Gentlemen, I can be available on 4 December. Assuming that both DCs are in 29 Palms, where would you want to hold the 39(a)? It's questionable whether the MJ will want to fly out for this 39(a). However, I do note that under RCM 805(a) and (c), we could permissibly have the judge preside via VTC- or even have both the judges and counsel via VTC as long as at least one DC is physically present with the accused. I am not sure that's necessarily a good idea, though. 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. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, October 04, 2010 6:26 To: Day Capt Evan S; Hur Capt Christian P Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean Subject: RE: Defense Expert Request ICO Wacker Both Capt Hur and I will be in trial in 29 Palms during the first 10-11 days of December. We can probably manage a 39a on a Saturday morning that first Saturday, the 4th. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. -----Original Message----- From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] Sent: Thursday, September 23, 2010 7:23 PM To: Hur Capt Christian P; Haytham Faraj Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean Subject: RE: Defense Expert Request ICO Wacker Gentlemen, I do think we need to find another acceptable day for a motions hearing. The best time would probably be sometime in December, even if it's on a weekend. The only days I am absolutely unavailable in November and December are the three days on either side of Thanksgiving, since I can adjust leave plans on either side. I am concerned that, even aside from the brief 39(a) on 11 October, we will have issues to resolve that could potentially require some time after the Article 39(a) (e.g. experts, Daubert issues, witness production, discovery, etc.) and a late January motions hearing is not going to keep us on track for trial on 7 February. WRT the site visit request, the SJA's preference was to defer acting on the request until the 404b/413 issue is resolved. Of course, that would obviously be more practical if we have an earlier motions hearing. Also, please see the attached discovery regarding USACIL (cover letter from USACIL attorney, which I inadvertently did not include in the original batch of USACIL documentation). 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. -----Original Message----- From: Hur Capt Christian P Sent: Thursday, September 23, 2010 9:38 To: Day Capt Evan S; 'Haytham Faraj' Cc: Hatch MAJ Douglas C Subject: RE: Defense Expert Request ICO Wacker Thank you Capt Day. Question, what is the status of approving the site visits? Please let us know as that may be an issue for the motions' hearings. Thanks. -----Original Message----- From: Day Capt Evan S Sent: Thursday, September 23, 2010 9:07 To: Hur Capt Christian P; Haytham Faraj Cc: Hatch MAJ Douglas C Subject: Defense Expert Request ICO Wacker Gentlemen, Please see attached. I note that there is a scrivener's error in the CG's endorsement- the name of the expert is Mr. Guroff (the one whose CV I provided earlier), not Dunoff. I am not sure how that mistake came about, but the intent is that you are being granted Mr. Guroff. 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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