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RE: SCARSELLI BOI



Sir,

We don't have a copy of the government's binders/exhibits yet.  Also, we would prefer none of the members review any of the evidence until the defense has submitted all of their evidence/binders.  I realize that makes things go slower but that is the fairest.  Otherwise the members will have 2 weeks to read government materials and 1 hour to read defense materials.  Not a very fair BOI in my opinion.  Thanks.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

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-----Original Message-----
From: Miner Maj Brett C 
Sent: Thursday, March 24, 2011 12:54
To: Foster Col Timothy S; Close Col Bradley; Minick Col James J
Cc: Redman Maj Hugh J; Haytham Faraj; Hur Capt Christian P; Tutaj SSgt Marcin J
Subject: SCARSELLI BOI
Importance: High

Gentlemen,

Attached are LtGen Flynn's order directing a BOI and BGen Clardy III's order appointing you as members, with Col Foster as the senior member.  Maj Hugh Redman has also been appointed as the legal advisor.  I will represent the government as the recorder.

I have also attached the hearing guide.  Pretty short, but you can generally familiarize yourself with the mechanics of the board.

By now you should have all received a three ring binder containing one of the government exhibits in the case.  This is ONLY the information that BGen Clardy III received as it related to Maj Scarselli's NJP, and that subsequently was forwarded to LtGen Flynn for the 'show cause' decision.   The idea behind the pre-read, based on the quantity of information, is to streamline the BOI, so we don't have to break for an entire day to digest that information.  I expect additional evidence from the defense and potentially from the government in this case.  That being said, I would expect you to wait until ALL evidence from both sides has been submitted to begin formulating any decisions in this case.

It is my understanding that Mr. Brad Beaudine (TECOM) has cross org'd you for DTS purposes and all the orders have been approved.  We also have rooms reserved at the Q.

POC on the ground here is our legal chief, SSgt Marcin Tutaj (office) 760-830-5249, or (cell) 630-649-0431.

Break...Col Foster, Sir, unless otherwise directed, I will plan on the following coordinating instructions for the hearing.

DATE:  	31 Mar 11 - 1 Apr 11
TIME:  	0800
LOCATION:   Joint Law Center (Bldg 1515)
UNIFORM:    Utilities

Please feel free to call me as well with any questions or concerns.

ERRR
Maj Miner

Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077 
Cell: 949-300-4884
Fax:  760-830-3930

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