| Fine for Puckett and Faraj. Thanks. 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 27, 2010, at 8:02 AM, Keller, Brian K Mr. NAMARA, CODE 46 wrote: 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 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Dempsey Capt Suzanne M Sent: Thursday, December 23, 2010 8:01 To: Jones LtCol David M Cc: 'neal@puckettfaraj.com'; 'haytham@puckettfaraj.com'; Marshall Maj Meridith L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C; Keller, Brian K NAMARA, CODE 46; Gannon Maj Nicholas L; Forkin LtCol Keith A Subject: RE: Wuterich Mandate Sir, The LSSS, 1st MLG concurs with your proposed COA with one caveat. Earlier this morning I spoke with Mr. Keller (Code 46) regarding the disposition of the original transcripts and the sealed exhibit. In order to maintain accountability and integrity over the original transcripts and exhibit, Mr. Keller requests that you send the original transcripts and sealed exhibit to: NAMARA (Code 40) Attn: CDR Becoat Bldg 58, Ste B01 1254 Charles Morris St. SE Washington Navy Yard, DC 20374-5124 He informed me that Code 40 will prepare certified true copies of the transcripts to forward to the LSSS, 1st MLG at MCB CamPen for inclusion in the record of trial. I will also provide CDR Becoat with the original signature pages signed by Capt Brower for inclusion in the original transcripts. V/r, Capt Suzanne Dempsey LSSS AOIC/Review Officer Camp Pendleton, CA (760) 725-8769 -----Original Message----- From: Gannon Maj Nicholas L Sent: Wednesday, December 22, 2010 12:14 To: Jones LtCol David M; Dempsey Capt Suzanne M Cc: 'neal@puckettfaraj.com'; 'haytham@puckettfaraj.com'; Marshall Maj Meridith L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C; Keller, Brian K NAMARA, CODE 46 Subject: RE: Wuterich Mandate Your Honor, Thank you for your response. Your proposed COA will work. Only two requested additions: 1. Could you please identify the individual to whom you email the materials at Code 46. That way, we can track the materials and ensure that they are timely filed with the NMCCA. 2. Could you please snail mail the original authentication page to Code 46? That way, once they get it, they will replace the scanned authentication page with the original. For his SA, I have ccd the Deputy Director of Appellate Government, Mr. Brian Keller. Very respectfully submitted, Major Gannon -----Original Message----- From: Jones LtCol David M Sent: Wednesday, December 22, 2010 3:49 To: Dempsey Capt Suzanne M Cc: 'neal@puckettfaraj.com'; 'haytham@puckettfaraj.com'; Marshall Maj Meridith L; Gannon Maj Nicholas L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C Subject: RE: Wuterich Mandate Capt Dempsey, Thank you for your email. I have reviewed the transcript and made minor corrections. I have the sealed "memorandum for the record" that will be attached to the record as an appellate exhibit. There was no sealed portion of the record, just the ex parte hearing. Getting anything mailed from Japan, during the Christmas time, is not going to work. It will take days if not weeks to get everything where it needs to go, even by express mail. I asked the post office. Everything needs to be to NMCCA, as soon as possible. Here is my plan: 1. Forwarding the authenticated record of the two days, with my pages of corrections and my signature page scanned, to Code 46 and to the Clerk of Court, NMCCA. 2. Scanning and sending to the Clerk of Court, NMCCA, the sealed ex parte "memorandum for the record." This way now one will see it sans the Appellate Court. Will that work? I plan on scanning and emailing everything in the morning. Please let me know if this is satisfactory. 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 -----Original Message----- From: Dempsey Capt Suzanne M Sent: Wednesday, December 22, 2010 8:44 To: Jones LtCol David M Cc: neal@puckettfaraj.com; haytham@puckettfaraj.com; Marshall Maj Meridith L; Gannon Maj Nicholas L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C Subject: Wuterich Mandate Importance: High Sir, I am the Review Officer at the LSSS, 1st MLG, Camp Pendleton, CA, and have been tasked with responding to the attached mandates forwarded by the appellate courts in the subject case. The mandates require authenticated transcripts, both sealed and unsealed, of the Article 39(a) sessions held on 13 and 14 September 2010. NMCCA ordered that the government produce the transcripts on or before 27 December 2010. The court reporters prepared the attached transcripts and Capt Brower reviewed them pursuant to R.C.M. 1103(i)(1)(A) this morning. I reviewed the transcripts and the exhibits maintained by the court reporters, but I did not find any sealed portions of the record or any sealed exhibits from the requested time period. However, on page 20 of the Article 39(a) session held on 13 September 2010, you stated that you would summarize the ex parte hearing held with the defense and seal it and attach it to the record. The court reporters do not have this sealed exhibit. Do you have this sealed exhibit in your possession, Sir? In order to respond to the mandate, I respectfully request the following from you, Sir: -That you review, authenticate, and return to me the transcripts from the Article 39(a) sessions held on 13 and 14 September. Please bring the original authenticated transcripts with you to Camp Pendleton to be inserted into the record of trial at the next session of court; and -That you locate and provide Code 46 with a certified true copy of the sealed exhibit. Your honor will retain the original copy of the referenced exhibit which we can insert into the record of trial at the next session of court. Code 46's address is: Appellate Government (Code 46) Attn: Brian Keller, Deputy Director Bldg 58, Ste B01 1254 Charles Morris St. SE Washington Navy Yard, DC 20374-5124 V/r, Capt Suzanne Dempsey LSSS AOIC/Review Officer Camp Pendleton, CA (760) 725-8769 |