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US v. Rowe Telephonic 802



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

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