Capt Hur, The SJA confirmed today that expert funding requests will not be reviewed by the CA without being made in writing in naval letter format and in substantial compliance with the relevant RCM provisions on expert witness requests. 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: Day Capt Evan S Sent: Tuesday, February 08, 2011 15:23 To: Hur Capt Christian P Cc: 'Haytham Faraj'; Sullivan LtCol Sean Subject: RE: Expert witness requests Wacker Capt Hur, Finding out what she is going to say is between you and your expert. I am not going to favorably endorse a request for $10K+ of taxpayer money without justification, nor would it be likely to be approved in its current form regardless of my endorsement. I'll forward this to the appropriate authority, but I'll give you fair warning of the likely outcome. 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: Hur Capt Christian P Sent: Tuesday, February 08, 2011 13:07 To: Day Capt Evan S Cc: Haytham Faraj; Sullivan LtCol Sean Subject: RE: Expert witness requests Wacker Capt Day, I appreciate the heads up. The bottom line is that Dr. Rudin has not even begun analysis of the DNA evidence despite me sending her the material. I can't in good faith name her as a definite trial witness without first knowing what she would say or whether she would say it. That said, if you are inviting the defense to ask for funding for her to be a trial witness with the understanding that she may end up not testifying, then that is what I am requesting in this email on behalf of Capt Wacker. We would ask for funding from her present address for her to attend the trial of Capt Wacker between 1 to 5 March. 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. -----Original Message----- From: Day Capt Evan S Sent: Tuesday, February 08, 2011 13:01 To: Hur Capt Christian P Subject: Expert witness requests Capt Hur, Just to give you fair warning, if you still want to ask for additional funding for Dr. Rudin, and I don't have from you very soon, it's probably not going to get looked on very favorably due to timeliness. The steps necessary to grant funding for a witness do not happen instantaneously, and you have had ample time to submit an additional request. 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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