Gentlemen, The purpose of this email is to ensure that all counsel are on notice of evidence which the government intends to present. Although the government's position is that the matters listed below are included within the scope of the course of conduct of the charged offenses, the government is providing notice under Mil.R.Evid. 404(b) out of an abundance of caution. Specifically, the government intends to introduce evidence: - That the accused sold "Spice" to LCpl Wiley, LCpl Logsdon, and other unnamed individuals between November 2009 and May 2010. - That the accused used Spice on multiple occasions, including on 4 May 2010 and approximately 3-4 days prior to departing for Fallon. - That the accused possessed paraphernalia used for possessing or ingesting Spice (including pipes, imitation cigarettes, and Ziploc bags) on his person, in his barracks room on board NAS Fallon, and in his barracks room on board MCAS Miramar. - That the accused drafted a "business plan" for the production or sale of spice. - That the accused searched for places to buy "Spice" in Key West, Florida, and discussed where to buy Spice in Key West with LCpl Wiley. - That the accused researched Spice online (where to buy spice, where to buy ingredients of spice, and how to make spice). - That the accused or LCpl Wiley removed the batteries from the smoke detector in their shared barracks room on board NAS Fallon. 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.
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