Thank you. Please let me know as soon as you can as to which case will be going and which case moving. R/LtCol Rubin -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Monday, October 25, 2010 1:06 PM To: Rubin LtCol Peter R Cc: Grisalesmery Cpl Alejandro; Keane LtCol Stephen F; Torresala Capt John W; Hur Capt Christian P Subject: Re: Wacker dates Your honor. I am the CDC on all 3. Right now Wuterich is still a go. We just filed a writ with NMCCA that may delay that case. Haytham Faraj Sent from my iPhone On Oct 25, 2010, at 12:45 PM, "Rubin LtCol Peter R" <peter.rubin@usmc.mil> wrote: > Mr. Faraj, > > Good morning. > > I am working through some docketing issues. I see that the Wuterich and Brito cases are docketed for next week (Tues-Fri) as is the Vega motions (Tues). I believe you are the CDC on all three. Please advise if all three are still a go, or if there have been discussions with the Govt as to alternate dates. Thanks. > > R/ > LtCol Rubin > > > LtCol P.S. Rubin, USMC > Military Judge > Sierra District - Western Judicial Circuit > 760-725-6286 office > > > ---------------------------------------------------------------------------- > PRIVILEGED and CONFIDENTIAL. The information contained within this > correspondence is intended only for the use or the addressee(s) above. > Please note that any dissemination, distribution, or copying of this > communication is strictly prohibited. Anyone who receives this > communication in error should notify the sender at the telephone or email > address above. > > > > > > > -----Original Message----- > From: Day Capt Evan S > Sent: Friday, October 22, 2010 3:24 PM > To: Jones LtCol David M; Hur Capt Christian P; Rubin LtCol Peter R > Cc: Grisalesmery Cpl Alejandro; 'Faraj, Haytham'; Hatch MAJ Douglas C; Sullivan LtCol Sean > Subject: RE: Wacker dates > > Good Afternoon Sir, > > I have set up a conference call at 2230Z (1530 San Diego/0730 Japan- same as last time) on Monday, 25 October. The dial-in instructions are attached. > > During a recess in our case this morning, Mr. Faraj brought up the possibility of conducting an initial 39(a) during the time currently scheduled for Wuterich- either for a full day or a half-day. If all counsel and the court are amenable to that, we could resolve some of the less complicated motions at the earlier session. > > Very Respectfully, > Captain Evan S. Day > Trial Counsel, Military Justice Office > Joint Law Center > 3rd MAW/ MCAS Miramar > Comm: 858-577-1887 > DSN: 312-267-1887 > Fax: 858-577-1734 > > Classification: UNCLASSIFIED//LIMDIS > This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". > ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. > > > > -----Original Message----- > From: Jones LtCol David M > Sent: Friday, October 22, 2010 2:32 > To: Day Capt Evan S; Hur Capt Christian P; Rubin LtCol Peter R > Cc: Grisalesmery Cpl Alejandro; 'Faraj, Haytham'; Hatch MAJ Douglas C; Sullivan LtCol Sean > Subject: RE: Wacker dates > > All, > > We need an 802 conference. I propose Monday your time, Tuesday morning my time. Capt Day, please set something up so we can discuss the way forward and let me know when it will be. 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: Day Capt Evan S > Sent: Thursday, October 21, 2010 4:16 > To: Hur Capt Christian P; Rubin LtCol Peter R > Cc: Grisalesmery Cpl Alejandro; 'Faraj, Haytham'; Jones LtCol David M; Hatch MAJ Douglas C; Sullivan LtCol Sean > Subject: RE: Wacker dates > > Good Afternoon Gentlemen, > > I think we will need to have another 802 later this week. Here is the current status of the case, the best I can summarize it: all parties are in agreement on the second motions date (25-28 January) and trial (7-18 February) dates; however, we still need to work out dates for the first motions session, and there are some issues with the 22-24 November date proposed by the defense. We will need to adjust some of the other milestones as well. > > Mr. Faraj and I are in a GCM this week which was a contested case and is now a guilty plea in front of members. I should be available Thursday evening or Friday. > > Very Respectfully, > Captain Evan S. Day > Trial Counsel, Military Justice Office > Joint Law Center > 3rd MAW/ MCAS Miramar > Comm: 858-577-1887 > DSN: 312-267-1887 > Fax: 858-577-1734 > > Classification: UNCLASSIFIED//LIMDIS > This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". > ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. > > > -----Original Message----- > From: Hur Capt Christian P > Sent: Wednesday, October 20, 2010 7:28 > To: Rubin LtCol Peter R; Day Capt Evan S > Cc: Grisalesmery Cpl Alejandro; Faraj, Haytham; Jones LtCol David M > Subject: RE: Wacker dates > > Sir, > > Attached are the dates that Mr. Faraj and I had proposed based on our schedules. TC never endorsed them though. > > 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: Tuesday, October 19, 2010 18:23 > To: Day Capt Evan S > Cc: Grisalesmery Cpl Alejandro; Hur Capt Christian P > Subject: Wacker dates > > Capt Day, > > For long-range docketing purposes, what are the Wacker motions date(s) and trial dates? > > Thank you. > > R/ > LtCol Rubin > > LtCol P.S. Rubin, USMC > Military Judge > Sierra District - Western Judicial Circuit > 760-725-6286 office > > > ---------------------------------------------------------------------------- > PRIVILEGED and CONFIDENTIAL. The information contained within this correspondence is intended only for the use or the addressee(s) above. > Please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this communication in error should notify the sender at the telephone or email address above.
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