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Re: Wuterich follow-up
Capt Chris Hur, formerly of Legal Team Charlie, believes Gannon never went to Iraq.
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
Senior Partner
Puckett & Faraj, PC
703.706.9566
www.puckettfaraj.com
On Jun 7, 2011, at 11:29, "Sullivan, Dwight H CIV USAF AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil> wrote:
> Here are my thoughts, along with my new address in the signature block.
>
> 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: Sripinyo, Kirk Major NAMARA, CODE 45 [mailto:kirk.sripinyo@navy.mil]
> Sent: Tuesday, June 07, 2011 2:14 PM
> To: Marshall Maj Meridith L; Neal Puckett; Sullivan, Dwight H CIV USAF
> AFLOA/JAJA
> Cc: Haytham Faraj; dhsullivan@aol.com; babu_kaza@hotmail.com
> Subject: RE: Wuterich follow-up
>
> I haven't gotten a response from the government regarding their consent, so
> the motion reflects that. Here's the draft.
>
> v/r
> Sip
>
>
> -----Original Message-----
> From: Marshall Maj Meridith L [mailto:meridith.marshall@usmc.mil]
> Sent: Tuesday, June 07, 2011 11:50
> To: Neal Puckett; Sullivan, Dwight H CIV USAF AFLOA/JAJA
> Cc: Haytham Faraj; dhsullivan@aol.com; babu_kaza@hotmail.com; Sripinyo, Kirk
> Major NAMARA, CODE 45
> Subject: RE: Wuterich follow-up
>
> I don't think he will to be honest.
>
> Major Meridith L. Marshall
> Senior Defense Counsel
> MCAS, Miramar
> 858-577-1720 (desk line)
> dsn 267-1720
> 858-997-8332 (government cell)
> meridith.marshall@usmc.mil
>
>
> -----Original Message-----
> From: Neal Puckett [mailto:neal@puckettfaraj.com]
> Sent: Tuesday, June 07, 2011 8:49 AM
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
> Cc: Haytham Faraj; dhsullivan@aol.com; babu_kaza@hotmail.com; Marshall Maj
> Meridith L; kirk.sripinyo@navy.mil
> Subject: Re: Wuterich follow-up
>
> Daren Erickson. He made traveled to Iraq and did the depos. No way he
> doesn't rejoin as lead TC. No way.
>
> Neal A. Puckett, Esq.
> LtCol, USMC (Ret)
> Senior Partner
> Puckett & Faraj, PC
> 703.706.9566
> www.puckettfaraj.com
>
> On Jun 7, 2011, at 7:38, "Sullivan, Dwight H CIV USAF
> AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil> wrote:
>
>> Thanks! I think we'll be making a few filings this week.
>>
>> Babu, have your orders come through?
>>
>> 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: Tuesday, June 07, 2011 10:02 AM
>> To: dhsullivan@aol.com; babu_kaza@hotmail.com;
>> meridith.marshall@usmc.mil; neal@puckettfaraj.com;
>> kirk.sripinyo@navy.mil
>> Cc: Sullivan, Dwight H CIV USAF AFLOA/JAJA
>> Subject: RE: Wuterich follow-up
>>
>> He's a Lieutenant Colonel. His name is Darren Erickson.
>>
>>
>>
>> From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
>> Sent: Tuesday, June 07, 2011 9:35 AM
>> To: haytham@puckettfaraj.com; babu_kaza@hotmail.com;
>> meridith.marshall@usmc.mil; neal@puckettfaraj.com;
>> kirk.sripinyo@navy.mil
>> Cc: dwight.sullivan@pentagon.af.mil
>> Subject: RE: Wuterich follow-up
>>
>>
>>
>> Oorah -- that's very helpful information. Is he still a major? What's
> his first name?
>>
>>
>>
>> Semper Fi,
>> DHS
>>
>>
>>
>>
>>
>> -----Original Message-----
>> From: Haytham Faraj <haytham@puckettfaraj.com>
>> To: 'Babu Kaza' <babu_kaza@hotmail.com>; meridith.marshall@usmc.mil;
>> neal@puckettfaraj.com; kirk.sripinyo@navy.mil; dhsullivan@aol.com
>> Cc: dwight.sullivan@pentagon.af.mil
>> Sent: Tue, Jun 7, 2011 9:29 am
>> Subject: RE: Wuterich follow-up
>>
>> By the way, Erickson is back as the OIC of the legal team. He is in
> essence the head prosecutor.
>>
>>
>>
>> From: Babu Kaza [mailto:babu_kaza@hotmail.com
>> <mailto:babu_kaza@hotmail.com?> ]
>> Sent: Monday, June 06, 2011 3:31 PM
>> To: meridith.marshall@usmc.mil <mailto:meridith.marshall@usmc.mil> ;
>> neal@puckettfaraj.com <mailto:neal@puckettfaraj.com> ;
>> kirk.sripinyo@navy.mil <mailto:kirk.sripinyo@navy.mil> ;
>> dhsullivan@aol.com <mailto:dhsullivan@aol.com>
>> Cc: haytham@puckettfaraj.com <mailto:haytham@puckettfaraj.com> ;
>> dwight.sullivan@pentagon.af.mil
>> <mailto:dwight.sullivan@pentagon.af.mil>
>> Subject: RE: Wuterich follow-up
>>
>>
>>
>> From the last time I talked to Maj Liebenguth, he recalled seeing (then)
> Maj Erickson and (then) Capt Gannon at Haditha.
>>
>>> Subject: RE: Wuterich follow-up
>>> Date: Mon, 6 Jun 2011 12:26:32 -0700
>>> From: meridith.marshall@usmc.mil <mailto:meridith.marshall@usmc.mil>
>>> To: neal@puckettfaraj.com <mailto:neal@puckettfaraj.com> ;
>>> kirk.sripinyo@navy.mil <mailto:kirk.sripinyo@navy.mil> ;
>>> DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com>
>>> CC: haytham@puckettfaraj.com <mailto:haytham@puckettfaraj.com> ;
>>> Dwight.Sullivan@pentagon.af.mil
>>> <mailto:Dwight.Sullivan@pentagon.af.mil> ; babu_kaza@hotmail.com
>>> <mailto:babu_kaza@hotmail.com>
>>>
>>> Gents,
>>>
>>> I am sure he didn't go alone. I wonder who else was with him.
>>>
>>>
>>>
>>> Major Meridith L. Marshall
>>> Senior Defense Counsel
>>> MCAS, Miramar
>>> 858-577-1720 (desk line)
>>> dsn 267-1720
>>> 858-997-8332 (government cell)
>>> meridith.marshall@usmc.mil <mailto:meridith.marshall@usmc.mil>
>>>
>>>
>>> -----Original Message-----
>>> From: Puckett Neal [mailto:neal@puckettfaraj.com
>>> <mailto:neal@puckettfaraj.com?> ]
>>> Sent: Monday, June 06, 2011 11:58 AM
>>> To: Sripinyo, Kirk Major NAMARA, CODE 45; Sullivan Dwight
>>> Cc: Faraj Haytham; Sullivan Dwight; Babu Kaza; Marshall Maj Meridith
>>> L
>>> Subject: Re: Wuterich follow-up
>>>
>>> Well, guys, we know Maj Gannon went to Iraq in conjunction with the
> investigation this case. If he didn't want to call it a "site visit," we may
> be talking about mere semantics here. If he didn't bother to visit the scene
> out at Route Chestnut, then that may be why they're pushing back on the
> issue.
>>> Neal
>>>
>>> Neal A. Puckett, Esq
>>> LtCol, USMC (Ret)
>>> Puckett & Faraj, PC
>>> 1800 Diagonal Rd, Suite 210
>>> Alexandria, VA 22314
>>> 703.706.9566
>>> www.puckettfaraj.com <http://www.puckettfaraj.com/>
>>> www.twitter.com/puckettfaraj <http://www.twitter.com/puckettfaraj>
>>>
>>>
>>> The information contained in this electronic message is confidential, and
> is intended for the use of the individual or entity named above. If you are
> not the intended recipient of this message, you are hereby notified that any
> use, distribution, copying of disclosure of this communication is strictly
> prohibited. If you received this communication in error, please notify
> Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
> You are required to purge this E-mail immediately without reading or making
> any copy or distribution.
>>>
>>> On Jun 6, 2011, at 12:37 PM, Sripinyo, Kirk Major NAMARA, CODE 45 wrote:
>>>
>>> Sir-
>>>
>>> I just received paper copies of the following:
>>>
>>> (1) Gov't motion to attach Unauthenticated versions of the record of
> trial, government argument on the issue below, and the judge's FoF and
> conclusions of law.
>>>
>>> (2) Unauthenticated record of the Article 39(a) session that occurred on
> 25 April 2011.
>>>
>>> (3) Judge Jones' FoF and Conclusions of law dated 31 May 2011.
>>>
>>> (4) The government's written argument on the defense motion below.
>>>
>>> (5) Appellate government's motion to remove the stay of proceedings and
> expedite review of the case. In it the government says, among other things,
> that Neither LtCol Sullivan nor Maj Gannon has ever visited the site.
>>>
>>> There's frankly too much here to scan. I can fedex it to you if you give
> me an address. The service document says that this stuff was served on me
> and the "counsel of record" on June 3rd. Did anyone else receive this stuff?
>>>
>>> v/r
>>> Sip
>>>
>>>
>>>
>>> -----Original Message-----
>>> From: DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com>
>>> [mailto:DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com?> ]
>>> Sent: Sunday, June 05, 2011 14:55
>>> To: neal@puckettfaraj.com <mailto:neal@puckettfaraj.com>
>>> Cc: haytham@puckettfaraj.com <mailto:haytham@puckettfaraj.com> ;
>>> Sripinyo, Kirk Major NAMARA, CODE 45; Dwight.Sullivan@pentagon.af.mil
>>> <mailto:Dwight.Sullivan@pentagon.af.mil> ; babu_kaza@hotmail.com
>>> <mailto:babu_kaza@hotmail.com> ; meridith.marshall@usmc.mil
>>> <mailto:meridith.marshall@usmc.mil>
>>> Subject: Re: Wuterich follow-up
>>>
>>> Oorah. I think we certainly shouldn't file tomorrow. We should be ready
> to file on 9 June but then decide whether we actually want to. I'll begin
> drafting the mandamus petition today.
>>>
>>> Semper Fi,
>>> DHS
>>>
>>> In a message dated 6/5/2011 12:18:16 P.M. Eastern Daylight Time,
> neal@puckettfaraj.com <mailto:neal@puckettfaraj.com> writes:
>>>
>>> I believe the correct answer is, "neither."
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Neal A. Puckett, Esq
>>> LtCol, USMC (Ret)
>>> Puckett & Faraj, PC
>>> 1800 Diagonal Rd, Suite 210
>>> Alexandria, VA 22314
>>> 703.706.9566
>>> www.puckettfaraj.com <http://www.puckettfaraj.com/>
>>> <http://www.puckettfaraj.com/> <http://www.puckettfaraj.com/%3E> ;
>>> www.twitter.com/puckettfaraj <http://www.twitter.com/puckettfaraj>
>>>
>>>
>>> The information contained in this electronic message is confidential, and
> is intended for the use of the individual or entity named above. If you are
> not the intended recipient of this message, you are hereby notified that any
> use, distribution, copying of disclosure of this communication is strictly
> prohibited. If you received this communication in error, please notify
> Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
> You are required to purge this E-mail immediately without reading or making
> any copy or distribution.
>>>
>>> On Jun 5, 2011, at 11:45 AM, DHSULLIVAN@aol.com
> <mailto:DHSULLIVAN@aol.com> wrote:
>>>
>>>
>>> Haytham,
>>>
>>> I seem to have misremembered. I think this is what I was thinking of:
>>>
>>> "I will send the transcript of the ex parte proceeding to the Clerk of
> Court for NMCCA. I have already made corrections to the record which have
> been captured by my identity and the date and time of the change."
>>>
>>> So it's possible that NEITHER transcript has been filed with NMCCA yet.
> So, Maj Sip, please hold off on filing the motion I suggested. Is it
> possible to check with NMCCA tomorrow to see whether either transcript has
> been filed yet? If neither transcript has been filed, that would seem to
> strengthen the case for waiting past 9 June to file our mandamus petition.
> If Jones waits until 13 June to file the authenticated transcript and we
> have to then file our motion for access to the sealed transcript, it
> literally might not be possible to file our mandamus petition until next
> week.
>>>
>>> Semper Fi,
>>> DHS
>>>
>>>
>>>
>>> In a message dated 6/5/2011 11:30:22 A.M. Eastern Daylight Time,
> DHSULLIVAN@aol.com <mailto:DHSULLIVAN@aol.com> writes:
>>>
>>>
>>> Thanks, Haytham. My recollection is that Jones filed an authenticated
> copy of the sealed ROT with NMCCA. I'll try to verify that. But I don't
> think I've heard of him filing an authenticated copy of the unsealed ROT.
>>>
>>> Maj Sip, would you be so kind as to file a motion with NMCCA tomorrow
>>> for us to access the sealed portion of the ROT. (We don't wan't to
>>> file a motion to unseal it; we don't want the government to have
>>> access to it, but we need access to it ourselves. The motion should
>>> be similar to what we filed at CAAF, attached.)
>>>
>>> Semper Fi,
>>> DHS
>>>
>>> In a message dated 6/5/2011 11:26:15 A.M. Eastern Daylight Time,
> haytham@puckettfaraj.com <mailto:haytham@puckettfaraj.com> writes:
>>>
>>>
>>> I don't believe Jones has authenticated a copy of the sealed portion. He
> asked Gannon to forward the record to the court including the sealed portion
> but directed that only the court reporters handle it.
>>>
>>> None of us have the sealed portion.
>>>
>>>
>>> Haytham Faraj
>>> Sent from my iPhone
>>>
>>> On Jun 5, 2011, at 10:29 AM, DHSULLIVAN@aol.com
> <mailto:DHSULLIVAN@aol.com> wrote:
>>>
>>>
>>>
>>>
>>> Team Wuterich,
>>>
>>> Two questions which give rise to other questions:
>>>
>>> (1) Has Jones authenticated the non-sealed portions of the ROT of the
> Article 39(a) session yet?
>>>
>>> (2) Do Neal, Hatham, and/or Meredith have access to the sealed ROT of the
> ex parte hearing?
>>>
>>> The answer to (1) affects our optimal filing date. If Jones hasn't filed
> the authenticated ROT before 9 June, there's no reason for us to file our
> mandamus petition before then. If Jones hasn't filed the authenticated ROT
> by 9 June, we'll have to make a decision about whether to go beyond 20 days
> from the ruling complained of to file the mandamus petition.
>>>
>>> If the answer to (2) is no, Maj Sip, can you please file a motion with
> NMCCA tomorrow for access to the sealed ROT?
>>>
>>> Oh, and a third question -- Maj Kaza, were you able to get associate duty
> orders but?
>>>
>>> Semper Fi,
>>> DHS
>>>
>>>
>>>
>>> =
>>>
>>>
>>>
>>
> <Wuterich CCA Motion for Access to Sealed Potion of the Record of Trial - redlined.doc>