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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

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-----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
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-----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  

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