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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

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-----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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