ALCON: I have reviewed the discovery document and concur with Haytham on dropping (withholding) the witness request for now. However, as previously discussed, I would like for Haytham (or one of you) to interview those three again. The reason I'm asking is those three individuals (Potter, Ogletree, and Vinson) were required to write two statements. The SJA sent the IO back to 9th MCD to gather additional facts during the month of May to make a determination on whether charges would be filed or not. It was after this second visit (during which the IO made threatening statements / comments to those witnesses) that I believe the decision to file charges was made. GySgt Potter's 2nd statement gives a couple of improper impressions as well as conflicts. First that I flirted with Vinson and Ogletree (never have and never will). Second that the consensual act upon the dance floor involved sexual contact. The consensus is yes we danced. Additionally, he stated (implied) that he wasn't drinking. It is my belief he slanted the facts to present a less negative image of himself. I was somewhat amazed that he was able to give such detail in his second statement after numerous months (Nov 09 to May 10), having had drinks himself, and add in a dark and crowded dance floor. Don't know what how much Vinson and Ogletree's statements differ from the first version to the second. However, the discrepancies in those multiple statements are at issue and our access to both. Additionally, please drop GySgt Morley from the witness list. Of further note, Sgt Carson has separated (EAS) from the Marine Corps, Cpl Dejarnette is being separated, Sgt Williams and her husband Marcus Williams are in the process of divorcing, Sgt Gregory has PCS'd to the Camp Pendleton, and Sgt Kerzman is in the process of PCSing. I'm comfortable with the first draft cut of the discovery request. S/F Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Hur Capt Christian P Sent: Friday, October 01, 2010 16:20 To: Rowe Maj Carlos O; Grey Capt Nicholas R; 'Haytham Faraj' Cc: 'rowec_atl@yahoo.com' Subject: RE: We have the ones in the IG investigation. 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: Rowe Maj Carlos O Sent: Friday, October 01, 2010 13:43 To: Hur Capt Christian P; Grey Capt Nicholas R; 'Haytham Faraj' Cc: 'rowec_atl@yahoo.com' Subject: Did the gov't (IO) ever turn over the original statements made by Potter, Vinson, and Ogletree? Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Hur Capt Christian P Sent: Friday, October 01, 2010 14:49 To: Grey Capt Nicholas R; 'Haytham Faraj' Cc: rowec_atl@yahoo.com; Rowe Maj Carlos O Subject: FW: Maj Rowe Statement by GySgt Potter 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: Potter GySgt Richard J [mailto:Richard.Potter@marines.usmc.mil] Sent: Friday, October 01, 2010 12:38 To: Hur Capt Christian P Subject: Maj Rowe Statement Sir, Attached is the statement you requested. I truly hope it sheds some true light on the alleged incident. Richard J. Potter Gunnery Sergeant Supply Chief Company Gunnery Sergeant 9th Marine Corps District Headquarters Phone (816) 843-3930 Fax (816) 843-3974
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