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RE: US v. Saleh, Gov't Witness List and 40 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Sir,
Roger, the misconduct occurred in August 2010.
The government is offering both instances of uncharged misconduct as
proof of the accused's motive.
At trial the government will introduce evidence that the accused raped
Ms. Chaji at knife-point after he unsuccessfully propositioned her. His
reason for propositioning her was to get back at his own wife, whom he
believed was cheating on him. The government believes that the accused
was obsessively jealous over his wife, and the physical altercation is
one piece of proof for this.
This altercation also resulted in the chain of command issuing the
accused a no contact order which the accused has been charged with
violating. Evidence of the altercation between the accused and his wife
is necessary to prove the lawfulness of the no contact order.
The unauthorized use of Ms. Chaji's car is also evidence of the
accused's obsessive jealousy over what he believed was his wife's
affair. Prior to taking Ms. Chaji's car, he told Ms. Chaji he saw his
wife leaving with another man. The fact that he took his neighbor's car
to tail his wife is evidence of his obsession. According to the
government's evidence, the accused raped Ms. Chaji not long after taking
her car. The accused's anger over his marital problems continued to
build until it boiled over, and was directed at Ms. Chaji as a stand-in
for other women in the accused's life, resulting in her rape.
Thank you,
v/r,
CPT Russell Wardlow
Chief, Military Justice Division
Office of the Staff Judge Advocate, Bldg 230
National Training Center & Fort Irwin
Fort Irwin, CA 92310
Office: 760-380-5754/3276
Cell: 909-921-2900
Fax: 760-380-3481
-----Original Message-----
From: Pohl, James L COL MIL USA
Sent: Tuesday, August 02, 2011 6:21 AM
To: Wright, Matthew E CPT MIL US USA FORSCOM; Douglas, Laquisha S CPT
MIL USA FORSCOM; 'haytham@puckettfaraj.com'; Hale, Deborah B CIV USA
IMCOM
Cc: Wardlow, Russell D CPT MIL US USA FORSCOM
Subject: RE: US v. Saleh, Gov't Witness List and 40 (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
*NOTICE: Message body content downgraded from previous markings
UNCLASSIFIED//FOUO by james.pohl
CPT Wright
On your 404b notice, I assume you meant 2010. True? What is the
specific 404b purpose for which you plan to offer the evidence?
COL Pohl
-----Original Message-----
From: Wright, Matthew E CPT MIL US USA FORSCOM
Sent: Friday, July 29, 2011 5:56 PM
To: Douglas, Laquisha S CPT MIL USA FORSCOM; 'haytham@puckettfaraj.com';
Hale, Deborah B CIV USA IMCOM
Cc: Wardlow, Russell D CPT MIL US USA FORSCOM; Pohl, James L COL MIL USA
Subject: US v. Saleh, Gov't Witness List and 404(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO
Ms. Hale & CPT Douglas,
The government's witness list and notice under MRE 404(b) are attached.
A separate email containing notice w/ enclosures under MRE 902(11) will
follow.
Respectfully,
Matt Wright
CPT, JA
Trial Counsel
NTC & Ft. Irwin, CA
Classification: UNCLASSIFIED
Caveats: FOUO
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE