SSgt Ospina, This is to confirm that I told Capt Torresala with respect to defense witnesses he agreed to produce for Sgt Brito's trial, the defense will waive the witnesses' physical production if they are not located CONUS (i.e. they are in Japan, Iraq or deployed elsewhere out of the United States). In exchange, Capt Torresala agreed that the defense would be given latitude to call any witnesses it needed via telephone or VTC as available. Regarding the Marines going on leave and those whose wives are pregnant; I'm very sympathetic to the personal concerns of the other persons. However, I would point that there is an effort (rightly or wrongly) to convict Sgt Brito and take away his freedom. It's therefore only fair that Sgt Brito be allowed to present whatever evidence and witnesses he can to avoid this effort. We stand by our witness request and offer our apologies for any personal inconveniences. On another note, if I'm on a case where a civilian attorney is retained, the civilian attorney is lead and calls all the shots and makes all of the decisions. The same holds true for Capt Boyer and Capt Grey. We ask that you please always cc the civilian attorney on this and other cases where there is a civilian attorney retained (US v. Long, US v. Vega, US v. Ferguson, US v. Hawk, etc...). 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: Ospina SSgt Jhony A Sent: Thursday, October 21, 2010 16:35 To: Hur Capt Christian P Cc: Torresala Capt John W Subject: US v. Brito witnesses Good afternoon Sir, Sir as per the conversation that was discussed between Captain Torresala, yourself and I. There have been a few issues that have come to light and need your guidance as these are your witnesses. a.) SgtMaj Toves is deployed to Afghanistan and is not expected to return until the end of November. Sir, we can and are willing to try and make every effort to at least provide his testimony via other resources, i.e. VTC (if he is in a suitable and capable place), telephonic. b.) CWO2 Rogers, has advised to 12 MCD that he is scheduled to start his terminal leave 1 November. c.) Both MSgt Alexander and GySgt McCollum wives are pregnant and their due dates fall within the trial dates, so they were planning on more than likely being on Paternity Leave during that time period. Sir, may you please advise as to what you would like done for items b and c, I have no problem advising these Marines that they must alter their schedules and plan on being down at MCRD 1-6 November no matter what but I need to do my part and ensure you are spun up on their situations as they are requested from the Defense, so only you can give me the green light to take them off. r/s J.A. Ospina Staff Sergeant, USMC Military Justice Chief Office of the Staff Judge Advocate Marine Corps Recruit Depot/Western Recruiting Region 3700 Chosin Avenue, Building 12 San Diego, CA 92140-5001 Comm: 619-524-8008/4098 DSN: 524-8008/4098 Cell: 631-988-7231 Fax: 619-524-6784 Email: jhony.ospina@usmc.mil
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