I am a big Col Ewers fan, but beyond taking a break for a few hours, would prefer if we pressed on to see if we could finish this at a reasonable time on the 26th. If we need the 27th, so be it, but prefer we keep our options open. Always willing to begin phone testimony on the 25th as well. -----Original Message----- From: Day Capt Evan S Sent: Monday, March 15, 2010 13:01 To: Sayegh LtCol Michael E; Hur Capt Christian P Cc: Keske Maj Zenon W; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hatch MAJ Douglas C Subject: RE: Article 32 location ICO U.S. v. Capt Wacker, D.S. Gentlemen, I noticed that the farewell event for Col Ewers has been scheduled at 1500 on the 26th, during the Article 32. If the IO or any counsel want to want to attend that event, I propose that we take telephonic witnesses from 0800-1300 on the 26th and then resume on the 27th to take testimony from any live or telephonic witnesses for either side who have not yet testified. The government will provide an exhibit list NLT tomorrow and submit copies of any exhibits to which the defense does not object via Maj Bueno or Capt Woo on Thursday. The uniform will be desert utilities, sleeves up. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1843 DSN: 312-267-1843 Fax: 858-577-1734 Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: Sayegh LtCol Michael E Sent: Friday, March 12, 2010 8:47 To: Day Capt Evan S; Hur Capt Christian P Cc: Keske Maj Zenon W; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hatch MAJ Douglas C Subject: RE: Article 32 location ICO U.S. v. Capt Wacker, D.S. AlCON: No concerns with this from my perspective. I would like to offer that I am willing to review anything in advance that both sides agree would be appropriate. Three of my counsel will be in your area next week. Captain Bost will be at the defense counsel training aboard Miramar, and Major Bueno and Captain Woo will be at the TC training aboard Pendleton. They can deliver anything in a sealed box to me, but please do not send me the original exhibits so that I may mark up whatever you send me. To be clear, I only want to see what both parties agree on. Additionally, I will be aboard Miramar in the early afternoon on the 24th, and would also be happy to pick up anything I could review prior to going on the record on the 25th. Finally, please advise if I am under the wrong impression if the uniform is not going to be desert pattern/sleeves up utilities. s/f LtCol Sayegh -----Original Message----- From: Day Capt Evan S Sent: Friday, March 12, 2010 9:33 To: Hur Capt Christian P; Sayegh LtCol Michael E Cc: Keske Maj Zenon W; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hatch MAJ Douglas C Subject: Article 32 location ICO U.S. v. Capt Wacker, D.S. Gentlemen, The Article 32 investigation in the subject case will be held in the Joint Law Center courtroom and hearing room on board MCAS Miramar on 25-26 March. The government proposes to take testimony from live witnesses on 25 March and from telephonic witnesses on 26 March. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1843 DSN: 312-267-1843 Fax: 858-577-1734 Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
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