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Re: Update on UCI Motion
I'll be there.
Neal A. Puckett
LtCol, USMC (Ret)
Puckett & Faraj, PC
703.706.9566
Sent from my iPhone
On Oct 27, 2010, at 11:47, "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil> wrote:
> You Honor,
>
> I just spoke with Mr. Faraj. He too is available at your proposed time. We are on for the 802.
>
> Conference line is (760) 725-8101
>
> Very respectfully,
> Maj Gannon
>
> -----Original Message-----
> From: Jones LtCol David M
> Sent: Tuesday, October 26, 2010 19:11
> To: Gannon Maj Nicholas L; 'Haytham Faraj'
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R; Rubin LtCol Peter R; Sullivan LtCol Sean
> Subject: RE: Update on UCI Motion
>
> Major Gannon,
>
> I am sorry that I just returned to my office and saw your email. It is now 1100 here, which puts it at 1900 your time and 2200 Mr. Faraj's time. So I have missed your time by two hours.
>
> Let's try again for tomorrow morning my time, 0830, Thursday, my time. This would be 1630 your time on Wednesday and 1930 Mr. Faraj's time.
>
> R,
>
> LtCol David M. Jones
> Military Judge
> Western Pacific Judicial Circuit
> Navy-Marine Corps Trial Judiciary
> Office: 645-7287 / 2156
> Fax: 645-2035
> From the U.S.: 81-611-745-7287 / 2156
>
>
> -----Original Message-----
> From: Gannon Maj Nicholas L
> Sent: Wednesday, October 27, 2010 8:38
> To: Jones LtCol David M; 'Haytham Faraj'
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R; Rubin LtCol Peter R; Sullivan LtCol Sean
> Subject: RE: Update on UCI Motion
>
> Your Honor, I spoke with Mr. Faraj. He and I are available this evening to conduct the 802. Will the Court be available at approximately 1700 west coast/ 2000 east coast time Sir?
>
> Our conference line is 760-725-8101.
>
> Very respectfully,
> Major Gannon
>
>
>
> -----Original Message-----
> From: Jones LtCol David M
> Sent: Tuesday, October 26, 2010 15:46
> To: Gannon Maj Nicholas L; 'Haytham Faraj'
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R; Rubin LtCol Peter R
> Subject: RE: Update on UCI Motion
>
> Counsel,
>
> Findings of Fact and Conclusions of Law are not official until they are read into the record of trial, and can further be added to / changed at any time prior to authentication for accuracy. However, for your planning purposes, and in light of the Stay filed by the defense, I am attaching a "rough" of my ruling for your assistance. I anticipate going to trial next Tuesday, the 2nd of November. I expect all parties to be there unless the Stay that has been granted.
>
> Major Gannon, please set up an 802 for this case for. I understand from Judge Rubin that Mr. Faraj has scheduled Brito and Vega to go next week. I would like to know why.
>
> R,
>
> LtCol David M. Jones
> Military Judge
> Western Pacific Judicial Circuit
> Navy-Marine Corps Trial Judiciary
> Office: 645-7287 / 2156
> Fax: 645-2035
> From the U.S.: 81-611-745-7287 / 2156
>
>
> -----Original Message-----
> From: Gannon Maj Nicholas L
> Sent: Thursday, September 30, 2010 1:09
> To: Jones LtCol David M; 'Haytham Faraj'
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R
> Subject: RE: Update on UCI Motion
>
> Your Honor,
>
> After discussing this issue with the defense, government agrees, we will not need an Article 39a session on 11 and 12 October 2010.
>
> My recollection is that our plan is to have the Members seated at 1200 on 2 November 2010. We will voir dire the Members on 2 November.
>
> We will start with opening statements and evidentiary presentation at 0830 on 3 November 2010, unless Member selection is completed before 1500 on 2 November 2010.
>
> Is this correct Your Honor?
>
> Very respectfully,
> Major Gannon
>
>
>
> -----Original Message-----
> From: Jones LtCol David M
> Sent: Wednesday, September 29, 2010 5:15
> To: Haytham Faraj
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R; Gannon Maj Nicholas L
> Subject: RE: Update on UCI Motion
>
> All,
>
> This means that we do not need any session on 11 and 12 October and that the next session of court will be at 0830 on 2 November. Members to arrive at 1200. Are both parties agreed?
>
> R,
>
> LtCol David M. Jones
> Military Judge
> Western Pacific Judicial Circuit
> Navy-Marine Corps Trial Judiciary
> Office: 645-7287 / 2156
> Fax: 645-2035
> From the U.S.: 81-611-745-7287 / 2156
>
>
> -----Original Message-----
> From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
> Sent: Wednesday, September 29, 2010 21:09
> To: Jones LtCol David M
> Cc: 'Neal Puckett'; Marshall Maj Meridith L; Brower Capt Matthew R; Gannon Maj Nicholas L
> Subject: Update on UCI Motion
>
> Your honor,
> We are providing notice that the defense will not be filing a UCI motion.
>
> Vr,
>
> Haytham Faraj, Esq.
> PUCKETT & FARAJ, PC
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>
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>
>
> -----Original Message-----
> From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil]
> Sent: Wednesday, September 29, 2010 7:20 AM
> To: Gannon Maj Nicholas L
> Cc: Haytham Faraj; Neal Puckett; Marshall Maj Meridith L; Brower Capt Matthew R
> Subject: RE: Additional Evidence ICO U.S. v. Wuterich
>
> In receipt, thank you.
>
> R,
>
> LtCol David M. Jones
> Military Judge
> Western Pacific Judicial Circuit
> Navy-Marine Corps Trial Judiciary
> Office: 645-7287 / 2156
> Fax: 645-2035
> From the U.S.: 81-611-745-7287 / 2156
>
>
> -----Original Message-----
> From: Gannon Maj Nicholas L
> Sent: Wednesday, September 29, 2010 8:34
> To: Jones LtCol David M
> Cc: Haytham Faraj; Neal Puckett; Marshall Maj Meridith L; Brower Capt Matthew R
> Subject: Additional Evidence ICO U.S. v. Wuterich
>
> Your Honor,
>
> The government respectfully requests that the Court consider the following additional evidence in the case of U.S. v. Wuterich, specifically, on the defense motion to dismiss of 26 August 2010 ("Hutchins Motion").
>
> I have attached General Mattis' testimony from our previous 39a Session in March 2010. Specifically, the government respectfully requests that the Court consider the following cross-examination questions of General Mattis:
>
> The is from pages 37-38 of the attached transcript:
>
> "Questions by the defense (continued):
>
> Q. General, you have gone to great lengths as a convening authority in these cases and in the Hamdaniyah cases to ensure, as you put it, to be the convening authority for both the prosecution and the defense?
>
> A. Exactly.
>
> Q. In fact, I personally remember you calling me once and making sure -- when I was still in uniform -- that I had everything I needed as a defense counsel.
>
> A. [The witness nods head in the affirmative.]
>
> Q. I got a personal call from you and you asked if I had everything I needed. And so you were going to great lengths to make sure that the process was fair?
>
> A. I did my best.
>
> Q. Is that a fair --
>
> A. Yes."
>
> Very respectfully,
> Maj Gannon
>
>
>