FW: US v Wacker pleas/forum

["Day Capt Evan S" <evan.s.day@usmc.mil>]

Good Morning Sir,

The defense has raised an issue which I would like to bring to the court's attention. The defense's notice of pleas, forum, and defenses (attached) indicated that possibility that the defense would be raising the defense of lack of mental responsibility. No RCM 706 evaluation has been requested by any party in this case, and the government is not aware of any evidence to suggest that there are RCM 706 or 916(k) issues raised by this case. I am bringing this issue to your attention solely out of an abundance of caution in order to ensure that the issue is properly addressed before trial, if necessary.

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
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-----Original Message-----
From: Hur Capt Christian P 
Sent: Monday, January 24, 2011 7:48
To: Day Capt Evan S; 'haytham@puckettfaraj.com'
Subject: RE: US v Wacker pleas/forum

As requested.

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, January 21, 2011 16:14
To: Hur Capt Christian P; 'haytham@puckettfaraj.com'
Subject: US v Wacker pleas/forum

Gentlemen,

As a reminder, notice of intended pleas and forum is due today. 3D MAW OSJA wants to have notice of intended forum in writing before the CA selects members.

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.