RE: Re: US v. Rowe - Art 32 Witness Request

[Robert Bracknell <rbracknell@acus.org>]

Your objection is noted and your plan to produce the witnesses is sound.  The 32 is not a pro forma wicket for the government to get through.  It is also a discovery opportunity for the defense.  The alleged victim, Cpl Quinn, and SA Buckmon all clearly have relevant testimony to offer.  Captain Klay is an open question, but I'm willing to defer to the defense request given how easy it is to produce him.

Good on you for continuing to pursue Jeremy Owen; please keep trying and ensure you document your efforts to secure his cooperation at this stage of the proceedings.

s/f,
rgb


Butch Bracknell
Lieutenant Colonel of US Marines
CMC Fellow, The Atlantic Council
o 202-778-4979
c 757-287-4704
________________________________________
From: Hoover Capt Christopher M [christopher.hoover@usmc.mil]
Sent: Wednesday, June 01, 2011 12:25 PM
To: Robert Bracknell
Cc: haytham@puckettfaraj.com; Mcconnell Maj Matthew N
Subject: RE: Re: US v. Rowe - Art 32 Witness Request

Sir,
  All of the witnesses at issue are located in DC.  My objection is not to the location of the witnesses, it is only to the relevance regarding their testimony to the charges.  There is not a need to turn this Art 32 into a trial.  Given your discussion below, I will be producing SA Buckmon, Captain Klay, Lt Klay, and Cpl Quinn.  We are still trying to get Jeremy Owen to testify, but he has not returned my phone calls.

Captain Christopher M. Hoover, USMC
Military Justice Officer MCB Quantico
Work: (703) 784-0037
Cell: (603) 809-5781


-----Original Message-----
From: Robert Bracknell [mailto:rbracknell@acus.org]
Sent: Wednesday, June 01, 2011 11:18
To: Hoover Capt Christopher M
Cc: haytham@puckettfaraj.com; Mcconnell Maj Matthew N
Subject: RE: Re: US v. Rowe - Art 32 Witness Request

My email of May 23 asked you where the witnesses are located.  Your reply email of May 24 did not answer this question.  It's difficult for me to make a determination since I don't know for certain where the witnesses are.  I *assume* Quinn is still at MBW, and that the NCIS agent is still local as well.  Where is Captain Klay (spouse) assigned?, and what are his duties?

*IF* Quinn and SA Buckmon are local (within 50 miles of Quantico), please produce them.  I will decide on Captain Klay today when I learn where he is assigned.  If he is no longer local, I may still want to hear from him by phone.

Butch Bracknell
Lieutenant Colonel of US Marines
CMC Fellow, The Atlantic Council
o 202-778-4979
c 757-287-4704
________________________________________
From: Hoover Capt Christopher M [christopher.hoover@usmc.mil]
Sent: Wednesday, June 01, 2011 9:53 AM
To: Robert Bracknell
Cc: haytham@puckettfaraj.com; Mcconnell Maj Matthew N
Subject: RE: Re: US v. Rowe - Art 32 Witness Request

Sir,
  Has there been a decision regarding witnesses for the Art 32 on 6 Jun?  The government intends to call Lt Klay.  You stated that once you read the investigation that you would make a determination for SA Buckmon, Cpl Quinn, and Capt Klay.
Respectfully,

Captain Christopher M. Hoover, USMC
Military Justice Officer MCB Quantico
Work: (703) 784-0037
Cell: (603) 809-5781


-----Original Message-----
From: Mcconnell Maj Matthew N
Sent: Thursday, May 26, 2011 18:36
To: rbracknell@acus.org
Cc: Hoover Capt Christopher M; haytham@puckettfaraj.com
Subject: Re: US v. Rowe - Art 32 Witness Request

LtCol Bracknell,

Sir, as you requested, please find attached the defense request for production of witnesses for Capt Rowe's Article 32.  Also, this afternoon the defense received from Trial Counsel the audio of the pretext phone call between 1stLt Klay and Capt Rowe.

V/R
Matt

Matthew N. McConnell
Major, USMC
Defense Counsel
Office of the Staff Judge Advocate
3250 Catlin Ave, RM 30
Quantico, VA 22134
Comm: 703-432-4615
Fax:  703-784-0259