Mr. Faraj, I just called your office and you were on the phone. As of right now we have not gotten any response from Col Riley regarding a consent motion to continue. He is attending an SJA's conference and is unavailable. However, in a brief exchange he seemed hesitant to consent to a continuance based on the fact that the command has identified, and is in the process of finalizing members. Based on the current timeframe I believe that it will be necessary for the defense to file a motion to continue. It is possible (as I have seen it done in this circuit before) to resolve this motion without oral argument or via an RCM 802 conference with the military judge. Also, if absolutely necessary, we have a judge available for a 39a this week. Please let me know the way you intend to take going forward. Very Respectfully, 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: Monday, October 24, 2011 17:37 To: Combe Capt Peter C; Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: Rowe reasons for the continuance Gentlemen, I am writing to request concurrence for a continuance of the Rowe trial. The trial is currently scheduled to commence on November 1. I am requesting that it be continued until March 5, 2012. The primary purpose for the lengthy delay is because I am scheduled to for the U.S. v. Wuterich trial from January 4 until January 31, 2012. U.S. v. Wuterich is a case that resulted from the killings of 24 civilians in the town of Haditha in Iraq on November 19, 2005. That case has languished due to lengthy appellate matters that were recently resolved. The gravity of the charges in that case and its age require me to invest substantial time to get ready. Our firm has, therefore, set aside the month of December to prepare. I previously notified Trial Counsel that I would be agreeable to a date in November. I am currently available the week of November 14 and the week of November 28. While the November dates I proposed are agreeable, I request that you keep in mind our request to immunize Mr. Owens and our request for an expert. So long as those two matters can be accomplished, I will be available during the two proposed November dates. The defense will agree that the delay will be excludable. Thank you for consideration of my request 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 <http://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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