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RE: US v. Wacker



Need to be clear that you aren't asking the members to reconsider their findings, but instead making this as a clemency recommendation -- will give the CA cover later if he wants to do this.

-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] 
Sent: Friday, March 11, 2011 10:19
To: Baker Col John; Tafoya LtCol Patricio A
Cc: 'Haytham Faraj'
Subject: RE: US v. Wacker

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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