Mr. Faraj, Thank you for your response. With regard to Dr. Leininger, however, please be aware that I may be addressing the issue of your current intention to preclude us from talking to him prior to trial (yet retain the option of calling him as a witness) with the military judge via an appropriate motion. You have had ample time to consult confidentially with Dr. Leininger. The discovery and motions provided by the defense have already indicated your intent to call him as a witness. His testimony is potentially complex and may require a lengthy pre-trial interview, which may potentially require some follow-up research regarding his expected testimony. Finally, the deadline for witness lists is an order of the court. Please let me know if your position regarding Dr. Leininger remains unchanged (or if my interpretation of your last email is incorrect), so I can decide whether to take appropriate action with the court. 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: Monday, February 07, 2011 12:59 To: Day Capt Evan S; Hur Capt Christian P Cc: Sullivan LtCol Sean Subject: RE: Defense discovery request regarding: US v Wacker- Govt witness list Capt Day, Dr. Jacobs is a testifying expert witness and you may contact him. Dr. Leininger remains in a consultancy role. You may assume that Dr.Leininger will testify. We will provide you an opportunity to question him when that decision is made. I do not expect to make that decision until the trial depending on the testimony. We will provide you a formal response to your reciprocal discovery request. At this time, however, please assume that you have all our evidence. We anticipate creating some videos and photos. Those will be provided once they are ready. I'd like to thank you for your timeliness in providing us your discovery. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC P.O. Box 1016 Dearborn Heights, MI 48127 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. -----Original Message----- From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] Sent: Monday, February 07, 2011 2:42 PM To: Hur Capt Christian P; haytham@puckettfaraj.com Cc: Sullivan LtCol Sean Subject: RE: Defense discovery request regarding: US v Wacker- Govt witness list Capt Hur, I note at the outset that the defense has not provided the defense witness list, which was due last Friday under the military judge's scheduling order. I expect that witness list to be forthcoming shortly. Additionally, with regard to your expert witnesses, because the witness list is already due, I will assume that CAPT Leininger and Dr. Jacobs have been designated as testifying witnesses for the defense (and may therefore be contacted by the government regarding their expected testimony), unless I hear from you by COB today that they will not be testifying. With regard to Dr. Rudin, since the CA's endorsement specified that an additional request should be submitted if funding is requested for her travel or testimony, please submit that request immediately if you intend to call her as a witness. Again, complying with RCM 703(c)(2)(B)(i) and 703(d) up front will make things go a lot faster. I also note that I have requested reciprocal discovery from the defense on at least two separate occasions, and I will again ask that you disclose any evidence described in those discovery requests immediately, and that the government's reciprocal discovery requests be treated as continuing in nature. With regard to the contact information for witnesses on the government's witness list, contact information for most of the witnesses on that list either (1) has already been provided to the defense in the course of normal government disclosure, or (2) is available to the defense through the NMCI Global Address Locator. The following additional contact information is provided: Rhett Buttle: 702-335-5835 Dianne Micklish: 619-303-2036 Detective Clifton Neely: Available through NOPD Sex Crimes unit at 504-658-5523 Prof. Tahmassebi and Asst. Dean Marino: all contact should be through USD General Counsel, Mrs. Kelly Capen Douglas, whose contact information has previously been provided to the defense. Finally, with regard to witnesses on the UCI and improper withdrawal motions, the following witnesses have either been granted by the government or ordered by the military judge: Col Smith Col Conlin LtCol Trapp LtCol Bond Maj Blalock Maj Bueno (VTC) Maj Budomo I note that the request for Capt Cote was withdrawn by the defense, and the remaining defense witness requests have been denied. The government may also call Maj Marisa Serano regarding the UCI motion, as discussed at the last Article 39(a) session. 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: Monday, February 07, 2011 10:40 To: Day Capt Evan S; 'haytham@puckettfaraj.com' Cc: Sullivan LtCol Sean Subject: Defense discovery request regarding: US v Wacker- Govt witness list Capt Day, Would you please give us the contact information, specifically working telephone numbers, for all Government witnesses. We will need to call them in advance of trial. Thank you. Also, whom is the Government producing at present (of the defense requested witnesses that were requested within the motion pleadings themselves) for the upcoming Article 39a hearing? Thanks. 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: Friday, February 04, 2011 16:16 To: Hur Capt Christian P; 'haytham@puckettfaraj.com' Cc: Sullivan LtCol Sean Subject: US v Wacker- Govt witness list Gentlemen, Witness lists are due to opposing counsel today, per the MJ ordered trial schedule. Please find attached the government witness list. With regard to expert witnesses: - I will assume that you are designating Dr. Jacobs as a witness (and therefore no longer a confidential consultant) after today unless I hear otherwise. Our clerks have already begun coordinating his travel arrangements. - Since Dr. Rudin is only (so far) approved for consulting, I will need a follow-up request if you want to designate her as a witness and have the CA approve funding for her travel and testimony. If you do send in a request, it will go a lot faster if the request includes everything required by RCM 703(c)(2)(B)(i) and 703(d) up front (i.e. proffer of expected testimony). Once I get a compliant request, I will do everything I can to move it through quickly. 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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