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RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to June 6

Captain Hoover:
WHEN do you anticipate the audio will be available - could you be more specific than "working on getting the audio"?  Who has it, and what is the barrier to providing it to the defense by Friday?  Updates from whom?

There were three witnesses referenced by the defense:

Lt Klay's husband -- Captain Benjamin Klay
Corporal Garrett Quinn
The NCIS case agent

I asked *where* each of them is located.  It also might be helpful to provide a more detailed perspective on their relevance other than a conclusory opinion that they are not relevant witnesses, after the defense articulates why the witnesses are relevant to the defense case in chief at the Art 32 hearing.

Defense:  please articulate why you believe each of these three witnesses is relevant and should be produced by the government.

R,
rgb



Butch Bracknell
Lieutenant Colonel of US Marines
CMC Fellow, The Atlantic Council
o 202-778-4979
c 757-287-4704
Illegitimi non carborundum

-----Original Message-----
From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil]
Sent: Monday, May 23, 2011 2:26 PM
To: Robert Bracknell
Cc: Mcconnell Maj Matthew N; Haytham Faraj
Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to June 6

Sir,
  Working on getting the audio of the pre-text phone call.  I will apprise everyone of updates as I get them.  The government intends to call Lt Klay.  The government does not see the relevance of Captain Benjamin Klay or Corporal Garrett Quinn.
Respectfully,

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: Monday, May 23, 2011 8:56
To: Haytham Faraj; Hoover Capt Christopher M
Cc: Mcconnell Maj Matthew N
Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to June 6

OK, thanks.  The question about witnesses was directed more toward the government.

Capt Hoover, can you comment on the availability of the *actual* audio of the pretext phone call, and when you can make it available to the defense?

s/f,
rgb



Butch Bracknell
Lieutenant Colonel of US Marines
CMC Fellow, The Atlantic Council
o 202-778-4979
c 757-287-4704
________________________________________
From: Haytham Faraj [haytham@puckettfaraj.com]
Sent: Saturday, May 21, 2011 11:56 AM
To: Robert Bracknell; 'Hoover Capt Christopher M'
Cc: 'Mcconnell Maj Matthew N'
Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to June 6

I am not sure where the witnesses are.  I believe Cpl Quinn and the Agent
are in the DC Metro area.  The audio, I believe, is a critical piece of
evidence for you to consider.  We have a transcript but based on my reading
of that transcript, I believe it will be beneficial to hear the tone,
emotion and volume of the conversation.  I have not heard it.  I will do so
as soon as I get a copy of the audio CD.

Vr
Haytham Faraj

-----Original Message-----
From: Robert Bracknell [mailto:rbracknell@acus.org]
Sent: Saturday, May 21, 2011 11:01 AM
To: Haytham; Hoover Capt Christopher M
Cc: Mcconnell Maj Matthew N
Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6

Where are these witnesses, and does the government contest their relevance
or that their testimony would be cumulative?  Having not read the
investiation yet, I'm at a disadvantage as to what these witnesses might
testify.

The second part of Mr. Faraj's email is a discovery request not necessarily
germane to the 32, and beyond the power of the IO to require, unless the DC
maintains that the actual audio (vice the transcript) is necessary to
prepare adequately for the 32 (vice trial, if there is a trial).

s/f,
rgb


Butch Bracknell
Lieutenant Colonel of US Marines
CMC Fellow, The Atlantic Council
o 202-778-4979
c 757-287-4704
________________________________________
From: Haytham [haytham@puckettfaraj.com]
Sent: Friday, May 20, 2011 9:59 PM
To: Hoover Capt Christopher M
Cc: Robert Bracknell; Mcconnell Maj Matthew N; Owsley SSgtJason L
Subject: Re: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6

Capt Hoover,
We'll get a witness request to you but I wanted to give you a warning order
so that you can have plenty of time coordinating witnesses. We will also
want Cpl Quinn and LT Klay's husband. I also request that the case Agent be
produced.

I request a copy of the actual audio
Haytham Faraj
Sent from my iPhone

On May 20, 2011, at 4:21 PM, "Hoover Capt Christopher M"
<christopher.hoover@usmc.mil> wrote:

> Sir,
>  Attached is the NCIS investigation minus the 112 page transcript from a
pre-text phone call.  If you provide me an address I can get SSgt Owsley to
send you the entire report to include the transcript.  I do not intend for
you to consider the report for purposes of proof at the Art 32, only for the
basis to make witness determinations.  Lt Klay will be the primary witness
at this Art 32.
> Respectfully,
>
> 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: Friday, May 20, 2011 13:25
> To: Hoover Capt Christopher M; Haytham Faraj
> Cc: Lee Maj Yong J; Mcconnell Maj Matthew N; Owsley SSgt Jason L
> Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6
>
> Capt Hoover:  in advance of the hearing, I'd like to read the NCIS/LE
report germane to this case; please send it electronically or if it's too
big, make arrangements to send it to me some other way.  Do you intend to
request the IO to consider this report in its entirety?
>
> DC:  I need your witness list next week so I can make reasonable
availability determinations.
>
> s/f,
> rgb
>
> Butch Bracknell
> Lieutenant Colonel of US Marines
> CMC Fellow, The Atlantic Council
> o 202-778-4979
> c 757-287-4704
> Illegitimi non carborundum
>
>
> -----Original Message-----
> From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil]
> Sent: Friday, May 13, 2011 1:38 PM
> To: Robert Bracknell; Haytham Faraj
> Cc: Lee Maj Yong J; Mcconnell Maj Matthew N; Owsley SSgt Jason L
> Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6
>
> Gentlemen,
>  The government does not have any conflicts.  The government witness is
available that day also.  6 June it is.  Thank you.
> Respectfully,
>
> 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: Friday, May 13, 2011 13:19
> To: Haytham Faraj; Hoover Capt Christopher M
> Cc: Tilney Capt Marc R; Lee Maj Yong J; Mcconnell Maj Matthew N; Owsley
SSgt Jason L
> Subject: RE: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6
>
> Approved.  TC, please reschedule for 6 June, secure the courtroom, and
advise if you have trial conflicts.
>
>
> Butch Bracknell
> Lieutenant Colonel of US Marines
> CMC Fellow, The Atlantic Council
> o 202-778-4979
> c 757-287-4704
> ________________________________________
> From: Haytham Faraj [haytham@puckettfaraj.com]
> Sent: Friday, May 13, 2011 10:27 AM
> To: Robert Bracknell; 'Hoover Capt Christopher M'
> Cc: 'Tilney Capt Marc R'; 'Lee Maj Yong J'; 'Mcconnell Maj Matthew N';
'Owsley SSgt Jason L'
> Subject: U.S. v. Rowe; Article 32 defense delay request from May 18 to
June 6
>
> LtCol Bracknell,
> I have attached a request to continue the Article 32 hearing in the
subject
> case from May 18 to June 6.
>
> Vr
> Haytham Faraj
>
> -----Original Message-----
> From: Robert Bracknell [mailto:rbracknell@acus.org]
> Sent: Thursday, May 12, 2011 4:15 PM
> To: 'Hoover Capt Christopher M'
> Cc: Tilney Capt Marc R; Lee Maj Yong J; haytham@puckettfaraj.com;
Mcconnell
> Maj Matthew N; Owsley SSgt Jason L
> Subject: RE: Civilian Counsel Contact Info in re: Capt Rowe
>
> Men, just a reminder.  We are on for 18 May in Quantico unless I receive a
> request for delay within a reasonable period prior to that date -- the day
> prior will be unreasonable, for example...
>
> At present, I understand the government intends to call one witness, 1stLt
> Klay, the alleged victim.  I also understand there will be no NCIS/law
> enforcement agents called to testify.
>
> I do not yet have a request for defense witnesses, but even if they are
> local, I need those names as soon as possible to make an adequate
reasonable
> availability determination in time for the government to produce them by
the
> 18th.
>
> s/f,
> LtCol Bracknell
>
> Butch Bracknell
> Lieutenant Colonel of US Marines
> CMC Fellow, The Atlantic Council
> o 202-778-4979
> c 757-287-4704
> Illegitimi non carborundum
>
> -----Original Message-----
> From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil]
> Sent: Monday, May 09, 2011 8:33 AM
> To: Robert Bracknell
> Cc: Tilney Capt Marc R; Lee Maj Yong J; haytham@puckettfaraj.com;
Mcconnell
> Maj Matthew N; Owsley SSgt Jason L
> Subject: RE: Civilian Counsel Contact Info in re: Capt Rowe
>
> Sir,
>  We have a courtroom available and it will be reserved for 18 May.
> Respectfully,
>
> 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: Friday, May 06, 2011 19:28
> To: Mcconnell Maj Matthew N
> Cc: Hoover Capt Christopher M; Tilney Capt Marc R; Lee Maj Yong J;
> haytham@puckettfaraj.com
> Subject: RE: Civilian Counsel Contact Info in re: Capt Rowe
>
> Men:
> The appointing letter gives me only 14 days to complete the Art 32
hearing.
> I am setting a date of Wednesday May 18 at MCB Quantico.  TC, please
secure
> a courtroom.
>
> I will entertain requests for excludable delay to set an alternate date up
> to 30 days after 18 May.  All parties are on notice I am unavailable on 17
> June.
>
> Mr. Faraj, since you have only recently been retained, if you intend to
> request additional delay to prepare to defend against these quite serious
> charges, I encourage you to submit your additional delay request ASAP to
the
> convening authority.
>
> s/f,
> rgb
>
> Butch Bracknell
> Lieutenant Colonel of US Marines
> CMC Fellow, The Atlantic Council
> o 202-778-4979
> c 757-287-4704
> ________________________________________
> From: Mcconnell Maj Matthew N [matthew.n.mcconnell@usmc.mil]
> Sent: Friday, May 06, 2011 4:13 PM
> To: Robert Bracknell
> Cc: Hoover Capt Christopher M; Tilney Capt Marc R; Lee Maj Yong J;
> haytham@puckettfaraj.com
> Subject: Civilian Counsel Contact Info in re: Capt Rowe
>
> Sir,
>
> Below is attorney Faraj's contact information.  He has been retained by
Capt
> Rowe and is cced here.
>
> v/r
> Matt
>
>
> Haytham Faraj
> PUCKETT & FARAJ, PC
> WASHINGTON DC METRO
> The Law Firm of Puckett & Faraj, PC
> 1800 Diagonal Road
> Suite 210
> Alexandria, VA 22314
> 703-706-0442 Phone
> 202-280-1039 Fax
>
> DETROIT METRO
> Dearborn Heights, MI 48127
> 313-457-1390 Phone
> 202-280-1039 Fax
> <ROWE_NCIS_INV.PDF>