Mr. Faraj, LtCol Sullivan and I discussed this issue today, and the government will oppose the motion for a continuance. 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: Sunday, January 30, 2011 5:50 To: Day Capt Evan S; Hur Capt Christian P Subject: RE: ICO Wacker Capt Day, I intend to file a motion to continue the trial date about a month. The reasons I will provide to the court are the following: 1. We still do not have our DNA expert and are unsure how long it will take us to get one and have him complete his/her work. 2. The UCI motion before the court is based on facts that will result in a finding of UCI by the court. If the court finds that the UCI has been ameliorated we, the defense, will need some time to reconsider our defense strategy with respect to witnesses that have been impacted by the UCI. If the court finds that the UCI has not been ameliorated and doesn't dismiss the case, you will have to take certain steps to ameliorate the UCI consistent with U.S. v. Douglas. That will mean we won't be able to start on time but you will have brought in numerous witnesses in preparation for trial. It makes no sense to bring in witnesses -for both sides- and have the possibility of not beginning the trial on time because we need to deal with UCI issues. Please let me know whether you can join this motion. I'm going to request the trial be continued to March 24. That would give a total of 7 full days in the next week which I think should be sufficient. Please advise 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: Sunday, January 30, 2011 12:09 AM To: Hur Capt Christian P; haytham@puckettfaraj.com Subject: ICO Wacker Gentlemen, Out of an abundance of caution, the government provides notice of intent to introduce evidence of a conversation on 30 October 2008 in which the accused told Joseph Gorman that there was "no sexual intercourse between me and Jess" or words to that effect. Although the government does not concede that this conversation falls in any way within MRE 404(b), the government provides notice under that rule in order to satisfy any notice requirement that would be applicable if the court were to find that the conversation fell within that rule. 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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