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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
>
>>
>
>>
>
>>
>
>
>
>