FW: Sealed Material in WUTERICH, # 11-8009/MC

["Sullivan, Dwight H CIV USAF AFLOA/JAJA" <Dwight.Sullivan@pentagon.af.mil>]

FYI.  I'll write up a motion seeking access to the sealed exhibit over the weekend.

Semper Fi,
DHS

-----Original Message-----
From: DeCicco, William, CIV, USCAAF [mailto:bill.decicco@armfor.uscourts.gov] 
Sent: Friday, January 14, 2011 2:15 PM
To: Keller, Brian K Mr. NAMARA, CODE 46; Sullivan, Dwight H CIV USAF AFLOA/JAJA
Subject: Sealed Material in WUTERICH, # 11-8009/MC

Mr. Keller and Mr. Sullivan,

The Court's most recent order in the subject case advised you to contact my office regarding access to the sealed material and transcripts of the Article 39(a) sessions.  Mr. Sullivan contacted me today on this matter.  The transcripts are available for your review.

Regarding the sealed material, there are two sealed items.  One is an envelope containing material that was sent by email from the military judge directly to the Clerk of the Court at the NMCCA.  The other is an envelope with an order signed by the military judge attached on the outside of the envelope.  The military judge's order is a "Seal by Court Order."  The order states:

"1. This un-numbered Appellate Exhibit is a Memorandum for the Record of an ex parte hearing conducted between the military judge and the defense counsel.  The exhibit will be numbered at the next session of the court.  It is sealed by Court Order.  This action is necessary to protect and safeguard the attorney-client privilege and work product of the defense counsel in the above-mentioned case.  This exhibit may be opened only by Appellate Courts in the proper exercise of their appellate responsibility.  


2. Specifically, this exhibit may NOT be opened by:

        a. Any party seeking to make copies of this record of trial;

        b. Any government agent seeking to assess this case for legal or procedural error;

        c. Any government agent assessing this case for clemency or aggravation purposes."

In its decision, the NMCCA stated that the sealed memorandum "shall remain sealed subject to further court order."  The sealed material remains under seal.  If a party files a motion requesting access to the sealed material, the Court will give such a motion appropriate consideration.

Sincerely,

/s/

William DeCicco

Clerk of the Court