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It is a FOIA request. I responded before I saw your earlier email...
Lisa N. Wolford
CSSS.NET
402-393-8059w
402-393-1825f
SDVOB, 8(a)/SDB & WOB - TS clearances From: Kevin Duff [mailto:kduff@rddlaw.net] Sent: Tue 01/18/2011 1:28 PM To: Wolford Lisa; 'Haytham Faraj'; slater@billslater.com Cc: 'John E. Murray'; 'Kathleen M. Pritchard' Subject: RE: Cynowa v. CSSS, et al. -- draft summary judgment brief & Slater affidavit Is that a FOIA request or is such a request made in another way?
From: Wolford Lisa [mailto:lisa@csss.net]
You can request his records from National Personnel Records in St. Louis MO. He must have a DD214 or he is lying and didn't serve....
Lisa N. Wolford CSSS.NET 402-393-8059w 402-393-1825f SDVOB, 8(a)/SDB & WOB - TS clearances
From: Kevin Duff [mailto:kduff@rddlaw.net] We requested that he produce his military records. He said he does not have any.
From: Wolford Lisa [mailto:lisa@csss.net]
Kevin - Didn't we get a copy of Cyanowa's DD214?
Lisa N. Wolford CSSS.NET 402-393-8059w 402-393-1825f SDVOB, 8(a)/SDB & WOB - TS clearances
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Kevin, This is very well written. It’s comprehensive in its coverage of the issues. Well done! I only have a couple of comments. at page 12 2nd Paragraph under E, you say “it is beyond cavil.” Not sure what cavil means. Also, is it possible to get an affidavit from Noel Flanagan regarding the statement to Bill Slater.
The reason I wanted to take a look at Cynowa’s military record and DD-214 is because of statements he made in his deposition that raised serious doubts in my mind about his service. 1) The term MOS is burned into the memory of service members. It stands for military occupational specialty. He said it stands for “method of service” Depo. P. 37, line 20. The reason people know and remember that term is because you spend the first few weeks and sometimes months of your military life competing to get the MOS you desire. And you spend the rest of your military career working to remain competitive and relevant in your MOS. There is no way someone would forget what that stands for. Also the entire exchange at the truck with officer Androwski is odd. Most Marines who come across another Marine would engage in conversation about a) the MOS they had; b) the units they served in; c) the locations and dates they served. Of course he did not serve in the Marine Corps –he served in the Army- yet he has a Marine Corps sticker on his truck. 2) He says he may have fired an AK-47 in boot camp. Boot camp is not a memory that is easily forgotten even with the passage of time. Neither the Army nor the Marine Corps fire soviet (in 1985) weapons in their basic training. I went to boot camp in 1986. I, as well as my friends from boot camp, have specific memories and details from boot camp. I remember the day when I first fired a weapon and my time on the rifle ranges. Mr. Cynowa says he did not compete Marine Corps boot camp. I have some doubts about whether Mr. Cynowa completed any full term of service in the military at all.
From: Kevin Duff [mailto:kduff@rddlaw.net]
Lisa, Bill, and Haytham,
Attached are: (i) the summary judgment brief along with (ii) an affidavit for Bill Slater. Please let me know any comments you have as soon as possible. Ideally, I would like to file the motion tomorrow.
Please note that we are subject to a 15-page limit on the brief.
Kevin
Kevin B. Duff Rachlis Durham Duff & Adler, LLC 542 South Dearborn Street, Suite 900 Chicago, Illinois 60605 phone: 312-733-3390 fax: 312-733-3952 mobile: 312-218-8620
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