Aggressive Cross
Aggressive Cross-Examination Exposes Fabrication, Delivers NOT GUILTY To 26 Specifications
July 15, 2024, U.S. v. E-5, United States Air Force, MacDill AFB, Tampa, Florida. Staff Sergeant is accused by wife for multiple allegations of domestic violence from 2017 through 2021. OSI investigates Staff Sergeant for these allegations including several incidents of rape and even attempt murder. His accuser wife provides photos of bruises all over her body, claiming how her husband Staff Sergeant violently beat her, kicking her while she was on the floor, pushing her down a flight of stairs, choking her on multiple occasions and also sexually assaulting and raping her on numerous occasions resulting in injuries. She also presents a secret recording to OSI where he purportedly apologizes for raping her, as well as a handwritten letter where he supposedly admits to “physically hurting her at times”. Following a long investigation by OSI, probable cause for multiple allegations is found. Staff Sergeant retains Mr. Gapasin in April 2022 to represent him after the Government prefers his case to a General Court-Martial which included 6 charges and 34 total specifications. Charges range from various allegations of assault and battery, rape, sexual assault and attempt murder. The maximum punishment is life to include the collateral consequence of sex offender registration. Gapasin begins an aggressive defense at the Article 32 hearing which is held at Aviano AFB, Italy, where he immediately attacks the credibility of the accuser's statements, revealing inconsistencies and contradictions. Gapasin already knows that its defense is to reveal the accuser's motive to fabricate, which is to report false allegations for purposes of gaining full custody of their daughter and to gain an upper hand in a nasty divorce. Gapasin conducts numerous witness interviews and collects substantial discovery in preparation for trial. Experts are also appointed to the defense to testify about various medical matters such as a miscarriage which purportedly occurs after one of the assaults. After numerous continuances and delays, trial finally begins approximately 3 years after the investigation kicked off. At trial, the Government's case takes a predictable approach. Gapasin takes advantage of this when he conducts an aggressive, surgical 3-day cross-examination of his client's accuser. She tries hard to dodge questions, to take the moral high ground, and to act the part of the victim, but the panel doesn't buy it. Over the course of 3 days, the accuser's credibility weakens as the cross-examination progresses. She is caught in several lies after Gapasin impeaches her while she is on the stand and also multiple times through subsequent witnesses, to include an OSI investigator whom she interviewed with. The photos she gives to OSI of bruising have no metadata to indicate the actual dates and times, and she fails to explain her lack of bruising and her happy demeanor in multiple rebuttal photos presented by the defense. Then, in a dramatic re-cross of the accuser that takes place on the third day, Gapasin lashes out at the accuser on the stand, accusing her of perjury under the UCMJ. All in the courtroom are convinced she is a liar and that she fabricated her allegations against Gapasin's client for personal gain and revenge. RESULT: FULL ACQUITTAL. At the conclusion of this 3-week General Court-Martial trial, the Enlisted and Officer Panel found Mr. Gapasin's Client NOT GUILTY of ALL remaining 26 Specifications, to include finding him NOT GUILTY of Attempt Murder, Rape, and multiple specifications of Assault and Battery. NO Confinement, NO Sex Offender Registration, and NO Federal Conviction.