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RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
This is a multi-part message in MIME format.
Gentlemen,
I can have a conference call set up for either 1500 or 1600, but it looks like we don't have agreement on a time yet. Absent any other input, I will set up a call for 1500, using the same dial-in instructions as last time:
Primary Dial-in 1(888) 363-4735
Alternate Dial-in 1(858)446-3657
Access Code: 8599135#
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".
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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Friday, February 11, 2011 5:40
To: Day Capt Evan S; Jones LtCol David M; 'Christian Hur'
Cc: Sullivan LtCol Sean; Hur Capt Christian P
Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
Capt Day,
Can we do the conference call at 1500 your time? If the Judge is also
available? Capt Hur is not available this evening because he is conducting
the site visit and will be on a place back this afternoon and evening.
I have read the affidavit from Col Richardson. Based on his statements
within the Affidavit, the defense is renewing its request for production of
all emails related to Col Smith and allegations of UCI between and among Col
Richardson, the CG, trial counsel, Col Smith, LtCol Bond, and SJAs at the
Wing.
Vr,
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil]
Sent: Friday, February 11, 2011 2:22 AM
To: Jones LtCol David M; Christian Hur
Cc: Haytham Faraj; Sullivan LtCol Sean; Hur Capt Christian P
Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
Good Evening Sir,
I think most of our response to the latest defense motion would already be
pretty well encapsulated by the prior discussion about this issue at the
last Article 39(a). However, the government can have a response to this
specific on 17 February.
With regard to the conference call, I propose 1600 San Diego time (0900 on
Okinawa, if I am doing my math correctly) tomorrow for a conference call. If
that time works, I will follow up with call-in instructions.
Finally, please find attached two additional enclosures to the government's
response to the defense re-referral motion.
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: Jones LtCol David M
Sent: Thursday, February 10, 2011 21:42
To: Christian Hur
Cc: Haytham Faraj; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian
P
Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
Capt Hur,
In receipt. I will await the Government response.
Capt Day, when do you believe you can respond?
I realize we are beyond the motions filing date, but I am allowing this
motion based on the most recent CAAF decision. We will litigate this at the
session already scheduled on 22 - 23 Feb.
R,
LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035