Understood. Here's my plan:
I am retaining Greg through weekend to see if he can get more from key witness. She sent him an email yesterday implicating another senior leader involved with my case and suggesting the IO, after interviewing her, lied in his report. It just keeps on coming... The risk I assume is that Greg is pissing her off. She doesn't trust him (per Greg). She is fragile and terrified of the government. As she said in her note to Greg, "all the government is going to do is change the story, just like LtCol Ans (IO) did."
I'm scared, too, but I cannot just walk without making this right.
On Monday, I am discharging Tully Rinckey, and may revisit their poor legal representation down the road.
When can you send me an engagement letter and when will you have time to read statement that I'm working on now?
MackSent from my Verizon Wireless BlackBerry
From: Haytham Faraj <haytham@puckettfaraj.com>
Date: Sat, 28 May 2011 12:46:40 -0400 To: <mackh2os@yahoo.com> Subject: RE: Some Progress
Mack, I am very pressed this week. Thereâs no way I can give your case the time necessary in the short term. I am not rejecting it. The problem is available time in the short term. You need someone immediately and I canât do that. I think Iâll have time to review your statement and guide you in putting together your exhibits. From: mackh2os@yahoo.com [mailto:mackh2os@yahoo.com]
Sent: Saturday, May 28, 2011 1:54 AM
To: Haytham
Subject: Re: Some Progress Haytham, rereading my email response to you. Just wanted to make sure I didn't confuse you.
I plan on Requesting Mast on Monday. Ideally, I can get an abeyance on retirement to buy some time. At mercy of govt there.
I want you as my attorney. I'm about to wage war with the USMC establishment and I need the best.
Talking to you last week, I got the sense that you had little time to take on new cases. That's why I was asking if you would be willing to let me pay for a few hours to review my statement. I know you have little time.
Here's the deal with Tully Rinckey. They've been "working" my case so long, I was afraid to cut ties at such a crucial time. Otherwise, I wouldn't hesitate to discharge them. Very unsatisfied.
If I were to discharge them tomorrow, do you have time next week to:
Engage one or two key witnesses.
Read my statement.
Brush up on discovery and official correspondence.
And help me build a strategy?
Also, will I be able to use all of the emails Greg has sent me with witness statements? Or does the information go with him?
If you are able to take this on, then I am ready to change my counsel.
Mack Sent from my Verizon Wireless BlackBerry
From: Haytham <haytham@puckettfaraj.com> Date: Fri, 27 May 2011 19:13:04 -0500 To: Mack Waters<mackh2os@yahoo.com> Subject: Re: Some Progress UCI always applies and any evidence of UCI is appropriate for use. The weight it is given will depend on it's relevance to the issue. I recommend you work with your current attorney on the BCNR matter. It's cleaner and less costly. I cannot work with the attorneys at Tully and so would be of no use to you. They handle a lot of BCNR work so they should be able to assist with that as well. Happy memorial day. Sent from my iPhone Understood completely on "peer eval." Had movers at my feet and many deadlines to meet that day. Needed some quick clarity. Temporary insanity. You did enough by just replying to my email. I am the sole author of the "supplemental statement" referenced below; no assistance from counsel. Original intent was to submit to BCNR once retired, but as some new information came about, and after talikng to you, I'm going to try to take action while on actice duty. I need someone savvy, who's been there, that I trust to read it to make sure I'm not exposing myself to more harm; i.e., I need YOU to read it. Any way I can make that happen? Greg knows my case well, and is still my attorney, but fully engaged trying to get witnesses to capture UCI-related nuggets in writing. Apologize for cluttering your M-D weekend Friday, but at 31 May at 2359, I turn into a pumpkin. Quick proccedural question. Does UCI apply to NJP as well as courts martial? My understanding is that the same concept applies. Generally speaking, is a witness's email testimony enough to substantiate a UCI allegation--enough to get the government to look into it? EX: Witness says in email that the battalion called her frequently to urge her to drop charges. EX: Witness says in email that her friend, XXX, called her and said that the CO was expressing his opinion about one of his Marines during an ongoing investigation, NJP process, and separation proceedings requiring chain of command endorsement?
From: Haytham <haytham@puckettfaraj.com>
To: Mack Waters <mackh2os@yahoo.com>
Sent: Fri, May 27, 2011 5:46:38 PM
Subject: Re: Some Progress If you are still represented by counsel, then you should discuss it with him. It would be inappropriate of me to comment on someone's work while that person represents you. I'm referring to the statement regarding more cooperation from counsel. If you're not represented, I can send you a retainer agreement to enable me to give you legal advice. If you're merely looking for answers on process, I could do that without an agreement. Sent from my iPhone No need to comment on my last note. Starting to get my point across--and more cooperation from counsel. I conveyed to chain of command today that I intend to Request Mast to IG of the Marine Corps, citing that my grievances with higher headquarters and the GCMA in my chain of command. I know you are busy, but do you have any time to review my supplemental statement any time soon (I will pay billing rate)? I have no idea how the Corps will respond, but am securing the Swiss seat for a wild ride. Need the UCI expertise of the "Young Hawk"
From: Haytham <haytham@puckettfaraj.com>
To: Mack Waters <mackh2os@yahoo.com>
Sent: Wed, May 25, 2011 10:33:14 AM
Subject: Re: Help I'm in Wyoming at a course. I'm in the middle of the state with no phone and only occasional Internet connectivity. Can this wait until Friday? Sent from my iPhone Haytham, my god, please look at this dialogue and tell me whether or not I'm crazy. I am requesting Mast with the Commandant of the Marine Corps within a week to address some very rotten deeds; meanwhile, I'm deeply afraid that I have retained counsel that is incompetent. I need some advice and soon. One or two sentences will do.
<UCI-related Emails with Greg Rinckey_25 May.doc>
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