Maj Redman, I do not currently have any appointments on 29 Sep 11 that would conflict with this Article 32 Investigation, but I cannot be certain any of our witnesses will be available. I will have to check and get back to you. Also, to be clear, the Government's position is that defense had more than enough time when the first IO was appointed in mid-July and the first Article 32 was scheduled for 5 Aug 11. In spite of that, the Government did not object to the first continuance request that was submitted on 27 July 11 requesting to continue the Article 32 until 6 Sept 11, which ultimately resulted in the investigation being scheduled on 8 Sep 11 due to the long holiday weekend. Now, we are proposing to re-re-schedule the Article 32 on 29 Sep 11. These unplanned delays are not in the interest of the due administration of justice. I will check witness availability and let you know. V/R, Maj Smith -----Original Message----- From: Redman Maj Hugh J Sent: Thursday, September 01, 2011 11:43 To: 'Haytham Faraj' Cc: Smith Maj Keith D; Marshall Maj Meridith L Subject: RE: Eickenhorst 32 Thanks Mr. Faraj: ALCON: What is your availability for the 29th of September, Mr. Faraj' proposed continuance date? Major Redman -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, September 01, 2011 11:40 To: Redman Maj Hugh J Cc: Smith Maj Keith D; Marshall Maj Meridith L Subject: Re: Eickenhorst 32 I can confirm that I will be taking depositions. My co-counsel is working the exact time. I cannot say how long each will take. Haytham Faraj Sent from my iPhone On Sep 1, 2011, at 11:31 AM, "Redman Maj Hugh J" <hugh.redman@usmc.mil> wrote: > Thank you for confirming your representation, Mr. Faraj. > > Regarding your schedule next week, I understand that you have a number of civil depositions that have been rescheduled a number of times, but could you confirm for the record that you have a deposition officially scheduled on 8 September, the time, and the expected length of the deposition? > > Thanks, > > Major Redman > > -----Original Message----- > From: Haytham Faraj [mailto:haytham@puckettfaraj.com] > Sent: Thursday, September 01, 2011 11:18 > To: Redman Maj Hugh J > Cc: Smith Maj Keith D; Marshall Maj Meridith L > Subject: Re: Eickenhorst 32 > > I am representing Maj Eickenhurst. He and I will meet today to discuss options. As you know I am unavailable next week. > > Vr, > > Haytham Faraj > Sent from my iPhone > > On Sep 1, 2011, at 11:08 AM, "Redman Maj Hugh J" <hugh.redman@usmc.mil> wrote: > >> Roger Major Smith. >> >> Mr. Faraj: >> >> It appears that SSgt Wilson will be available telephonically on 8 August. Are you still representing him for Article 32 purposes? >> >> Major Redman >> >> >> >> -----Original Message----- >> From: Smith Maj Keith D >> Sent: Wednesday, August 31, 2011 17:47 >> To: Redman Maj Hugh J >> Cc: Marshall Maj Meridith L; 'Haytham Faraj' >> Subject: RE: Eickenhorst 32 >> >> Major Redman, we already confirmed with him that he will be available to testify telephonically on 8 Sep 11. >> >> V/R, >> >> Keith D. Smith, Major, USMC >> Military Justice Officer, MCAS Miramar >> DSN: 312-267-6859 >> Commercial: 858-577-6859 >> Email: keith.d.smith1@usmc.mil >> >> Email Work Product / Attorney-Client Privilege Notice: >> >> NOTICE: ATTORNEY-CLIENT PRIVILEGE or WORK PRODUCT PRIVILEGE may apply to this email, including any attached files. Any review, use, distribution or disclosure by others is prohibited. The contents of this message may be exempt from disclosure under the FOIA. If you are not the addressee indicated in this message (or authorized to receive information for the recipient), please contact the sender by reply e-mail and delete all copies of this message (including any attachments). >> >> >> >> >> -----Original Message----- >> From: Redman Maj Hugh J >> Sent: Wednesday, August 31, 2011 17:44 >> To: Smith Maj Keith D >> Cc: Marshall Maj Meridith L; 'Haytham Faraj' >> Subject: Eickenhorst 32 >> >> Major Smith; >> >> Although I have determined SSgt Wilson to be unavailable to appear personally, please have someone contact him in Florida and see if he is willing to testify telephonically. >> >> Major Redman >> >> Major Hugh Redman, USMC >> SJA, MCAS Yuma >> 928-269-3484 (DSN 269) >> hugh.redman@usmc.mil >> >> >>
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