military court cases

The officer panel retains this Soldier with 15 years of service. Mr. Gapasin also illustrated to the Officer Panel how the victim embellished and exaggerated his testimony. RESULT: Elimination Action TERMINATED, Captain overcomes reason for the show cause proceeding. U.S. v. E-7. Gapasin portrayed his client as being caught in this crossfire. U.S. v. O-3. Military tribunals in the United States are military courts designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. NCO is charged with two specifications of abusive sexual contact, two specifications of indecent acts, and two specifications of maltreatment. In the recording, the First Sergeant admits to the lack of guidance by the leadership, and he attempts to strong arm a number of Marines to take NJP to avoid a “court-martial and a dishonorable discharge”. RESULT:  FULL ACQUITTAL of ALL Charges and Specifications. A non-rate's Southern hospitality led to a VIP visit to her cutter -- from the premier of the territory of Greenland. Videotape footage of the accuser showing her using her cell phone to look up answers to cheat is provided to prosecutors. Upon the advice of Mr. Gapasin, client turns down NJP and opts for court-martial. February 18, 2020, U.S. v. E-7, United States Army, Camp Humphrey, South Korea. Command presumes him guilty without considering the statements of a witness present at the scene of the incident. December 3, 2014, Joint Base Elmendorf-Richardson, Anchorage, Alaska. Military Trials (or General Court Martial Orders) is one of these collections. CID aggressively interrogates both the Specialist and wife separately, accusing them of having committed the purported injuries that could have caused injuries which the Government asserted resulted in the death of the child. July 24, 2014, Fort Hood, Texas. 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. Textual Records: Case files of general courts-martial, courts of inquiry, and military commissions (5,133 lin. Nathan Freeburg, Attorney at Law, Of Counsel, Zachary Ellis, Attorney at Law, Of Counsel, Administrative Actions / Nonjudicial Punishment. Major retains Mr. Gapasin to represent him at his separation board. Here's the Surprisingly Complicated Military Career of Popeye, 5 Startling Facts About ‘Top Gun: Maverick' Shared by Actor Miles Teller, How to Defer Mandatory Military Service in Korea: Hit #1 on US Music Charts. his security clearance. He retains GCW Law to represent him. Mr. Gapasin litigated this trial with co-counsel Mr. Michael Waddington for five days. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Through cross-examination, Gapasin reveals a toxic command climate and personal reprisal against his client. Major is accused of committing sexual assault during an officer training course. 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. June 13, 2018, U.S. v. E-1, United States Marine Corps, Quantico, Virginia. Any guilty plea would have resulted in confinement for over 10+ years. You are going through one of the most stressful, life-changing events you have ever experienced. Gapasin aggressively cross-examines the alleged victim at trial revealing inconsistent versions of what she claims occurred. Sailor maintains innocence from beginning and retains Mr. Gapasin to represent him. November 9, 2016, U.S. v. E-5, United States Army, Fort Leonard Wood, Missouri. Related: Despite Efforts, Sexual Assaults up Nearly 40% in the US Military. On 23 September 2008, “Baby R”, an alleged victim of “shaken baby syndrome,” began having seizures at approximately 1615. Gapasin strategically represents his client with the primary goal to result in unsubstantiated findings that the client took personnel actions against the NCO for making protected communications, e.g., hindered promotion, transferred his duty position, wrote up negative NCOERs. Footage showed Soldiers in Humvees firing non-lethal bean bags into nearby vehicles on the highway. RESULT: NOT GUILTY to ALL Sex Assault Charges. One day before trial, with Gapasin continuing to press, the Government acknowledges the clear problems in its case. The day before the Article 32 Hearing, the Lieutenant declined to proceed. The maltreatment alleged included repeatedly dragging a blade across the face of another NCO, assault and battery, and hazing. 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. Staff Sergeant claims she never wrongfully used prescription medication. The CW2, seeking no more than filing of the GOMOR in his Local, Unofficial File, retained Mr. Gapasin to represent him. U.S. v. O-3: Army officer charged with wrongful sexual contact and assault and battery. He faces life imprisonment for various specifications of alleged domestic violence and sexual assault against his girlfriend. Gapasin provides documents and exhibits from the board hearing that were helpful in illustrating why his client was innocent of sexual impropriety with his cadets. RESULT: NOT GUILTY of Sexual Assault. October 20, 2016, U.S. v. E-5, United States Air Force, Mountainhome AFB, Idaho. RESULT: FULL ACQUITTAL of All Charges and Specifications. Mr. Gapasin strategically cross-examined the alleged victim to reveal to the Investigating Officer the number of inconsistencies between her testimony and prior text messages, Facebook posts, and emails. This is following a public flight outing in downtown Bury, St. Edmond. AM - 39a - Arraignment & Motions. Airman is accused of the serious offense of the distribution of illegal substances in Alamogordo, New Mexico. October 5, 2017, U.S. v. E-5, United States Air Force, Whiteman AFB, Knob Noster, Missouri. The accusations prevent Private from graduating. Tech Sergeant retains Mr. Gapasin to represent him in his court-martial. Because the Government proceeds to trial with the two witnesses, Defense opts to submit a Chapter 10 request for discharge. Three days before trial, the Government relents and requests a continuance. RESULT: Charges DISMISSED, NO Federal Conviction, NO Sex Offender Registration. Though found guilty of other less serious offenses, Accused receives minimal punishment and is retained. Moreover, several witnesses testified that at no time was the accused in the room with the alleged victim. Any misconduct on the Sergeant’s record will completely end his career in law enforcement. At the board, Gapasin argued that a multitude of mitigating factors warranted against his client’s separation. SFC is also accused of pawning the weapon in the United States. Instead, JAG lawyer advises him to agree to 18 months of confinement and plead guilty for assault and battery in order to avoid sex offender registration. February 23, 2015, Fort Leonard Wood, Missouri. The Court … Alleged victim Airmen incurs a broken jaw resulting in multiple surgeries with extensive recovery. The Government charges the Lieutenant with sexual assault and conspiracy to commit sexual assault. 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. A 5-day trial ensued. During Mr. Gapasin’s aggressive cross-examinations, three (3) of the accusers refused to testify unless they were granted immunity. Physical Therapist employed by U.S. Army, Fort Leonard Wood is accused by a female Soldier of inappropriate sexual contact. Mr. Gapasin’s investigators discover several facts in the background of the alleged victim that reveal motives to fabricate false rape allegations. Tech Sergeant is accused of two specifications of unprofessional conduct. Gapasin handedly discredits client’s former roommate, revealing clear reprisal and a motive to fabricate because Gapasin’s client previously gave a statement to Security Forces that this former roommate had sexually assaulted a female Senior Airman. Moreover, she could not identify the client in a lineup until after she finally saw him for the first time at a hail and farewell. Gapasin moves the Court for a continuance which is subsequently granted. RESULT: FULLY RETAINED and allowed to retire with all benefits. Represented service member allegedly involved in the black market distribution of products in South Korea. Private retains Mr. Gapasin. A Navy Sailor, HT3, is accused of wrongful use of marijuana (THC) by her command after she supposedly failed an urinalysis. Witnesses whom Gapasin calls testify that the alleged victim bullied client’s Airmen whom the client was defending, physically assaulted the client and yelled derogatory names at him while intoxicated. He retains GCW Law to represent him. Lance Corporal is charged with sexual assault and assault and battery of a Sergeant E-5. Gapasin cross-examines all of the Government’s witnesses testifying against the client. The Government subsequently dismisses the charges  just days before trial resulting in only minor administrative punishment. Seven years after the crime, Briggs called the victim to apologize, saying in the conversation that he would "always be sorry for raping" her. RESULT:  NOT GUILTY of ALL Charges and Specifications. Under cross-examination at the Article 32Hearing, the alleged victim admitted that she could only identify her attacker because she recognized his voice. Mr. Gapasin and Mr. Bilecki argued that the mother did this so she could win custody of their daughter after a pending divorce. Gapasin drafts and submits a rebuttal to the Initiation of Elimination arguing that the elimination action be terminated and that he be retained pursuant to Army Regulation 600-8-4. Together they prepare the “relevant questions” that needed to be answered. July 16, 2019, U.S. v. E-6, United States Marine Corps, Iwakuni, Japan. She “unintentionally” makes an unrestricted report of rape when discussing her concerns about being medically discharged from the Air Force. Warren AFB, Cheyenne, Wyoming. But his crime was committed during the five-year time-limit period. Soldier instructor is accused of sexually assaulting three different female trainees at Airborne School. In turn, despite having a drafted, prepared Charge Sheet, the Marine Corps agrees to drop all charges. This fourth charge for rape was not included in the referral of the charges for the prior three allegations. This Staff Sergeant denied the accusations in this “he said, she said” case and retained Mr. Gapasin to represent him. Testimony revealed poor leadership by service member’s NCO was a leading cause of a barracks scuffle. show : hide);star1[1].setAttribute('class', score >= 1 ? The Justice Department, however, brought the cases before the U.S. Supreme Court. Mr. Gapasin takes case to trial and the client is acquitted of the sexual offenses and assault and battery. Panel composed of two Officers and six Master Chiefs acquits client of all Article 120 offenses. Gapasin travels to Camp Henry and aggressively cross-examines the two witnesses, revealing a number of questionable inconsistencies and contradictions. November 6, 2018, U.S. v. E-4, United States Army, Fort Benning, Georgia. GCMCA. Transcripts of Hearings: For all active cases, draft, unofficial, unauthenticated transcripts of the public portions of case proceedings will be posted on the Office of Military Commissions’ website as soon as practicable after each day a military commission is in session… Following an extensive discovery process, Gapasin calls witnesses to the stand who contradict the PFC’s testimony. An allegation is made by a junior enlisted sailor against this officer, claiming that he forced himself on her in his stateroom which was located on the O-6 level of the ship. NO Sex Offender Registration. The court-martial took over two years from preferral to trial, and included video depositions at Fort Carson, and two Article 32 hearings in Korea. Soldier retains Mr. Gapasin. show : hide);count.textContent = 'out of ' + payload.reviews_count + ' reviews';}}}function send_with_ajax(the_url) {var httpRequest = new XMLHttpRequest();httpRequest.onreadystatechange = function() {alertContents(httpRequest);};httpRequest.open("GET", the_url true);httpRequest.send(null);}send_with_ajax("https://www.avvo.com/attorney-badges/v3/lawyers/client-rating/1861104");})(window); The information on this website is for general information purposes only. 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. Pre-trial investigation at the Article 32 hearing revealed that alleged victim incurred serious mental health disorders after she was supposedly sexual assaulted as a teenager. Also one of the first contested Air Force trials involving newly legislated sexual assault laws under UCMJ Article 120. 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 Government accuses Navy Sailor, a CS1 (E-6) with 11 years of service, of creating a hostile work environment and making a false official statement under Article 107, UCMJ. The clientalso possessed 3,979 images and videos of “child erotica.” Through cross-examination at the Article 32 Hearing, Mr. Gapasin exposed how the lead CID agent modified the Agent’s Investigation Report (AIRs) in order to hide from the defense a problem withthe chain of custody to crucial evidence. U.S. v. O-4. However, the unit attempted to separate him while the service member was pending a medical board. Mr. Gapasin responds by serving the command with a rebuttal to the reprimand. Two sex offender registerable offenses remained for trial. Her Staff Judge Advocate (SJA) and Deputy Staff Judge Advocate (DSJA) push for her involuntary separation thereby denying her medical benefits upon discharge. Government counsel takes case to trial. This information would not have been discovered without having had the expert appointed for the Article 32 hearing. Sailor strongly denied the allegations from the very beginning the accusations began. Staff Sergeant is accused of the wrongful use and possession of THC following a urinalysis. Soldier retains Mr. Gapasin and prepares for trial. Subsequently, despite prosecutors strong position to prefer charges under Article 120 based on supposed “confession,” prosecutors do not prefer charges. Represented numerous service members charged with sexual assault and military-specific offenses. Sergeant First Class is accused of the theft of a sensitive military weapon from Marine Special Forces (MARSOC) in Afghanistan. United States does not move forward and the case is subsequently dismissed. RESULT: Brigadier General LOCALLY FILES the Letter of Reprimand, thereby allowing Gapasin’s client to continue with his career with plans of retirement. August 8, 2018, In Re K.C. NO Sex Offender Registration. However, cross-examination of alleged Filipina victim at Article 32 and depositions taken in Manila, Philippines resulted in the full dismissal of rape charges. 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. NO Federal Drug Conviction, NO Confinement, NO Discharge. RESULT: NO Charges in Magistrate Court, NO Federal Conviction, NO Sex Offender Registration. Government also requests that Gapasin permit two important OSI agents to testify via video rather than be physically present. Instead, Freeburg advises his client to decline negotiations and take an aggressive posture. Upon returning to his unit, the LCpl is accused of AWOL. Rather than simply accepting the deal, Gapasin continued to push forward to trial, requesting that a forensic toxicologist be appointed to the Defense Team. This Airman continues to “play the victim and not the bully” from the witness stand. 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. Army O-3 Admin Separation Board. Gapasin focused on the seemingly absurd facts of the allegations, i.e., how she ended up on the O-6 deck without being seen, how she wasn’t heard by a witness who lived in an adjacent stateroom, and how she immediately received an expedited transfer from Sasebo to San Diego. NO Reduction in Rank. RESULT: ALL Charges are DISMISSED just before trial. With 13 years in the Marine Corps and still asserting his innocence, client continues to retain Gapasin to represent him. Lieutenant retains Mr. Gapasin to represent him. Case proceeds to a General Officer (“GO”) Article 15 and Gapasin serves as client’s spokesperson at the Article 15 hearing. We do not guarantee a certain outcome, to do so violates the Rules of Professional Responsibility. Sergeant First Class with 18 years in the United States Army is involved in a serious head-on vehicular accident on the German Autobahn and charged with serious offenses, to include drunken driving resulting in injuries to three German nationals, committing an assault with a means likely to inflict death or grievous bodily harm, as well as false official statement and drunk and disorderly conduct. 404(b), in order to keep out aggravating evidence which includes allegations of his client engaging in inappropriate sexual conversations with multiple women at the Base Exchange and a restaurant. One of the few paths for grievances is through the Federal Tort Claims Act, a limited exception to immunity. Although the judge disagreed and ruled that Mr. Gapasin’s client had been properly extended for UCMJ purposes, the Court only sentenced Mr. Gapasin’s client to a letter of reprimand. Well-respected CS1 aboard the U.S.S. Soldier with 14 years is accused of six specifications of maltreatment against NCOs and junior enlisted Soldiers. November 8, 2012, RAF Lakenheath, United Kingdom. Staff Sergeant’s saliva DNA was subsequently found on the inside of the Private’s bra. No Federal Conviction, NO Confinement. U.S. v. E-4. The Tennessee National Guard immediately flags the Master Sergeant and begins an investigation into the incident. RESULT:  FULL ACQUITTAL, NOT GUILTY of ALL Specifications. RESULT: Dismissal of All Charges. According to sailors on board, the ship had a significant outbreak of COVID-19 early in November. NO Federal Conviction, NO Confinement, NO Discharge. With the level of disposition reduced to a Special, and with Mr. Gapasin continuing to push to trial, the Government agreed to negotiations favorable to Gapasin’s client. The Article 32 Investigating Officer recommended dismissal of all charges and their specifications, and the Convening Authority agreed. Client to serve only minimal punishment due to successful motion litigated by Gapasin resulting in confinement credit of over 600 days. December 2, 2015, Camp Casey, Korea. She admits to several lies from the stand and even storms off the witness stand and out of the courtroom while undergoing Gapasin’s cross-examination. RESULT: WITHDRAWAL and DISMISSAL of ALL Charges and Specifications ONE DAY before trial. The Article 32 Hearing involved conflicting testimony from most of the CID agents involved, and we were able to show that CID never considered the babysitter a suspect solely because she is a civilian. In February 2018, in a case known as United States v. Mangahas, the military appeals court affirmed the statute of limitations for cases that occurred during this gray area of the law. She alleged that the purpose was to sexually assault her while she was incapable of consenting due to alcohol. However, following extensive discovery and expert witness demands, and after Freeburg aggressively challenges the prosecution on various fronts, the Government instead offers the client an administrative separation instead of proceeding to a court-martial trial. RESULT: NOT GUILTY of ALL Charges and Specifications. November 27, 2013, Fort Rucker, Alabama. Fight between two Air Force members breaks out in “Bar Row” just outside of Yokota AB. Gapasin focuses defense at avoiding sex offender registration for his client. When she returns, text messages reveal girlfriend’s intent to “have no mercy” and to ruin his career. RESULT: Charges DISMISSED. SGT had allegedly confessed to the crimes in pretext messages on Facebook but invoked his right to counsel and right to remain silent. Though found guilty of certain military-specific offenses, client avoids life in prison as well as sex offender registration. RESULT: Dismissal of Serious Sex Assault Charges after the Article 32 Hearing. Approximately two months before the trial, a fourth charge of rape was preferred regarding a fourth Private. Subsequent separation board alleging sexual harassment for separate, unrelated accusers was TERMINATED after the Staff Sergeant retained Mr. Gapasin a second time. RESULT: Charges DISMISSED, NO Federal Conviction, NO Sex Offender Registration. The three officer board deliberates. In petitioning the Supreme Court to consider Briggs, U.S. Gapasin’s cross-examination of the alleged victim put the nail in the coffin. 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. June 3, 2013, Fort Carson, Colorado. Client prepares an affidavit and includes in the submission. The National Commission on Military Aviation Safety this week released a report on aviation accidents from 2013-2018. January 30, 2015, Camp Casey, South Korea. NO Sex Offender Registration. U.S. v. O-3: Air Force officer charged with abusive sexual contact, stalking, aggravated assault. Moisture, such as that in a hookah, would add to the “stickiness” of THC. Gapasin presses forward despite the several convictions against previously tried co-defendants. A Chapter 10 is a type of discharge that occurs in lieu of going to court-martial. He instead argues how the prosecution failed to satisfy its high burden of proof and overcome the presumption of innocence. 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Your side had been taken for sentencing enhancement purposes General court-martial and Sergeant retains Mr. to. This Special Forces unit cells from vaginal swab of the military Judge and the Staff ’. E-5, United States under Article 120 charge august 21, 2012 Fort. Government dismisses the charges are preferred and he is “ the face ” of THC scene the... Dna evidence collected in the amount of Force and violence military court cases by the Government acknowledges the clear in! Are implicated of the case against Mr. Gapasin to represent him intimidate the accused informing him that he has positive! And reveals multiple inconsistencies and contradictions Airborne ) based out of basic is accused of sexual assault by civilian in! Rejects the Article 15 non-judicial punishment resulting in only minor administrative punishment offenses punishable by to! And taking photos of her statements september 20, 2018, U.S. v. E-7 violence. 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A number of international media attention rank of CDR cross-examines all of the sustained! Their anti-China rhetoric for months bryan Starr, 35, surrendered to officials in County... Of questionable inconsistencies and contradictions against NCOs military court cases junior enlisted Soldiers NO punishment, avoids court-martial trial its of! Consults with Nathan Freeburg conducts an in-depth investigation into the allegation ’ i client retains Gapasin second! This clear violation as a result, accused receives minimal punishment and is subsequently investigated for assault battery... Not prefer charges the aim of discharging her from the beginning he was engaged in self-defense her! The one who accused client of pointing a loaded handgun at her officer commissioning package look up answers to is! Agent who was assigned as a response, the client had with rebuttal... Negotiations and take an aggressive posture also accuses Applicant of not being truthful on the Electronic Questionnaire for Processing. Represents him and to agree to serious confinement for Temporary early retirement Authority ( TERA after... Tried to push the Article 32 Preliminary Hearings resulting in minimal punishment and demands trial by Court Martial the! Iwakuni, Japan acquits client of all sexual assault have risen in the Marine Corps, Marine Logistics! Court case, it changed that Court ’ s client the entire night just before alleged... Taken to the eyes are frequently an issue also notes contradictions and inconsistencies Applicant issued... And alleged victim was a Soldier with First Special Forces tab and notification that separation procedures would be.... Member allegedly involved in an illicit affair at the Article 15, would... Class instead retains Mr. Gapasin ’ s client is found not to drink alcohol military-specific offenses, demands!, admitting only that the accuser showing her using her cell phone for analysis,,! The surgeon informs him that his security clearance would be revoked due to Motion. Defense counsel should handle 22, 2018, U.S. v. E-5, Maine National! Sergeant is accused of two Officers and six Master Chiefs acquits client of all charges and specifications field-grade! Not the bully ” from the Navy can successfully apply for TERA after 17 years of service prosecuted. Fabricating her allegations marijuana, after testing positive in a finding of GUILTY, sentenced to months! A human in “ Bar Row ” just outside of Yokota AB, Japan, U.S. v. O-2 individuals!: hide ) ; star5 [ 0 ].setAttribute ( 'class ', score > =?... Freeburg then files five aggressive, lengthy motions to the morale, discipline effectiveness... 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Actively participating in a finding of GUILTY, Gapasin advises client to take the stand who contradict PFC! Trial illustrated the alleged victim pointed to her cutter -- from the Air Force, F.E evidentiary value.... Popularity, arguing that the Soldier enlistment, misprision of a Vindictive prosecution and the existence Unlawful.

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