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RE: Draft 5 and Appendix
Oorah -- we never thought or suggested that he was on the SAME site visit as Vokey. The point is the prosecutors have a lawyer who has been to the scene of the alleged offenses and the defense doesn't. If Keller wants to fight about this, I'm happy to indulge him. The fight would seem to be about just how much of an unfair advantage does the prosecution have as a result of Manpower's intransigence and Jones' ruling.
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: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Thursday, May 26, 2011 1:59 PM
To: Sullivan, Dwight H CIV USAF AFLOA/JAJA
Cc: Sripinyo, Kirk Major NAMARA, CODE 45; dhsullivan@aol.com; haytham@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
Subject: Re: Draft 5 and Appendix
Gannon still lead TC. He traveled to his site visit at a different time than Vokey.
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
Senior Partner
Puckett & Faraj, PC
703.706.9566
www.puckettfaraj.com
On May 27, 2011, at 2:28, "Sullivan, Dwight H CIV USAF AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil> wrote:
> p.p.s. -- Maj Sip, can you please get a declaration from Liebenguth (sp?)
> about Gannon being in Haditha? I'd like to have that in our hip pocket so
> we can file it at NMCCA immediately should the need arise.
>
> 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: Thursday, May 26, 2011 1:24 PM
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA; dhsullivan@aol.com;
> haytham@puckettfaraj.com
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
> Subject: RE: Draft 5 and Appendix
>
> I'm not going to worry about it then. If Maj Gannon recently came off the
> case for whatever reason, we may want to adjust fire. I don't really feel
> that our argument hinges solely on the "parity" issue anyways.
>
> v/r
> Sip
>
> -----Original Message-----
> From: Sullivan, Dwight H CIV USAF AFLOA/JAJA
> [mailto:Dwight.Sullivan@pentagon.af.mil]
> Sent: Thursday, May 26, 2011 13:22
> To: Sripinyo, Kirk Major NAMARA, CODE 45; dhsullivan@aol.com;
> haytham@puckettfaraj.com
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
> Subject: RE: Draft 5 and Appendix
>
> Here's Judge Jones' email sending out his denial of the defense's motion.
> Note the email that is nested within it:
>
>
>
> > From: "Jones LtCol David M" <
> <mailto:david.m.jones5@usmc.mil> david.m.jones5@usmc.mil>
> > Date: May 20, 2011 10:02:08 EDT
> > To: "Gannon Maj Nicholas L" <
> <mailto:nicholas.gannon@usmc.mil> nicholas.gannon@usmc.mil>
> > Cc: "Neal Puckett" < <mailto:neal@puckettfaraj.com>
> neal@puckettfaraj.com>, "Haytham Faraj" < <mailto:haytham@puckettfaraj.com>
> haytham@puckettfaraj.com>, "Marshall Maj Meridith L" <
> <mailto:meridith.marshall@usmc.mil> meridith.marshall@usmc.mil>
> > Subject: RE: Government Argument and Evidence on
> Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey
> to Active Duty
> >
> >
> >
> > Counsel,
> >
> > The Defense Motion to Abate the Proceedings Until
> the ACR with Detailed Counsel is Restored is DENIED.
> >
> > I have not completed my F of F and C of Law so I
> will get that out later. I have had to deal with a serious family health
> issue this week and hope to get out the written justification next week,
> answering all of the guidance provided by CAAF.
> >
> > But, for planning purposes, the trial is still
> scheduled for 27 June to 22 July. There will be no more continuances and
> the case will go as scheduled unless an appellate court orders a Stay.
> >
> > R,
> >
> > LtCol David M. Jones
> > Military Judge
> > Western Pacific Judicial Circuit
> > Navy-Marine Corps Trial Judiciary
> > Office: 645-7287 / 2156
> > Fax: 645-2035
> > From the U.S.: 81-611-745-7287 / 2156
> >
> >
> > -----Original Message-----
> > From: Gannon Maj Nicholas L
> > Sent: Friday, April 29, 2011 9:55
> > To: Jones LtCol David M
> > Cc: Neal Puckett; Haytham Faraj; Marshall Maj
> Meridith L
> > Subject: Government Argument and Evidence on
> Defense Motion to Abate Proceedings Pending Involuntary Recall of Mr. Vokey
> to Active Duty
> >
> > Your honor,
> >
> > I hope you had a safe trip back to Japan. Attached
> is the government's written argument ICO U.S. v. Wuterich. Please note that
> I have included several attachments to the argument. Including two
> affidavits that are newly obtained (Ingersoll & Tate). I will ensure that
> the this new evidence is marked as the next appellate exhibits in order, and
> attach them to the record at our next Article 39a session.
> >
> > Very respectfully,
> > Maj Gannon
> >
>
> 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: Thursday, May 26, 2011 12:28 PM
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA; dhsullivan@aol.com;
> haytham@puckettfaraj.com
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
> Subject: RE: Draft 5 and Appendix
>
> That's what I told him. Anyone know if Gannon still a member of the trial
> team? I'm wondering if they pulled him off the trial team in the past few
> days, or something. He made the veiled threat that he "was going to hit us
> pretty hard" on that point. I guess that's actually not a particularly
> "veiled" threat.
>
> v/r
> Sip
>
>
> -----Original Message-----
> From: Sullivan, Dwight H CIV USAF AFLOA/JAJA
> [mailto:Dwight.Sullivan@pentagon.af.mil]
> Sent: Thursday, May 26, 2011 12:26
> To: Sripinyo, Kirk Major NAMARA, CODE 45; dhsullivan@aol.com;
> haytham@puckettfaraj.com
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
> Subject: RE: Draft 5 and Appendix
>
> That is my understanding as well. It also shows why we need a freakin'
> transcript.
>
> I would respond to Mr. Keller that it is our understanding that Maj Gannon
> has done so.
>
> 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: Thursday, May 26, 2011 11:57 AM
> To: dhsullivan@aol.com; haytham@puckettfaraj.com; Sullivan, Dwight H CIV
> USAF AFLOA/JAJA
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com; meridith.marshall@usmc.mil
> Subject: RE: Draft 5 and Appendix
>
> All-
>
> I just got a rather perplexing call from Mr. Keller saying that no one on
> the prosecution trial team has conducted a site visit. He's suggested we do
> a motion to correct errata "now" and would consent to it. My understanding
> was that Gannon is on the trial team and that he conducted a site visit, is
> this not correct?
>
> v/r
> Sip
>
> -----Original Message-----
> From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
> Sent: Wednesday, May 25, 2011 15:23
> To: haytham@puckettfaraj.com; Dwight.Sullivan@pentagon.af.mil
> Cc: neal@puckettfaraj.com; babu_kaza@hotmail.com;
> meridith.marshall@usmc.mil; Sripinyo, Kirk Major NAMARA, CODE 45
> Subject: Re: Draft 5 and Appendix
>
> Thanks, Haytham! I think we're ready to roll. Everyone speak now or forever
> hold your piece.
>
> Maj Sip -- do you need anything else from me or are you good to go?
>
> Semper Fi,
> DHS
>
>
> -----Original Message-----
> From: Haytham <haytham@puckettfaraj.com>
> To: Sullivan, Dwight H CIV USAF AFLOA/JAJA <Dwight.Sullivan@pentagon.af.mil>
> Cc: DHSULLIVAN@aol.com <DHSULLIVAN@aol.com>; neal@puckettfaraj.com
> <neal@puckettfaraj.com>; babu_kaza@hotmail.com <babu_kaza@hotmail.com>;
> meridith.marshall@usmc.mil <meridith.marshall@usmc.mil>;
> kirk.sripinyo@navy.mil <kirk.sripinyo@navy.mil>
> Sent: Wed, May 25, 2011 3:21 pm
> Subject: Re: Draft 5 and Appendix
>
>
>
>
>
> These dates are accurate. Well done on the petition.
>
>
>
> Haytham Faraj
>
> Sent from my iPhone
>
>
>
> On May 25, 2011, at 1:04 PM, "Sullivan, Dwight H CIV USAF
> AFLOA/JAJA"<Dwight.Sullivan@pentagon.af.mil>
>
> wrote:
>
>
>
>> Here's the part we want to verify. I based the dates on e-mails that told
> me
>
> when things were expected to happen, so I'm not sure that that's when they
>
> actually did happen:
>
>>
>
>>
>
>> Following the Court of Appeals for the Armed Forces' ruling on his writ
>
> appeal, on 15 April 2011, Petitioner filed a Motion to Abate Proceedings
> Pending
>
> Involuntary Recall of Mr. Vokey to Active Duty. The Government filed a
> written
>
> opposition on 22 April 2011.
>
>>
>
>> Respondent Judge Jones held an Article 39(a) session to receive evidence
> and
>
> hear argument on the motion on 25-26 April 2011. Following the hearing, on
> 29
>
> April 2011, the Government submitted additional evidence, including two
>
> affidavits of individuals Petitioner had no ability to cross-examine.
>
>>
>
>> 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
>
>>
>
>>
>
>>
>
>
>
>