Client accused of raping a fellow soldier and sexually assaulting another soldier. Strong DNA evidence and bruises supposedly supported the prosecution. Mr. Waddington and CPT Ernesto Gapasin fought the Article 32 and the Government’s star witnesses were impeached. Despite the Article 32 recommendation in favor of the defense, the prosecution pressed forward with all charges and brought in a seasoned special prosecutor. The defense demanded additional DNA testing for use at trial. Co-counsels CPT Tim Bilecki and CPT Ernesto Gapasin, tried the case in front of an enlisted panel with Mr. Waddington serving “of counsel.”
Result: NOT GUILTY of rape, guilty of wrongful sexual contact, acquitted of all remaining charges
Punishment: The military jury gave NO PUNISHMENT

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