Re: bubbles answered

On Nov 4, 2010, at 11:56 AM, dhsullivan@aol.com wrote:

Okay, I think I've got it. I'm pasting the revised language below.

Haytham, are you a CAAF bar member? If so, do you have your CAAF bar number accessible?

On March 11-12, 2009 – after the Government’s first Article 62 appeal but before its second – an Article 39(a) session was held to hear motions. During that session, Judge Meeks briefly discussed LtCol Vokey’s status:
MJ: All right. Also representing previously as a, I believe, detailed defense counsel was Lieutenant Colonel Vokey. My understanding is that Lieutenant Colonel Vokey has since retired from the Marine Corps, is that correct?

DC (LtCol Tafoya): That’s correct, Your Honor.

MJ: There has been some discussion that he may be retained in this case in the capacity as civilian counsel, but that has not occurred, is that correct?

DC (LtCol Tafoya): That’s correct, Your Honor.

Article 39(a) Excerpt at 2-3 (from the record in United States v. Wuterich, 68 M.J. 511 (N-M. Ct. Crim. App.) (en banc), certificate of review dismissed, 68 M.J. 404 (C.A.A.F. 2009) (Appendix, Tab D).
During Article 39(a) sessions on May 13 and 14, 2010 – after the litigation concerning the second Article 62 appeal was complete – LtCol Vokey made an appearance as a civilian counsel though he did not actively participate. After that appearance, the defense team realized the imputed conflict that now existed between LtCol Vokey and Appellant.

-----Original Message-----
From: Puckett Neal <neal@puckettfaraj.com>
To: dhsullivan@aol.com
Cc: haytham@puckettfaraj.com; kirk.sripinyo@navy.mil
Sent: Thu, Nov 4, 2010 2:49 pm
Subject: Re: bubbles answered

Yes. Definitely.
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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.

On Nov 4, 2010, at 11:48 AM, dhsullivan@aol.com wrote:
This is from the 11 March 2009 hearing:

MJ: All right. Also representing previously as a, I believe, detailed defense counsel was Lieutenant Colonel Vokey. My understanding is that Lieutenant Colonel Vokey has since retired from the Marine Corps, is that correct?
DC (LtCol Tafoya): That’s correct, Your Honor.
MJ: There has been some discussion that he may be retained in this case in the capacity as civilian counsel, but that has not occurred, is that correct?
DC (LtCol Tafoya): That’s correct, Your Honor.

So was Colby's first post-retirement appearance in the case in 2010?

Semper Fi,
DHS

-----Original Message-----
From: Puckett Neal <neal@puckettfaraj.com>
To: dhsullivan@aol.com
Cc: Faraj Haytham <haytham@puckettfaraj.com>; CODE Sripinyo Kirk Major NAMARA 45 <kirk.sripinyo@navy.mil>
Sent: Thu, Nov 4, 2010 2:20 pm
Subject: Re: bubbles answered

Pretty sure it was 2010 vice 2009. There was no hearing in Mar 2009. Colby was not on the record until after the second appeal, I think. Let's check Haytham's recollection of this.
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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.

On Nov 4, 2010, at 10:48 AM, dhsullivan@aol.com wrote:
Neal -- at one point in the brief, we say:

On March 22, 2009 – after the Government’s first Article 62 appeal but before its second – an Article 39(a) session was held to hear motions. LtCol Vokey (Ret.) and Maj Faraj (Ret.) were both present as civilian counsel, though neither filed a notice of appearance. The military judge, LtCol Meeks, made no inquiry concerning either LtCol Vokey’s or Maj Faraj’s changed status.

Is that right? If so, would that be Colby's first post-retirment Article 39(a)?

Semper Fi,
Dwight

-----Original Message-----
From: Puckett Neal <neal@puckettfaraj.com>
To: Sullivan Dwight <dwight.sullivan@pentagon.af.mil>; Sullivan Dwight <DHSULLIVAN@aol.com>
Cc: CODE Major NAMARA 45 Sripinyo Kirk <kirk.sripinyo@navy.mil>; Faraj Haytham <haytham@puckettfaraj.com>
Sent: Thu, Nov 4, 2010 1:40 pm
Subject: bubbles answered

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
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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