Haytham, After reading Owens' depo, the facts don't really mesh for filing this motion to dismiss. I thought Owen was going to admit to having consensual oral sex w/ Klay. But I guess Owens wasn't a participant, right? From his testimony, he's saying that he never had any kind of sexual contact with Klay. But on page 19, there is this: =============== Q. Okay. I guess this is the logical follow-up, but did you do anything? Were you engaged in any kind of activity up there? A. I'm not going to answer that. =============== Not sure what to make of that - what's the plan WRT Owens' testimony? He seems friendly to us, but my gut says there's something out there that we don't want. Just "spidey-sense," nothing tangible other than the quote above. Re: the quote after the US v. Sims case, that's just my argument. :) It'd be awesome if Sims said that, but we're not that lucky. S. Russell Shinn Captain, US Marine Corps Officer-in-Charge Defense Counsel Assistance Program Marine Corps Defense Services Organization 703.614.0885 (w) 703.470.0671 (c) "Marines Defending Marines" ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in or attached to this communication is confidential, legally privileged and intended for use only by the individual or entity to which it is transmitted. Any other use of this communication is strictly prohibited. Do not disseminate without the approval of the OIC, DCAP. This e-mail and all other electronic or voice communication from this address are for informational purposes only. No such communication is intended by the sender or the agency to constitute either an electronic record, or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means. If you receive this e-mail in error, please permanently delete the original and any other copies or printouts of this e-mail, and notify me immediately at the above e-mail address or phone number. To the extent the information contained in or attached to this communication contains Privacy Act information, that information is for OFFICIAL USE ONLY. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, November 10, 2011 14:02 To: Shinn Capt Scott R Subject: Indecent act motion I like the idea behind this motion. It does not hurt to file it using the facts of our case. In the alternative, I certainly believe that we would be entitled to a special instruction as follows: Definition of open and notorious, and; "Members if you find that Capt Rowe engaged in an open and notorious sexual act with Ariana Klay in the presence of Jeremy Owens then you may find him guilty; If on the other hand you find that Jeremy Owens was a willing and intended participant and that the locus of the sexual act was not in a location that is open and notorious, then you must find Capt Rowe Not Guilty of the charge of indecent act." The motion you sent me does not have a citation to language related to the third person being an intended participant. Is that just an argument based on the case law or does the court actually says that in Sims. -----Original Message----- From: Shinn Capt Scott R [mailto:scott.shinn@usmc.mil] Sent: Thursday, November 10, 2011 1:36 PM To: Haytham Faraj Subject: RE: Capt Rowe Documents 1 Haytham, Here are the docs we talked about on the phone (Owens depo & statement along with the motion to dismiss) SF Russ -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, November 10, 2011 11:25 To: Shinn Capt Scott R Cc: Mcconnell Major Matthew N Subject: Re: Capt Rowe Documents 1 Russ, Please forward me the emails Jim sent yesterday. There are missing pages in the 32 Transcript and from phone transcript. Please ask Matt McConnell for them. I only have hard copies and I'm away from my office this week. I would like to meet with you on Thursday of next week before the 39a on the 18th. Let's plan to do it in my office on the 17th. Jim I would like you to be there also. I will have trial exhibits ready for review. Our motions have to be in today. See if you can put together the multiplicity motion. Remember the judge k ones the law. A short motion is sufficient. Please don't spend too much time on it. Happy Birthday men! Semper Fi Haytham Faraj Sent from my iPhone On Nov 10, 2011, at 9:59 AM, "Shinn Capt Scott R" <scott.shinn@usmc.mil> wrote: > Gentlemen, > I'm missing page 143 from the Rowe Art 32 transcript. Can someone provide it to me? > > > Thanks! > > V/r > Capt Shinn > > -----Original Message----- > From: Mcconnell Major Matthew N > Sent: Wednesday, November 09, 2011 12:27 > To: Shinn Capt Scott R > Subject: Capt Rowe Documents 1 > > Russ, > > Attached are more documents for Capt Rowe. These are the misc. documents I have in my electronic file. The will be the first of several e-mails. Thanks. > > s/f > Maj M > > Major Matthew N. McConnell, USMC > Senior Defense Counsel, MCB Quantico > Defense Services Organization, Eastern Region > Marine Corps Base, Quantico > 3250 Catlin Avenue > Quantico, VA 22134 > Front Desk: 703.784.4615 > Office: 703.432.0182 > >
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