Mr. Faraj, Ms. Montgomery informed GySgt Leggett earlier this morning that she had some unexpected conflicts come up that will make her unavailable today. I'm also concerned that we would be doing a VTC at a pretty late hour there if we're not even going on the record until 1300, with a brief portion of the government's case left. She will be available at 0800 PT/ 1100 ET tomorrow, however, and GySgt Leggett has made VTC arrangements for that time. Sorry about the delay. Do you want to have your other character witnesses available this afternoon? V/R, Capt Day -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, March 07, 2011 8:31 To: Day Capt Evan S; Hur Capt Christian P; christian.hur@gmail.com Cc: Sullivan LtCol Sean Subject: RE: Wacker witnesses for Tuesday Capt Day, Let's plan to call Ms. Montgomery immediately after lunch. That way the members will not be delayed. We'll let you know what time we will be calling the remaining witnesses for Wednesday tomorrow as I am not sure how long tomorrow's witnesses will take. -----Original Message----- From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] Sent: Monday, March 07, 2011 11:23 AM To: Hur Capt Christian P; christian.hur@gmail.com Cc: haytham@puckettfaraj.com; Sullivan LtCol Sean Subject: RE: Wacker witnesses for tuesday Capt Hur, Here is the status on those witnesses: - Mr. O'Brien and Mr. Merithew will be there. - Per agreement between myself and Mr. Faraj last week, we will arrange a VTC for Ms. Montgomery from Quantico. Please let me know what time on Tuesday you want to call her. - Regarding Capt Grey, since the procedure for obtaining production of a military witness under RCM 703 is coordination with the witness' chain of command, I will assume that Capt Grey's immediate supervisor at the Defense Section, MCRD San Diego will ensure his presence. - Mr. Christianson, Mr. White, Capt Patacsil, and LtCol McCarthy will be present on Wednesday. - Maj Lee, Maj Serano, and LtCol Shaw have neither been granted by the government nor ordered by the court, so you are responsible for their production if you decide to call them. However, as a professional courtesy, we will look into VTC options for LtCol Shaw. Please indicate what time on Wednesday you would like to schedule his VTC. Very Respectfully, Captain Evan S. Day Judge Advocate Joint Law Center 3D MAW/MCAS Miramar P.O. Box 452013 San Diego, CA 92145-2013 Comm: (858) 577-1862 DSN: 267-1862 evan.s.day@usmc.mil Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: esday516@gmail.com [mailto:esday516@gmail.com] On Behalf Of Evan Day Sent: Monday, March 07, 2011 8:10 To: Day Capt Evan S Subject: Fwd: Wacker witnesses for tuesday ---------- Forwarded message ---------- From: Hur Capt Christian P <christian.hur@usmc.mil> Date: Fri, Mar 4, 2011 at 5:39 PM Subject: RE: Wacker witnesses for tuesday To: Christian Hur <christian.hur@gmail.com>, Evan Day <eday@post.harvard.edu>, Sullivan LtCol Sean <sean.sullivan@usmc.mil>, Haytham Faraj <haytham@puckettfaraj.com> Gentlemen, I apologize for the last email being cut off. We want the following witnesses present for Tuesday: Ms. Montgomery Bobby Obrien Forrest Merrithew Capt Grey After that, the line up for the rest of the week will be... Cory Christianson Henry De Vere White Capt Patacsil Maj Lee Maj Serano LtCol Shaw (MCB Hawaii, VTC acceptable but Capt Wacker prefers him here) LtCol McCarthy 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: Christian Hur [mailto:christian.hur@gmail.com] Sent: Friday, March 04, 2011 17:11 To: Evan Day; Sullivan LtCol Sean; Haytham Faraj; Hur Capt Christian P Subject: Wacker witnesses for tuesday Gentlemen, For tuesday we want ms. Montgomery, Capt grey, bobby Obrien, and forrest merr
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