What Chris said is right on point. You can carry the piece of paper and say whatever you like but the statement as drafted may cause the SJA to say that this is not a guilty plea. You may say whatever you wish the CG. I will warn you, however, that is it comes off as shirking of culpability, the CG will pull out of the deal.
From: Pietro Scarselli [mailto:scarselli13@yahoo.com]
Sent: Monday, November 29, 2010 7:48 PM
To: Hur Capt Christian P; haythem faraj
Cc: farajh@gmail.com
Subject: Re: my statement
WoW..ok Christian..thanks for that. I thought I was afforded a chance to speak normally...submitting the statement is simply to save time at the NJP. I have no issue not submitting anything...but I'd rather give him something. Haythem...how say you?
S/F! R/ Maj Scarselli
From: Hur Capt Christian P <christian.hur@usmc.mil>
To: Pietro Scarselli <scarselli13@yahoo.com>; haythem faraj <haytham@puckettfaraj.com>
Cc: farajh@gmail.com
Sent: Mon, November 29, 2010 3:47:23 PM
Subject: RE: my statement
Sir,
I'm OK with that statement, but if you make it the CG may not let the NJP go forward. Normally the SJA intervenes and says that you are only there to take responsibility...no excuses. Your call of course.
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: Pietro Scarselli [mailto:scarselli13@yahoo.com]
Sent: Monday, November 29, 2010 8:44
To: haythem faraj; Hur Capt Christian P
Cc: farajh@gmail.com
Subject: my statement
Gentlemen, can u read below and see if I'm going in the right direction, please? also...what else should I add? or take out? etc. please advise today. I know you guys are busy, but as you know this is the most important week of my career. Thanks. S/F! R/ Pietro
General, sir, thank you for the opportunity to
provide this statement and matters for your consideration, WRT extenuation and mitigation. This entire situation has been a long dark journey for me, in particular because I was never afforded the opportunity to answer the original IG investigation results, which in turn prevented me from being able to accept responsibility for anything factual that may have taken place on my watch as Provost Marshal. As a senior field grade officer and special staff member, I felt I should have been afforded that opportunity before actions were taken. Sir, at no time throughout this entire process did I try to skirt responsibility. The charges as originally drafted were unjust and the facts as delineated within the charges were incorrect. I could not, in all fairness, simply allow that to go forward without appropriate challenge, sir.
Below I have provided amplyfying details of each scenario for which the current
charges are pending. They are offered for your consideration as factors of extenuation sir. Although the primarily unbeknownst to me, I fully accept responsibility for the events as described, sir. Following the descriptions are a synopsis of my career accomplishments as well as information offered as mitigation for your final decisions, sir.
DETAILS OFFERED AS EXTENUATING CIRCUMSTANCES:
Article 90 - the IG told my boss, Col Green, that I was debriefing Marines after he would interview them. I was not doing that, but Col Green gave me an order to not do so (if I was to stop and if I wasn't to ensure i still do not). A few days later, while I was 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 i asked him "how'd it go" ? "are you ok"?. I did not feel that was debriefing.
Article 92
Spec1 - over the course of the time while i was the PM, from time to time allegations of adultery would surface against Marines under my charge. When that would happen I would direct that the Provost sergeant look into the matter. If the allegations were substantial and substantiated, we would fwd the matter to the Bn for their action. If the matter was unsubstantiated we would inform the company 1stSgt but no action would be taken. In one case the allegation was against one of our civilian officers...in that matter we consulted with our HR Rep, Jess Cook, who informed us that the civilians do not fall under the same regulations WRT adultery. Nonetheless we interviewed the claimant and found there
was no substantiating evidence. In the 3 cases listed in the charge, i personally did not inform the BnCO nor did I ensure the company 1stSgt was informed; i took that for granted. I felt it unnecessary to inform the BnCO since there was no substantiation.
Spec2 - i became the PM in mar 2007. That year HqBn Marines were exempt from rifle qual, except FAPers. In 2008, that exemption went away. Since the RR slots were limited and we had 150 plus marines, we improvised and set up to use the RR up at Barstow. We worked all the details through the BN. One marine, during the Ig investigation 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.
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 as that work had to be done regardless; normally by Marines coming off shift. Further, this saved Marines from bad paper and fostered a climate of fairness and that the leadership was not looking to hammer otherwise good Marines.
Spec4 - on training days I allowed unit functions where BBQs were conducted. Beer soda and water were present and it was expected that underage Marines would not drink the beer. I did not personally guard the beer nor card the Marines. On one occasion an underage Marine drank. I did not know that that had happened, as I would
have prevented it had I known. The events were an effort to bring the civilian and Marines closer together in a safe environment for all. There were never any drunk driving incidents or other type incidents.
Article 133 - the prosecution drafted this charge to encompass the 3 other charges as a generalization of conduct unbecoming.
Article 134 - my only Master gunny, separated from his wife and needed an apt large enough for himself and his 18yo son...but could not handle the rent along with his two mortgages (house in Murrietta and house in 29). So, 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.
CAREER
ACCOMPLISHMENTS:
I originally enlisted in 1994, attending MCRD, PI in january that year. I graduated as platoon honor graduate and then attended MCT at Camp Geiger, NC. I then attended legal Services school where I was class leader, graduating with a meritorious promotion to Lance Corporal. After a sort tour at Cherry Point, I was selected for the Enlisted Commissioning program. I attended OCS in January 1995 and graduaated from TBS in Dec that year. MCLB Barstow was my first duty station after completing MP Officer basic Course in Ft. McClellan, AL. I was Deputy Provost Marshal from March 1996 to Nov 1998, at which time I transferred to RSNY to be an OSO. In 2001 I was USMC OSO of the year then transferred to 2d MP BN in Camp Lejeune. In January 2002 I deployed to GITMO as the Provost Marshal for JTF 160. As such I 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. I then became the Battalion 3 and in Feb 2003 choreographed the largest MP BN deployment since Vietnam. I deployed with the entire battalion and executed mission under the SPMAGTF and MLC in Kuwait/Iraq until October 2003. In June 2004 I became the Battalion XO and deployed to Fallajah in Jan 2005 to set up a battalion CP. In May 2005 I assumed command of RSNY and in Mar 2007 I became Provost Marshal at 29 Palms. As Provost Marshal until Aug 2009, I was responsible implementation of the mil-civ conversion...leading our PMO to first Medium PMO to close out hiring goals in 2008 and 2009. I assisted the Chief of Staff in the stand up of the G-7 as a new staff position. Inspired the ongoing post improvements of the Main gate, and future construction of new PMO sites on mainside as well as ensuring the protection of our sentries by pursuing the installation of sun shade and misters at
the main gate. (many other accomplishment...not sure how much we need here)
MITIGATING CIRCUMSTANCES FOR CONSIDERATION:
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 well over $100, 000 and am currently paying off the difference in her last resident physical therapy and initial nursing home costs. (Cost for civilian atty)