Capt Hur, Understood. However, I still have yet to receive (1) a request for a specific number of hours of assistance with justification (assuming that your expert works on an hourly basis) and (2) a fee schedule. Both of these are required elements of a request for expert assistance under RCM 703(d), and the CA can't approve anything without a complete request. With regard to the retest, please make a formal request as soon as you know whether you want one (since the testing would require some lead time). If you're not sure yet, please submit a request for expert consultation now and a request for additional funding to do the testing once you have made a decision. 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. -----Original Message----- From: Hur Capt Christian P Sent: Wednesday, November 10, 2010 10:12 To: Day Capt Evan S Cc: 'Haytham' Subject: RE: US v. Capt Wacker: Defense DNA expert Capt Day, Thank you for the reference list. We already provided a civilian alternative. I understand that Dr. Lee may be pricey, but he does high profile cases and Capt Wacker's case certainly qualifies as that. Regarding government experts with suitable qualifications as Dr. Johnson, we wouldn't object to such a forensic examiner if one at USACIL could work for us. We conceivably want a retest of the articles of clothing and DNA samples. We also want to explore transfer theories that would require consultation and review of the file as well as interviews with witnesses. We will also need our DNA expert to sit through trial testimonies and then testify themselves if necessary. 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: Day Capt Evan S Sent: Tuesday, November 09, 2010 13:41 To: Hur Capt Christian P Cc: 'Haytham' Subject: RE: US v. Capt Wacker: Defense DNA expert Capt Hur, Roger. This site should help you find one: http://www.cacnews.org/membership/lab_directory.shtml I can also look at government alternatives. As a reminder, if you ask for a private consultant, I need an estimated cost of employment (i.e. fee schedule plus the expert's estimate of the amount of time they will need) per RCM 703(d). Since it's also not clear to me what Mr. Guroff was referring to by "level of service," it would be extremely helpful if you could get a more specific proffer of what you will be requesting the expert to do (i.e. review of USACIL docs plus consulting, review of entire case file, or additional testing). My apologies if you're getting this twice- my Outlook is going haywire right now, so I can't tell if my earlier response went out and I'd rather have you get something twice than not at all. 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. -----Original Message----- From: Hur Capt Christian P Sent: Monday, November 08, 2010 16:16 To: Day Capt Evan S Cc: Haytham Subject: FW: US v. Capt Wacker: Defense DNA expert Evan, It looks like we will need another DNA expert. 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: Guroff, Steve [mailto:Steve.Guroff@sdsheriff.org] Sent: Monday, November 08, 2010 15:31 To: Hur Capt Christian P Subject: FW: US v. Capt Wacker: Defense DNA expert Dear Capt. Hur, I'm sorry, but after discussing the matter with my command, and reviewing the documents you provided, it's pretty clear I won't be able to provide the level of service you're looking for. Please accept my sincere regrets. Steve Guroff, Supervising Criminalist San Diego Sheriff's Crime Lab
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