If you gave me a NJP with a BOI waiver, I would support it with the command, pleading only to 133. I am working on a TC memo and I think the timing of a PTA along with the Art 32 report and memo could work with the CA in the case. Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Rob Bracknell [mailto:rob.bracknell@gmail.com] Sent: Wednesday, June 29, 2011 22:50 To: Hoover Capt Christopher M; haytham@puckettfaraj.com; McConnell Sgt Matthew C Cc: Bracknell LtCol Robert G Subject: Draft Report -- final to be delivered tomorrow This will help both sides get a jump start tomorrow on resolving this case. Summary of my rec: this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony. Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes. Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM. You can reach me after tomorrow at my gmail address or my usmc.mil address. I will join at New River Friday morning. s/f, rgb -- Butch Bracknell Lieutenant Colonel, US Marine Corps CMC Fellow, The Atlantic Council rbracknell@acus.org 757-287-4704
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