| H, Here's my question re: Hohman to Dwight and his reply. 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. Begin forwarded message: From: "Sullivan, Dwight H CIV USAF AFLOA/JAJA" <Dwight.Sullivan@pentagon.af.mil> Date: July 5, 2011 11:07:37 AM EDT To: Puckett Neal <neal@puckettfaraj.com> Subject: RE: Vessel exception From a legal perspective, neither. From an atmospheric standpoint, it may make NMCCA a bit more predisposed to rule against us. But I don't think it will affect CAAF one way or the other. I should have mentioned on the phone that Col Redmon's testimony and Judge Jones' findings concerning it make it much less likely that we'll prevail at CAAF when we go back. I think before I said I thought we had about a 20 percent chance at CAAF. I'd now rate is at less than 10 percent in light of Col Redmon's testimony. In light of that, here's something I suggest for when the case goes back to Judge Jones. He keeps on saying that he'll grant you more time or other relief if necessary to compensate for the loss of Colby. When the case goes back, I highly recommend that you all ask for a continuance for one of the current members of the defense team to go to Haditha (you can always propose that it be Meredith to avoid any possibility of huge costs to the client) and ask for the U.S. government to make the trip happen. Jones probably would deny such a motion -- which will help set up the issue even better on direct appeal. If he were to grant it, that would probably harm the issue on appellate review, but would probably increase the chances that the case will never get to appellate review. :- ) Semper Fi, DHS Dwight H. Sullivan Senior Appellate Defense Counsel Air Force Appellate Defense Division (AFLOA/JAJA) 1500 West Perimeter Road, Suite 1100 Joint Base Andrews, MD 20762 240-612-4773 DSN: 612-4773 Fax: 240-612-5818 -----Original Message----- From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Tuesday, July 05, 2011 10:59 AM To: Sullivan, Dwight H CIV USAF AFLOA/JAJA Subject: Re: Vessel exception Thanks! Does Hohman help or hurt us? 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 |