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Re: FOUO - U.S. v. Burke - Short Report - FOUO



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, 

I stopped by medical to pick up the full report and when I opened up the envelope it is the same short report that was provided to the government.  I've left a message for Capt Gorham to contact me, but you may need to contact Maj Campbell to determine the status of the full report.

/r


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.


-----Original Message-----
From: Kouba, Dustin B Capt USAF ACC 7 BW/JA 
Sent: Wednesday, July 06, 2011 10:08 AM
To: 'neal@puckettfaraj.com'; Doser-Pascual, Ranae L Capt USAF AFLOA AFLOA/ADC; Moore, Wes Col USAF AETC AF/JAT-C
Cc: Mann, Elizabeth A SrA USAF ACC 7 BW/JA; Cazares, Christopher D Capt MIL USAF AFLOA/JAJG; Metcalf, Julie A TSgt USAF AFLOA AFLOA/ADC; Harris, Ervin N Capt USAF ACC 7 BW/JA
Subject: FOUO - U.S. v. Burke - Short Report - FOUO

Col Moore, Mr. Puckett and Capt Doser-Pascual,



Per R.C.M 706(c)(3)(A), I have attached the short report of the inquiry into the metal capacity/responsibility of the accused.  



I was notified yesterday that both the short report and the full report were ready for pickup at the 7 MDG.  I notified Capt D-P shortly thereafter that the full report was available for the Defense at the 7 MDG Mental Health Office.  If you have any questions or concerns, please contact me at your convenience. 



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



CONFIDENTIALITY NOTICE: This electronic transmission contains confidential information intended only for the person(s) named in the distribution above.  It may contain attorney work-product or information protected under the attorney-client privilege, both of which are protected from disclosure under the Freedom of Information Act, 5 U.S.C. § 552.  Confidential information is also protected by the Privacy Act, 5 U.S.C. § 552a, or other applicable laws.  Do not release outside of DoD channels without prior authorization from the sender.  If you receive this transmission in error, please notify the sender and delete copies of this message.