RE: Wuterich continued (US v. Brito)

["Rubin LtCol Peter R" <peter.rubin@usmc.mil>]

This is a multi-part message in MIME format.

Roger.  I assumed Brito was a no-go for next week based on the logistical issues and the Wacker motions.  Please let me know if/when the Brito PTA is approved.  R/LtCol Rubin

-----Original Message-----
From: Hur Capt Christian P 
Sent: Friday, October 29, 2010 9:14 AM
To: Rubin LtCol Peter R; Houtz Maj Pete D; Torresala Capt John W; 'Haytham@puckettfaraj.com'
Subject: RE: Wuterich continued (US v. Brito)

Gentlemen,

I just spoke with Capt Torresala.  After speaking with Sgt Brito, Capt Torresala and I believe that there is going to be a PTA in US v. Brito (pending final approval by the CA) that resolves this outside of the SPCM forum.  Also, there is no possibility of turning the Brito logistical train back on at this point for next week per Capt Torresala, who is out of the office at present.

Thank you.

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: Rubin LtCol Peter R 
Sent: Friday, October 29, 2010 8:02
To: Houtz Maj Pete D; Torresala Capt John W; Hur Capt Christian P; 'Haytham@puckettfaraj.com'
Subject: Wuterich continued

Gentlemen,

Good morning.

I received word yesterday evening that the Wuterich case was going to be continued until 24 Jan (see email below from the MJ, LtCol Jones).  This was different than the word I received the previous day stating that the case was a go for next week.  No one is pleased about the last minute change of word (and the impact that it is having on the docket), but it is what it is. 

LtCol Jones is also presiding over the Wacker case as well.  LtCol Jones will be travelling here from Okinawa next week.  He is going on the record in Wuterich on Tuesday morning to announce a ruling and he intends to do some Wacker motions on Weds and Thurs.     

My purpose in emailing is to inform you of the Wuterich change and to let you know that there may be a window of opportunity for the Vega motions and/or Brito case that we did not anticipate in light of Wuterich trial likely going for 3 weeks.   

Please discuss and re-submit new dates for Vega and Brito as soon as possible. 

R/
LtCol Rubin




-----Original Message-----
From: Jones LtCol David M 
Sent: Thursday, October 28, 2010 7:18 PM
To: Day Capt Evan S
Cc: 'Haytham@puckettfaraj.com'; Hatch MAJ Douglas C; Sullivan LtCol Sean; Grisalesmery Cpl Alejandro; Hur Capt Christian P; Rubin LtCol Peter R
Subject: RE: US v. Wacker: Gov resp def mot suppress DNA

Counsel,

I have continued the Wuterich case this morning.  We will go on the record in that case on Tuesday morning at 0830.  I have asked Judge Rubin to schedule us for motions for Wednesday and Thursday at Miramar.  This means we will NOT have to meet the 12th and 13th.  

Please be ready to discuss all witness issues during this time and any other motions we can put to rest during this motions session.  I understand that we can't do the UCI motion then, but we should be able to knock out most other issues.  

We will also have to discuss dates, AGAIN.  Please be prepared to do so.  The Wuterich team has asked to do the case from 24 January to 11 February.  I am still waiting for approval from my boss on these dates as it is during the Interservice Military Judge's Seminar scheduled the first week of February.  Up front, I apologize for the change in plans.  I know everyone wants to get the Wacker case to trial.  I do too.  But, the Wuterich case is older and I am trying to get that one to trial more than any other case.  The Court appreciates your patience.      

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035