Sir, no worries, my RDC doesn't want to lose me for 3 weeks anyway, apparently. How's your caseload doing? We have a Master Sergeant 120 coming down the pipe out here where the client is considering civilian counsel. -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Friday, July 01, 2011 14:29 To: Baehr Capt James S Subject: Re: Setbacks and Possibility Jim, Unfortunately all spaces are filled for both July and September classes. There's also a substantial waiting list. There's a more immediate problem however. TLC is not accepting military attorneys to the college. The concern is that military lawyers take what they learn and turn around and get assigned as prosecutors. They make an exception when a DC knows he or she is getting out and commits to doing criminal defense or plaintiff's work after getting out. If you fit in that category, let me know and I'll see what we can do. Haytham Faraj Sent from my iPhone On Jul 1, 2011, at 3:23 PM, "Baehr Capt James S" <james.baehr@usmc.mil> wrote: > Sir, > > I hope you're doing well and getting ready for a wonderful Fourth. > > I'm writing because I've had a slight setback and also a crazy idea. > > I was slated to attend the Western Trial Advocacy Institute course in Wyoming for a little while now. Unfortunately, the course cancelled this year. This is the second time I've had these courses drop through at the last minute. > > I was thinking about the Trial Lawyer's College in Wyoming, and as it turns out, the initial dates overlap (July 8-15), and the next two weeks I have no court scheduled because I'm on the range. Thus, I have a startling and unprecedented amount of potential free time. While the Trial Lawyer's College is much more expensive, I would be happy to pay the overage in order to attend a course that looks incredible and could dramatically improve my practice for the rest of my life. > > I am thinking of asking the LSSS to let me do the Trial Lawyer's College instead, and have the initial support of my SDC, Maj Sameit, in that endeavor if it's possible to get a spot, though there will surely be other hoops. -- Update -- after I'd drafted this email and was about to hit send the RDC came in and said I probably couldn't take the time so this all may be moot -- > > However, the deadline for the Trial Lawyer's College application is well passed. Nonetheless, I have filled out an application and am ready to send it in. Even if it's a minimal chance, there's always the possibility that someone dropped out at the last minute. Chances go up when you submit an application, my mother always said. > > I know you teach at the college. I was wondering if you had any connections or contacts that you think I should call. > > I'm posting at the bottom my application statement for why I'd like to do the course. > > Semper Fidelis, > > Jim > > > Capt James S. Baehr, USMC > Defense Counsel > Legal Team Echo > (w): 760-725-4016 > (c): 404-375-1305 > > > I know I am applying very late for a course beginning very soon. I was slated to go to the Western Trial Advocacy Institute but just learned yesterday that it had been cancelled this year. I have attempted to attend two trial advocacy courses this year and both have been cancelled at the last moment. Nonetheless, I have significant cases upcoming that will require me to be operating on a higher level than ever before. If there is any availability to attend the course, any last minute cancellations or openings, I would be honored to be part of it and will make whatever sacrifices necessary to attend. > > Why do I want to attend? > > I want to be one of the great defense lawyers of my generation. I want to be that so that I can represent the Marines that I am assigned to represent to the best of my abilities. I have several very important cases upcoming, including a murder trial, and my abilities will directly affect whether another human being spends many years of her life in jail or is acquitted of a crime she didn't commit. I owe it to her to take myself to the next level, and I ask for the help to be able to do that. I have also been put in to be the defense counsel in Afghanistan for a 7 month tour. If that request is approved, I will be alone and unafraid in that post. I owe it to the Marines charged in Afghanistan to be the best that I can be. > I have to start with a confession. I didn't want to be a defense counsel. When I first came out here to Camp Pendleton, I requested to be a prosecutor. I wanted to wear the white hat and fight for the good guys. What I've discovered in the past year as a defense counsel is that I am fighting for the good guys. I represent the best men and women on earth: those who have raised their right hand to serve their country. I am fighting against a government that has all the power in the world, unlimited resources. Every time I look over at the trial side, I feel like there's two or three more lawyers over there, or clerks rushing documents and evidence around. On my side, it's just me and one frightened Marine. > > Again, it has been the honor of my life to represent these people. I think of Sgt G. His family came here from Colombia, as many other poor people have, unofficially, by putting one foot in front of another to make a better way in the land of opportunity. Sgt G joined the Marines to repay that opportunity. He was combat deployed 4 times, and he became an American citizen in Iraq. In the last year, he made a mistake: he got wrapped up in helping to transport 2 illegal aliens across the border. He was so open and honest with the border patrol that they didn't pursue charges, but the military did under the Assimilative Crimes Act. The colonel told me he was "appalled" by Sgt G's actions and because we don't bring over the federal sentencing guidelines, Sgt G was facing the face value punishment for these acts: 10 years per violation. We ultimately were able to get a deal down to 6 months, and because of the argument I made in front of the military judge, he told me that though he had never done so before, he agreed to write a letter of clemency after the trial asking that Sgt G be kept in the Marine Corps. I just learned a few weeks ago that Sgt G's clemency request was honored and he will be retained. His life will be better now without a punitive discharge, the Marines will be better off to still have him, and mine will be better because I got to defend a hero like him. > > His story is not isolated: I am daily moved by the people I get to represent, and wish I had an ounce more time or energy to give them like Schindler wished he had another ring to give for a life. I think of Sgt B with his Purple Heart and the testimony of those in his unit in Iraq. I think of Private S, who was drafted in 1965, applied to be a conscientious objector, was denied, ran away from Marine training before heading to Vietnam, and lived a life in shame and hiding until he returned this year to deal with his past. The government mischarged him, we went to trial, and he was found not guilty by the military judge after my motion. I think of Hospitalman K, who I am convinced was innocent though we lost at the trial. > > Even those who can't afford expensive criminal defense attorneys deserve a lawyer who has the training and ability to defend them passionately and effectively. Even those accused of the most terrible acts, have to be balanced against the great good that they have done. And the federal government, with all of its power, must be held to the highest standards of integrity and constitutional standards of evidence lest the individual be steamrolled and overwhelmed. I hear the Trial Lawyer's College will help me better do that, and hope to be able to participate.
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