FYI...I believe the judge moved back 47/56 matters until 22 Oct. Very Respectfully, John W. Torresala Captain, USMC Senior Government Counsel Office of the Staff Judge Advocate Marine Corps Recruit Depot San Diego 3700 Chosin Avenue San Diego, California 92140 Com: (619) 524-4089 Fax: (619) 524-6784 FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties. The information contained in this message is privileged. It is intended only for the individuals or entities addressed or their designees. 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 originator and delete or destroy any copy of this message. -----Original Message----- From: Hur Capt Christian P Sent: Tuesday, October 05, 2010 9:37 To: Torresala Capt John W Cc: 'Haytham Faraj' Subject: FW: U.S. v. Brito Gentlemen, I'm in the process of ID'ing witnesses and evidence for Page 56 purposes. Based on the below, the Art 107 and the 92 for the MPO are going to be dismissed for no evidence I take it? That should leave the Weiland Art 92 (depot order violation), the Art 134 (adultery); the Clanton Art 92 (depot order violation), the Art 134 (adultery); and the Mattson Art 134 (obstruction of justice)? Am I missing anything? 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: Keane LtCol Stephen F Sent: Monday, October 04, 2010 8:49 To: 'Faraj, Haytham'; Hur Capt Christian P; Torresala Capt John W; Logan Capt Gavin K Subject: U.S. v. Brito Gentlemen: For planning purposes I am providing the following information. I will issue formal findings of fact, conclusions of law and rulings at a later session of court. 1) The Accused statement to Capt Siekman will be suppressed in accordance with MRE 304(b)(1). I find that the statement is involuntary only in terms of its noncompliance with MRE 304 (c). this ruling will not prohibit the use of said statement to impeach by contradiction the in court testimony of the accused. 2) The MPO that formed the basis of Additional Charge 1, Specification 1 is unconstitutionally vague and overbroad. Spec 1 of Add charge 1 will be dismissed. 3) Defense motion to dismiss all charges (or grant other relief) "because they were known at the time Sgt Brito was charged at a Summary Court-Martial", as styled by the defense motion, will be denied. 4) Defense motion to dismiss Charge 1, Specification 1 "because no violation of the law took place", as styled by the defense motion, is pending additional Defense evidence. 5) Defense motion to dismiss Chare 1 spec 1 and Add Charge 1 Spec 2 because Depot Order P1100.4B is unconstitutional is pending additional Defense evidence. (Note: If the Defense will not be providing additional evidence for 4 or 5, the court is prepared to issue a ruling so please advise on status in the next 5 days.) 6) Defense motion to dismiss for unreasonable multiplication of charges will be denied. 7) Defense motion for a Bill of Particulars will be granted. Government counsel should provide this document prior to the next session of court. 8) Defense request for Weiland and Clanton Facebook records will be denied. 9) Defense request for Wieland and Clanton psychiatric records will be denied. 10) Defense request for government search of DoD database for purported Navy Seal Jorge Nunez contact information will be granted. 11) Defense request for government search of government records for purported Camp Johnson Hazing/Weiland Inquiry documents will be granted. 12) Defense request for government search of government records for purported Weiland USNA acceptance data will be granted. 13) Defense request for government search of for purported Wieland Martial Arts certificates will be granted. 14) Defense request for verbatim Art 32 transcript will be denied. 15) Defense motion to produce expert will be denied. R/ LtCol Keane Stephen F. Keane Lieutenant Colonel, U.S. Marine Corps Military Judge Western Judicial Circuit (760)725-6284 (DSN: 365) (760)212-4710 (Bberry) PRIVILEGED INFORMATION. The information contained within this correspondence is intended only for the use or the addressee(s) above. Please note that any dissemination, distribution, or copying of this communication is strictly prohibited. Anyone who receives this communication in error should notify the sender at the telephone or email address above.
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