Want me to bring her in here? She has been in twice. I explained what the board was and how the process worked. She is getting 6-10 potential character witnesses, and I figured we'd decide which ones we wanted to use. Also, they want a firm date on the board today. Apparently they haven't withdrawn the charges yet, and Clady wants to wait until we get a board date. I told the LT Corcoran (who is handling stuff with Lis being out) that that was BS. Charles C. Gough LTJG, JAGC, USN Naval Legal Service Office North Central Detachment Great Lakes 2540 Paul Jones Street, Bldg 2, Ste 100 Great Lakes, IL 60088 (847) 688-4753, extension 108 -----Original Message----- From: Clady, John E LCDR RLSO MW, GREAT LAKES Sent: Wednesday, October 20, 2010 12:43 To: Gough, Charles C LTJG NLSO NC DET, GREAT LAKES Cc: 'Haytham'; Pennix, Elisabeth H LT RLSO MW Subject: RE: Wofford Alternative Disposition Charlie: To avoid the possible discharge of your client, Haytham and I engaged in discussion this morning of possibly getting this back to a guilty plea at a SCM. The sticking point for your client is the larceny charge. The sticking point for the government is your client's unwillingness to plead guilty to anything resembling admission of her criminality. Please take a look at all the charges, remove the larceny, and have engage your client (along with Haytham) to have her plead guilty to acts of criminality, especially the fraternization charge/specs. I am convinced I can convince the CA to take larceny off the table if your client will plead guilty to fraternization and acts of criminality -- such as the assault and battery and some of the really obscene language she used. What I am not able to do is convince the CA to take larceny of the table if all your client wants to do is take out language that makes her pleas of guilty look like she really didn't do anything at all. If she can do this, she will avoid the ADSEP Board that is coming forth. SCM with the same terms of protection as before. Right now we are just not meeting the minds on charges and it is still negotiable. If you can't get her there, then we'll proceed with the Board. Right now, this is working dual track -- court-martial and Board until we can get this figured out. R/LCDR Clady -----Original Message----- From: Gough, Charles C LTJG NLSO NC DET, GREAT LAKES Sent: Wednesday, October 20, 2010 8:01 To: Clady, John E LCDR RLSO MW, GREAT LAKES; 'Haytham'; Pennix, Elisabeth H LT RLSO MW Subject: RE: Wofford Alternative Disposition Sir, That date works for me. V/R, LTJG Gough Charles C. Gough LTJG, JAGC, USN Naval Legal Service Office North Central Detachment Great Lakes 2540 Paul Jones Street, Bldg 2, Ste 100 Great Lakes, IL 60088 (847) 688-4753, extension 108 -----Original Message----- From: Clady, John E LCDR RLSO MW, GREAT LAKES Sent: Wednesday, October 20, 2010 7:56 To: Haytham; Pennix, Elisabeth H LT RLSO MW; Gough, Charles C LTJG NLSO NC DET, GREAT LAKES Subject: RE: Wofford Alternative Disposition Haytham/Charlie/Lis: I'm about to have the CA appoint this Board for 15 Nov 2010. Because all of you were available for trial that week, it seems logical to conduct the Board that week unless you want to do it sooner. Please let me know. Thanks - John -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Wednesday, October 13, 2010 19:11 To: Pennix, Elisabeth H LT RLSO MW Cc: Gough, Charles C LTJG NLSO NC DET, GREAT LAKES; Clady, John E LCDR RLSO MW, GREAT LAKES; Whaley, Amanda G LN1 RLSO MW, GREAT LAKES Subject: Re: Wofford Alternative Disposition Lis. Thanks for letting me know. In light of the CO's decision, I do not require a response to my discovery request. You will receive some requests for discovery regarding the board. Let's please schedule a conference call for 0800 your time on the 25th to coordinate the way ahead. Have a good trip to DC. Best, Haytham Faraj 760-521-7934 Sent from my iPhone On Oct 13, 2010, at 2:48 PM, "Pennix, Elisabeth H LT RLSO MW" <elisabeth.pennix@navy.mil> wrote: > Gentlemen, > I wanted to inform you that CAPT Bethke, the CA in this case, has decided to alternatively dispose of IC1 Wofford's case. > > CAPT Bethke will withdraw and dismiss all charges that are currently referred to SPCM against IC1 Wofford, without prejudice to the government and will notify her of administrative separation for all of the now-charged offenses. CAPT Bethke has decided that based on all of the current circumstances, he will agree to take this to an administrative board. No out-of-area witnesses will personally appear for the government or for the defense. > > The paperwork to effectuate CAPT Bethke's wishes is in the works and we as the government, will forward that withdrawal paperwork to the judiciary for official withdrawal from the court docket as soon as we get it. > > I want you to know that I received your discovery request and plan on responding to it in writing sometime in the next week or two. Please let me know if you wanted to modify this request considering that we are now going to be heading towards an adsep board. I will be out of the office next week, TAD to DC, but will return on 25 October. The paperwork should be done and filed by then in my absence. > > In the meantime, let me know if you need anything from me and we'll work the process on this end in the next week. > > Take care, respectfully, > Lis > > LT Elisabeth H. Pennix, JAGC, USN > Senior Trial Counsel > Region Legal Service Office, Midwest > 2540 Paul Jones Street > Bldg. 2, Suite 300 > Great Lakes, IL 60088 > PH: (847) 688-3805, DSN: 792,3805 > FX: (847) 688-2481 > elisabeth.pennix@navy.mil > >
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