Mr. Faraj, We are certainly willing to work with you. I agree that the CG's intent seems to be that Capt Rowe is out of the Marine Corps. If we have a deal that gets us there, then I think both sides should do what we can to favorably endorse that to the CG. I was not saying that the BOI waiver was an absolute necessity, but thought that was a starting point that had been discussed. Capt Peter C. Combe II Trial Counsel Office of the SJA, MCB Quantico 3250 Catlin Ave. Quantico, VA 22134 Comm: (703) 784-0037 DSN: 278 Fax: (703) 784-0035 DSN: 278 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, October 27, 2011 11:35 To: Combe Capt Peter C; Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: RE: Defense motion to continue U.S. v. Rowe I recall we discussed an NJP and an immediate unqualified resignation. I know that Capt Rowe's career is over. But he is not going to be separated at court martial even if you secure a conviction on one of the charges. He has an excellent record of service and has been in combat. The members will retain him. If a BOI is held after retention by a court-martial they will either retain, or separate with a General or Honorable. I can get you there if you are willing to work with me. A BOI with a board waiver does not get us there. The CG wants him out. I get it. But the CG will waste a lot of time working to get him out without a deal. Remember that he suffers from severe PTSD and Marine Corps policy requires that he go through a series of steps before he is separated and certainly not with an OTH. I know you and Capt Hoover do not have much discretion in what happens but I hope you can work with the SJA and the CA to make them understand that we can both get to our objectives without taking inflexible positions. -----Original Message----- From: Combe Capt Peter C [mailto:peter.combe@usmc.mil] Sent: Thursday, October 27, 2011 10:44 AM To: Haytham Faraj; Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: RE: Defense motion to continue U.S. v. Rowe Mr. Faraj, The deal that we had previously discussed was an NJP to the adultery, indecent act, conduct unbecoming type offenses with a BOI waiver. If that is what you are asking, then yes, those are the terms we believe are in the ballpark. Capt Peter C. Combe II Trial Counsel Office of the SJA, MCB Quantico 3250 Catlin Ave. Quantico, VA 22134 Comm: (703) 784-0037 DSN: 278 Fax: (703) 784-0035 DSN: 278 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, October 27, 2011 10:34 To: Hoover Capt Christopher M Cc: Mcconnell Major Matthew N; Combe Capt Peter C Subject: RE: Defense motion to continue U.S. v. Rowe Is this under the same terms that we previously discussed? -----Original Message----- From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] Sent: Thursday, October 27, 2011 8:09 AM To: Haytham Faraj Cc: Mcconnell Major Matthew N; Combe Capt Peter C Subject: RE: Defense motion to continue U.S. v. Rowe Gentlemen, We will not be requesting another deposition for Jeremy Owens. We already have 90% of his testimony sworn from his first deposition. Immunity has been provided through the DOJ, so Owens is available for interviews. We have already spoken with him this morning. The SJA for the CG has indicated that they will entertain offers for a deal at this point. I would recommend submitting a deal ASAP. The indication is that there is a good chance that we will be trying this case. If you provide a deal now, we can work on getting approval. If the deal is untimely, then it is hard to sell approval if we are rushed. I would think that you would also like to know if you have a deal or not, so you can prepare if required. Captain Christopher M. Hoover Military Justice Officer Marine Corps Base Quantico (703) 432-0488 (office) (603) 809-5781 (cell) -----Original Message----- From: Hale LtCol Charles C Sent: Wednesday, October 26, 2011 10:11 To: 'Haytham Faraj'; Hoover Capt Christopher M; Combe Capt Peter C Cc: Mcconnell Major Matthew N; Miller Sgt Dan R; Presley Sgt Zane A; Hansen Cpl Logan R; 'Hoey, Jeffrey T Sgt TRIJUDACT, WNYD' Subject: RE: Defense motion to continue U.S. v. Rowe Counsel, Government response to the defense motion to continue is due by 0730 27 Oct 2011. Charles C. Hale Lieutenant Colonel, U.S. Marine Corps Circuit Military Judge Northern Judicial Circuit Bldg 200, 1250 10th St SE Suite 1300 Washington Navy Yard, DC 20374 http://auth.cnic.navy.mil/NDW/RegionNews/CourtDockets/NorthernJudicialCircui t/ Phone: (202) 685-5893 Direct Line 202-685-5897 Quantico Judge's Chambers 703-432-2369 Fax: (202) 685-5895 charles.c.hale@navy.mil -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, October 26, 2011 9:34 To: Hale LtCol Charles C Cc: Mcconnell Major Matthew N; Miller Sgt Dan R; Presley Sgt Zane A; Hansen Cpl Logan R; jeffrey.hoey@navy.mil Subject: Defense motion to continue U.S. v. Rowe Your honor, The defense motion is attached. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC 835 Mason Street Suite 150-A Dearborn, MI 48124 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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