Haytham, 1stLt McGuire talked to me about this late last week. The government is making the following offer: - NJP where she pleads guilty consistent with her 410 proffer - No board waiver - proffer on GySgt Kelton (and I'm assuming cooperation in her trial) - proffer, if she knows anything, about SSgt Mercado's relationship with Cand. Wozniak and Partridge (I don't think she knows anything, though.) I can discuss this with our client on Tuesday before the 39a, if you like. Or we can call you on speaker together to discuss it. Let me know what you prefer. Regarding the motion, I'm open to your input. We have LtCol Hale as the MJ and, so far, he has seemed pretty government-friendly. If I recall, their response is simply that we haven't met the burden on showing that these witnesses are necessary. I think they have not moved at all on their responses in the bill of particulars or their original witness list, so it seems their motion response is disingenuous. I think it's likely that LtCol Hale will try to get the government to concede on those previous filings in order to get us to concede on our request in the motion. We can discuss if you get the chance. V/r, Bret A. White Captain, U.S. Marine Corps Defense Counsel Office of the Staff Judge Advocate Marine Corps Base 3250 Catlin Avenue Quantico, VA 22134 Main: 703.784.4615/4628 Direct: 703.784.0405 Fax: 703.784.0259 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, July 18, 2011 3:45 To: Mcguire 1stLt Maryann N Cc: White Capt Bret A Subject: Re: SSgt Lopez Lt Mcguire, I am outside the U.S. For the next 7 days. Can this wait or will it disrupt your ability to prep for trial? If you wish you can email me your recommendations which I will discuss with SSgt Lopez then call you to give you our decision. Haytham Faraj Sent from my iPad On Jul 14, 2011, at 11:20 AM, "Mcguire 1stLt Maryann N" <maryann.mcguire@usmc.mil> wrote: > Good Afternoon Sir, > > I hope you are enjoying your vacation. At you earliest convenience I would like to discuss a potential alternate disposition for the SSgt Lopez court-martial that may or may not be amenable to your client. If I am not in my office I can be reached on my cell phone at (914)419-7976. > > Very Respectfully, > > Maryann N. McGuire > First Lieutenant, U.S. Marine Corps > Trial Counsel > Office of the Staff Judge Advocate > Marine Corps Base, Quantico > 703-784-3675 > >
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