I have no problem with the additional question (except for the words "or others" as overbroad), but as I stated below, what we agreed to was questions relating to contact with Col Smith. The majority of the questions on this list are well outside the scope of that agreement, and we did not agree to a general written deposition, nor did the judge order one. We will submit the questions pertaining to contact with Col Smith. 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: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, February 15, 2011 13:34 To: Hur Capt Christian P; Day Capt Evan S Cc: Sullivan LtCol Sean Subject: RE: US v Wacker- written questions I recommend one additional question to these. What were the means of communications used to communicate with Smith or others regarding this case. -----Original Message----- From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] Sent: Tuesday, February 15, 2011 2:21 PM To: Day Capt Evan S; haytham@puckettfaraj.com Cc: Sullivan LtCol Sean Subject: RE: US v Wacker- written questions Gentlemen, The written questions are attached. 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: Day Capt Evan S Sent: Monday, February 14, 2011 18:07 To: Hur Capt Christian P; 'haytham@puckettfaraj.com' Cc: Sullivan LtCol Sean Subject: US v Wacker- written questions Gentlemen, As we discussed during the RCM 802 conference today, the government is willing to submit written questions regarding contact between either alleged victim (Ms. Brooder or Ms. Cook) and Col Smith to Ms. Brooder and Ms. Cook. Please provide your written questions at your convenience and we will forward those questions to the witnesses. Also, to clarify my earlier statement during the 802, there is one email exchange in the discovery provided to the defense in which Col Smith and Ms. Brooder did communicate regarding Ms. Brooder's ongoing visiting student status at Loyola University. 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.
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