It's not really a big deal. They want them to prove he bought beer/liquor. We know that already. Just another way of showing voluntary intoxication, which we don't deny. I like it when they put on a bunch of evidence irrelevant to the main issue. It makes them look like they're stretching to make the evidence fit the case, which they cannot do.
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Sep 30, 2011, at 3:10 PM, Haytham Faraj wrote: I do but it's federal. It's a motion for a protective order or motion to quash. It's permissible under RCM 905 or 906 I believe.
The reason is it would now be a search. They can't go searching records without a court order. A subpoena is improper. A subpoena does not trump the 4th Amendment.
Haytham Faraj Sent from my iPhone
Got a sample?
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Sep 30, 2011, at 12:28 PM, Haytham Faraj wrote: I've successfully slowed disclosure of subpoened records by filing a motion to quash and sending a copy to the counsel for the company that is target of the subpoena. Given that trial is a week away. Government won't be able to get those records before trial. The company won't release records until they have a court order which will not happen before trial. Haytham Faraj Sent from my iPhone Ranae, Please contact Mr. Hossman and find out what they asked him about and what he will say. We object to the judicial notice. OK with turning over long form report. Neal
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 Sep 30, 2011, at 12:17 PM, Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD wrote: I just spoke to Capt Kouba and here are a few updates: They are subpoenaing 1Lt Burke’s USAA financial records from the time period of the offense. They intend to use the records to show that he was voluntarily purchasing alcohol at the bar. They added a witness, Matt Hossman. He was at the bar and is actually in one of the photographs we have of our client at the bar. They believe he will testify to 1Lt Burke’s behavior while at the bar, that he was voluntarily consuming alcohol and also is the foundation for entering that photo. He wanted to know if we were going to object to the judge taking judicial notice of a Google map of the area where the criminal conduct allegedly occurred. If we do they’ll have one of the officers lay the foundation for it. Lastly, I’m going to send him the “long” report as part of our ongoing discovery now that we’ve provided notice of the special defense. /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
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