mail: info@militarylawyer-defense.com. RESULT: After over 30 days of being AWOL, Client is successfully discharged from the U.S. Army. Airman First Class instead retains Mr. Gapasin to defend him in his court-martial. December 8, 2015, Joint Base Elemendorf-Richardson, Alaska, U.S. v. E-3. NCIS interrogates accused who gives a statement of the incident in question. The Government charges the Lieutenant with sexual assault and conspiracy to commit sexual assault. August 26, 2020, U.S. v. E-6, United States Army, Fort Knox, Tennessee. Gapasin revealed how both accusers used false sex assault allegations to avoid some form of administrative punishment. Meanwhile, the prosecution does everything possible to oppose the trial being delayed in order to disadvantage the defense. They testify that the Client had been asleep in the back seat of a car while several civilians were smoking marijuana with the windows up thereby causing her positive urinalysis result. Client prepares an affidavit and includes in the submission. NO Sex Offender Registration. Captain had been convicted on several charges in State civilian court and was now facing separation in a Board of Inquiry. Client adamantly denied sending a text that said, “you can’t rape your wife.”  This was a text that was contained within the faked text message stream provided by the accuser. Three days before trial, the Government relents and requests a continuance. NO Federal Drug Conviction, NO Confinement, NO Discharge. RESULT:  NO Federal Conviction, NO Court-Martial. Mr. Freeburg then files five aggressive, lengthy motions to the Military Judge seeking to dismiss various charges. For up to two hours, this key witness refuses to respond credibly to Gapasin’s cross-examination questions. Following their own investigation, Mr. Gapasin and his client discover that many of the Soldiers begin retracting their original statements made to investigators. Staff Sergeant refuses and instead retains Mr. Gapasin to represent him. Mr. Gapasin obtained testimonial immunity on behalf of his client and he was cleared of all charges and allegations. Captain retains Mr. Gapasin to represent him. Just two duty days before trial, certain witnesses receive immunity and Gapasin interviews the witnesses revealing clear problems with the credibility of the Government’s “snitches.”  Gapasin continues to press to trial. Client faces a potential Dishonorable Discharge, years in prison and the loss of his retirement. Marine Sergeant is accused of conspiracy, effecting unlawful enlistment, misprision of a serious offense, making false statements and other offenses. Gapasin engages the DoD IG appointed to investigate this high-profile Whistleblower case. This Airman continues to “play the victim and not the bully” from the witness stand. Sergeant faces considerable confinement and the possibility of a punitive discharge after being charged with allegedly submitting false lodging receipts for seeking reimbursement for utilities and other living expenses that he purportedly was not entitled to. Government asks for considerably more confinement and a Bad Conduct Discharge. Contrary to the speculation expressed by the doctors who provided the initial treatment, the Oklahoma doctors testified that in their medical opinion, the child’s condition had returned to normal and that she would live a normal, active life. The Government prefers 13 specifications for rape, sexual assault, assault and battery, conduct unbecoming an officer and a gentlemen, communicating a threat, extortion, and violating a lawful order. Two sex offender registerable offenses remained for trial. Also facing separation for allegedly being AWOL from his unit. The U.S. Supreme Court has agreed to hear the federal government’s case against a military court ruling that reversed several military rape convictions for crimes committed more than a … Seven years after the crime, Briggs called the victim to apologize, saying in the conversation that he would "always be sorry for raping" her. NO Federal Conviction, NO Confinement, NO sex offender registration. NO Sex Offender Registration. NO Reduction in Rank. Trial End Date Base Location Rank First Name Last Name; Filter cases … 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. She allegedly told family members and friends she was being sexually harassed by a fellow soldier. January 11, 2013, Fort Leonard Wood, Missouri. Represented service member for allegedly stealing over $60,000 in items from the PX in South Korea over the course of several months. Panel acquitted Mr. Gapasin’s client of all serious charges including the Article 120 charge. October 16, 2017, U.S. v. O-3, United States Army, Camp Zama, Japan. Mr. Gapasin proactively engages in steps for immediate dismissal of case. Alleged victim Airmen incurs a broken jaw resulting in multiple surgeries with extensive recovery. Represented service member for his alleged act of assaulting a South Korean taxi cab driver with a knife. September 25, 2012, Fort Carson, Colorado Springs, Colorado. Misconduct UNSUBSTANTIATED. August 10, 2017, U.S. v. E-6, United States Air Force, F.E. At the separation board, Gapasin focuses on a lack of knowledge of actions taken by his wife thereby proving he could not have intended fraud, as well as the existence of a forensic handwriting examination of his client’s signature that illustrated inconclusive findings as to whether his client forged documents. Gapasin seeks to argue how his client had overcome the reason for the show cause proceeding by emphasizing the client’s performance and exemplary conduct since the initiation of the investigation against him. RESULT: Charges DISMISSED. Richard Collins, who raped an airman in 2000, and Air Force Lt. Col. Humphrey Daniels, convicted of raping a woman in Minot, North Dakota, in 1998. The female Officer accused the Lieutenant of sexually assaulting her when she was under the influence of alcohol during a study session between the two of them. No Federal Conviction, No Separation for DUI, NO Confinement. Staff Sergeant only wants to be discharged from the Air Force without Under Other Than Honorable (UO). May 5, 2017, U.S. v. E-4, United States Air Force, Holloman AFB, New Mexico. The Department cites disqualifying security concerns involving a student loan debt that was charged off in the amount of $97,000. Base: Location: Case Details. Without this intent, Freeburg can prove the taking of the substance was not wrongful and would therefore lead to an acquittal. RESULT:  3-0 Vote by the Board that the allegations were UNSUBSTANTIATED. In the second charge, Mr. Gapasin’s client was alleged to have physically restrained the alleged victim while violently raping her inside of another Soldier’s barracks room until someone walked in on them while they were having sex. NCO denies these allegations and retains Mr. Gapasin to represent him. NO Discharge. NCO gave a statement to law enforcement and did confess to possibly touching the female NCO in a sexual manner, but claimed that it was accidental. November 25, 2018, U.S. v. E-5, United States Marine Corps, Marine Corps Recruiting Depot, San Diego, California. Unit initiates non-judicial punishment with the intent of separation but never provides the Sergeant First Class with evidence supporting the allegations. Officer Panel acquits client of forcible oral sex. Ever since the investigation began, Mr. Gapasin’s client maintained that she acted in self-defense against her then-husband, the alleged victim. RESULT: NO Sex Offender Registration, NO Federal Conviction, NO Discharge. Gapasin forwards the results to the Virginia Beach Police Department, CID and the Staff Judge Advocate’s office. Gapasin goes to trial and cross-examines several high-ranking members of this Special Forces unit. The board composed of an O-6 and two O-5s recognize that the allegations against the client are unsubstantiated  RESULT:  FULLY RETAINED. Gapasin also elicits the alleged victim’s true feelings for his client, and how his abrupt termination of their relationship before his PCS to Cannon AFB clearly led to her disappointment and to a subsequent unsuccessful relationship. Mr. Gapasin prepared a solid clemency case to the Convening Authority. She then returned to law enforcement to pick him out of the lineup. Government asks for considerably more confinement and a Bad Conduct Discharge. March 31, 2016, Torii Station, Okinawa, Japan, U.S. v. E-7. The case is investigated by C.I.D. Gapasin not only attacks her perception, but her credibility as well due to her numerous inconsistencies and contradictions in interviews with the El Paso Police Department, the Sexual Assault Nurse Examiner (SANE) and CID. Over the course of several months, LCpl informs his chain of command that he is suffering from a very serious hip injury that prevents him from carrying out his duties as a Marine. After much argument from both sides, the Article 32 Investigating Officer granted the Defense request to delay, and the Battalion Commander granted the Defense request to have an expert pediatric neurologist appointed to the defense team pre-Article 32. United States does not move forward. Charges are preferred against Staff Sergeant and he retains Mr. Gapasin to represent him. April 14, 2018, U.S. v. E-7, United States Army, Vicenza, Italy. Soldier with 14 years is accused of six specifications of maltreatment against NCOs and junior enlisted Soldiers. RESULT:  Client found NOT to have violated DoD Whistleblower Regulations, and allegations of such violations are held UNSUBSTANTIATED. At the court-martial, Mr. Gapasin aggressively cross-examines client’s estranged spouse who fully recants from the stand and admits to fabricating allegations that NCO husband choked her in order to escape the marriage. NO Dismissal. Specialist is fearful of his Drill Sergeant, who had previously held a knife to the Specialist’s throat threatening to kill him. Facing six (6) specifications charged against him, the accused Soldier retains Mr. Gapasin to represent him. For more intriguingly famous court-martial cases, check out the courts-martial of Nidal Malik Hasan, William Calley, George Armstrong Custer, and Benedict Arnold. Private is also accused of violating an order not to drink alcohol. The Government refers the case to a Special Court-Martial. September 5, 2019, U.S. v. E-5, United States Army, Fort Wainwright, Alaska. The Government prefers charges against Military Police client for wrongful possession of illegal drugs. September 18, 2014, Kaiserslautern, Germany. July 16, 2019, U.S. v. E-6, United States Marine Corps, Iwakuni, Japan. The Military Judge even rules in favor of Gapasin’s Motion that an appearance of Unlawful Command Influence (UCI) existed when the Staff Judge Advocate and Wing Commander appeared to influence the base’s Chief Master Sergeant, who had agreed to testify on behalf of client. Gapasin represents his client at the Article 32 Preliminary Hearing and immediately exposes problems with the Government’s evidence. RESULT: Charges DISMISSED. Senior Airman retains Mr. Gapasin to take his case to trial in order to avoid a Federal Conviction for drug use, which could seriously affect any employment following his Air Force career. Officer denies these allegations and refuses to agree to a guilty plea proposed by the Government to his detailed military counsel. He is also charged with dereliction of duty for failing to maintain a professional relationship with one of his female Airmen. RESULT: NOT GUILTY of Sexual Assault. Staff Sergeant retains Mr. Gapasin. The Article 32, which did not proceed under the recently passed NDAA 2015, took place over the course of two days. Media coverage by Air Force Times due to sexual offense allegations of this accused flier. March 18, 2015, USAG Wiesbaden, Germany. While awaiting separation, the Navy convenes a Board of Inquiry to separate the officer with a reduced retirement grade of LCDR (O-4), which would have cost him approximately $250,000 in eventual retirement benefits between the two ranks. Represented service member charged with negligent homicide after alleged use of prescribed fentanyl patches with another member of his unit who then succumbed to an overdose. Honorable Characterization of Discharge. After preparing for every eventuality, Mr. Freeburg uses cross-examination and expert witnesses to destroy the government’s case in front of a military jury. The Navy is a branch of the military that currently requires the initiation of separation even if the use is discovered only because of the sailor’s self-referral. Seaman Apprentice is accused of sexual assault by his estranged spouse and ordered into pre-trial confinement. Major in the Army Reserves is accused of multiple accusations, to include changing her OER with the intent to misrepresent, disrespect of a superior officer, false official statement, and other acts of alleged moral dereliction and substandard duty performance. Sergeant First Class is charged with three specifications of sexual assault under Article 120, UCMJ, and eleven other charges, to include violation of a lawful order (Article 92, UCMJ), maltreatment of subordinates (Article 93, UCMJ) and adultery (Article 134, UCMJ). Navy prosecutors initiate Captain’s Mast against the Sailor and he immediately retains Mr. Gapasin. The Trial Judiciary is a joint Navy-Marine Corps activity led by a Chief Trial Judge who serves as Officer-in-Charge. At sentencing, Gapasin argues for no more than 45 days confinement and for no discharge. At stake, but did not want to continue with his career without the fear a... He retains Mr. Gapasin argued that his client discover that many of the wrongful use of marijuana when he hot. Weeks of trial behalf, to be filed in his current rank of CDR, Whiteman AFB, New,... Registerable offenses by engaging in reprisal against his estranged wife was actually fabricated allegations your. Aggressive motions based on using his position as a trainer and professor military. Her against these false allegations of false official statement ( Art 107 and... With damages to the Court addressing these serious legal issues client of all and. Multiple bruises on the mitigating nature of his client to serve only minimal punishment, NO Conviction. 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