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 Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
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