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RE: Production of SSgt Lopez at GySgt Kelton's Art 32



Yes, that's what we did.  I'm not sure why.  In that case I represented the accused with Neal as CC.  

I'll be at the 32 regardless, so I can make sure she's good to invoke.  She called me a few minutes ago because her COC already told her when/where to be.  I told her I'd update her after the decision is made.

-----Original Message-----
From: Hoover Capt Christopher M 
Sent: Thursday, May 19, 2011 16:45
To: Haytham; Mcguire 1stLt Maryann N
Cc: White Capt Bret A
Subject: RE: Production of SSgt Lopez at GySgt Kelton's Art 32

Just to chime in, yes-it is a waste of time.  Ask Capt White, we had this in a case about two months ago.  We brought the witness in, swore her in, she said I plead the 5th, we said thank you, and moved on.  Total waste of time, but the IOs dictate our work at the 32 level.

Captain Christopher M. Hoover, USMC
Military Justice Officer MCB Quantico
Work: (703) 784-0037
Cell: (603) 809-5781


-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, May 19, 2011 16:22
To: Mcguire 1stLt Maryann N
Cc: White Capt Bret A; Hoover Capt Christopher M
Subject: Re: Production of SSgt Lopez at GySgt Kelton's Art 32

She has counsel. She can't even be asked questions.  Why waste your time and hers?

Haytham Faraj 
Sent from my iPhone

On May 19, 2011, at 3:51 PM, "Mcguire 1stLt Maryann N" <maryann.mcguire@usmc.mil> wrote:

> Gentlemen, 
> 
> GySgt Kelton's defense counsel has requested SSgt Lopez as a witness at GySgt Kelton's Article 32 hearing. The IO has not deemed her unavailable. I have been informed the standard practice at Quantico, since she is not unavailable per RCM 405, is to have her appear and invoke on the record. 
> 
> Very Respectfully, 
> 
> Maryann N. McGuire
> First Lieutenant, U.S. Marine Corps
> Trial Counsel
> Office of the Staff Judge Advocate
> Marine Corps Base, Quantico
> 703-784-3675
> 
> 

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