Captain Hur, as the senior govt trial counsel your request for production of Major Shibata, without some form of supporting documentation (affidavit/statement) will be denied as to relevancy. Have you files a specific request for production her setting forth a detailed synopsis of her expected testimony demonstrating relevance/materiality? LTCOL Sean M. Sullivan, USMCR Staff Judge Advocate, MCRD 3700 Chosin Ave, Building 12 San Diego Ca 92140 (O) 619 524 4104 DSN 524 4104 (BB) 619 302 2145 -----Original Message----- From: Day Capt Evan S Sent: Friday, January 14, 2011 12:07 To: Hur Capt Christian P Cc: Hatch MAJ Douglas C; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean Subject: RE: Wacker: McShan contact info and discovery information Capt Hur, The contact info you gave for Ms. McShan is the same as what we have; we are just not getting any responses. With regard to UCI witnesses, if there was a point in the motions session where the MJ ordered the government in advance to produce all the witnesses the defense might ask for in the future, beyond those that were specifically discussed by name on the record, I missed it. You are certainly welcome to come over here and review the audio if you want to direct my attention to it. Until then, we are still considering every witness request individually under RCM 703 and you can take any disagreements you have with our decisions to the MJ. The government's response regarding Mr. Phillipowsky and Maj Shibata is unchanged. 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: Friday, January 14, 2011 11:33 To: Day Capt Evan S Cc: Hatch MAJ Douglas C; haytham@puckettfaraj.com Subject: Wacker: McShan contact info and discovery information Capt Day, You said you needed better contact info for Jodi McShan. This is what we have, please use it to contact her: Jodi McShan 214-797-8883 jodimcshan@gmail.com jodi@mcshan.com Regarding UCI witnesses, the judge asked the defense to tell the government what witnesses it wanted for the UCI hearing and the government would produce all of them. We listed the witnesses we needed in our UCI motion that support the motion's fact section. We also included affidavits and other evidence. Mr. Phillipowsky is relevant at the UCI motion because he has made allegations and alleged that he possesses documents that indicate that Col Smith told a woman that was not raped to claim she was raped in order to avoid prosecution herself. If true, these facts are substantially similar to the allegations in Capt Wacker's case and other cases. Maj Shibata (as MCRD's deputy G-1) is relevant concerning her knowledge of what transpired in Capt Wacker's and related cases while he was stationed at MCRD San Diego and his transfer to MCAS Miramar. 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.
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