This is what I was talking about Sir. -----Original Message----- From: Grey Capt Nicholas R Sent: Tuesday, October 05, 2010 9:02 To: Hur Capt Christian P Cc: 'nrgrey@gmail.com' Subject: Memo re Maj Bueno on Hawk Capt Hur, Per our discussion this morning I am writing a memo for you to run by LtCol Tafoya regarding a conversation with Major Bueno from yesterday. Yesterday I was in Yuma AZ for an Article 32 hearing. Prior to the hearing, counsel in the case met informally in the office of the administrative law director (Mr. Gonzalez I believe). Present were myself, Mr. Gonzalez, Major Bueno, and Major Schweitzer. At one point Maj Bueno discussed his time as military justice officer at MCRD San Diego and how he disliked how Col Smith would become involved in the prosecution of cases. He asked if I remembered the Hawk case (I had heard the name but did not know any details) and he recounted how Col Smith had talked to a witness (or maybe witnesses) and that she asked Maj Bueno "why am I doing your job?" There was one female witness (I believe she was the victim of the case) who told Maj Bueno that she went to the Locker Room (a sort of E-club on the Depot) solely to meet up with a female friend and have a drink. Maj Bueno explained the bar's reputation as a place for women to hook-up with drill instructors and that Col Smith knew of this reputation. According to Maj Bueno, Col Smith said no one would believe that this witness just went to the bar to meet a friend and that the witness would need to testify that she went there to "hook up" in order to be believable. Major Bueno recalled saying at the time, "the testimony is what it is, what do you want me to do about it?" I can't remember the words used, but it seemed clear that Maj Bueno felt he had been asked to badger or somehow convince a witness to change her story and he didn't like it. Putting the facts aside and putting my spin on it, I can think of situations where a prosecutor might not believe a witness and could properly pressure her to abandon a fanciful story in favor of the truth. It could be that Col Smith simply didn't believe this witness's innocent explanation for going to the Locker Room and didn't want her to lie on the stand. Whether the SJA or CA (I'm not sure her billet at the time) should be doing this is an issue I'll leave to you. Respectfully, Capt Grey
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