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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

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