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RE: RE: Wuterich follow-up
I just stopped by to see Maj Sip. In light of NMCCA's denial of the defense motion to lift the stay, you guys are REALLY in the driver's seat. Keller said that if they didn't call of the witnesses by 8 June (today), they couldn't be turned off without extreme cost to the United States if the trial doesn't occur on 27 June. It should now be apparent to them that there's a great chance that that won't occur. We'll also give them a nudge today with the interrogatories motion.
So you all should have a great deal of leverage today. Anything you all want from the Government?
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: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Wednesday, June 08, 2011 8:32 AM
To: dhsullivan@aol.com; meridith.marshall@usmc.mil
Cc: neal@puckettfaraj.com; Sullivan, Dwight H CIV USAF AFLOA/JAJA; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com
Subject: RE: RE: Wuterich follow-up
Yes
From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
Sent: Wednesday, June 08, 2011 8:27 AM
To: haytham@puckettfaraj.com; meridith.marshall@usmc.mil
Cc: neal@puckettfaraj.com; Dwight.Sullivan@pentagon.af.mil; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com
Subject: Re: RE: Wuterich follow-up
So Erickson is now the boss of the LSST-E OIC?
Does Gannon work for him?
-----Original Message-----
From: haytham@puckettfaraj.com
To: DHSULLIVAN@aol.com; meridith.marshall@usmc.mil
Cc: neal@puckettfaraj.com; Dwight.Sullivan@pentagon.af.mil; kirk.sripinyo@navy.mil; babu_kaza@hotmail.com
Sent: Wed, Jun 8, 2011 8:15 am
Subject: RE: Wuterich follow-up
Dwight,
You're exactly right that he cut and pasted his findings together. And you are indeed right about what we asked for. No one asked for dismissal.
Erickson left the prosecution team to become the deputy SJA at I MEF. He then deployed as an SJA. Erickson doesn't believe in this case. What I mean by that is he did not want to charge any homicide and sought to cast it as negligent actions. He disagreed with Sean Sullivan when Sullivan convinced the CA to immunize several of the Marines who had real culpability in intentional misconduct. In short, he was the only prosecutor who understood the facts of the case and did not oversell it. He has advocated for a plea of negligent dereliction of duty for a long time but that fell on deaf ears. I trust him.
He just returned to be the OIC of the LSSS. Jamieson was the original detailing authority. He took an active role as a senior advisory prosecutor in the case. I'm sure Erickson's role will be similar to the one Jamieson played. Erickson respected Jamieson and viewed him as a mentor.
From: DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com> [mailto:DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com?> ]
Sent: Wednesday, June 08, 2011 2:43 AM
To: meridith.marshall@usmc.mil <mailto:meridith.marshall@usmc.mil> ; haytham@puckettfaraj.com <mailto:haytham@puckettfaraj.com>
Cc: neal@puckettfaraj.com <mailto:neal@puckettfaraj.com> ; Dwight.Sullivan@pentagon.af.mil <mailto:Dwight.Sullivan@pentagon.af.mil> ; kirk.sripinyo@navy.mil <mailto:kirk.sripinyo@navy.mil> ; babu_kaza@hotmail.com <mailto:babu_kaza@hotmail.com>
Subject: Re: Wuterich follow-up
I'm calling it a night. I think it's very important that we file the motion to propound interrogatories on Wednesday. It's still in its embryonic stage. One reason for that is I remembered that I moved to propound interrogatories in another appellate case I did and I have that motion on my work computer. So I'm going to cut and paste some of that motion into this motion. I'll try to finish it up over my lunch hour tomorrow. It's probably more important that it gets filed tomorrow than that it's as good as we could make it if we took more time. (I know that's a horrible sentence, but it's late. :-))
Semper Fi,
DHS