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RE: Vega and Scarselli



Sir,

We want all of our witnesses live.  This is a suppression motion and a UCI motion involving witnesses the defense alleges were intimidated or retaliated.  Not to mention, there is the considerable UCI piece regarding the SJA on this case that wrote the Article 34 advice letter.



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

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-----Original Message-----
From: Miner Maj Brett C 
Sent: Friday, November 05, 2010 14:12
To: Hur Capt Christian P; 'Haytham Faraj'
Cc: Gilinsky Capt David
Subject: RE: Vega.

Gents,
We have a contested case that has no PTA during the time period you are available.  Capt Gilinsky was mistaken (see below).

Rather than you both driving up to 29 Palms, what do you think about doing the motions hearing at Pendleton.  Long pole in the tent is witnesses.  Any issue with telephonic testimony for the witnesses you requested for the motion???

Makes more sense to me and I don't see any real reason that we have to have them live for the motions hearing.

Pls get back to me ASAP.

ERR
Miner

Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077 
Cell: 949-300-4884
Fax:  760-830-3930

-----Original Message-----
From: Rubin LtCol Peter R 
Sent: Friday, November 05, 2010 10:32
To: Gilinsky Capt David
Cc: Hur Capt Christian P; 'Haytham Faraj'; Miner Maj Brett C
Subject: RE: Vega.

Roger and thanks for the word. R/LtCol Rubin

-----Original Message-----
From: Gilinsky Capt David 
Sent: Friday, November 05, 2010 10:31 AM
To: Rubin LtCol Peter R
Cc: Hur Capt Christian P; 'Haytham Faraj'; Miner Maj Brett C
Subject: RE: Vega.

Sir,

I can juggle my schedule to accommodate the 16-18th timeframe, however, I'm not sure that it will be possible to secure billeting and transport for approximately 10-12 witnesses to Camp Pendleton, especially considering there are several who are going to be arriving from OCONUS.

My understanding is that there is a pending PTA in Mattison, and that it will likely settle out.  If I can get further word from Mattison's DC, I'll keep you updated.

V/R

Captain D. Gilinsky
(760) 830-5211



-----Original Message-----
From: Rubin LtCol Peter R 
Sent: Friday, November 05, 2010 8:37
To: Gilinsky Capt David
Cc: Hur Capt Christian P; Haytham Faraj; Wareham Capt Jason R
Subject: RE: Vega.

Capt Gilinsky,

I intend to have an 802 conference today with counsel in the Vega case.  It is a MCRD case that has been docketed for the week of 15 Nov.  Motions still need to be responded to and litigated in that case.  I imagine that motions may be litigated the week of 15 Nov, but not trial.

If Vega does not go to trial that week, I anticipate that Mr. Faraj and Capt Hur will be available to litigate the Scarselli motion sometime around 16-18 Nov.  As I stated in a prior email, the motion may have to be litigated outside of 29 Palms due to the Alston GP on 16 Nov and the contested Mattison case on 17-19 Nov.  

Please let me know if you are available during the 16-18 timeframe and if there is any reason why the motion could not go at Camp Pen (if courtroom availability at 29 Palms remains an issue).  

R/
LtCol Rubin
 

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