Yes Sir. 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: Rubin LtCol Peter R Sent: Wednesday, October 13, 2010 12:47 To: Hur Capt Christian P Cc: 'Haytham Faraj'; Gilinsky Capt David; Wareham Capt Jason R Subject: RE: US v. Scarselli: UCI motion and motion to reconsider suppression ruling Roger. Please file the motion(s) as soon as possible so that the Govt has ample opportunity to respond. We will have to work out a date to litigate - I would like to do so well in advance of the trial. Please start discussing with the Govt. R/ LtCol Rubin -----Original Message----- From: Hur Capt Christian P Sent: Wednesday, October 13, 2010 11:16 AM To: Rubin LtCol Peter R Cc: 'Haytham Faraj'; Gilinsky Capt David; Wareham Capt Jason R Subject: US v. Scarselli: UCI motion and motion to reconsider suppression ruling Gentlemen, The defense has uncovered additional and ongoing UCI in US v. Scarselli that has not been remedied or addressed by the previous hearings and actions. Accordingly, a defense UCI motion will be filed shortly. Additionally, the defense intends (based on evidence not previously considered by the military judge) to ask the military judge to reconsider his ruling with regards to the suppression of the 8 July 2009 statement of Maj Scarselli (recall, all statements were suppressed save that statement because the military judge found that Mr. Gill did not suspect Maj Scarselli of any offenses prior to that 8 July 2009 statement). The defense intends to present evidence (that was not previously in the defense's possession when the military judge heard that motion) that will contradict that factual finding. This email has been sent so as to give all the parties and court enough time to schedule a needed Article 39a hearing. The defense anticipates that 2 days for an Article 39a hearing are necessary to resolve these issues. The defense proposes a hearing date either the week of the 15 or 22 of November to have this hearing. 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.
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