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RE: R.C.M. 802 conference ICO U.S. v. Wuterich
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I was thinking the EXACT same thing when I read his "Any objection" email.
And, I am not sure why I was surprised by Gannon's response...
Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720 (desk line)
dsn 267-1720
858-997-8332 (government cell)
meridith.marshall@usmc.mil
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Friday, July 08, 2011 7:52 AM
To: Sullivan Dwight; Faraj Haytham; Babu Kaza; CODE Major NAMARA 45 Sripinyo Kirk; Marshall Maj Meridith L
Subject: Fwd: R.C.M. 802 conference ICO U.S. v. Wuterich
So to review the bidding: I asked for something that already exists and has been provided to NMCCA by the MJ, pursuant to their order. The MJ responds by, in essence, asking the government's permission ("any objection?"). Now comes the government and provisionally denies him permission. This from a MJ who has given the government everything they asked for, evidenced by cutting and pasting their positions into his rulings, to include repeating clearly erroneous rulings. I think we need to challenge the MJ for cause, as lacking impartiality. Someone tell me if I'm wrong to think we're in the Twilight Zone here.
Thoughts?
Neal
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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Begin forwarded message:
From: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil>
Date: July 8, 2011 10:41:45 AM EDT
To: "Jones LtCol David M" <david.m.jones5@usmc.mil>, "Puckett Neal" <neal@puckettfaraj.com>
Cc: "Sullivan LtCol Sean" <sean.sullivan@usmc.mil>, "Haytham Faraj" <haytham@puckettfaraj.com>, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil>
Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich
Sir,
Until I can speak with Code 46, we object. If I am correct, the CCA just denied a defense motion on this issue. The government respectfully requests the court's permission to consult with appellate government, and finalize our position after that consultation.
Very respectfully,
Maj Gannon
-----Original Message-----
From: Jones LtCol David M
Sent: Friday, July 08, 2011 0:13
To: Puckett Neal
Cc: Gannon Maj Nicholas L; Sullivan LtCol Sean; Haytham Faraj; Marshall Maj Meridith L
Subject: RE: R.C.M. 802 conference ICO U.S. v. Wuterich
Government,
Any objection?
R,
LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035