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

[Robert Bracknell <rbracknell@acus.org>]

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>