Good Afternoon Sir, An issue has come up this week regarding a prospective defense expert witness in the subject case, which I believe should be addressed at an RCM 802 conference in the next couple of days. Specifically, the government will request that the court order the defense to provide the government with access for a pre-trial interview to any prospective expert witnesses whom the defense intends to call at trial. After I did not receive a witness list from the defense on the court-ordered deadline last Friday, I contacted the defense via email regarding the status of potential defense expert witnesses and whether they could be contacted by the government for pre-trial interviews. The defense indicated that CAPT Leininger, the defense OB-GYN expert, would likely be testifying, but that he would "remain in a consultancy role" and be unavailable for an interview until the defense made a decision during trial to call him as a witness. Although we can file an additional motion if necessary, the government's position is that the MCM and relevant case law do not allow the defense to hide a prospective expert witness by keeping him designated as a confidential consultant until the middle of trial. Accordingly, the government would like to address this issue ASAP. 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.
Attachment:
smime.p7s
Description: S/MIME cryptographic signature