Re: Continuance request

On Jan 11, 2011, at 2:22 PM, Haytham Faraj wrote:

They wanted the continuances. WTF?

From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Tuesday, January 11, 2011 2:22 PM
To: Sullivan Dwight; CODE Major NAMARA 45 Sripinyo Kirk
Cc: Faraj Haytham; Marshall Meridith
Subject: Fwd: Continuance request

Looks like Govt is going to oppose our continuance request. Should we have a stay request to CAAF prepared to file in case Jones denies our request?

Neal

Neal A. Puckett, Esq

LtCol, USMC (Ret)

Puckett & Faraj, PC

1800 Diagonal Rd, Suite 210

Alexandria, VA 22314

703.706.9566

www.puckettfaraj.com

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.

Begin forwarded message:

From: "Sullivan LtCol Sean" <sean.sullivan@usmc.mil>

Date: January 11, 2011 2:10:08 PM EST

To: "Puckett Neal" <neal@puckettfaraj.com>, "Jones LtCol David M" <david.m.jones5@usmc.mil>

Cc: "Dempsey Capt Suzanne M" <suzanne.dempsey@usmc.mil>, "Faraj Haytham" <haytham@puckettfaraj.com>, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil>, "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil>, "Brower Capt Matthew R" <matthew.r.brower@usmc.mil>, "Myers SSgt Kara C" <kara.myers@usmc.mil>, "Keane LtCol Stephen F" <stephen.keane@usmc.mil>, "Rubin LtCol Peter R" <peter.rubin@usmc.mil>, "Sullivan Dwight" <dwight.sullivan@pentagon.af.mil>, "Richardson COL Michael B" <michael.b.richardson@usmc.mil>, "CODE Sripinyo Kirk Major NAMARA 45" <kirk.sripinyo@navy.mil>

Subject: RE: Continuance request

Your honor,

The government respectfully requests until 1630, 13 January 2011 pacific time (PST) to file a formal written response to defense counsel's continuance request in this matter.

VRS

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: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Tuesday, January 11, 2011 10:59
To: Jones LtCol David M
Cc: Sullivan LtCol Sean; Dempsey Capt Suzanne M; Faraj Haytham; Marshall Maj Meridith L; Gannon Maj Nicholas L; Brower Capt Matthew R; Myers SSgt Kara C; Keane LtCol Stephen F; Rubin LtCol Peter R; Sullivan Dwight; Richardson COL Michael B; CODE Sripinyo Kirk Major NAMARA 45
Subject: Continuance request

Your honor,
Attached is the briefing order just issued by CAAF. You'll note the schedule extends out 35 days from today (11 Jan 2011). Col Sullivan, Maj Sripnyo, Mr. Faraj and I will now be turning to on the briefs ordered by CAAF. CAAF's intent to resolve this matter by way of the Extraordinary Writ process, and therefore pretrial, is clear. We have no way of knowing whether oral argument may be request or granted or how long CAAF will take to rule after the conclusion of those 35 days.
The defense therefore is compelled to request an indefinite continuance until this issue is finally resolved through the Extraordinary Writ process.

R/r,

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com

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.

On Jan 8, 2011, at 6:01 AM, Jones LtCol David M wrote:

All,

Here is the latest from NMCCA, to CAAF.

We will proceed to trial as scheduled: 24 January 2010 = 0830 with counsel; and 25 January = 0830 with members.

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035
From the U.S.: 81-611-745-7287 / 2156