Haytham,
I agree with Col B on the Col Smith issue. I think the members may look at it as Capt W is trying to say, "if she can get away with it, so should I." And I don't think most Marines (especially if they are parents or ever heard the adage "two "wrongs" don't make a "right.") will go there with you. I think you all have a great case to ask for clemency and get a very good sentence.
Have fun with the press afterwards!
R/
pt
-----Original Message-----
From: Baker Col John
Sent: Friday, March 11, 2011 7:35
To: Haytham; Hur Capt Christian P
Cc: Tafoya LtCol Patricio A
Subject: RE: US v. Wacker
I wouldn't use Capt Wacker to get at Col Smith. You gotta tie whatever he says to your sentencing theory -- I'd be worried about getting too in the weeds, instead giving the members wave tops as they impacted Capt Wacker to demonstrate that he's already been punished and has more than paid the price for his lie and that only just thing to do is for the panel to recommend that the CA set aside the conviction -- not sure how what has or has not happened to Col Smith helps you get there and may detract from your message.
-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com]
Sent: Friday, March 11, 2011 10:28
To: Hur Capt Christian P
Cc: Baker Col John; Tafoya LtCol Patricio A
Subject: Re: US v. Wacker
I'm considering going through the entire history of the case in his unsworn including the under oath perjury of Smith. What do you all think? How ironic that an unsworn statement at a non Marine Corps unofficial hearing resulted in a GCM conviction and the lying Colonel suffers no recourse. What justice is this. I can't wait to get in front of the media today.
Haytham Faraj
Sent from my iPhone
On Mar 11, 2011, at 7:19 AM, "Hur Capt Christian P" <christian.hur@usmc.mil> wrote:
> No, I hadn't considered that. That's a very good idea Sir.
>
> 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
>
> This email may contain Attorney Work Product. Please delete if you received
> this message in error.
>
>
> -----Original Message-----
> From: Baker Col John
> Sent: Friday, March 11, 2011 7:18
> To: Hur Capt Christian P; Tafoya LtCol Patricio A
> Subject: RE: US v. Wacker
>
> Have you considered having him ask the members in his unsworn statement (or you guys in your argument) to make a clemency recommendation on the record that the members findings be disapproved so that Wacker does not have a GCM conviction for the rest of his life?
>
> Good luck!
>
> -----Original Message-----
> From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
> Sent: Friday, March 11, 2011 10:04
> To: Baker Col John; Tafoya LtCol Patricio A
> Subject: RE: US v. Wacker
>
> That's basically the plan Sir. I want Doug to admit responsibility in such a way that explains how he minimized what happened the next day when he told the girls the after action ("nothing happened") and that he just wanted to be consistent when he later went before the board. I think it's doable given the members found everything was consensual. Doug just couldn't get away from the tampon shoved up the woman's vagina and the fact that there was a perfect bulls eye semen pattern consistent with drainage in the crotch of her shorts.
>
>
>
> 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
>
> This email may contain Attorney Work Product. Please delete if you received
> this message in error.
>
>
> -----Original Message-----
> From: Baker Col John
> Sent: Thursday, March 10, 2011 18:02
> To: Hur Capt Christian P; Tafoya LtCol Patricio A
> Subject: Re: US v. Wacker
>
> Chris -- Great work -- assume you'll be asking for no punishment. I heard Haytham's argument was fantastic.
> Semper Fi,
>
> Colonel John G. Baker
> Chief Defense Counsel
> of the Marine Corps
>
> ----- Original Message -----
> From: Hur Capt Christian P <christian.hur@usmc.mil>
> To: Tafoya LtCol Patricio A; Baker Col John
> Sent: Thu Mar 10 20:53:05 2011
> Subject: US v. Wacker
>
> Gentlemen,
>
> I know you were tracking this one, so I wanted to inform you that Capt Wacker was found not guilty of all specifications (ie rape and sexual assault of Jessica Brooder and Elizabeth Easely), except guilty to Article 133 for lying to the USD hearing board that he did not have sex with Jessica Brooder.
>
> Sentencing is tomorrow. Thank you.
>
> 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
>
> This email may contain Attorney Work Product. Please delete if you received
> this message in error.
>
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