Good morning Gentlemen, This morning counsel had a telephonic 802 with LtCol Hale. In this 802 we discussed the following: 1. Due to developing case law with regard to conflicts of interest, it has become apparent that Maj McConnell, the detailed defense counsel, has a conflict of interest. Based on that conflict, the accused has released Maj McConnell, and he will be replaced by a new detailed defense counsel. 2. This conflict and release of counsel has lead to the defense requesting a continuance until the week of 28 November. The military judge indicated that due to the detailing of new counsel he is granting the defense continuance request and we will begin trial at 1300 on 28 November. 3. This new trial date necessitates the following trial milestones: - 11 Nov 2011, motions due. - 16 Nov 2011 (1200), motion responses due. - Pretrial 39a is scheduled for 18 November. No specific time was set, but the defense indicated a preference for the morning. Very Respectfully, Peter C. Combe II Capt, U.S. Marine Corps Trial Counsel Office of the Staff Judge Advocate Military Justice Office Marine Corps Base Quantico 3250 Catlin Avenue Quantico, VA 22134 Comm: (703) 784-0037 DSN: 278 Fax: (703) 784-0035 DSN: 278 NOTICE: This electronic transmission contains privacy sensitive information, attorney work-product or information protected under the attorney-client privilege. It is confidential, legally privileged and intended for use only by the individual or entity which is entitled to receive this transmission for official use only. Any misuse or unauthorized access is strictly prohibited and may result in both civil and criminal penalties. Do not release this information without prior authorization from the sender. If this has inadvertently reached the wrong party, please delete all materials pertaining to it immediately and notify the sender at the email address or phone number above. This electronic transmission is also not 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.
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