| FYI. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 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. Begin forwarded message: From: Puckett Neal <neal@puckettfaraj.com> Date: July 19, 2011 11:00:15 AM EDT To: Col Wes Moore <jwesmoore@gmail.com> Cc: "Kouba, Dustin B Capt USAF ACC 7 BW/JA" <Dustin.Kouba@dyess.af.mil>, "Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC" <Ranae.Doser-Pascual@dyess.af.mil>, "Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC" <Julie.Metcalf@dyess.af.mil>, "Mann, Elizabeth A SrA USAF ACC 7 BW/JA" <Elizabeth.Mann@dyess.af.mil> 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 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 |