| Board Members, Please feel free to share this Wuterich case update: Since our last communication, the defense filed a motion to dismiss charges against SSgt Wuterich for wrongful severance of his attorney client relationship with detailed defense counsels, LtCol Colby Vokey and Maj Haytham Faraj. This motion was based in large part on the Navy-Marine Corps Court of Criminal Appeals (NMCCA) ruling in U.S. v. Hutchins. That court ruled that once a detailed military counsel is assigned to a military accused, that relationship can only be severed for "good cause" shown on the record, and that leaving active duty, alone, is not good cause. The same facts applied in the Wuterich case since during the pendency of the appellate litigation regarding the CBS 60 Minutes outtakes, LtCol Vokey and Maj Faraj retired. The military judge, LtCol Meeks, failed to ask SSgt Wuterich about it at all. It simply happened. Then LtCol Meeks retired. The replacement military judge, LtCol Jones, also never asked SSgt Wuterich about the retirement of his two detailed military counsel. Thus there was no good cause for removing either LtCol Vokey or Maj Faraj from the case. LtCol Vokey, in particular, went to extraordinary lengths to attempt to remain on active duty to finish the case. Maj Faraj joined Mr. Neal Puckett (note spelling for the website) and formed The Law Firm of Puckett and Faraj, PC. Mr. Faraj then continued to represent SSgt Wuterich as a civilian attorney. Mr. Vokey made an effort also to continue to represent SSgt Wuterich, but discovered that an apparent conflict arose when he joined the law firm that represents former Sgt Hector Salinas, an important witness in the case. He was forced to withdraw from further representation. The Government opposed the motion and we litigated it during September. In mid-October, the military judge denied our motion by email. The defense immediately filed a petition with NMCCA for a writ of mandamus to direct the military judge to abate the proceedings until the severed relationship could be remedied by the Government. The NMCCA denied our petition. On Monday, we file an appeal of that ruling with the Court of Appeals for the Armed Forces. In the meantime, the military judge continued the start of the trial until 24 January 2011, when we are scheduled to begin the trial unless relief is granted by CAAF. This was to allow sufficient time for all of the appellate remedies to be addressed by the defense. Respectfully submitted, Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |