I like that rework a lot better.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
This email may contain Attorney Work Product. Please delete if you received
this message in error.
-----Original Message-----
From: Scarselli Maj Pietro P
Sent: Wednesday, December 01, 2010 16:04
To: haytham@puckettfaraj.com; Hur Capt Christian P
Cc: faraj@gmail.com; scarselli13@yahoo.com
Subject: my statement
Gentlemen, thoughts? I took another crack at it...still thinking of submitting it..so I don't say much in there...but if we decide not to submit..I will use it as notes. Can you just make sure I'm not saying anything that I shouldn't, etc. Thanks. S/F! R/ Pietro
General, sir, thank you for the opportunity to stand before you today. The last year plus has been the darkest days of my career, but also has given me much time to reflect on the past. As an officer and leader of Marines, I have always insisted on taking responsibility for anything that happens or fails to happen on my watch. Although I had not the opportunity to do so for the matters at hand, until now, I am very appreciative that you have allowed me to do so in this venue vice a GCM.
Thank you also, sir, for accepting this statement, along with the other documents provided, for your consideration as matters in extenuation and mitigation.
Although I do not agree with how the IG investigation was conducted or briefed to the CG at the time, I do accept full responsibility for anything true that has happened or not happened while the Provost Marshal here. The charges before you, which I plead guilty to, now properly capture events which according to various Marines, interviewed by the IG took place. Unbeknown to me or not is irrelevant. I was in charge at the time and accept that culpability, sir.
Since the charges only contain broad descriptions, I have provided some additional details below sir should you want to know more about each event. They are by no means excuses or matters to defend, rather they are provided to paint a clearer picture
Additionally sir, I have provided a quick summary of my past assignments and brief description of a few of the accomplishment achieved here on MCAGCC as the Provost Marshal.
Lastly, I have also listed some personal matters for your consideration during the award phase of the NJP.
DETAILS OFFERED AS EXTENUATING CIRCUMSTANCES:
Article 90
While traveling to St Louis, MO on leave, I was in contact with my OpsO, GySgt Buchanan, during a layover...discussing a Scrapper call, which was ongoing at the time. I noted in the conversation that he was seemingly not on point...so I asked him if he was ok. I then recalled that he had had his 2nd interview with the IG that day...and asked him "how'd it go" ? "are you ok"?. I did not feel that was debriefing him and really wasn't even think about the order Col Green has given. In looking back, I can see how it could have been perceived as asking questions about the interview. If I had a chance to go back I would not have asked those questions in that way.
Article 92
Spec1
When allegations of adultery would surface against Marines under my charge, I would direct the Provost Sergeant to look into the matter. If the allegations were substantial and substantiated, we would fwd the matter to the Bn for their action (i.e., BARNES, 2008). If the allegation was unsubstantiated the matter would be closed. The SNCOIC of the subject Marine would be expected to counsel the Marine on the dangers of perception and ordered accordingly to stay away from the 2nd party and the company 1stSgt would be apprised of the unsubstantiated allegation and action taken. Every allegation was thoroughly looked into; even if it was against any of our civilians, who do not even fall under the same scrutiny as Marines. In the one case where there was an adultery allegation against one of our civilian officers...I directed the Provost Sergeant to consult with our HR Rep, Jess Cook, which he then did. Although there was no action we could take even if substantiated, the allegation was looked into and the civilian officer was counseled about perception. At the time I felt this was a valid and efficient way to handle such matters. Personally informing or briefing the Bn CO, did not seem like a necessary thing to do. In retrospect, however, I do see how at least letting him/her know would be more appropriate and I would do so and will do so in any future capacity
Spec2
During 2007, HqBn Marines were exempt from rifle qual, except any FAP Marines whose parent unit was a Division unit. In 2008, that exemption went away. RR quotas for HqBn were extremely limited, slots were limited and we had 150 plus Marines to get qualled, so I authorized our training section to coordinate the use of MCLB, Barstow's hardly used RR. All details were worked through the HQBn S-3 and S-4. During the IG investigation a Marine alleged she never shot the rifle while up at Barstow, but still received a score. True or not, I do not know, however if that did happen...then I am responsible. There were over 6 evolutions during the course of the year and into 2009. The SNCOIC at the time assured me all Marines shot the weapon. I believe, I should have sent additional SNCOs and or an officer up there with the details to act as a 2nd verifier.
Spec3
At times, SNCOs under my charge chose to have Marines in their sections who had committed minor orders violations, come in on their day off to field day around PMO rather than issue a page 11 and such. Although I was not aware of every time that happened, I did not see it as improper punishment, at the time, since the work had to be done regardless; normally by Marines coming off shift, and by not giving a Marine a page 11 and such would foster a climate where there was a sense of fairness and that the leadership was not looking to hammer otherwise good Marines. I see now, how improper punishment simply cannot be allowed and I accept responsibility for allowing it to happen.
Spec4
On training days I allowed unit functions where BBQs were conducted where beer, soda and water were provided. All Marines and civilian MPs were allowed to attend. Underage Marines were expected not to drink the beer, however I did not have the Marines carded. On one occasion an underage Marine drank. Admittedly, I did not know that had happened until the results of the IG investigation. I should have known. Had I known I would have implemented methods to ensure it never happened again. The events were an effort to bring the civilian and Marines closer together in a safe environment for all.
Article 133
The prosecution drafted this charge to encompass the 3 other charges as a generalization of conduct unbecoming.
Article 134
My senior enlisted advisor, MGySgt Humbertson separated from his wife in Nov 08. The MGySgt had custody of his son from a previous marriage with him at the time and needed an apt large enough for himself and his son. He determined, however, he would not be able to handle that rent along with his two mortgages (house in Murrietta and house in 29). As a result, he asked me if I would mind moving in so the rent would be affordable. We discussed the matter and since he was the only Master Gunny working for me and was my senior enlisted (if in a combat zone he would be hooched with me) and the fact that we were both expecting PCS orders within 8 months, I decided to help him out and move in. I see how this can be perceived as fraternization and I should not have moved in with him; I should have chosen to help in some other way.
CAREER ASSIGNMENTS AND ACCOMPLISHMENTS:
- Enlisted in 1994: MCRD, PI Jan - Apr 94; platoon honor graduate
- MCT, Camp Geiger, NC then Legal Services School Apr - Aug 94: class leader, meritorious promotion to Lance Corporal.
- FJLC, Cherry Point Aug 94 - Jan 95: Cert Comm, selected for the Enlisted Commissioning program.
- OCS and TBS: Jan - Dec 95
- MP Officer Basic Course, Ft McClellan, AL: Jan - Apr 96
- MCLB Barstow: Apr 96 - Nov 98: Deputy Provost Marshal
- OSO, RSNY: Nov 98 - Jul 01: USMC OSO of the Year 2001
-Assigned as Platoon Commander at OCS from May - Jul 01
- MP Captain's Career Course, Ft Leonard Wood, MO: Jul - Dec 01
- 2d MP BN, Camp Lejeune: Jan 02 - May 05
-Jan - Apr 02: Provost Marshal, JTF-160, GitMo
-lead a platoon of MPs in the stand up of Camp X-Ray and in the receipt and transfer of all first 300 Taliban prisoners.
-Apr 02 - Jun 04: Battalion 3
-Feb - Oct 03: MAGTFTC and SPMAGTF, 2d FSSG, Kuwait/Iraq
-choreographed the largest MP BN deployment since Vietnam (the entire battalion)
-Jun 04- May 05: Battalion XO
-Jan - May 05: OIC 2d MP Bn (FWD) Fallajah
- CO, RSNY: May 05 - Oct 06
- 29 Palms: Jan 07 - Aug 09: Provost Marshal
-implemented mil-civ conversion...leading our PMO to first Medium PMO to close out hiring goals in 2008 and 2009. -assisted Chief of Staff in the stand up of the G-7 as a new staff position.
-implemented 24/7 Pass/Id and posts
-inspired the ongoing post improvements of the Main gate, and future construction of new PMO sites on mainside
-responsible for the improvement of sentry protection at main gate (and future gates) by pursuing the installation of sun shade and misters to completion.
-other achievements as captured on FitReps and misc documents.
- 29 Palms: Aug 09 - present: ATG, S-3 (Research and Development)
MITIGATING CIRCUMSTANCES FOR CONSIDERATION DURING AWARD PHASE:
Grandmother was my dependent until early this year; when I had to put her in a home. Taking care of her over the last 11 years cost me slightly over $110, 000 and am currently paying off the difference in her last resident physical therapy and initial nursing home costs.
I have incurred a considerable cost to retain my civilian attorney and am still paying off the balance.
Please consider as well that I have already been relieved, will receive 2 adverse reports potentially, will likely lose my selection to LtCol which is pending, any other potential promotion, and the loss of the difference between a major's retirement versus that of any higher rank, in addition to this NJP on my record with the punishment you award, sir.
***Do I ask him for any leniency specifically here? ***
Thank you again for your time and consideration, sir and I respectfully request to have audience with you personally, one on one, post NJP.
PIETRO P. SCARSELLI
Attachment:
smime.p7s
Description: S/MIME cryptographic signature