Sir, Per the below traffic, I'm being order by LtCol Sullivan in his capacity as SJA to not conduct the scheduled site visit in US v. Wacker until after the Hargraves adboard is completed. The adboard was rescheduled when my client SSgt Hargraves missed his flight because the command did not fund his ticket. There is a rush to do this adboard because the client's extended EAS is on 11 Feb 2011. I spoke with Col Baker and he said that LtCol Sullivan could order me to not do the site visit, but then he suggested that would make the issue ripe for an additional UCI motion in Wacker. At present, the adboard may go this evening at 2200 making the Wacker site visit issue moot, but I wanted to let you know how things are developing. LtCol Sullivan also gave me a thinly veiled threat that I could be investigated for not having my client Hargraves make his flight yesterday. 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: Hur Capt Christian P Sent: Tuesday, February 08, 2011 8:14 To: Tafoya LtCol Patricio A; Baker LtCol John Cc: Grey Capt Nicholas R Subject: Hargraves adboard Gentlemen, Good morning. Capt Grey and I are co detailed to an admin board for a SSgt Hargraves whose EAS is 11 February 2010. Hargraves's board was scheduled to go 8 February 2011 without his civilian attorney present. There has been a host of errors in this case including an illegal search that resulted in a court martial withdrawal and dismissal and extending Hargraves's EAS of 11 October 10. In US v. Wacker I was scheduled to conduct a court approved and funded site visit from 9 to 11 February 2011 with Capt Grey as a witness and the client there too. Yesterday afternoon Capt Grey and I were alerted by SSgt Hargraves that his command did not fund his ticket and that he would be unable to attend his board. I told him to get proof that his ticket was not paid for. I then sent an email at 1252 alerting Hargrvaves's civilian lawyer of this as well as the senior member and the recorder. We believed we did not have to tell anyone about Hargraves's travel issues, but we wanted to disclose it so Hargraves didn't get in trouble. Hargraves was never contacted by his command yesterday. I sent another email at 1553 PST to the recorder and senior member again alerting them that Hargraves was not able to make the flight and is awaiting further instructions from his command. Around 1830 I had a conversation with Hargraves where he told me that his command never contacted him. Capt Grey and I then discussed how to proceed and I decided to call LtCol Sullivan and let him know that Hargraves wasn't given funded travel orders. LtCol Sullivan is the lead trial counsel in US v. Wacker as well as the SJA at MCRD. He was pretty upset with me for not letting him know earlier. I don't believe we were required to disclose the government's error in the first place and we may have done so to the detriment of Hargraves at the board versus the issue of him being potentially UA. This morning, thanks to us alerting the Government of their error, Hargraves was given travel orders to fly out to MCRD and will be here today apparently in the afternoon. I just now got a call from Maj Houtz telling me that LtCol Sullivan had contacted Col Baker and Col Baker was ordering me and Grey to cancel our site visit in Wacker. The client in Wacker already made travel arrangements for this trip and trial in Wacker is scheduled for 24 Feb until 5 March. If the site visit in Wacker is canceled, I believe that we will collectively be unable to reschedule before Wacker starts and have time to prepare for Wacker. 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.
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