Gapasin investigates the claims of his client and recognizes a viable defense. 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. The client possessed at least 625 images and videos of child pornography within a period of 6 months. RESULT: Charges filed under 18 USC 113(a)(5) are DISMISSED WITH PREJUDICE (meaning they cannot be filed in the future). ft.), 1809-1939; with index, 1891-1917. 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. Sergeant uses a credit card to make the purchase which successfully goes through and the laptop is handed to him. Mr. Freeburg develops a strategy for dealing with the apparent confession and exhaustively prepares the client for taking the stand in his own defense in front of a panel. ", He argued, however, that the Briggs and Mangahas decisions by "CAAF ... closed the door on prosecuting rapes that occurred before 2006 -- even admitted rapes.". He also cross-examines the USACIL lab forensic expert and reveals DNA results that are inconsistent with the accuser’s claim that she was forced to perform oral sex in the shower while too intoxicated to consent. The Department cites disqualifying security concerns involving a student loan debt that was charged off in the amount of $97,000. Again, Freeburg successfully employs a U.S. Supreme Court case, United States. Private had already been ordered separated for prior misconduct. January 17, 2014, Fort Belvoir, Maryland. 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. The Government proposed that this Sergeant First Class take a deal by pleading Guilty to both counts in exchange for a cap on confinement, but for multiple months that simply was not equal to the punishment. Mr. Gapasin vigorously cross-examined the alleged victim exposing a number of lies in her testimony at trial and in her prior testimony at the Article 32 hearing. RESULT: NOT GUILTY of ALL Charges and Specifications, NO Federal Conviction. After extensive, aggressive litigation, Mr. Freeburg convinces the Government to dismiss the strangulation allegation. Mr. Freeburg investigates the case and determines that there were civilian witnesses to a potential innocent ingestion defense. U.S. v. E-3. Gapasin reveals at the hearing that an email containing threats to hurt his estranged wife was actually fabricated. According to Coast Guard Commandant Adm. Schultz, the Coast Guard has seen a 12% uptick in search-and-rescue cases this year. Gapasin cross-examines all of the Government’s witnesses testifying against the client. Medical personnel opined it could only have occurred during the eight hour period that the child was in the custody of the babysitter. February 25, 2016, Fort Bliss, Texas, U.S. v. E-7. Have you been arrested? Gapasin aggressively cross-examines female Airman, revealing perjury and even forcing her to confess that she gave a false official statement when she initially reported client. Because the wife was a civilian, Gapasin contacts the Special Assistant United States Attorney (SAUSA) who is JAG and stationed on Fort Campbell. Charges are preferred and he retains Mr. Gapasin to represent him. He also gives a videotaped statement to NCIS. With only a couple weeks before the scheduled trial date, the Government relents and grants Gapasin’s client a Chapter 4, and with a General Characterization of Discharge Under Honorable Conditions. In order to do this, Freeberg limits the defense case. 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. This, more than any other reason, is why you need an experienced lawyer standing by your side. United States does not move forward and the case is subsequently dismissed. After investigating the case and consulting with medical experts, Freeburg realizes that the allegation likely was the result of a dream based upon a movie the child had watched. Applicant is issued a Statement of Reasons denying him his security clearance which he held for over 30 years. Videotape footage of the accuser showing her using her cell phone to look up answers to cheat is provided to prosecutors. CSCM finds himself a suspect of this wide-scale military investigation and faces possible confinement with a dishonorable discharge. 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. Court-Martial resulted in numerous protests on the island and received international media attention. By the conclusion of the Article 32, seven (7) of the originally-preferred nineteen (19) specifications were dismissed. Mr. Gapasin provides advice to the client on dealing with his employers and how best to approach the situation and other personnel with the goal of having the case dismissed. After a full hearing on the merits, the officer panel found him Not Guilty of all of the Article 120 offenses, and of the Article 125 offense. The alleged misconduct included an Article 15 in Bahrain, violating off-base pass privileges, an alcohol-related event at McGhee-Tyson that purportedly included being verbally aggressive with Security Forces and two vehicle incidents involving a fire truck and making contact with concrete security barriers. Represented service member for allegedly using and distributing LSD. Sergeant First Class is accused of the theft of a sensitive military weapon from Marine Special Forces (MARSOC) in Afghanistan. Warrant Officer is suspected of having child pornography in his possession. Government prefers charges against Sergeant for Article 120 sex assault charges. Gapasin focuses defense at avoiding sex offender registration for his client. Gapasin files a motion under MRE 412 to elicit certain consensual sexual behavior between him and the Private. September 18, 2014, Kaiserslautern, Germany. The Government prefers charges and the Staff Sergeant retains Mr. Gapasin to represent him. Mr. Freeburg prepares a solid defense based on the mitigating nature of his client’s dedicated and honorable service. August 28, 2018, U.S. v. E-6, United States Navy, Naval Air Station, Mayport, Florida. U.S. v. E-4. Army officer with 19 years in the military is sent to a Board of Inquiry (BOI) for receiving a DUI and for reckless driving. AM - 39a - Arraignment & Motions. At the separation board, Gapasin vigorously cross-examines Government witnesses and also calls witnesses to testify who confirm that his female client is the subject of discrimination resulting in targeted punishment. RESULT: Full Dismissal. He is also accused of aggravated assault and communicating deadly threats. March 22, 2018, U.S. v. GS, Magistrate Court, Fort Leonard Wood, Missouri. Finally, if you or someone you know is … 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. Accused Soldier is charged with 15 specifications of domestic violence against his wife and children. Sailor is accused of rape of estranged spouse. Sailor is sent to non-judicial punishment. Mr. Gapasin aggressively cross-examines the estranged spouse as well as the alleged victims to reveal false accusations of sexual assault against the client in order to benefit from pending court-ordered financial support. RESULT: NOT GUILTY of ALL Charges and Specifications. show : hide);star5[1].setAttribute('class', score >= 5 ? July 30, 2015, Wisconsin National Guard, Madison, Wisconsin. Private alleges that following a military ball, the Lieutenant and a Captain met her at a bar and conspired to bring her back to the Lieutenant’s apartment. NO Federal Conviction, NO Sex Offender Registration, NO Confinement. Media coverage by Army Times, Stars and Stripes, and local papers due to allegations of hazing against the client and misuse of alcohol at officer function. NO Confinement. Any guilty plea would have resulted in confinement for over 10+ years. A number of lawsuits have … Just days prior to voir dire, and long after referral already occurs, the Government approaches Gapasin and his client with an offer for him to submit a Chapter 10 discharge in lieu of court-martial. She claimed to remember the Lieutenant being on top of her and also forcing her to perform oral sex while the Captain observed. Gapasin pushes forward in this case with over 6000 pages of discovery and 15 co-defendants. But his crime was committed during the five-year time-limit period. Represented service member charged with the stabbing of an alleged victim during a gang fight in Itaewon, just outside of Yongsan Garrison in Seoul, South Korea. By enacting the Uniform Code of Military Justice in 1948, Congress enacted significant reforms to the Articles of War, including creation of a Judicial Council of three general officers to consider cases … Applicant retains GCW Law. One week before trial, Government agrees to a previously made plea offer by Gapasin, reducing the Article 120 charges to the lesser included offenses of assault and battery, thereby avoiding any potential risks of sex offender registration. Mr. Gapasin submits the results of the investigation and the private polygraph to Major’s chain of command and law enforcement. Government attempts to intimidate the accused informing him that it intends to pursue confinement of over 10 years. Represented service member allegedly involved in the black market distribution of products in South Korea. The command orders a separation board. He and a fellow Airman are accused of these charges by a civilian female whom they met while at the casino. RESULT:  Client is FULLY RETAINED, this is after the original General Court-Martial charges are DISMISSED. Two enlisted witnesses claimed to have seen the Staff Sergeant without his pants on and on top of or hovering above the incapacitated Private in her barracks room while alone. THC is apparently a “sticky” drug that can easily cling to plastic or glass. If a crime violates both military and state civilian law, it may be tried by a military court, a civilian court, or both. Gapasin immediately files a Request for a Digital Forensics Expert to conduct an extraction of the alleged victim’s cell phone. RESULT:  DISMISSAL of ALL Charges just before motions hearing. Charges are preferred against Staff Sergeant for numerous offenses involving alleged sexual harassment and bullying of several female subordinates. Testimony at trial and a video tape revealed that he did not stab the alleged victim. RESULT: NOT GUILTY of Sex Assault Offenses. The defense obtained the expertise of a Child Abuse Pediatrician with the Armed Forces Center for Child Protection National Naval Medical Center. Freeburg successfully convinces the Military Judge to exclude this evidence from being presented at trial. He is notified of a career-ending Article 15 non-judicial punishment (NJP). A witness supposedly walks in on this and gives a statement to CID. During the board, the Government’s own expert agreed with Gapasin, that the low THC levels from the client’s UA did support the “inadvertent” ingestion of THC residue from a dirty or unwashed hookah. RESULT: NOT GUILTY of ALL Charges and Specifications. The accused is also charged with committing assault and battery on another Soldier during a field training exercise at night. NO Federal Drug Conviction, NO Confinement, NO Discharge. Intensive investigation is made against the Staff Sergeant and notably against his wife, a nurse practitioner who purportedly had access to medications through the Air Force pharmacy system as well as through other channels. Mr. Freeburg fights his client’s case for entire year, filing multiple motions and attending several motions hearings until the case goes to a week-long panel trial. Gapasin elicits testimony that reveals a lack of forensic evidence obtained from the Alternate Light Search (ALS) of the bathroom. Lance Corporal is charged with sexual assault and assault and battery of a Sergeant E-5. Having had their bluff called, the Army drops the charges. At trial, the Government calls “gang experts” and police officers from across the country to attempt to convict the client with mere opinion instead of facts. Though his client had in fact touched the complaining witness while she was sleeping, he does not touch her where he is charged with touching her. Corporal retains Mr. Gapasin. Mr. Gapasin’s client was charged with one specification of rape, one specification of aggravated sexual assault and one specification of false official statement. Mr. Gapasin recognizes several search and seizure violations per the client’s Fourth Amendment rights, and also hones in on a defective chain of custody for the alleged illegal drugs at issue. Cause of death found to be based on unknown causes. Command presumes him guilty without considering the statements of a witness present at the scene of the incident. RESULT: NO Prosecution, Non-Judicial Punishment resulting in minimal punishment, NO Reduction In Rank, NO Discharge. Gapasin goes to trial and cross-examines several high-ranking members of this Special Forces unit. Gapasin also obtains an Estimated Retirement Benefits Calculation (ERBC) report to argue before the Board that in light of his client’s stellar background, the DUI was not a 2 million dollar mistake, which was the total estimated amount he could lose if the Board were to involuntarily separate him. After a full day of taking testimony, and at the conclusion of all the evidence, the Board of Officers fully retains Gapasin’s client. The Government refers the case to a Special Court-Martial. info@militarylawyer-defense.com NOT GUILTY of Sex Assault Charges. This ex-wife was also forced to defend herself against him. At trial before an Officer Panel, Mr. Gapasin aggressively cross-examines the accuser as well as the other witnesses and exposes multiple inconsistencies and a lack of corroboration. 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. Staff Sergeant retains Mr. Gapasin. NO Confinement, NO Sex Offender Registration, NO Federal Conviction. Mr. Gapasin aggressively cross-examines the Government witnesses making these allegations against this NCO known to be a hard-charger and “by the book” leader. 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