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FW: Court-martial witness request ICO US v Capt Douglas Wacker



It is what it is I suppose.


-----Original Message-----
From: Day Capt Evan S 
Sent: Tuesday, November 16, 2010 14:21
To: Hur Capt Christian P
Subject: FW: Court-martial witness request ICO US v Capt Douglas Wacker

Capt Hur,

LtCol Pigott requested that I forward you his response to my inquiry regarding his availability to testify as a character witness.  Please see below.

R/S,
Capt Day

-----Original Message-----
From: Pigott LtCol William 1st MLG (Fwd) SJA [mailto:William.Pigott@afg.usmc.mil] 
Sent: Tuesday, November 09, 2010 5:58
To: Day Capt Evan S
Cc: Hatch MAJ Douglas C
Subject: RE: Court-martial witness request ICO US v Capt Douglas Wacker

Thanks for the email Captain Day.

I have not spoken to Captain Wacker or his defense counsel about this or
any other matters.  

IAW your RFI: I will be back by then so testifying will not be a
problem.  If asked, my opinion would be that he has average to below
average military character.

To the best of my memory, SNO's first duty assignment was in Okinawa.
1st Lt Wacker's first application for FLEP/ELP was not approved (he may
not have been eligible for FLEP/ELP either).  SNO left Okinawa and
checked into the 13th MEU (around 2004).

While I was the 13th MEU SJA, I assisted SNO with his second law
education package.  Another SJA who knew 1stLt Wacker in Okinawa and
assisted him with his law education package said good things about him
to me.  My initial impressions of SNO deteriorated to unfavorable during
the course of the deployment (as I got to better know both the SNO and
his OIC/13th MEU S-6 Major W. Garrity, USMC).  

Could you please do me a small favor though?  Since it is difficult to
get to a phone, would you please forward my response to Captain Wacker's
defense counsel so that he or she also knows the nature of my testimony?

Finally, should you or the defense choose to call me as a witness,
please let me know the general nature of the charges ICO US v Captain
Douglas Wacker beforehand.

Thank you in advance and I hope this helps.  

Happy 235th USMC Birthday.

r/s

LtCol W. N. Pigott, USMC

-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
Sent: Tuesday, November 09, 2010 4:10 AM
To: Pigott LtCol William 1st MLG (Fwd) SJA; Pigott LtCol William N
Cc: Hatch MAJ Douglas C
Subject: Court-martial witness request ICO US v Capt Douglas Wacker

Good Afternoon Sir,

The defense in the subject case has requested you as a military
character witness for the accused, Capt Wacker.  The trial will begin on
24 February 2011; however, if you were to testify, you would probably
testify between 1-4 March. The trial will take place on board Camp
Pendleton. I would like to know (1) whether you believe that you can
offer an appropriate character opinion for Capt Wacker, (2) whether you
want to testify in this case, and (3) whether you will be in Afghanistan
as of 1 March 2011 or have any other operational commitments that would
conflict with you testifying.

Very Respectfully,
Captain Evan S. Day
Trial Counsel, Military Justice Office
Joint Law Center
3rd MAW/ MCAS Miramar
Comm: 858-577-1887
DSN: 312-267-1887
Fax: 858-577-1734

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