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RE: Ochoa 32

All,

I think we all or you all need to have a conference call and come up with a mutually agreed upon date.  We were all set to start the Art 32 on 27 Oct, the date  previously agreed upon by all parties.  The date from the continuance that we all agree upon in the future will be defense delay.  I'm not going to pick a date where trial counsel is not available.  

R/
Maj Fitz


Danielle Fitz
Major, USMCR
Head, Civil Law
Office of the Staff Judge Advocate
MCB Camp Pendleton
760.725.6094 


-----Original Message-----
From: Marshall Maj Meridith L 
Sent: Tuesday, October 26, 2010 16:28
To: Fitz Maj Danielle N; Hatch MAJ Douglas C
Cc: 'haytham@puckettfaraj.com'; 'hatch.doug@gmail.com'; Douvas Capt Alex G
Subject: RE: Ochoa 32

Maj Fitz,

It is the defense position that TCs are fungible.

R/

Major Meridith L. Marshall
Senior Defense Counsel
MCAS, Miramar
858-577-1720
meridith.marshall@usmc.mil 

-----Original Message-----
From: Fitz Maj Danielle N 
Sent: Tuesday, October 26, 2010 4:28 PM
To: Hatch MAJ Douglas C
Cc: Marshall Maj Meridith L; 'haytham@puckettfaraj.com'; 'hatch.doug@gmail.com'; Douvas Capt Alex G
Subject: RE: Ochoa 32

Can defense come up with another date where trial counsel is not TAD? When is trial counsel available?   

Danielle Fitz
Major, USMCR
Head, Civil Law
Office of the Staff Judge Advocate
MCB Camp Pendleton
760.725.6094 


-----Original Message-----
From: Hatch MAJ Douglas C 
Sent: Tuesday, October 26, 2010 15:50
To: Fitz Maj Danielle N
Cc: Marshall Maj Meridith L; 'haytham@puckettfaraj.com'; hatch.doug@gmail.com; Douvas Capt Alex G
Subject: RE: Ochoa 32

Maj Fitz,

The government has to oppose the attached continuance motion; as I stated to Mr. Faraj on the phone a few minutes ago, I detailed myself to this case and I will be TAD on 3 Nov.  If you grant the defense continuance request, I CAN detail Capt Douvas to represent the government for the purposes of the 32 on 3 Nov.  The government's position is that the defense should eat any and all time after 27 Oct. 

I have a meeting I need to run to right now at MCRD.  The 11th-hour nature of the defense request makes it difficult to respond with much more explanation, but am happy to try a conference call tomorrow.

I'll have access to my gmail account the rest of this evening--I have cc-ed that account to this email.

Maj Hatch

-----Original Message-----
From: Fitz Maj Danielle N
Sent: Tuesday, October 26, 2010 1:38 PM
To: Hatch MAJ Douglas C
Cc: Marshall Maj Meridith L; 'haytham@puckettfaraj.com'
Subject: RE: Ochoa 32

Sounds good. I'll just stand by.  I was given the authority to grant continuances so please submit it to me via trial counsel.

R/

Danielle Fitz
Major, USMCR
Head, Civil Law
Office of the Staff Judge Advocate
MCB Camp Pendleton
760.725.6094 


-----Original Message-----
From: Hatch MAJ Douglas C
Sent: Tuesday, October 26, 2010 13:32
To: Fitz Maj Danielle N
Cc: Marshall Maj Meridith L; haytham@puckettfaraj.com
Subject: FW: Ochoa 32

Maj Fitz,

Meant to email you last night, and we had another Art 32 from this morning.  

In the Ochoa case, the defense told me via email below they will be submitting a continuance, though I have not seen it yet.  The government generally will not object to a continuance, granted the defense agrees to excludable delay, and we can all work out the dates.

S/f

Maj Hatch

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Monday, October 25, 2010 8:54 PM
To: Hatch MAJ Douglas C
Cc: Marshall Maj Meridith L
Subject: RE: Ochoa 32

Absolutely no objection.  We will submit our formal request tomorrow.

-----Original Message-----
From: Hatch MAJ Douglas C [mailto:douglas.hatch@usmc.mil]
Sent: Monday, October 25, 2010 8:08 PM
To: Haytham
Cc: Marshall Maj Meridith L
Subject: RE: Ochoa 32

Any objection to me giving Maj Fitz a heads up via email, so that she can plan accordingly?

-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com]
Sent: Monday, October 25, 2010 1:48 PM
To: Hatch MAJ Douglas C
Cc: Marshall Maj Meridith L
Subject: Re: Ochoa 32

We will submit a continuance. 

Haytham Faraj
Sent from my iPhone

On Oct 25, 2010, at 4:24 PM, "Hatch MAJ Douglas C" <douglas.hatch@usmc.mil>
wrote:

> Are you all going to submit a continuance?  I would like to know out 
> of
courtesy to the IO, who will be travelling from North County to conduct this hearing, if we are still going this Wednesday.
>