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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   

>  

>  

>  




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