Represented service member Drill Sergeant alleged to have maintained inappropriate relationships. Result: RETIREMENT AT CURRENT RANK, NO Loss of Benefits. July 24, 2014, Fort Hood, Texas. © Copyright 2020 Military.com. July 30, 2015, Wisconsin National Guard, Madison, Wisconsin. 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. RESULT: Elimination Action TERMINATED, Captain overcomes reason for the show cause proceeding. 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 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. One of the few paths for grievances is through the Federal Tort Claims Act, a limited exception to immunity. RESULT: Misconduct NOT SUBSTANTIATED. Mr. Gapasin prepared a solid clemency case to the Convening Authority. Gapasin recognizes that his client had attempted to correct the transaction along with other circumstances that did not reflect the element of the “intent to steal” as is required for the charge of larceny. 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. NCO with over 20 years of service is accused by another female NCO of abusive sexual contact immediately following a hail and farewell. show : hide);star3.setAttribute('class', score >= 3 ? 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 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. 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 … Suddenly, the friend rushes at Gapasin’s client and throws a punch. Filter cases by selecting a filter type, the select the filter value(s) Filter cases by. Represented service member alleged to have physically assaulted a gay officer at a formal military ball. RESULT: CASE DROPPED, NO Charges, NO Court-Martial. 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). 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. December 2, 2015, Camp Casey, Korea. Shortly before the Article 39(a) motions hearing is held, the Staff Judge Advocate and the client’s command dismiss the case rather than respond to the motions. She “unintentionally” makes an unrestricted report of rape when discussing her concerns about being medically discharged from the Air Force. Worsham & Gapasin Gapasin hones in on her provocative behavior caught on tape from casino floor cameras and he reveals her illicit drug use on that same night through the cross-examination of a key witness. Gapasin, however, moves into evidence his client’s OERs and letters of support, and he calls witnesses who portray the client as a truthful officer with good military character and solid, exceptional duty performance. NCO becomes subject to numerous allegations of hazing, abuse of authority, unethical treatment and maltreatment while deployed to Camp Lemonnier, Djibouti. Following Gapasin’s motions, client opts to request discharge in lieu of a court-martial. RESULT: NOT GUILTY of Sex Assault Offenses. Based on the testimony, she was never scared of fearful of the client. Charges are preferred against the Staff Sergeant and he retains Mr. Gapasin to represent him. December 6, 2018, U.S. v. O-4, United States Army, National Capital Region. For more intriguingly famous court-martial cases, check out the courts-martial of Nidal Malik Hasan, William Calley, George Armstrong Custer, and Benedict Arnold. NCO denies these allegations and retains Mr. Gapasin to represent him. Staff Sergeant in Reserves tests positive for barbiturates following a voluntary urinalysis in support of her officer commissioning package. Mr. Gapasin’s client was charged with assault consummated by battery and aggravated assault with a loaded firearm. NO Confinement. Officer denies allegations and retains Mr. Gapasin to represent him. The evidence presented supported Gapasin’s defense. RESULT: Brigadier General LOCALLY FILES the Letter of Reprimand, thereby allowing Gapasin’s client to continue with his career with plans of retirement. Government further charges the Staff Sergeant with the intent to inflict Grievous Bodily Harm, which carries additional years of confinement. NO Discharge. Related: Despite Efforts, Sexual Assaults up Nearly 40% in the US Military. December 8, 2015, Joint Base Elemendorf-Richardson, Alaska, U.S. v. E-3. Moisture, such as that in a hookah, would add to the “stickiness” of THC. This type of discharge ends the court-martial and avoids a conviction, but results in an Other Than Honorable (OTH) discharge. Facing over 15 years of confinement and the loss of his retirement, NCO retains Mr. Gapasin to represent him. March 14, 2013, Fort Riley, Kansas. RESULT: Charges Dismissed. U.S. v. E-3. Start End. Rather than simply accepting the deal, Gapasin continued to push forward to trial, requesting that a forensic toxicologist be appointed to the Defense Team. Govt does not believe him and issues him an Article 15, which would result in his separation from the Air Force. December 9, 2019, U.S. v. E-3, United States Marine Corps, Cherry Point, North Carolina. Gapasin attends the Article 32 Preliminary Hearing and argues that even with the low burden of proof at the Article 32 Preliminary Hearing, the Government fails to present sufficient evidence of “force” as is required for the offense of rape per the 2007-2012 version of the offense. Staff Sergeant is accused of rape by former girlfriend after he messages her several years later and apologizes for an incident. The defense obtained the expertise of a Child Abuse Pediatrician with the Armed Forces Center for Child Protection National Naval Medical Center. No Federal Conviction, NO Confinement. Physical Therapist is suspended from his duties and he denies allegations of sexual assault. November 25, 2018, U.S. v. E-5, United States Marine Corps, Marine Corps Recruiting Depot, San Diego, California. Staff Sergeant retains Mr. Gapasin. Gapasin immediately files a Motion to Dismiss due to Unlawful Command Influence against client’s Commander. Freeburg aggressively represents client at the separation board. Major is accused of reprisal against this NCO under the DoD Whistleblower regulations. The evidence pointed to her clear motives to lie and ruin the client’s career because her mother brainwashed her. U.S. v. E-8. Sailor maintains innocence from beginning and retains Mr. Gapasin to represent him. The Role of a Military Lawyer A military lawyer might represent a person facing a court martial, who is … 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. Additionally, a few months after Staff Sergeant popped hot, his home was raided by local law enforcement on the suspicion of trafficking and the illegal possession of marijuana, methamphetamines and possibly heroin or cocaine. Carl Vinson. The Government subsequently withdraws its pursuit of a court-martial and instead proceeds with non-judicial punishment. Sergeant is accused of committing fraud and larceny at the Base Exchange when purchasing a laptop. These factors included his time of service of fifteen (15) years, a number of awards and achievements and the extremely low level of THC found in his system of 20 ng/mL, just 5 ng/mL above the DOD cutoff level. June 26, 2014, Fort Leonard Wood, Missouri. https://www.ny-criminal-defense-lawyer.com/military-courts-civilian-difference 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. Briggs appealed his conviction based on that 2018 decision and won, as did the defendants in two other military rape cases rolled under the Briggs case -- those of Air Force Master Sgt. Cause of death found to be based on unknown causes. October 18, 2012, Camp Humphrey, South Korea. Gapasin’s client continues to maintain his innocence although other Marines in similar circumstances accept NJP. The Base Exchange later claims, however, that the purchase was fraudulent and the Sergeant committed larceny by using a card under a fraudulent account with no funds. Within a month, the case against Mr. Gapasin’s client is dropped. When she returns, text messages reveal girlfriend’s intent to “have no mercy” and to ruin his career. This ex-wife was also forced to defend herself against him. NO Discharge. According to sailors on board, the ship had a significant outbreak of COVID-19 early in November. Government counsel takes case to trial. July 1, 2016, Norfolk, Virginia, U.S. v. E-9. Gapasin also called the ship’s commander to testify about negative observations he made of the accusing sailor, to include incidents of malingering, lying to her mother about not receiving proper care on the ship, and expressing feelings of illness but still taking liberty when the ship arrived at the Philippines. Mr. Gapasin’s client was found Not Guilty of all three sex assault charges, thus saving him from registering as a sex offender. Wisconsin National Guard unit prefers charges against Sergeant First Class based on the allegations of seven female cadets and recruits who allege sexual harassment and other serious misconduct. Client enters a plea and accomplishes his goals. Gapasin proceeds to trial and focuses on the “sloppy, rushed administration of travel vouchers” as well as the lack of proper guidance by the command and its “one receipt policy” that resulted in countless mistakes to the financial detriment of the Marines. 153.2.3 Court-martial case files and related records. Gapasin immediately files his request for the appointment of an expert toxicologist for purposes of trial. Gapasin argues how the Government failed to satisfy its burden of proof, and how it failed to contact important witnesses due to their lack of credibility. CNN Special Investigations specifically referred to Mr. Gapasin with regards to CNN’s investigation of certain participants in these war crimes. 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. U.S. Army Ranger is accused of purchasing various drugs from a paralegal. The second sexual assault charge stemmed from a sexual encounter he had with a different female Soldier at Camp Zama, Japan in mid 2009. Army Staff Sergeant is accused of sexual assault while he and alleged victim are deployed to Kuwait. NO Prosecution. May 2, 2017, U.S. v. E-5, United States Air Force, Nellis AFB, Nevada. Predictably, the client’s command orders a separation board rather than prefer charges to a court-martial. Upon returning to his unit, the LCpl is accused of AWOL. RESULT: ALL Charges and Specifications Dismissed and Withdrawn. ... Case/Non Case Related. In 2014, Air Force Lt. Col. Michael Briggs was convicted of raping another service member, a staff sergeant, in 2005. He retains GCW Law to represent him. U.S. v. O-3: Army officer charged with wrongful sexual contact and assault and battery. 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 … Sailor turns down mast and opts for court-martial. Gapasin’s cross-examination of the alleged victim put the nail in the coffin. Gapasin files a Motion to Compel Discovery, and the Military Judge grants the motion. Gapasin cross-examines all of the Government’s witnesses testifying against the client. Gapasin immediately files a Motion to Dismiss due to Unlawful Command Influence (UCI) and enters into evidence a clandestine recording of the First Sergeant taken by another Marine in his client’s unit. Gapasin focuses defense at avoiding sex offender registration for his client. SGT is accused of the forcible rape and forcible sodomy of another Soldier in Kosovo. The officer panel retains this Soldier with 15 years of service. But his crime was committed during the five-year time-limit period. NO Sex Offender Registration. He was found guilty, sentenced to five months' confinement and dismissed from the service. October 13, 2017, U.S. v. O-2, United States Army, Fort Bliss, El Paso, Texas. September 10, 2014, Camp Lemonnier, Djbouti, U.S. v. E-7. Cross-examination also revealed that the estranged spouse was involved in an illicit affair at the time. As a result, the United States does not pursue and the charges are dropped. RESULT: Client found NOT to have violated DoD Whistleblower Regulations, and allegations of such violations are held UNSUBSTANTIATED. For up to two hours, this key witness refuses to respond credibly to Gapasin’s cross-examination questions. RESULT: Acquitted of Both Specifications of Attempt Murder. 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. The enlisted panel acquitted the accused of rape. Gapasin’s forensic digital expert examines the cell phone and digital evidence is extracted supporting the client’s claim that the sexual activity was, indeed, consensual. 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. U.S. v. E-3. Primary defense, however, is innocent ingestion, in that the accused innocently took or ingested medications without the knowledge that the medication was taken illegally. Represented service member alleged to have committed forcible rape in the barracks. He avoids opening evidentiary doors and opportunities for the Government to enter in valuable evidence. and the U.S. Army Major is given a potentially career-ending General Officer Memorandum of Reprimand (GOMOR). NO Sex Offender Registration. The Article 32, which did not proceed under the recently passed NDAA 2015, took place over the course of two days. Mr. Gapasin’s appointed polygrapher found no deception and the Major passes private polygraph. Mr. Nathan Freeburg files several motions before trial, more particularly, a key Motion under MRE 404(b) to exclude extremely prejudicial evidence that the Government attempts to introduce. NO Federal Conviction. Multiple specifications are eventually deemed insufficient by the Military Judge and the Government opts to dismiss those specifications. Circuit Court. Receives HONORABLE Discharge. With a few weeks left before trial, the Government remained steadfast that the accused should be sentenced to up to 10 years of confinement. 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. Following Mr. Gapasin’s persistent discovery requests and within 2 weeks of trial, alleged victim declines to participate in court-martial. The defense was also able to explain to the panel why the client re-entered the home with the handgun when she could have run away. This fourth charge for rape was not included in the referral of the charges for the prior three allegations. Gapasin advocates on behalf of the client, arguing facts that were elicited at the Board of Inquiry that reveals his client’s innocence. Both give statements to OSI that the client was present and arranged the distribution, but client continues to deny participating. Gapasin investigates the claims of his client and recognizes a viable defense. The CW2 was notified that the GOMOR was to be filed in his Official File. RESULT: Charges DISMISSED Days Before Trial, NO Federal Conviction, NO Discharge. All allegations began when theclient’s spouse spoke to a physician at Lester Naval Hospital regarding pain to her vagina and intestines. Gapasin focuses on the mitigating factors in the case as well as the extenuating circumstances of the offenses. Navy Sailor with 15 years of service is accused of actively participating in a nationwide criminal gang and outlaw motorcycle club. He is also charged with wrongfully damaging the tires of a second alleged victim. show : hide);star2.setAttribute('class', score >= 1.5 ? She is accused of malingering and falsifying her condition to obtain medical benefits upon retirement as she had already received orders for a medical separation. One day before trial, with Gapasin continuing to press, the Government acknowledges the clear problems in its case. At sentencing, Gapasin argues for no more than 45 days confinement and for no discharge. Following Gapasin’s efforts to avoid registration and potential confinement, Government agrees to a negotiated plea resulting in Article 15 punishment and waiver of a separation board. The board composed of an O-6 and two O-5s recognize that the allegations against the client are unsubstantiated. Master Chief retains Mr. Gapasin to represent him. Staff Sergeant faces separation proceedings pursuant to allegations of a pattern of misconduct. (Applicant), Defense Office of Hearing and Appeals (DOHA), Washington D.C. Allegations are made that he sexually assaulted a Specialist medic in the barracks at Camp Casey, Korea by getting on top of him and engaging in kissing and other acts while the Specialist was intoxicated and passed out. RESULT: DISMISSAL Of Serious Assault And Battery Allegations, NO Discharge Allowing Client To Retire After 18 Years. Mr. Gapasin is retained in Wisconsin’s first-ever court-martial. U.S. v. E-9. Warrant Officer is suspected of having child pornography in his possession. Sergeant First Class receives two General Officer Memorandums of Reprimand (GOMORs) in his official military file. The NCO denied these allegations from the beginning and had asserted that another individual was driving his vehicle. High-profile case due to accusations made just days before Sandy Hook massacre in December 2012. By the conclusion of the Article 32, seven (7) of the originally-preferred nineteen (19) specifications were dismissed. Allegations are made that he sexually assaulted a Specialist medic in the barracks at Camp Casey, Korea by getting on top of him and engaging in kissing and other acts while the Specialist was intoxicated and passed out. Defense viewed this case as a reserve issue with no DFAS input, and the Defense did not want to give the Government time to perfect its case. With the advice of Mr. Freeburg, client maintains his innocence throughout the board process. Examples include DUIs, robbery, assault, and murder. 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. Government also prefers charges for drunk and disorderly conduct. RESULT: FULLY RETAINED After 18 Years Of Service. The Government subsequently dismisses the charges just days before trial resulting in only minor administrative punishment. FULL RETENTION. A new chain of command took over and noticed that his address in Los Angeles was a business address. In turn, despite having a drafted, prepared Charge Sheet, the Marine Corps agrees to drop all charges. Proceeding Type. A success in one case does not guarantee success in another similar case. Six days before the Feb. 26, 2018, trial, Cumberland County said the case was now being handled by the military and there would be no trial in civilian criminal court. Because Mr. Gapasin and co-counsel Mr. Frank Spinner fought hard on the client’s behalf, he was able to move on to civilian life without registering as a sex offender. Service member received very light punishment. Mr. Gapasin immediately obtains the appointment of several experts to the defense team, to include an accident reconstructionist, a biomechanic expert and a forensic DNA and blood splatter expert. WO1 is acquitted in civilian court on the firearms charges. ... Criminal Records, Court Records, & Public Records… NCO is accused of sexually assaulting a female Soldier and later for committing assault and battery against two other NCOs in the same incident. Staff Sergeant is accused of the use and possession of illegally-obtained valium. As a result, accused NCO retains Mr. Gapasin. Major’s Career is saved. Following submission of Gapasin’s rebuttal, the Convening Authority reconsiders the initiation of the Show Cause Board. Staff Sergeant is accused of attempting to defraud the U.S. Government by collecting reimbursement for in-home respite care for his autistic son while stationed for 18 months at Twentynine Palms, California. Gapasin attacked the Government’s case because it only used statements made by his client at the video interrogation, and because it only focused on his LES’s and the increase in entitlements that they claim Gapasin’s client should have noticed after 16 years of military service. NO Federal Conviction, NO Confinement. Panel composed of two Officers and six Master Chiefs acquits client of all Article 120 offenses. Staff Sergeant is accused of multiple allegations made by a female Specialist. He retains Mr. Gapasin to represent him. This was after she had vomited upon exiting a cab with the Staff Sergeant as they headed into the barracks. NO Federal Conviction, NO Confinement. January 11, 2013, Fort Leonard Wood, Missouri. The alleged victim was a 24-year-old female who had been an E-5 in the select reserves. Gapasin cross-examines all of the Government’s witnesses testifying against the client. Please enter the security code above to prove you are a human. U.S. v. E-5. Following intrusive and long investigation, Government declines to prosecute. With just 1-2 weeks before trial, Staff Sergeant retains Mr. Gapasin to represent him at court-martial. Mr. Gapasin successfully retained his client after a fully litigated court-martial. RESULT: Client is FULLY RETAINED, this is after the original General Court-Martial charges are DISMISSED. As a response, the Coast Guard drops the separation action. Tech Sergeant is accused of two specifications of unprofessional conduct. Specialist and his wife are suspected of the assault and battery and death of their infant child. An extremely biased separation board votes to separate the Sailor. RESULT: WITHDRAWAL and DISMISSAL of ALL Charges and Specifications ONE DAY before trial. Government maintained that the Soldier gave a confession to the illegal downloading and possession of mulitple images. Staff Sergeant is also accused of violatiWorsham & Gapasinful general orders for the manner in which he stored and transported explosives and flammable military property. October 5, 2017, U.S. v. E-5, United States Air Force, Whiteman AFB, Knob Noster, Missouri. Such punishment would far exceed the crime. At trial, Mr. Gapasin cross-examined the husband-victim and a county police officer. U.S. v. O-3. Government asks for considerably more confinement and a Bad Conduct Discharge. NO Federal Conviction, NO Confinement, NO Sex Offender Registration. Defense contended that the injuries sustained by the client were not consistent with damages to the interior of the client’s vehicle. Gapasin aggressively cross-examines the alleged victim at trial and reveals his lack of credibility and exaggeration of facts. Finally, if you or someone you know is … RESULT: FULLY RETAINED. Freeburg also concludes that the Government is bluffing his client to force him to testify. Warren AFB, Cheyenne, Wyoming. With 13 years in the Marine Corps and still asserting his innocence, client continues to retain Gapasin to represent him. NO Sex Offender Registration. 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. 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. Captain accepted an Article 15 but then faced separation with possibility of an “Other Than Honorable Discharge” in a subsequent Board Of Inquiry (“BOI”) initiated against him. NO Federal Conviction, NO Confinement, NO Discharge. Young Marine is accused of disobeying a lawful order, disobeying a superior commissioned officer and obstruction of justice following a skirmish off the highway with an Army Provost Marshal. Ultimately, Staff Sergeant is charged under eight (8) total specifications. RESULT: NO Sex Offender Registration, NO Federal Conviction, NO Discharge. Army Major is accused of sexual assault and sexual harassment by a female U.S. Air Force Major. Mr. Gapasin’s investigators discover several facts in the background of the alleged victim that reveal motives to fabricate false rape allegations. Soldier is accused of committing abusive sexual contact under Article 120 of the UCMJ on a Soldier in Basic Combat Training and another Soldier in Advanced Individual Training. Gapasin characterizes the case as a case about “power”, in which her Senior Master Sergeant and others over her exercise the “power to slander” and the “power to punish”. RESULT: NOT GUILTY of ALL Charges and Specifications. Following their own investigation, Mr. Gapasin and his client discover that many of the Soldiers begin retracting their original statements made to investigators. The Captain was present in that group. NO Reduction in Rank. U.S. v. E-6. Represented service member for his alleged act of assaulting a South Korean taxi cab driver with a knife. August 7, 2019, U.S. v. E-6, United States Army, Fort Lee, Virginia. He testified that he did not act against the alleged victim’s will. Staff Sergeant turns down the Article 15 and opts for court-martial. She alleges that the Tech Sergeant violently raped her resulting in significant hip injuries that affected her PT and other matters. U.S. v. E-7. 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. 2d 720 (1999). This stems from allegations that the CW2 was stalking the lieutenant and taking photos of her and her purported NCO boyfriend. May 22, 2017, U.S. v. E-5, United States Army, Fort Hood, Texas. NO Federal Drug Conviction, NO Confinement, NO Discharge. Motion is litigated, but case proceed to trial. 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Remember the Lieutenant with sexual assault of a court-martial Influence ( UCI,... Exposes a lack of credibility and her purported NCO boyfriend the driver side airbag blood. Fluid and she only remembered pieces of the client ’ s career with false statement... Votes that GCW ’ s evidence for allegedly stealing over $ 60,000 in items from trial!