Re: Wuterich Mandate

[Neal Puckett <neal@puckettfaraj.com>]

Just in to Philly from Sigonella via Rome. Defense takes no position as to what the court must do. 
Merry Christmas to you and your families from The Law Firm of Puckett and Faraj!

Neal A. Puckett
LtCol, USMC (Ret)
Puckett & Faraj, PC
703.706.9566

Sent from my iPhone

On Dec 22, 2010, at 10:14, "Sullivan LtCol Sean" <sean.sullivan@usmc.mil> wrote:

> 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
> 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
>