Capt Day, We request the government please provide the total number of days in both instances of what they consider to be excludable delay. We are willing to begin the assessment with what the government proffers is their tally of days under Rule 707 in both instances, to avoid a protracted debate over what was excluded and what wasn't excluded. This case has been ongoing since April 2009, original preferral of charges, with issues affecting the Accused since the Military Protective Order was issued on 16 January 2009, by HQSVBN CO/XO LtCol Bond. 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. -----Original Message----- From: Day Capt Evan S Sent: Wednesday, January 05, 2011 17:21 To: Hur Capt Christian P Cc: 'haytham@puckettfaraj.com'; Hatch MAJ Douglas C Subject: RE: Outstanding Wacker Discovery issues Capt Hur, I should probably clarify a couple of these things: - With regard to the speedy trial clock, what I meant in my response is that you have everything you need to do the excludable delay calculation yourself (i.e., excludable delay requests and scheduling orders from the court). - Regarding the DNA expert, I need a new request from you which is compliant with RCM 703 (the first one was not, due mainly to the lack of a fee schedule and estimated cost of employment). I sent you an email previously with one suggestion and a list of other labs in California. The one private lab expert I contacted (Dr. Norah Rudin, in Mountain View, who was requested by Capt Dunn on the US v Collins case here last year) indicated that she was available for the trial dates as of the time I emailed her. As a caveat, Dr. Rudin is a suggestion only- the approval needs to come from the CA. If you send me a new request, I will forward to the CA immediately. Dr. Rudin indicated that the standard practice in most cases she dealt with was to get an initial approval for 10 hours of consultation, then submit follow-up requests for additional funding for further consultation, testing, and testimony, if necessary. - On the same note, I note that both USACIL reports indicated that samples remain available for testing, but it's your decision whether to request any additional testing. R/S, Capt Day -----Original Message----- From: Hur Capt Christian P Sent: Wednesday, January 05, 2011 14:48 To: Day Capt Evan S Cc: haytham@puckettfaraj.com; Hatch MAJ Douglas C Subject: Outstanding Wacker Discovery issues Capt Day, On 18 June 2010, we requested in discovery a list of the days the government calculates for speedy trial clock purposes from preferral until the speedy clock stopped. In your response dated 1 July 2010, you said this information was already provided (see letter R.). I can't locate this information, please send again. Also, do you have a DNA expert yet for us to consult with? I know the last one withdrew himself. Thanks. 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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