| Ranae, As you see, I've tasked Patrick with generating that justification info. Also, in the "From" line, "Faraj" has only one "r." Thanks for your attention to the deadlines. 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 16, 2011, at 1:31 PM, Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD wrote: Neal, Do you have inputs for requesting production of the two non-local character witnesses? Do we intend to call both on the merits? It will be a memo to trial counsel in accordance with the requirements of R.C.M 703(c)(2)(B). If sentencing witness only, then also have to give reason why the witnesses personal appearance is necessary under RCM 1001(e) standards. The highlighted section in the attached memo is essentially what we need to replace and provide for our two witnesses. I would like to get this to trial counsel today in conjunction with the witness list. /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: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD Sent: Friday, September 16, 2011 12:38 PM To: 'Puckett Neal' Subject: RE: Witness notice Neal: Yes The rule is: (E) WITNESS LISTS. Counsel for both sides will file a list containing each anticipated witness' full name, unit/duty station (as applicable), address and telephone number not later than five days after receipt of discovery or the date specified in the military judge's Scheduling Order, whichever is earlier. Counsel will amend and update their lists as appropriate with the Court (with a copy to opposing counsel and the court reporter). A request to travel a witness includes more information, such as what you identified before. But that is a separate request that we provide to the government. Of these witnesses, it looks like we will only have to request two of them be traveled (i.e. produced) as the others are all local. The only witness I did not put on the list is the one currently deployed. They are not going to travel back a potential character witness from a deployed environment, so a character letter or affidavit is probably the way to go with that one. But if it's somebody you really want the members to hear from, then I can put him on the list and we request he testify via Video Teleconferencing. /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: Friday, September 16, 2011 12:16 PM To: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD Cc: Faraj Haytham Subject: Re: Witness notice Is this the standard format? Looks good. No need to provide a summary of expected testimony to establish relevance and necessity? Without that, Marine CAs routinely deny production of the witnesses causing us to have to bring a motion to compel production. N 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 Sep 16, 2011, at 12:01 PM, Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD wrote: Neal, I'm awaiting additional contact information from 1Lt Burke, but here is our notice thus far. /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 <Def Witness List 1 - Burke.docx> <Request to travel witnesses - Burke.docx> |