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

[Col Wes Moore <jwesmoore@gmail.com>]

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
> 
> 
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> 
> 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
> 
> 
>