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RE: US v Wacker- written questions
Capt Day,
The reason the judge told us to submit the written questions instead of the interview was because we don't have direct contact with the women. If we need a 39a to vet the questions, then maybe that's what we need, but the questions seem reasonable in light of the fact that we won't be interviewing them in advance of trial or the motion's hearing.
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: Tuesday, February 15, 2011 13:40
To: 'Haytham Faraj'; Hur Capt Christian P
Cc: Sullivan LtCol Sean
Subject: RE: US v Wacker- written questions
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.