RE: Wuterich Mandate

["Sullivan LtCol Sean" <sean.sullivan@usmc.mil>]

This is a multi-part message in MIME format.

Your honor,

I have no objection to your proposed COA as described below and recommend that we also wait for Mr. Puckett to state whether he has any objection to your proposed plan to forward transcripts and sealed memorandum to clerk of court.

Absent objection from either party, I think that will answer the mail in timely manner. I also suggest that you prepare a Memo for Record which can be attached as an appellate exhibit at next court session which sets forth that your COA with regard to scanning/emailing documents directly to NMCCA clerk of court was driven by 27 Dec 10 deadline, inability to meet that subject deadline due to mailing delays from Japan, and that proposed COA was submitted to both parties and approved without objection.

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: 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