| Your Honor, The court hasn't heard back from the defense because y'all were chatting way past my bedtime last night. Old people go to bed early. I can tell you that my Oct calendar is full, including two contested members trials. One is an Air Force officer GCM beginning 11 Oct and set for 4 days. That case has already been continued through the Air Force central docketing system. The Air Force will not continue that case again. Mr. Faraj and I are both involved. The other GCM was set by your boss at Quantico for 17-20 Oct, wedging it into an apparently very busy East Coast Navy/Marine Corps docket. I am set to teach 2 hours during an all-day CLE by the National Business Institute in Norfolk, VA on 31 Oct. The flyers are already out with my name and bio in them. I cannot fail to fulfill this formal, written, contractual obligation. Yes, I signed a contract. My November and December calendars are clear. Though we'd request a full week for on-the-ground in CA final prep time before beginning the trial. I will fill in the calendar with Mr. Faraj's commitments and be ready to discuss scheduling for both of us this evening at 2000. V/r, 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 Aug 26, 2011, at 7:01 AM, Haytham Faraj wrote: Your honor, I am not available at 2000. I will be available tomorrow but I'll be on the west coast. I am not sure of Mr Puckett's availability. Haytham Faraj Sent from my iPhone On Aug 26, 2011, at 1:01 AM, "Jones LtCol David M" <david.m.jones5@usmc.mil> wrote: Counsel, I haven't heard anything back from the defense, so I have no idea where you are physically located at. However, I am ordering an 802 conference for 0800 Saturday, 27 August, Okinawa time. Since I am 15 hours ahead of PST and 12 hours ahead of EST, this means the 802 conference would be at 1700 PST and 2000 EST, on Friday, 26 August. If the defense cannot make this time, I need to know immediately and we will postpone the 802 conference exactly 24 hours later. I assume that our conference line number is 760-725-8101, as it has been in the past. Major Gannon, please confirm this. Please have your calendars ready. I am looking at the month of October and will work with all other Court Jurisdictions to assist in clearing your schedules. As the Appellate Court stated, "Put simply, it is time to place this matter before a trial court for a verdict." R, LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Friday, August 26, 2011 12:03 To: Jones LtCol David M Cc: 'neal@puckettfaraj.com'; 'haytham@puckettfaraj.com'; Marshall Maj Meridith L; Sullivan LtCol Sean Subject: Re: Wuterich Opinion Released Your Honor, The government requests that the Court order an 802 as soon as possible even as soon as tomorrow west coast time. Given the defense team's unwillingness to talk dates during the CCA stay, coupled with the governments desire to bring this case to trial, I respectfully request that the Court intervene, and take charge of the scheduling of this case. The TC are available anytime for a scheduling conference. Very respectfully, Maj Gannon ----- Original Message ----- From: Jones LtCol David M To: Gannon Maj Nicholas L Cc: 'neal@puckettfaraj.com' <neal@puckettfaraj.com>; 'haytham@puckettfaraj.com' <haytham@puckettfaraj.com>; Marshall Maj Meridith L; Sullivan LtCol Sean Sent: Thu Aug 25 19:43:04 2011 Subject: RE: Wuterich Opinion Released Excuse me. I can also call in tomorrow morning, Saturday my time, which would be Friday evening your time. Just let me know, I'm quite flexible. LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Friday, August 26, 2011 11:08 To: Jones LtCol David M Cc: 'neal@puckettfaraj.com'; 'haytham@puckettfaraj.com'; Marshall Maj Meridith L; Sullivan LtCol Sean Subject: Re: Wuterich Opinion Released Your Honor, The government requests that the Court order an RCM 802 conference as soon as possible. The TC are available anytime. Very respectfully, Maj Gannon ----- Original Message ----- From: Jones LtCol David M To: Gannon Maj Nicholas L Cc: Neal Puckett <neal@puckettfaraj.com>; Haytham Faraj <haytham@puckettfaraj.com>; Marshall Maj Meridith L; Sullivan LtCol Sean Sent: Thu Aug 25 18:53:40 2011 Subject: RE: Wuterich Opinion Released Counsel, Major Gannon, thank you. With the stay lifted, I am looking to set a trial schedule with all parties as soon as possible. As everyone is aware, we need to block out one month's time very soon as there are so many different schedules we are trying to coordinate. Is this something you can do on your own or do you need my intervention via an 802? R, LtCol David M. Jones Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Friday, August 26, 2011 3:09 To: Jones LtCol David M Cc: Neal Puckett; Haytham Faraj; Marshall Maj Meridith L Subject: Wuterich Opinion Released Your Honor, The Wuterich Opinion has been issued by the CCA. I have attached a copy Sir. Very respectfully, Maj Gannon |