Haytham, I'm putting the motion to compel witness production together right now. I know I needed to do the initial request differently and that's why we're in a bit of a bind on this now. So, hopefully we can recover in this area. I listed the 17 2ndLts at TBS in my anticipated witness list, but didn't request their production. I only requested production of out of area witnesses. From dealing with Maj Mitchell in the past, do you think we're going to have a problem getting him to voluntarily let those 17 2ndLts go or do I need to include them in my motion to compel production? As to the rest of the platoon, they are the only ones who were denied by the government who we need or may need. The question is: do you want me to ask for ALL of them or just some of them? The only ones who were denied in my out of area request who were also named in the charge sheet or bill of particulars are Thompson, Walden, Wilson, Brown, & Partridge. So, I'm prepping the motion to address them and we can add the rest in the morning if you like. I'll be here a little while longer and probably a little early in the morning. What time are you getting in? V/r, Bret A. White Captain, U.S. Marine Corps Defense Counsel Office of the Staff Judge Advocate Marine Corps Base 3250 Catlin Avenue Quantico, VA 22134 Main: 703.784.4615/4628 Direct: 703.784.0405 Fax: 703.784.0259 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, May 10, 2011 8:13 To: White Capt Bret A Subject: Lopez witness interviews Good morning Bret, Please submit a request to have GySgt Kelton produced as a witness. We need that request sent out immediately so we can work through the issue of testimonial immunity. GySgt Kelton is a necessary, relevant and material witness. She is an exculpatory witness to several of the charges on the charges sheet. I have been informed by her counsel that she has testimony that directly contradicts the charged offenses. He would not go into any great detail but shared facts about one charge, the taking of photos of candidates. He told me that Kelton specifically rebuts that. I believe that there will be a lot more. Also please prepare and submit a simple witness production motion for all witnesses that you believe are relevant but that the Government denied. Do not go into great detail on the law. The judge knows the law. Provide the facts necessary to show why the witnesses are relevant and necessary to persuade the judge. Let me know if you?re available tomorrow morning. Haytham Faraj, Esq. 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 The Law Firm of Puckett & Faraj, PC P.O. Box 1016 Dearborn Heights, MI 48127 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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