| David, Happy New Year! Watched the Sydney fireworks live this morning at 0800 our time. Still watching the appellate courts on our extraordinary writ. We got some traction with our Court of Appeals for the Armed Forces. They are considering our challenge to the military judge's ruling denying our motion to dismiss based on severance of the attorney/client relationship between our client and his military counsel (who retired during the pendency of an interlocutory appeal), without the client's assent. We thought it was dead until CAAF took it up a little over a week ago. We're not gambling on any relief or even delay in the proceedings, but I'll keep you posted. The greater number in your party means that you may have to share only a couple of seats in a very small courtroom while the rest of you watch closed circuit broadcast of all the proceedings from another room. Still have to figure out how to get you officially authorized into the limited seating spaces. Have copied my co-counsel for their situational awareness. 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. On Dec 20, 2010, at 7:36 AM, David McLure wrote: Hi Neal Sounds like you are very busy indeed. I'm sure this does not need to be said, but please don't let us distract you from your tasks. I'm sorry if I've misled you about our group. Two soldiers have been charged with manslaughter - one being the sergeant who ordered the grenade to be posted into the room, the other being the lance corporal who followed the order. I represent the sergeant with the assistance of another officer, Captain Keith Wolahan. My colleague, Major Jonathan Hyde, represents the lance corporal. I attach a draft letter of introduction from a senior officer of the Australian Defence Force. We will come armed with something like this and then leave it to your discretion as to whether it should be provided. Good luck with your trial. Regards David From: Puckett Neal [neal@puckettfaraj.com] Sent: Monday, 20 December 2010 12:25 AM To: David McLure Subject: Re: letters of introduction David, <TO THE PRESIDING MILITARY JUDGE.docx>Starting another trial tomorrow here in Sicily. Will have to get back to you. The courtroom gallery is very small. I'll inquire as to how official we need to make your attendance. Thought is was to be just you and your client. Letters of introduction may be useful to have in case we need to justify seating through some official channels. There is a large press room with closed circuit video and audio feed of the proceedings which may be where we'll have to put you if space in the courtroom is unavailable. 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. On Dec 16, 2010, at 11:59 PM, David McLure wrote: Hi Neal I hope your trial is going well. I hope this will not distract you. Just thought I would let you know that our request for the Department of Defence to fund our travel to the US in January is going well and will probably be approved. The approving authority has asked me, however, to assure him that we will not cause any problems by sitting in the public gallery of SSGT Wuterich’s trial, given that we are not US citizens. Although we certainly do not want to draw attention to ourselves, do you think there would be any value in us writing a letter of introduction, which could be provided to the Military Judge and the prosecutor through you? We will obviously take your advice on the correct protocol. If it helps to know, there will be 5 of us including me (ie. 3 lawyers, 2 clients). All of us are serving members of the Australian Army and all of us have either secret or top secret security clearances from the Australian Government. All of us have served as part of either OIF or OEF. David Regards David McLure Seven Wentworth T 02 8224 3029 F 02 8023 9535 M 0402 892 766 34/126 Phillip Street, SYDNEY PRIVILEGE AND CONFIDENTIALITY NOTICE This email and any attachment is confidential and/or was created for the purpose of giving legal advice or for contemplated or actual legal proceedings. Unauthorised use or distribution of the contents of this document and/or any attachment is prohibited. If you are not the intended recipient of this email, please delete this email and any hard or soft copy of this email and any attachment received by you and notify the sender. Liability limited by a scheme approved under Professional Standards Legislation |