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ROWE



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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