Haytham, We are looking forward to having you here. I'm going to clear out an office space for you here at D. I have a nice defense conference room that will be ours as well. I totally agree with your approach to the evidence at the 32. I have some reservation about the unsworn, we can discuss further on Monday. V/r Adam -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, April 14, 2011 6:16 To: Workman Maj Adam J; Baehr Capt James S Cc: Card Maj Edward T Subject: Plan for next week Gentleman, I fly in on Sunday evening. I would like us all to meet at 0830 on Monday. Plan to block off the day for this case. I am thinking we can get together at Delta to work, if Adam can host us. I know you both know the seriousness of this case. This could be the biggest case of your legal careers. If it goes forward, it will be one of the most high profile war crimes cases to come out of the war because of the rank of our client and the personal involved. As I told both of you before, we are a team. I expect you to take initiative when necessary and say what's on your mind. If that little voice is saying something to you, then sound off. It's probably something we all need to hear. The way I expect to present the evidence in this case is as follows: the Government will present their case. We will object to all statements unless they are clearly beneficial to us. Summaries of interviews by NCIS are objectionable as well. I read 405 as prohibiting any statement unless the witness is unavailable. There is no distinction between written and oral statements within the manual. Once the Government is done with their case, I will take an extended break to discuss what we want to put on. If the Government really wants this to die than perhaps all we do is call a couple of the witnesses who help us out or none at all. If Maj Goode calls all the witnesses herself, we'll be crossing all of them. Think about how you're going to do your crosses. I am a big fan of the soft cross. We're at an Article 32. You're essentially doing depositions. Let the witness speak. He may provide you some unexpected gifts. Leading questions are of no benefit at an Article 32 hearing especially if we have a statement that we can use to tell a different narrative. Let the witness speak. The more they speak the more contradictions he may give you. And the more information we'll have to work with to impeach at trial if we have to go there. I am thinking of having Maj Card provide an unsworn statement that we will work on Monday. As with all decisions, it is open to discussion. See you all Monday. s/f 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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