Ranae and Haytham, I'm liking the idea of a full-on lack of mental responsibility (temporary insanity) defense. Of course that renders moot the search for a good report from an audio technology expert. The professionally fun part is that in this case with THREE government shrinks saying it's so, it's practically a guaranteed win. We can ignore ALL of the evidence we fought at the 32. It no longer matters whether Wendy No Moccasin has a motive to fabricate. The jury will love our guy's record. They'll all understand the forensic toxicology piece of the confluence of Dexedrine/sleep deprivation/alcohol. We still do a good military character piece and simply convince them that a) The Capt was in charge of the mission that night, not our guy and b) our guy wan't in a position to make course corrections as he was liquored by the Capt until he, quite literally, lost his mind. That gets around the "voluntary intoxication" prosecution theory of guilt. Logic chain: No USAFA grad and bomber pilot in his right mind would do anything so bizarre. Our USAFA grad and bomber pilot wasn't in his right mind. Therefore, he's not guilty. The REALLY professionally fun part is that NO ONE wins these cases; but we will! Over? It's not over? Was it over when the Germans bombed Pearl Harbor? It's not over till WE say it's over!!!! Who's with me?! N 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 6, 2011, at 2:11 PM, Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC wrote: Sadly, it was wholly expected on my part. But, yes, you think they would have read the judge’s order… RANAE L. DOSER-PASCUAL, Capt, USAF Area Defense Counsel Dyess AFB, TX (325) 696-4233 (DSN 461) CONFIDENTIALITY NOTICE. This electronic transmission may contain attorney work-product or information protected under the attorney-client privilege, or other such information exempt from disclosure under applicable laws,including, but not limited to, the FOIA, Privacy Act, 5 USC 552, or Military Rules of Evidence. Any use, distribution, copying or other disclosure by any other person is strictly prohibited. If you have received this transmission in error, please notify the sender at the number or e-mail address above. Do not release outside of DoD channels without prior authorization from the sender. This e-mail may contain FOR OFFICIAL USE ONLY (FOUO) information which must be protected under the Privacy Act and AFI 33-332. From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Wednesday, July 06, 2011 1:05 PM To: Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC Cc: Faraj Haytham Subject: Re: FOUO - U.S. v. Burke - Short Report - FOUO Wow. How screwed up is that? 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 6, 2011, at 2:01 PM, Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC wrote: Capt Kouba, |