Haytham, Got your message. I have been in 32s and other hearings booking up my time. I'd like to touch base on SSgt Lopez, too. I was chatting with 1stLt McGuire about another case and she mentioned that she's going to respond to our immunity request with a denial. So, I'm sure we'll have to file a motion for that. If you have time, we can talk Thursday afternoon / evening. I have a 32 in the morning and am prepping for a contested trial next week after that. V/r, -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, June 21, 2011 12:28 To: Hoover Capt Christopher M; Mcguire 1stLt Maryann N Cc: White Capt Bret A Subject: SSgt Lopez Capt Hoover and 1stLt Mcguire, I hope that you had time to process the information you got from your interview with SSgt Lopez. Before we sat down for the interview, I explained to 1stLt Mcguire that I am not looking for anything in return. As you know, such a thing is unheard of. I did it because I believed that when you hear from SSgt Lopez, you will find that her role in any misconduct is either de minimis or endorsed by people that are senior to her who were present. I imagine prosecuting her and arguing to the jury that she be punished for conduct that went on regularly under the supervision of senior officers and SNCOs or conduct that most jurors will find laughable given our experiences in boot camp and OCS. I think I would lose credibility as a prosecutor with the jury. I am certainly prepared to go to trial. And I am certain that we will have a good outcome because of one very simple fact. Lopez has completed several successful tours on the Drill Field and OCS. Only during this cycle did she run into problems. Jurors are smart. They get it. They're going to ask why and who failed? They're going to look to Davis, Kelton, and more importantly Kraics. The jury will not find Lopez guilty nor want to punish her. I am not writing to posture. I don't do that. I did want to point out some things that I am sure are just as obvious to you as they are to me and to ask whether these charges should not be dismissed. Lopez can still be punished with a reprimand or an adverse fitness report. The defense position is we can't plea to anything at a court-martial or NJP but she will accept responsibility for failures in judgment and a failure to report to what was going on to Capt Kraics who, incidentally, should have been around enough to notice what was going on for herself but that's perhaps another discussion. We will be requesting all witnesses noticed in your witness list. I will also be calling a number of lieutenants who graduated from previous platoons that were trained by Lopez. This trial will take no less than two weeks and waste a lot of time. I hope you will consider whether the resources we are about to expend on this case are worth the likely punishment you will secure even if you're successful in securing some sort of conviction. Vr, Haytham Faraj -----Original Message----- From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] Sent: Thursday, May 19, 2011 4:45 PM To: Haytham; Mcguire 1stLt Maryann N Cc: White Capt Bret A Subject: RE: Production of SSgt Lopez at GySgt Kelton's Art 32 Just to chime in, yes-it is a waste of time. Ask Capt White, we had this in a case about two months ago. We brought the witness in, swore her in, she said I plead the 5th, we said thank you, and moved on. Total waste of time, but the IOs dictate our work at the 32 level. Captain Christopher M. Hoover, USMC Military Justice Officer MCB Quantico Work: (703) 784-0037 Cell: (603) 809-5781 -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Thursday, May 19, 2011 16:22 To: Mcguire 1stLt Maryann N Cc: White Capt Bret A; Hoover Capt Christopher M Subject: Re: Production of SSgt Lopez at GySgt Kelton's Art 32 She has counsel. She can't even be asked questions. Why waste your time and hers? Haytham Faraj Sent from my iPhone On May 19, 2011, at 3:51 PM, "Mcguire 1stLt Maryann N" <maryann.mcguire@usmc.mil> wrote: > Gentlemen, > > GySgt Kelton's defense counsel has requested SSgt Lopez as a witness at GySgt Kelton's Article 32 hearing. The IO has not deemed her unavailable. I have been informed the standard practice at Quantico, since she is not unavailable per RCM 405, is to have her appear and invoke on the record. > > Very Respectfully, > > Maryann N. McGuire > First Lieutenant, U.S. Marine Corps > Trial Counsel > Office of the Staff Judge Advocate > Marine Corps Base, Quantico > 703-784-3675 > >
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