Fwd: U.S. v. Wuterich UCI Motion and exhibits

Begin forwarded message:

From: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil>

Date: March 10, 2010 9:49:21 PM EST

To: "Jones LtCol David M" <david.m.jones5@usmc.mil>

Cc: "Neal Puckett" <neal@puckettfaraj.com>, "Tafoya LtCol Patricio A" <patricio.tafoya@usmc.mil>, <cvokey@fhsulaw.com>, <bethanytrujillo@yahoo.com>, "Sullivan LtCol Sean" <sean.sullivan@usmc.mil>, "Plowman Maj Donald J" <donald.plowman@usmc.mil>, "Haytham Faraj" <haytham@puckettfaraj.com>

Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Sir,

We are on for the 802. We are scheduled for 1500PST, 11 March 2010 (0800, 12 March 2010 Okinawa time). All parties are available Your Honor.

Conference Line Number: COMM: (760) 725-8101; DSN: 365-8101.

All the participants need to do is call the number at the time/date indicated above and they will automatically be "conferenced" to the call Sir.

Very respectfully,
Major Gannon

Desk: 760-725-4820
Blackberry: 760-208-7090

-----Original Message-----
From: Jones LtCol David M
Sent: Tuesday, March 09, 2010 21:53
To: Gannon Maj Nicholas L; 'Haytham Faraj'
Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; '<cvokey@fhsulaw.com>'; '<bethanytrujillo@yahoo.com>'; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Great,

And then let me know the phone number, like last time.

R,

LtCol David M. Jones
Circuit Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035
From the U.S.: 81-611-745-7287 / 2156
-----Original Message-----
From: Gannon Maj Nicholas L
Sent: Wednesday, March 10, 2010 14:49
To: Jones LtCol David M; 'Haytham Faraj'
Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; '<cvokey@fhsulaw.com>'; '<bethanytrujillo@yahoo.com>'; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Your Honor,

Thank you for this response. I will take coordination from here. I believe that all parties will be available for the 802. I will make final confirmation, and will advise the Court as soon as I have a determination of everyone's availability.

Very respectfully submitted,
Major Gannon

-----Original Message-----
From: Jones LtCol David M
Sent: Tuesday, March 09, 2010 20:40
To: Gannon Maj Nicholas L; 'Haytham Faraj'
Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; '<cvokey@fhsulaw.com>'; '<bethanytrujillo@yahoo.com>'; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Major Gannon,

Yes. I will be available at 0800 my time on 12 March. I am scheduled for court at 0830 but I can delay the proceedings if necessary.

R,

LtCol David M. Jones
Circuit Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035
From the U.S.: 81-611-745-7287 / 2156
-----Original Message-----
From: Gannon Maj Nicholas L
Sent: Wednesday, March 10, 2010 10:54
To: Jones LtCol David M; 'Haytham Faraj'
Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; '<cvokey@fhsulaw.com>'; '<bethanytrujillo@yahoo.com>'; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Sir,

Are you available for an 802 for an 802 conference at 1500PST, 11 March 2010? (0800, 12 March 2010 your time Sir)

Very respectfully,
Major Gannon

-----Original Message-----
From: Jones LtCol David M
Sent: Monday, March 08, 2010 21:35
To: 'Haytham Faraj'; Gannon Maj Nicholas L
Cc: Neal Puckett; Tafoya LtCol Patricio A; <cvokey@fhsulaw.com>; <bethanytrujillo@yahoo.com>; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

Counsel,

It is now Tuesday afternoon in Okinawa. I indicated that I wanted to have an 802 in this case for Tuesday morning my time. Major Gannon, would you be able to assist in this endeavor?

R,

LtCol David M. Jones
Circuit Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035
From the U.S.: 81-611-745-7287 / 2156
-----Original Message-----
From: Haytham Faraj [mailto:Haytham@puckettfaraj.com]
Sent: Thursday, March 04, 2010 8:16
To: Gannon Maj Nicholas L
Cc: Jones LtCol David M; Neal Puckett; Tafoya LtCol Patricio A; <cvokey@fhsulaw.com>; <bethanytrujillo@yahoo.com>; Sullivan LtCol Sean; Plowman Maj Donald J
Subject: Re: U.S. v. Wuterich UCI Motion and exhibits

Your honor,
The defense objects to the government's refusal to produce the
requested witnesses. Maj Gannon identified a key matter in his email.
The initial burdan is on the defense. He did not concede that we have met the burden. Accordingly, the requested witnesses are relevant and necessary for us to meet our burden and prove the alleged UCI. We would be willing to depose Generals Hagee and Conway as well as Secretary Winters so long as the governments waives all objections to the admissibility of the depositions. Gen Mattis is another matter, however. He is a critical witness in this matter as evidenced by our motion, the case I included, and Judge Folsom's findings in the
Chessani case. His previous testimony is not an adequate substitute
because SSgt Wuterich's counsel did not have an opportunity to pose questions to him. Moreover, although he testified on general matters that may be useful to our motion, most of his testimony was related to LtCol Chessani. That said, we may be willing to enter into a stipulation of fact (not expected testimony) regarding his testimony
as a substitute.   In the meantime, however, I request you order the
Government to be prepared to produce the requested witnesses. They have known for months that these witnesses -or most- would be necessary for this motion.

Vr,

Haytham Faraj
760-521-7934
Sent from my iPhone

On Mar 3, 2010, at 5:42 PM, "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil > wrote:

Your Honor,

Good morning Sir. With respect to the due date for the motions, the

government and the defense have been working off of the following

mutually agreed upon briefing schedule:

Motions Due: 22 February 2010

Responses Due: 15 March 2010

39a Session: 22-? March 2010

If the court directs, we can submit our response motion on 9 March

2010, however, our preference is to keep the responses due on 15 March

2010 Your Honor. Of course, we will comply with anything the Court

directs Sir.

On another note, with respect to evidence, the Government will call

LtGen Helland (Ret), as well as LtCol Riggs. As the Court is aware,

the defense has listed eight witnesses in the "Evidence" section of

their 22 Feb 2010 UCI motion. It is the government's position that

several of the witnesses listed in the defense motion are not relevant

or necessary, and consequently, the government does not intend to

produce theses witnesses. Each witness is discussed below Sir.

General Mattis: The government will be relying on General Mattis'

former testimony in the Chessani case for our response to the

defense's UCI motion. We have determined that General Mattis can be

made available by way of VTC, but on the initial round of litigation

we do not intend to present the General's testimony. If the burden

shifts to the Government as a result of the 22 Feb 2010 defense

motion, we may call General Mattis, depending on the Court's findings.

If the defense wishes to present General Mattis'

testimony during the week of 22 March 2010, we respectfully request

that Court direct the Defense team to justify General Mattis'

production. In other words, itâs the government's position that Gen

eral Mattis' former testimony is on point and it unclear what additi

onal probative evidence is not already covered in General Mattis' fo

rmer testimony.

Col Ewers: Col Ewers will be available to testify should the defense

wish to call him; the government's intent is to rely on Col Ewers'

former testimony for our motion response.

LtCol Ware: this witness will be available.

Finally, the government does not intend to call Secretary Winters,

General Hagee, or General Conway. It is our position that they are

not relevant or necessary witnesses.

One final note Sir: the government would like to present General

Helland's testimony on 23 March 2010 as opposed to 22 March 2010.

We can proceed with the Court's plan of having an 802 on 22 March 2010

at 0830, and thereafter allow the defense to present their case in a

effort to shift the burden to the government, and then the government

will present its evidence, but due to scheduling issues, we wish to

present Gen Helland on 23 March 2010.

Please advise if the above is agreeable to the Court Sir.

Very respectfully submitted,

Major Gannon

Nick Gannon

Major, USMC

Officer-in-Charge,

Legal Team Echo

Legal Services Support Section

1st Marine Logistics Group, Box 555607 Camp Pendleton, CA 92055-5607

Desk: 760-725-4820

Blackberry: 760-208-7090

Fax: 760-725-4500

nicholas.gannon@usmc.mil

-----Original Message-----

From: Jones LtCol David M

Sent: Tuesday, March 02, 2010 22:55

To: 'Haytham Faraj'

Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; cvokey@fhsulaw.com;

bethanytrujillo@yahoo.com ; Sullivan LtCol Sean; Plowman Maj Donald J;

Gannon Maj Nicholas L

Subject: RE: U.S. v. Wuterich UCI Motion and exhibits

All,

In receipt of the above motion with exhibits. I am awaiting the

government response. I believe that when we had an 802, it was

decided that the counsel would come up with the trial schedule in this

case and get that to me. I have never received the proposed trial

dates. I understand that everyone wishes to litigate ONLY this UCI

motion at our session the week of 22 March 2010. But, I still want a

trial schedule set up.

As you probably are aware, I will be attending the IMJS in Reno the

week before we do these motions. I understand that there are possible

many high-ranking people who are being called by both sides as

witnesses. This is why I agreed to only hear one motion and gave you

three months to get it organized.

Here is how I see the order of march. We will have an 802 conference

at 0830 on the 22nd. Then we will proceed with the motion. I will be

available all week, Monday through Friday to litigate this motion, if

necessary. I am not planning on leaving until Saturday, 27 March. I

am happy to litigate or resolve any other issues during my stay. We

will start court each morning at 0830.

So, what I would like within one week's time is the government's

response and the proposed trial schedule.

R,

LtCol David M. Jones

Circuit Military Judge

Western Pacific Judicial Circuit

Navy-Marine Corps Trial Judiciary

Office: 645-7287 / 2156

Fax: 645-2035

From the U.S.: 81-611-745-7287 / 2156

-----Original Message-----

From: Haytham Faraj [mailto:Haytham@puckettfaraj.com]

Sent: Tuesday, February 23, 2010 11:24

To: Jones LtCol David M

Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; cvokey@fhsulaw.com;

bethanytrujillo@yahoo.com ; Sullivan LtCol Sean; Plowman Maj Donald J;

Gannon Maj Nicholas L

Subject: U.S. v. Wuterich UCI Motion and exhibits

Your Honor,

The defenseâ motion and exhibits are attached.

Vr,

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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www.puckettfaraj.com <http://www.puckettfaraj.com/>

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