Stop wasting your time on plea negotiations. Lets just go spank them.
Haytham FarajSent from my iPhoneHaytham:I met with both Capt Hoover and 1stLt McGuire. So far, they're saying that Col Jackson "wants this to go the course" and whatever the outcome is, then "justice is served". They are saying they'll have to 'sell' him on a deal and the way to do that is with a proffer regarding GySgt Kelton as to the following:- That SSgt Lopez witnessed GySgt Kelton 1) use profanity at or in the presence of OCANDs, 2) took a picture with her cell phone (or saw the picture on GySgt Kelton's phone after), 3) tell the OCANDs not to report the two of them, 4) throw OCAND weapon(s) to the ground, and that 5) GySgt Kelton admitted to SSgt Lopez the facts around the "foot locker drill".I think she can talk to points 1, 2, and 5 only. But, if she is willing to or not is another story. TCs say that without the terms regarding GySgt Kelton in the deal, then there is no deal.In terms of pleas: they want Guilty for Charge I, specs 1-7 and 9. I was able to argue on some of the others to get them to back off on them. But, in meeting with her, SSgt Lopez only wanted to plead to 2 (maybe going to 3 or 4) because she feels very strongly that what she did is not "wrongful" per the language in the specs due to the command endorsing the actions. I tried to convey to the TCs that she just wants to get her side of the story out and he can find her guilty at NJP even if she pleads not guilty to a lot of them. No luck.After meeting with them, I pretty much feel like these terms are a non-starters. SSgt Lopez will not be willing to plead to all of those. I might be able to convince her IF it weren't for the GySgt Kelton terms. (We could probably get TCs to back off on one or two.) But, the GySgt Kelton terms are probably deal-breakers for our client. She wants to have nothing to do with "assisting" Col Jackson with anything.I can convey this to her in the morning, but I wanted you to get a chance to review it all first. I think she feels like she's the victim of circumstance here and this "deal" doesn't go anywhere towards helping her in that.Side note: I learned that Training Command is paying for these two trials because OCS requested their financial help. That's surely why the SJA from TCOM is weighing in on a deal.I'll send you a separate e-mail shortly regarding witnesses so you can file our witness list tomorrow.S/f,Bret
On Thu, Jul 28, 2011 at 4:12 PM, Haytham Faraj <haytham@puckettfaraj.com> wrote:
I got the same feeling speaking to her.
You may want to explain to Mcguire that she doesn’t need to write up a deal with a requirement to testify because they can order her to testify anyway. She’s not going to fabricate anything to take down Kelton and neither is she going to lie about Kelton. If Mcguire is resistant, then don’t waste your time. I’ll make sure they lose both this and Kelton’s court-martial. I have an interview with Kelton scheduled for Tuesday. I will let you know the details if you’re interested in attending.
From: Bret White [mailto:usmc.esq@gmail.com]
Sent: Thursday, July 28, 2011 3:59 PM
To: haytham@puckettfaraj.com
Subject: SSgt Lopez Update
Haytham,
I laid it all out there for her and she's still got some thinking to do. She will have a hard time on a personal level pleading guilty at NJP to more than a couple of specs (Charge I, 1 & 3). Her big hang up is that these things are still going on at OCS and individuals are getting NPLOCs or Pg 11 entries and nothing more. She doesn't have any faith that Col Jackson will do her any favors at the NJP or afterwards and she's basically thinking that she has a better shot with a jury than with him.
I'm going to talk to Capt Hoover and 1stLt McGuire this evening about potential terms and whether or not they have actually talked to him about acceptable terms. ...I just got off the phone with 1stLt McGuire who had returned my call and we discussed this a little, but she's saying that she knows what the TCOM SJA wants and what Col Jackson wants and that's testimony against GySgt Kelton: they want a proffer in advance so they know what they're getting out of this deal. But, from talking to SSgt Lopez earlier, I know she really doesn't want to help them unless she's ordered to do so. This could be another sticking point, then.
My feeling is that we need to know from SSgt Lopez tomorrow if she wants to proceed or sign a deal. I did not push her one way or the other, either. But, I made it clear the different choices and the possibilities and potential consequences to each choice. Right now, even though she's admittedly scared, she's thinking she'll go forward to the court-martial.
I plan to talk to her in the morning and let her know (after telling you first) what the prosecutors say at our meeting.
I'll have a list to you by COB or early in the morning regarding witnesses. I told 1stLt McGuire to give us until tomorrow to file the remaining Pg 56 matters and that, unless some new issues come up, we don't need the 39a on Monday.
I'll be heading over to the office around 1730 to meet with them.
S/f,
Bret