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RE: Wuterich Order Response 200800183
Okay, it's weird to be reading along in a transcript and suddenly see your
name mentioned.
Gannon blew it -- contrary to what he implies, I wasn't part of the Wuterich
litigation at the time I wrote the CAAFlog post he mentioned. I didn't come
in until the reply brief at CAAF. And that's reflected in the record in
this case, since that's when I entered an appearance. But Judge Jones
doesn't seem to have relied on that argument, so I don't think there's a
need to point that out to the court.
Judge Jones' e-mail mentions a revised order he issued in November, which
the government doesn't seem to have given the court. (The government also
doesn't seem to have given the court the exhibits from the Article 39(a)
sessions.) Do any of you have the November order? If so, could you please
send me a copy?
Also, for long-range purposes in case there's a punitive discharge and/or
more than 6 months' confinement in the case, there may be an issue as to
whether the record is substantially verbatim. It appears that the ex parte
hearing isn't transcribed.
Semper Fi,
DHS
-----Original Message-----
From: Keller, Brian K Mr. NAMARA, CODE 46 [mailto:brian.k.keller@navy.mil]
Sent: Monday, December 27, 2010 9:36 AM
To: Jones LtCol David M; Sullivan, Dwight H CIV USAF AFLOA/JAJA; Sripinyo,
Kirk Major NAMARA, CODE 45; neal@puckettfaraj.com; haytham@puckettfaraj.com
Cc: nmccaojagcode51@navy.mil; Brown, Catrina R CIV Code 46; Graves, Nancy A
CIV Code 46
Subject: RE: Wuterich Order Response 200800183
Gentlemen:
Attached please find your service copy of our order response. In a few
moments I will file this with NMCCA.
Please forgive the scan lines--our staff is out sick today, and I'm
absolutely unable to remedy. However, I reviewed the entire filing and
found no pages where the text under the lines was unreadable. We will
rescan/resend as soon as our staff returns.
Also: the filing itself does not have the scan lines.
v/r BK
Brian K. Keller
Deputy Director, Appellate Government Division Navy-Marine Corps Appellate
Review Activity (NAMARA) DSN 325-7682, -7680; Comm 202/685-7682, -7680 FAX
202/685-7687
Email: Brian.K.Keller@navy.mil
CONFIDENTIALITY NOTICE: This message contains confidential information,
which is intended for the sole use of the addressee. This message may also
contain information protected by the attorney-client privilege, attorney
work product, deliberative process, or other privilege. Do not disclose or
forward this message without prior permission. If you received this
transmission in error, please notify the sender by reply e-mail.
"Nullius in verba."
-----Original Message-----
From: Keller, Brian K Mr. NAMARA, CODE 46
Sent: Monday, December 27, 2010 8:03
To: 'Jones LtCol David M'; 'Sullivan, Dwight H Civ USAF AFLOA/JAJA';
Sripinyo, Kirk Major NAMARA, CODE 45; neal@puckettfaraj.com;
haytham@puckettfaraj.com
Subject: RE: Wuterich Mandate
Gentlemen:
The Government is filing its CCA order response later today in Wuterich--do
you consent service to you, via electronic filing, of a copy of that order
response?
Best,
Brian Keller
Brian K. Keller
Deputy Director, Appellate Government Division Navy-Marine Corps Appellate
Review Activity (NAMARA) DSN 325-7682, -7680; Comm 202/685-7682, -7680 FAX
202/685-7687
Email: Brian.K.Keller@navy.mil
CONFIDENTIALITY NOTICE: This message contains confidential information,
which is intended for the sole use of the addressee. This message may also
contain information protected by the attorney-client privilege, attorney
work product, deliberative process, or other privilege. Do not disclose or
forward this message without prior permission. If you received this
transmission in error, please notify the sender by reply e-mail.
"Nullius in verba."
-----Original Message-----
From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil]
Sent: Wednesday, December 22, 2010 19:53
To: Keller, Brian K Mr. NAMARA, CODE 46
Cc: neal@puckettfaraj.com; haytham@puckettfaraj.com; Marshall Maj Meridith
L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C; Gannon Maj
Nicholas L; Forkin LtCol Keith A; Dempsey Capt Suzanne M
Subject: RE: Wuterich Mandate
Importance: High
Mr. Keller,
I just sent you an email containing the record of trial as I received it
from LSSS, CampPen.
The Word Document is my ruling on the "Counsel Motion" that I attached to
the record as an appellate exhibit at the last session of trial. Please
note that it is NOT what the Appellate Defense Counsel submitted to CAAF, as
I made corrections and additions before entering my findings on the record
in November. Attachment 1 is a scanned signature page from me for this
ruling.
Attachment 3 is the signature pages and correction pages from the record of
trial.
I am sending you, snail mail, the sealed ex parte hearing memo for the
record, along with original signature pages from the record and the
corrected pages.
I am emailing to Mr. Troidl, the Clerk of Court for NMCCA, a scanned copy of
the sealed exhibit, the Memo for the Record, regarding the ex parte hearing.
v/r,
LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035