Thanks Major Smith: Pursuant to R.C.M. 405(g)(2)(A), I've determined that both SSgt Wilson and Sgt Rich are unavailable military witnesses. Please send me a copy of the charge sheet. Alcon: Time and date still set for 8 September 2011, 0800, JLC, Miramar. S/F, Major Redman -----Original Message----- From: Smith Maj Keith D Sent: Tuesday, August 30, 2011 14:14 To: Redman Maj Hugh J Cc: Marshall Maj Meridith L; 'Haytham Faraj'; Holmes Capt Annamarie B Subject: RE: Eickenhorst 32 Maj Redman, answers to your questions are as follows: 1) Sgt Rich graduates from the Sgt's Course on 12 Oct 11 at 1000. 2) SSgt Wilson's EAS is 31 Aug 11. He is currently located in Pensacola, FL. Additionally, the only two exhibits the government intends to admit are the statements of Sgt Rich and SSgt Wilson. The only two witnesses that the government intends to call are Capt Dimoh and Sgt Guerrero. These exhibits are part of the investigation that was previously provided to defense and defense has had opportunities to interview the witnesses. V/R, Maj Smith -----Original Message----- From: Redman Maj Hugh J Sent: Tuesday, August 30, 2011 8:35 To: Smith Maj Keith D; Holmes Capt Annamarie B Cc: Marshall Maj Meridith L; 'Haytham Faraj' Subject: RE: Eickenhorst 32 Alcon: I've seen two references by both sides to a SSgt Williams. After reviewing the investigation, I assume we're all referring to SSgt Wilson, who is on terminal leave in Florida? Would both sides be amenable to telephonic testimony by SSgt Wilson? Major Smith--What is SSgt Wilson's EAS, and his location within Florida? Also, when does Sgt Rich graduate from Corporal's course? Mr. Faraj, I understand you are requesting a 30-day continuance, but I really need more specifics as to the reason for the continuance, such as the nature of conflicting cases and their inclusive dates, or whether the basis is prep time, or a combination of the two. Thanks in advance for any additional info you can provide me. S/F, Major Redman -----Original Message----- From: Redman Maj Hugh J Sent: Monday, August 29, 2011 15:25 To: 'Haytham Faraj' Cc: Marshall Maj Meridith L; Smith Maj Keith D Subject: RE: Eickenhorst 32 Mr. Faraj: I understand that 8 September does not work for you. Can you give me a better idea of the nature of your conflict for 30 days? In other words, is this due to specific litigation already scheduled or in progress over the next four weeks? If so, are you available weekends during that time? Thanks, Major Redman -----Original Message----- From: Smith Maj Keith D Sent: Monday, August 29, 2011 12:48 To: Redman Maj Hugh J Cc: Marshall Maj Meridith L; Pere GySgt Christopher B; 'Haytham Faraj'; Holmes Capt Annamarie B Subject: RE: Eickenhorst 32 Maj Redman, the Government objects to any further continuances or delays in this case. This Article 32 Investigation was originally scheduled for 5 Aug 11, but was continued at the request of defense to allow Maj Eickenhorst time to contract and consult with Mr. Faraj (see attachment). The implication was that defense requested the time necessary for the scheduling of this Investigation. Further, It is the government's position that, in the in interest of justice, the aggrieved parties (i.e., the command and the victim) need to move forward with the prosecution of this case sooner rather than later. 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: Monday, August 29, 2011 12:27 To: 'Haytham Faraj'; Smith Maj Keith D Cc: Marshall Maj Meridith L; Pere GySgt Christopher B Subject: RE: Eickenhorst 32 Alcon: Let's tackle the availability issue first. What is the Government's position as to a continuance to 29 September? S/F, Major Redman -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, August 29, 2011 12:20 To: Smith Maj Keith D Cc: Redman Maj Hugh J; Marshall Maj Meridith L; Pere GySgt Christopher B Subject: Re: Eickenhorst 32 Maj Redman, I apologize my tardiness in responding. September 8 is untenable for me. My first availability is Sep 29. I request that the Article 32 be rescheduled to that date. I object to the failure to produce military witnesses. SSgt Williams, as I understand, is the main complainant. It's unacceptable that he is not produced. The fact that he is on terminal leave is of no relevance. He can be ordered to return and testify. Terminal leave is still leave. Vr, Haytham Faraj Sent from my iPhone On Aug 29, 2011, at 9:01 AM, "Smith Maj Keith D" <keith.d.smith1@usmc.mil> wrote: > Maj Redman, the government will be requesting that Sgt Rich (attending Sgt's Course at Twenty-Nine Palms) and SSgt Williams (on terminal leave in Florida) be found to be "not reasonably available" and their sworn CID statements be admitted at the Article 32 in their stead. This means that the only two witnesses that the government intends to call are Capt Dimoh and Sgt Guerrerro. > > Absent any objections by defense, my Military Justice Chief is sending the entire investigation to you simply to create context for the other statements/testimony. We understand that you will only consider those items that are submitted at the actual Article 32 Investigation when you make your recommendation to the Convening Authority. > > Also, no objections to proceeding with the Article 32 on the below mentioned date and time. > > 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: Monday, August 29, 2011 8:40 > To: Marshall Maj Meridith L; Smith Maj Keith D > Cc: 'haytham@puckettfaraj.com' > Subject: RE: Eickenhorst 32 > > ALCON: > > Let's proceed with the Article 32 on 8 September, at 0800 at the JLC, Miramar. Please let me know if either side has any additional witnesses they wish to call, in addition to the Government's listed below in the email chain. I have been delegated the authority to issue continuances, so please let me know if 8 September is an issue. > > Thanks, > > Major Redman > > -----Original Message----- > From: Marshall Maj Meridith L > Sent: Friday, August 26, 2011 11:38 > To: Redman Maj Hugh J; Smith Maj Keith D > Cc: haytham@puckettfaraj.com > Subject: RE: Eickenhorst 32 > > Maj Redman, > > Maj Eickenhorst has retained Mr. Haytham Faraj, cc'd above. > > I have not gotten a date of his availability yet as he has been in court. I did alert the government to this already. > > R/ > > Major Meridith L. Marshall > Senior Defense Counsel > MCAS, Miramar > 858-577-1720 (desk line) > dsn 267-1720 > 858-997-8332 (government cell) > meridith.marshall@usmc.mil > > > -----Original Message----- > From: Redman Maj Hugh J > Sent: Friday, August 26, 2011 11:27 AM > To: Marshall Maj Meridith L; Smith Maj Keith D > Subject: Eickenhorst 32 > > Major Smith/Major Marshall: > > Just confirming 8 September for the 32 date. Does 0800 work for you both? Also, I'd like to get a copy of the investigation IOT determine which witnesses I may want to have there that aren't on either of your lists. So far (from Gunny Pere's attached email) from the Government I have: > > Capt Patrick Dimoh > SSgt Christopher Wilson > Sgt Manual Guerrero > Sgt Jacob Rich > > Let me know if either of you foresee any availability issues or other concerns you'd like to address prior to the hearing. > > > Thanks, > > Major Redman > > Major Hugh Redman, USMC > SJA, MCAS Yuma > 928-269-3484 (DSN 269) > hugh.redman@usmc.mil > > >
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