| H and M, Spoke with the judge last night. Both govt and defense have asked to continue the case until 12 April. He should have granted the request on the spot, but he's up at Iwakuni and said he wanted to look at the CAAF order and read the Hutchins opinion which came out the same day (11 Jan). I expect that by this evening or first thing in the morning he will have granted the continuance. As a backup, Dwight Sullivan is prepared to petition CAAF for a stay of the proceedings, which he says they'll surely grant when are informed that BOTH the govt and defense want it. So the answer is, technically, since the judge hasn't yet ruled, everyone would still say it's still on for 24 Jan. It will be continued, most likely by Judge Jones, and most likely tomorrow. And if he fails, CAAF will stay the trial until they finish their review and issue an opinion. BTW, we believe the Hutchins opinion is good for us. Ironically, or predictably, Maj Gannon believes it's good for them. In Hutchins, CAAF said that there was no justification in the record for Capt Bass to be released from the case. They faulted Judge Meeks, the defense team and Capt Bass himself. But they said there was no prejudice and they reversed the NMCCA ruling, sending it back to them to address all the other appellate issues they did not address in their opinion. We believe Judge Jones and NMCCA mis-characterized the severance of LtCol Vokey from the case as occurring in Sept, vice when he left active duty into retirement. He didn't even address it. We're going to refocus the case on that event and argue that it, too, was not justified and ask for the court to remedy that in whatever way is appropriate. Just keeping you up to speed. S/f, Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |