Sir, It depends on what he can accept NJP for...if it will only be one specification of adultery, I don't feel comfortable supporting that. If it will include the spec about the porn on the government computer, then I would support that (understanding that he will never cop to the stuff with Orcutt). Very Respectfully, John W. Torresala Captain, USMC Senior Government Counsel Office of the Staff Judge Advocate Marine Corps Recruit Depot San Diego 3700 Chosin Avenue San Diego, California 92140 Com: (619) 524-4089 Fax: (619) 524-6784 FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties. The information contained in this message is privileged. It is intended only for the individuals or entities addressed or their designees. 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 originator and delete or destroy any copy of this message. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, November 08, 2010 13:04 To: Torresala Capt John W Cc: Boyer Capt John F Subject: Vega PTA Hi John, I would like to request your support for an NJP PTA without a board waiver? I did a lot of thinking on this and considered the evidence. I feel confident that even if you were to obtain a conviction you would not get a BCD. A board waiver, therefore, makes no sense from a defense perspective. For us the benefit from not going to a SPCM is avoiding the possibility of a conviction. The benefit for you is not putting on a trial to essentially obtain the same results. After all the effort you have put into this, I imagine that you may feel some reluctance supporting this type of deal. I was reluctant writing you to ask for an NJP PTA because my experience with most prosecutors is that they over value their case. I changed my mind because I think you were very fair in the Brito case and offered a PTA that made sense to me. As you know, I supported it early but had to work with the client to get him there. Vega is innocent of all the charges except one. I make this statement not as his lawyer - I don't think I would admit that to you if I were only taking a defense perspective- but as a former Marine Corps officer. He in no way assaulted Dana Orcutt. He did not threaten her with a gun. And he never engaged in any sexual act that is criminal. Vega is a good Marine and a decent man. Though he's not perfect, his indiscretions are not worthy of a court-martial. His failures in judgment deserve attention and merit correction but shouldn't destroy him. I am appealing to your common sense and understanding of this case as well as your discretion as an officer first and a prosecutor second. Vega is the type of Marine you would appreciate having in your unit. And any leadership challenges he raises are ones that any leader would be capable of handling. I am, therefore, asking for your support on an NJP PTA. A summary court-martial is overkill. His actions don't deserve reduction of jail time. A board waiver gives the defense no benefit. I would rather take my chances at a court-martial and face a board afterward. You already know that an NJP will prevent him from picking up GySgt which means he will reach service limitations and be forced out. I look forward to your thoughts Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC P.O. Box 1016 Dearborn Heights, MI 48127 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> 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.
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