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RE: Bell case
Neal,
Copy all. I can see what I can do about having him brought over to Meridith's office for evaluation over the weekend--is that what you envisioned? Foreseeing likely push back, we will also have to look at options for doing this during the work week.
I'll get the endorsement worked up today and try to push it through to the CO as quickly as possible.
Please send the continuance along as quickly as possible--I'll concur, but please reference the fact that the continuance is based upon the issues regarding expert assistance.
Doug
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Thursday, January 27, 2011 10:48 AM
To: Hatch MAJ Douglas C
Cc: Marshall Maj Meridith L; Faraj Haytham
Subject: Re: Bell case
Doug,
Ditto. He can come out next weekend and do a full work up (provided he can have clinical access to Bell (vice at the brig) through the weekend.
We can be ready pretty quickly for a hearing after that. He has a few hard scheduling items that it won't be too hard to work around. Meantime, I believe a PTA will be coming your way soon.
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
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On Jan 27, 2011, at 1:45 PM, Marshall Maj Meridith L wrote:
Doug,
Neal and I have been in contact and I think we can make it work with his schedule.
R/
Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720
meridith.marshall@usmc.mil
-----Original Message-----
From: Hatch MAJ Douglas C
Sent: Thursday, January 27, 2011 10:35 AM
To: Marshall Maj Meridith L
Cc: 'Puckett Neal'
Subject: RE: Bell case
I haven't heard back from Dr. Huff as to his availability (I cc-ed you). Have you tried to contact him yet? I want to know what his availability is before I endorse the expert request.
-----Original Message-----
From: Marshall Maj Meridith L
Sent: Thursday, January 27, 2011 9:57 AM
To: Hatch MAJ Douglas C
Cc: Puckett Neal
Subject: RE: Bell case
Doug,
There will be a continuance based on our request for Dr. Huff.
Where in the pipeline is the request for Dr. Huff?
R/
Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720
meridith.marshall@usmc.mil
-----Original Message-----
From: Hatch MAJ Douglas C
Sent: Wednesday, January 26, 2011 3:16 PM
To: Marshall Maj Meridith L
Subject: RE: Bell case
Meridith--did you hear back from Neal? What are you planning on doing about a continuance?
-----Original Message-----
From: Hatch MAJ Douglas C
Sent: Monday, January 24, 2011 8:55 AM
To: 'Puckett Neal'; Marshall Maj Meridith L
Subject: Bell case
Importance: High
Meridith, Neal,
Please advise on the latest on this case. We have witnesses who are re-arranging their schedules based on trial dates of 14-18 February. I also need to start making travel arrangements for these witnesses by the end of the week for those trial dates. I imagine we will be able to work out a deal still. However, I hate the idea of telling folks (civilians) to re-arrange their schedule, then call off the trial at the last minute--whether it's because we deal or because we have to move the trial based on Neil's schedule.
Neal--as I understand it, GySgt Bell still has not retained you for the court-martial. Meridith can't put in a continuance request based on your availability until you've been retained. I have trial dates that I need to abide by.
I recommend that Meridith put in a continuance now, based on her availability. Because we are working on finding a mental health expert, I can support a continuance for that reason. Of course we can't base that continuance request on Neal's schedule since he's not on the case. If we end up going contested, we'll have to leave it up to the judiciary whether the case can be continued again based on Neal's schedule. If not, we should be able to find a day that works with Neal's schedule for the guilty plea and pre-sentencing hearing.
Please let me know what you think.
V/R
Major Doug Hatch, USMC
Military Justice Officer
3d Marine Aircraft Wing & MCAS Miramar
(858)577-6859