Re: U.S. v. Burke; 706

On Jul 25, 2011, at 10:43 AM, Kouba, Dustin B Capt USAF ACC 7 BW/JA wrote:

Sir,

Are you available for the 802 this afternoon?

-Capt Kouba

-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Monday, July 25, 2011 9:21 AM
To: Kouba, Dustin B Capt USAF ACC 7 BW/JA
Cc: Faraj Haytham; Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC; Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC; Mann, Elizabeth A SrA USAF ACC 7 BW/JA; MattTalcott
Subject: Re: U.S. v. Burke; 706 - Update

Dustin,
Still trying to get a handle on that. It's not just the three of us, it's our experts, too. Plus, we may be calling one or two more depending on their final test results. I'll let you know when that's available.
V/r,

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
www.twitter.com/puckettfaraj

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 Jul 25, 2011, at 9:04 AM, Kouba, Dustin B Capt USAF ACC 7 BW/JA wrote:

Mr. Puckett, Mr. Haytham, and Capt Doser-Pascual,

I just spoke with Lt Col Dolan. We are wondering when your availability for trial would be should a delay be granted.

v/r,

Capt Kouba

-----Original Message-----
From: Col Wes Moore [mailto:jwesmoore@gmail.com]
Sent: Sunday, July 24, 2011 11:55 PM
To: Kouba, Dustin B Capt USAF ACC 7 BW/JA
Cc: Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC; Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC; Mann, Elizabeth A SrA USAF ACC 7 BW/JA; Puckett Neal; Faraj Haytham; MattTalcott; Harris, Ervin N Capt USAF ACC 7 BW/JA
Subject: Re: U.S. v. Burke; 706 - Update

Let's shoot for 1400 CST if that works for everyone. I'll be standing by.

R,

WM

On 7/22/2011 12:35 PM, Kouba, Dustin B Capt USAF ACC 7 BW/JA wrote:

Sir,

The best time for the government is Monday after 1330.

v/r,

Capt Kouba

-----Original Message-----

From: Col Wes Moore [mailto:jwesmoore@gmail.com]

Sent: Friday, July 22, 2011 9:50 AM

To: Kouba, Dustin B Capt USAF ACC 7 BW/JA

Cc: Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC; Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC; Mann, Elizabeth A SrA USAF ACC 7 BW/JA; Puckett Neal; Faraj Haytham; MattTalcott; Harris, Ervin N Capt USAF ACC 7 BW/JA

Subject: Re: U.S. v. Burke; 706 - Update

Parties,

Any time today or Monday will be fine. Just let me know what you work out. However, by my records, I don't have a delay request to rule on.

R,

WM

Sent from my iPad

On Jul 22, 2011, at 9:37 AM, "Kouba, Dustin B Capt USAF ACC 7 BW/JA"<Dustin.Kouba@dyess.af.mil> wrote:

Col Moore,

The government is currently coordinating with several experts and four witnesses that will require travel. We respectfully request an 802 hearing in order to get a ruling on Mr. Puckett's delay request. Is there a time that would be best for you either today or early next week?

v/r,

Dustin B. Kouba, Capt, USAF

Trial Counsel

7 Lancer Loop, Ste 223

Dyess AFB, TX 79607

DSN: 461-2035

Comm: 325-696-2035

-----Original Message-----

From: Puckett Neal [mailto:neal@puckettfaraj.com]

Sent: Tuesday, July 19, 2011 10:00 AM

To: Col Wes Moore

Cc: Kouba, Dustin B Capt USAF ACC 7 BW/JA; Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC; Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC; Mann, Elizabeth A SrA USAF ACC 7 BW/JA

Subject: Re: U.S. v. Burke; 706 - Update

Judge Moore,

Yes. The 3-member 706 board determined that 1stLt Burke was not mentally responsible at the time of the alleged offenses. We have recently submitted a request for appointment of COL David Benedek, an Army Forensic Psychiatrist, to assist the defense in determining whether to assert the issue of lack of mental responsibility. We are probably going to need a continuance in order for Dr. Benedek to conduct his own medical evaluation and prepare for trial. We were waiting until the CA acted on our request before determining how much additional time would be required for us to prepare. But both trial and defense counsel recently agreed on the phone that a continuance motion would be appropriate, as they, too, may wish to consult an expert in the area. In addition, it appears that our Forensic Toxicology expert has a scheduling issues, as well. In further addition, my law partner, Haytham Faraj, who recently submitted his notice of appearance, is scheduled for another trial during the same period we have docketed this case.

Once the government acts on our request, we will make an educated guess as to how much of a continuance may be required in this case. But a minimum reasonable delay would be approximately 30 days.

V/r,

Neal A. Puckett, Esq

LtCol, USMC (Ret)

Puckett& Faraj, PC

1800 Diagonal Rd, Suite 210

Alexandria, VA 22314

703.706.9566

www.puckettfaraj.com

www.twitter.com/puckettfaraj

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 Jul 19, 2011, at 10:50 AM, Col Wes Moore wrote:

Parties,

Have the 706 board results changed anything about either sides' plans or created any additional issues of which I should be aware?

R,

WM

--

J. WESLEY MOORE, Colonel, USAF

Military Judge

940-867-1406