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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