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RE: Wacker: McShan contact info and discovery information



Captain Hur, as the senior govt trial counsel your request for production of Major Shibata, without some form of supporting documentation (affidavit/statement) will be denied as to relevancy. Have you files a specific request for production her setting forth a detailed synopsis of her expected testimony demonstrating relevance/materiality?

LTCOL Sean M. Sullivan, USMCR
Staff Judge Advocate, MCRD
3700 Chosin Ave, Building 12
San Diego Ca 92140
(O)  619 524 4104 DSN 524 4104
(BB) 619 302 2145  


-----Original Message-----
From: Day Capt Evan S 
Sent: Friday, January 14, 2011 12:07
To: Hur Capt Christian P
Cc: Hatch MAJ Douglas C; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean
Subject: RE: Wacker: McShan contact info and discovery information

Capt Hur,

The contact info you gave for Ms. McShan is the same as what we have; we are just not getting any responses.

With regard to UCI witnesses, if there was a point in the motions session where the MJ ordered the government in advance to produce all the witnesses the defense might ask for in the future, beyond those that were specifically discussed by name on the record, I missed it.  You are certainly welcome to come over here and review the audio if you want to direct my attention to it.  Until then, we are still considering every witness request individually under RCM 703 and you can take any disagreements you have with our decisions to the MJ.

The government's response regarding Mr. Phillipowsky and Maj Shibata is unchanged.

Very Respectfully,
Captain Evan S. Day
Judge Advocate
Joint Law Center
3D MAW/MCAS Miramar
P.O. Box 452013
San Diego, CA 92145-2013
Comm: (858) 577-1862
DSN: 267-1862
evan.s.day@usmc.mil

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-----Original Message-----
From: Hur Capt Christian P 
Sent: Friday, January 14, 2011 11:33
To: Day Capt Evan S
Cc: Hatch MAJ Douglas C; haytham@puckettfaraj.com
Subject: Wacker: McShan contact info and discovery information

Capt Day,

You said you needed better contact info for Jodi McShan.  This is what we have, please use it to contact her: 

Jodi McShan 214-797-8883
jodimcshan@gmail.com
jodi@mcshan.com

Regarding UCI witnesses, the judge asked the defense to tell the government what witnesses it wanted for the UCI hearing and the government would produce all of them.  We listed the witnesses we needed in our UCI motion that support the motion's fact section.  We also included affidavits and other evidence.  Mr. Phillipowsky is relevant at the UCI motion because he has made allegations and alleged that he possesses documents that indicate that Col Smith told a woman that was not raped to claim she was raped in order to avoid prosecution herself.  If true, these facts are substantially similar to the allegations in Capt Wacker's case and other cases.

Maj Shibata (as MCRD's deputy G-1) is relevant concerning her knowledge of what transpired in Capt Wacker's and related cases while he was stationed at MCRD San Diego and his transfer to MCAS Miramar.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

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