Gentlemen, I'm not going to comment on Maj Miner's comments...at the sake of losing my cool. What I am going to do is draft a new PTA for you two to review...and I would like you opinions as to the notion of resubmitting. I feel we can get a full acquittal still at a GCM...but the factors we spoke of still exist as well, so I still engender the concept of going in front of the CG with my side of the story. Perhaps, after a review of the PTA that I draft, Haythem can call the Chief direct and speak to my plight for face time. Will send out within the next two hours. Thanks for all. S/F!
From: Hur Capt Christian P <christian.hur@usmc.mil>
To: Haytham <haytham@puckettfaraj.com>; scarselli13@yahoo.com
Sent: Fri, November 19, 2010 5:01:38 PM
Subject: FW: RULING ICO MAJ SCARSELLI
-----Original Message-----
From: Miner Maj Brett C
Sent: Friday, November 19, 2010 16:42
To: Hur Capt Christian P
Subject: RE: RULING ICO MAJ SCARSELLI
Chris, that was a laughable PTA. Taking responsibility for your actions and/or shortcomings may be the most salient trait of a Marine Corps officer next to integrity. The form of the PTA presented to a General Officer was also not professionally constructed at all.
I really don't understand why he isn't willing to dive on his sword. IT DOESNâT MATTER WHAT
HE PLEADS TO AT NJP (FOR YOU CLIENT'S SAKE) - DOESN'T ANYONE GET THAT. Doesn't change the punishment, and you go into a BOI with a field grade O that has taken responsibility for his actions vice one that completely refuses to accept responsibility. There are plenty of things that he can take responsibility for - the underage drinking for example, failing to investigate, dereliction of duty - in that he failed to maintain GOandD at PMO, yet he likely believes that he did nothing wrong.
Ultimately, we both go home at night.
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, November 19, 2010 16:33
To: Miner Maj Brett C
Subject: RE: RULING ICO MAJ SCARSELLI
What? That was a reasonable deal
I thought.
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: Miner Maj Brett C
Sent: Friday, November 19, 2010 16:29
To: Hur Capt Christian P
Cc: Gilinsky Capt David
Subject: RE: RULING ICO MAJ SCARSELLI
Chris,
The PTA was rejected.
ERRR
Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, November 19, 2010 16:26
To: Rubin LtCol Peter R; Miner Maj
Brett C
Cc: Gilinsky Capt David
Subject: RE: RULING ICO MAJ SCARSELLI
You cut out Sir on the message...
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: Rubin LtCol Peter R
Sent: Friday, November 19, 2010 15:36
To: Miner Maj Brett C
Cc: Hur Capt Christian P; Gilinsky Capt David
Subject: Re: RULING ICO MAJ SCARSELLI
Major Miner, I am out of the office right now - still dealing with car issues from the drive back from 29 Palms.
The Court's preliminary ruling is that the
----- Original Message -----
From: Miner Maj Brett C
To: Rubin LtCol Peter R
Cc: Hur Capt
Christian P; Gilinsky Capt David
Sent: Fri Nov 19 14:43:01 2010
Subject: RULING ICO MAJ SCARSELLI
Sir,
We will attempt to cure any problem with the Art 34 advice prior to referral. Can you pls send us your preliminary ruling on the matter via email and cc' Col Alex Peterson.
V/r
Maj Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930