I spoke with Maj McConnell last night. SJA is recommending referring charges in this case. He is meeting with CG (LtGen Mills) Thursday. The reason for referral is that we still do not know what Mr Owen is going to testify to. He has refused to talk to me. I can't get immunity and depose him until referral. This hole in the evidence is too big to ignore for the SJA/CG. Mr Owen doesn't want to talk because he thinks he is going to get Rowe in trouble. What he does not realize is that Rowe is still on the tracks to a sexual assault trial because he isn't willing to talk. IF he decided to talk to me sooner, rather than later, it might help keep this case where it belongs. All parties are still in agreement that NJP/RILT is the best COA for this case--provided that Mr Owen will talk to me. If you have any powers of persuasion to convince Mr Owen to talk to me, I would greatly appreciate it. Again, he doesn't want to get Rowe in trouble, but Owen's testimony/interview will likely effectively remove the sexual assault charges. Mr Owen has not told his wife, therefore all I have is a work number for him. He only talks to NCIS during working hours to avoid his wife finding out. Jeremy Owens at his work number (812) 663-2270 "0" for operator to patch you through to him. Maybe a phone call from Rowe's defense attorney would be enough to persuade Owen to talk to me. Thanks for your help. Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, July 26, 2011 5:48 To: Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: RE: ROWE Good morning Chris, Please call me when you have a few minutes to discuss Rowe. I am available at 760-521-7934 -----Original Message----- From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] Sent: Monday, July 25, 2011 9:38 AM To: Haytham Faraj Cc: Mcconnell Major Matthew N Subject: RE: ROWE I am about to send a shell 34 advice ltr to the MCCDC SJA. They are going to put this in front of the CG early this week. All indications are that they are going to refer, but I think we can sway the thought process with NJP deal and RILT. Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Friday, July 22, 2011 12:52 To: Hoover Capt Christopher M Cc: Mcconnell Major Matthew N Subject: Re: ROWE We're not saying no. I'm in a location where conversation by phone is exceedingly expensive. I'll be back on Monday. Can it wait till then? Haytham Faraj Sent from my iPad On Jul 22, 2011, at 12:26 PM, "Hoover Capt Christopher M" <christopher.hoover@usmc.mil> wrote: > Think of it this way, give the CG a reason to accept the alternative dispo at this point. Give us a NJP deal with pleas to certain charges, so that we can roll it all up together. CG would be more inclined to accept it at this juncture, instead of after referral to GCM. Your call. > > Captain Christopher M. Hoover, USMC > Military Justice Officer MCB Quantico > Work: (703) 784-0037 > Cell: (603) 809-5781 > > > -----Original Message----- > From: Haytham Faraj [mailto:haytham@puckettfaraj.com] > Sent: Friday, July 22, 2011 12:23 > To: Hoover Capt Christopher M > Subject: Re: ROWE > > I'm overseas. I'll be back Monday. > > Haytham Faraj > Sent from my iPad > > On Jul 21, 2011, at 6:45 AM, "Hoover Capt Christopher M" <christopher.hoover@usmc.mil> wrote: > >> This is about to go up the general for signature. Give me a NJP deal along with a RILT. Timing is about to get away from us, and the CG will be less inclined to deal with this administratively. >> >> Captain Christopher M. Hoover, USMC >> Military Justice Officer MCB Quantico >> Work: (703) 784-0037 >> Cell: (603) 809-5781 >> >> >> -----Original Message----- >> From: Haytham [mailto:haytham@puckettfaraj.com] >> Sent: Tuesday, July 05, 2011 11:20 >> To: Hoover Capt Christopher M >> Cc: Mcconnell Major Matthew N >> Subject: Re: ROWE >> >> I can recommend an NJP. I cannot advise a BOI waiver. What I can support is a request for a resignation. If that is something you can get behind, I'll discuss it with Capt Rowe. I'm happy to recommend that this case go away. But I will not recommend that my client bear a greater burden than he is responsible for. >> >> Vr, >> >> Haytham Faraj >> Sent from my iPhone >> >> On Jul 5, 2011, at 10:42 AM, "Hoover Capt Christopher M" <christopher.hoover@usmc.mil> wrote: >> >>> If you gave me a NJP with a BOI waiver, I would support it with the command, pleading only to 133. I am working on a TC memo and I think the timing of a PTA along with the Art 32 report and memo could work with the CA in the case. >>> >>> Captain Christopher M. Hoover, USMC >>> Military Justice Officer MCB Quantico >>> Work: (703) 784-0037 >>> Cell: (603) 809-5781 >>> >>> >>> -----Original Message----- >>> From: Rob Bracknell [mailto:rob.bracknell@gmail.com] >>> Sent: Wednesday, June 29, 2011 22:50 >>> To: Hoover Capt Christopher M; haytham@puckettfaraj.com; McConnell Sgt Matthew C >>> Cc: Bracknell LtCol Robert G >>> Subject: Draft Report -- final to be delivered tomorrow >>> >>> This will help both sides get a jump start tomorrow on resolving this case. >>> >>> Summary of my rec: this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony. Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes. Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM. >>> >>> You can reach me after tomorrow at my gmail address or my usmc.mil address. I will join at New River Friday morning. >>> >>> s/f, >>> rgb >>> >>> >>> >>> -- >>> >>> Butch Bracknell >>> Lieutenant Colonel, US Marine Corps >>> CMC Fellow, The Atlantic Council >>> rbracknell@acus.org >>> 757-287-4704 >>>
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