Sir, Good afternoon. For the Wacker trial we would prefer that you be there for the testimony of Ms. Brooder (the prosecution witness) if at all possible. I don't know when that would be Sir. I understand that you have a break for a full three-day period beginning 1 March. Thank you. 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: Wednesday, January 19, 2011 12:01 To: Hur Capt Christian P Subject: RE: Expert request/CAPT Leininger Roger. Since he's an O-6, I would assume that is something that you can work out with him directly at this point. S/F, Evan -----Original Message----- From: Hur Capt Christian P Sent: Wednesday, January 19, 2011 11:58 To: Day Capt Evan S; 'haytham@puckettfaraj.com' Cc: Hatch MAJ Douglas C Subject: RE: Expert request/CAPT Leininger We want him for the 3 day period if being there for Brooder is impossible. Thanks. 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: Wednesday, January 19, 2011 10:53 To: Hur Capt Christian P; 'haytham@puckettfaraj.com' Cc: Hatch MAJ Douglas C Subject: RE: Expert request/CAPT Leininger Capt Hur, I am getting clarification from NMCSD regarding whether he can be made available for the full three-day period, or just to testify one day within that window. If it is the latter, please let me know what day you prefer. Since 1 March is the fourth day of trial under the current schedule, and he is unavailable 24-28 February, it's very likely that he will not be available for Ms. Brooder's testimony. However, I have no objection to allowing him to review a recording of her testimony. Our court reporters have a back-up system which records in a standard format that does not require FTR gold to review, and we have used that system as a work-around in the past where an expert is not available on the day that a witness will be testifying. 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: Hur Capt Christian P Sent: Tuesday, January 18, 2011 17:04 To: Day Capt Evan S; 'haytham@puckettfaraj.com' Subject: RE: Expert request/CAPT Leininger Let's do 1 to 3 March because we will want him to hear Jessica Brooder's testimony too. Thanks. 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: Tuesday, January 18, 2011 14:44 To: Hur Capt Christian P; 'haytham@puckettfaraj.com' Subject: FW: Expert request/CAPT Leininger Gentlemen, Please see below from NMCSD DSJA and let me know what day you want CAPT Leininger available to testify. V/R, Capt Day 858-577-1862 -----Original Message----- From: Dombroski, Beth M. LT [mailto:Beth.Dombroski@med.navy.mil] Sent: Tuesday, January 18, 2011 2:14 PM To: Hatch MAJ Douglas C Subject: RE: Expert request/CAPT Leininger Maj Hatch Capt. Leininger has informed me that the only days he can be available right now are 1-3 Mar. He is asking me when he will know what date he will be needed because he needs to give his colleagues more than a last minute heads up since they will have to provide coverage. Thank you Very Respectfully Beth Dombroski LT, JAGC, USN Deputy Staff Judge Advocate Naval Medical Center, San Diego and Navy Medicine West (619) 532-9607; DSN 522-9607 fax (619) 532-6494 This document may contain information covered under Privacy Act, 5USC552 (a), and/or the Health Insurance Portability and Accountability Act (PL 104-191)and its various implementing regulations and must be protected in accordance with those provisions. Healthcare information is personal and sensitive and must be treated accordingly. If this correspondence contains healthcare information, it is being provided to you after appropriate authorization from the patient or under circumstances that don't require patient authorization. You, the recipient, are obligated to maintain it in a safe, secure and confidential manner. 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