Roger that. No hurry.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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 703-706-9566 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.
On Oct 3, 2011, at 3:39 PM, Haytham Faraj wrote: I’ll review and draft a letter. From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, October 03, 2011 2:42 PM
To: Faraj Haytham
Subject: Air Force Circuit Rules for withdrawal Partner, We'll need to comply with this rule, with a justification and averring we have the client's consent. I'm not really clear on what reason we're going to give. Not as easy as in the old days when you just got the client to waive. AF is the most rule-bound of the services. N 1800 Diagonal Rd, Suite 210 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 703-706-9566 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. Date: October 3, 2011 2:38:33 PM EDT Subject: RE: U.S. v. Burke - Understood. Dr. Papcun is going to be great for us. Here is the rule on
dismissal of civilian counsel.
Air Force Rules of Court, Rule 2.4
(C) CIVILIAN DEFENSE COUNSEL. Civilian defense counsel may not withdraw
from representation of the accused without the military judge's approval,
whether or not the accused desires to release the civilian counsel. Willful
failure of a fee-paying client to comply with the terms of the contract for
representation may provide grounds for counsel to request to withdraw. The
failure to pay the fee does not, however, terminate the attorney's
obligations as an officer of the court. If counsel seeks permission to
withdraw before the case is docketed for trial, send the request to the CDO
for action by the CTJ or DCTJ.
So if Haytham is not going to be available, and Burke is OK with that, we
want to file Haytham's request to withdraw soon.
The course is going well and I'm glad my computer access is actually working
the way it is supposed to : ) If you have a list of things you want/need
printed out to have available at trial, please let me know so I can work to
get all that together once I get to Dyess.
/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, October 03, 2011 2:00 PM
To: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
Cc: Faraj Haytham
Subject: Re: U.S. v. Burke -
Thanks, Ranae! Just between you and me for the moment, Haytham has gotten
pretty busy of late and is unlikely, as of today, to be able to make the
trip. So it'll be just you and me for the trial. Haven't told our client
yet. Was going to wait a bit. Will call him later in the week to discuss.
Just got good news from Dr. Papcun. He can definitively say that there was
less background noise before the car door closing than before and that it
remained the same throughout the rest of the call. He's going to render
some sound "images" that prove it. He can already prove that the car engine
revving was from a car that was moving neither toward nor away from the
phone making the call. We only need ask Wendy a few more questions to be
able to pin her down that she didn't climb into her car after "finding" it,
as one would not do if making a stolen/crashed vehicle report to the cops.
You'd want to leave the car in the place you found it for the cop to find.
We can prove she's lying about the whole assault, driving drunk, car theft,
leaving the scene of an accident thing, solely through audio forensics.
Hope you're enjoying the course!
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
www.twitter.com/puckettfaraj
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 703-706-9566 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.
On Oct 3, 2011, at 1:23 PM, Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
wrote:
Neal, Haytham:
Here was the email chain that I guess was empty on your end because of the
encryption.
/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
-----Original Message-----
From: Gorham, Jonathan P Capt USAF ACC 7 MDOS/SGOW
[mailto:Jonathan.Gorham@dyess.af.mil]
Sent: Monday, October 03, 2011 11:10 AM
To: Kouba, Dustin B Capt USAF ACC 7 BW/JA; Williams, Gregory J Maj USAF ACC
7 MDOS/7 MDOS/SGOW
Cc: Campbell, Christine L Maj USAF ACC 7 MDG/SGH; Doser-Pascual, Ranae L
Capt MIL USAF AFLOA/JAJD; neal@puckettfaraj.com; haytham@puckettfaraj.com;
ALBERTSON, KIRK W Capt USAF AMC AFLOA/JAJG; Mann, Elizabeth A SSgt USAF ACC
7 BW/JA
Subject: RE: U.S. v. Burke -
Capt Kouba,
I believe you are asking for a certified true copy of the record. Is that
correct? If you can clarify that this is correct, I can have that ready for
you to pick up by COB.
Very Respectfully,
Dr. Gorham
Jonathan Gorham, PsyD, Capt, USAF, BSC
Mental Health Flight Commander
Dyess AFB, TX
DSN: 461-5380; Comm: 325-696-5380
jonathan.gorham@dyess.af.mil
-----Original Message-----
From: Kouba, Dustin B Capt USAF ACC 7 BW/JA
Sent: Friday, September 30, 2011 3:45 PM
To: Gorham, Jonathan P Capt USAF ACC 7 MDOS/SGOW; Williams, Gregory J Maj
USAF ACC 7 MDOS/7 MDOS/SGOW
Cc: Campbell, Christine L Maj USAF ACC 7 MDG/SGH; Doser-Pascual, Ranae L
Capt MIL USAF AFLOA/JAJD; Puckett Neal; Faraj Haytham; ALBERTSON, KIRK W
Capt USAF AMC AFLOA/JAJG; Mann, Elizabeth A SSgt USAF ACC 7 BW/JA
Subject: U.S. v. Burke -
Maj Williams & Capt Gorham,
The attorneys for 1st Lt Patrick T. Burke (the Defense) have notified the
Government of their intent to offer the defense of lack of mental
responsibility at trial. As a result of this notice/intent, the Defense has
already provided the Government the Sanity Board "Long" Report.
Additionally, both of you are now potential witnesses for the court-martial.
At this time the Government requests you provide copies of any and all notes
created as part of or a result of the sanity board. Anything you provide to
the Government will be copied to the Defense immediately.
Please let me know if you have any questions or concerns regarding this
matter.
v/r,
Dustin B. Kouba, Capt, USAF
Chief, Adverse Actions
7 Lancer Loop, Ste 223
Dyess AFB, TX 79607
DSN: 461-2035
Comm: 325-696-2035
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