Sir, if you are just "accepting" NJP and not pleading guilty to NJP, then that statement you wrote makes sense. Maj Houtz, the MOJO, informs me that the current deal being worked on by Haytham is for you to plead guilty. I don't have that deal in front of me. I do know from past officer NJPs that the General is just expecting you to plead guilty and accept full responsibility. What typically happens then is that the BOI sees that you pled guilty without explanation and the trial counsel says "Well look, he plead guilty at NJP. He had his chance to say he wasn't guilty to the General, but now he's saying he didn't do it. He's an integrity violator too." I think the best bet is for other witnesses to write statements about what happened: i.e. statements saying you are a good Marine and you did not do wrong that night. Then, you can go before the NJP with the General and say Sir, "I accept full responsibility for my actions that night and accept your NJP judgment and whatever punishment you decide to give me." If the General asks you to explain yourself, then say "Sir, I acknowledge that I have an alcohol problem, but I'm responsible for my conduct that night." If you are pressed on whether you are guilty, just say "I leave my fate in your hands Sir and judgment." Unless anyone objects, I think I'll call most of the senior fact witnesses in this case and attempt to convince them to do character reference letters for 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: Rowe Maj Carlos O Sent: Wednesday, September 29, 2010 10:35 To: Haytham Faraj; Hur Capt Christian P Cc: Grey Capt Nicholas R Subject: RE: NJP hearing for 8 October 2010 Alcon: I'm in the process of finalizing the package for your review. Should be done by the close of business this week as everyone is scrambling to provide assistance. Additionally, the below passage is an excerpt from the rough draft letter / statement, I'm going to provide. I'm requesting your opinion as I was going to stop by the location to request a statement as an enclosure to my letter. 4. However, I can also make the argument that my actions the night of the ball do not constitute drunk and disorderly conduct. Raoul?s Velvet Room Night Club located in Overland Park markets itself as a classic cocktail lounge and is one of the nicest bars / clubs in town. Active duty service members are offered free attendance any night of the week. My attendance there was a celebration continuance of the festivities of the Marine Corps Birthday Ball, as well as display to the local community the strong Marine Corps presence. As a result of this being my third tour on Marine Corps recruiting, I was extremely mindful of my actions not only as a Marine Corps Officer, but as a positive recruiting tool that the Marine Corps dress blue uniform denotes. Throughout the evening, I engaged individuals present on a variety topics ranging from recruiting to deployments while also accepting the gratitude of a grateful nation. Many in attendance wanted to thank us, express their gratitude, and engage us in conversation. While some of these conversations did include alcohol, I was also very cognizant of my role as senior Marine on deck and my responsibility to ensure all were safe, but also respectful while upholding the positive Marine Corps image. Raoul?s recognizes the sacrifices made of service members and continues to offer free entry to all military members. As an establishment serving alcohol, they are also under local and state laws to discontinue service to anyone appearing intoxicated. As noted in enclosure (1), Raoul?s Velvet Room has not had any issues with military service members, especially those appearing in uniform. While this event occurred nearly a year ago, the management of Raoul?s is adamant that no disorderly conduct occurred on its premises during our visit. Thoughts on the above, to include should I engage Raoul's management on a statement??? Again, my letter is in rough draft stages, but will close it out over the next 24-48 hours. S/F Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, September 28, 2010 13:17 To: Hur Capt Christian P; Rowe Maj Carlos O Cc: Grey Capt Nicholas R Subject: RE: NJP hearing for 8 October 2010 I can have my assistant put the binder together. Please send me all the documents Chris Hur has mentioned. In addition to that I would like you to get me by NLT October 2nd, a well written statement of your version of the facts. Take responsibility where necessary, explain why you have an excuse where appropriate. Remember that the general will be looking for acceptance of responsibility, that is the best way to convince him not to recommend a show cause hearing. Call me with questions. Also please cc me on the witness names. 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: Hur Capt Christian P [mailto:christian.hur@usmc.mil] Sent: Tuesday, September 28, 2010 1:47 PM To: Rowe Maj Carlos O; Haytham Faraj Cc: Grey Capt Nicholas R Subject: NJP hearing for 8 October 2010 Gentlemen, The General has scheduled the NJP for 8 October 2010. LtCol Sullivan just spoke with me about the NJP. He is the SJA. He is 99% sure that the NJP/BOI terms we want will work out. That said, he said 8 October 2010 is the date the General wants to do the NJP and is the only date the General will be available in the near term. Expect Col Bonnot to be present and expect the General to read the Government's entire investigation. Unless Haytham overrules me, we are going to want to put together a binder to give the General NLT 4 October 2010. I need as many good military character reference letters as we can get, the more the better. I also need 3 to 4 senior officers identified that we can call up at the NJP via phone that will say great things about Maj Rowe. Proposed exhibits for the binder follow: Exhibit 1: Master Brief Sheet Exhibit 2: Fitness Reports Exhibit 3: Awards Exhibit 4: Good Military Character References Exhibit 5: MARCORPSEPMAN Excerpts Exhibit 6: Proof of attendance at alcohol treatment facility Maj Rowe, I will need you to put this binder together with the mentioned exhibits and any others that we think will help. I've attached a sample character letter. Once you send me the names and phone numbers for the 3 to 4 witnesses you want to call at the NJP, I will call them to prepare them for the hearing. Thanks. 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: Rowe Maj Carlos O Sent: Tuesday, September 28, 2010 9:18 To: Hur Capt Christian P; 'Haytham Faraj' Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection Copy all. Looking into available local locations as we speak. Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Hur Capt Christian P Sent: Friday, September 24, 2010 9:04 To: Rowe Maj Carlos O; 'Haytham Faraj' Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection Sir, I forgot to mention, I strongly recommend that you begin some private AA alcohol treatment or anything that has to do with alcohol treatment (ALANON, church group, etc). I realize that you are not an alcoholic, however if you go to a BOI treatment will factor strongly into your retention. 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: Rowe Maj Carlos O Sent: Wednesday, September 22, 2010 10:11 To: Hur Capt Christian P; 'Haytham Faraj' Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection Thanks again for the solid advice, superb counsel, and hard work shown by all. BL, I placed myself in a position in which we find ourselves today. I appreciate your dedication in defending me and will continue to follow your advice. Haytham: I reviewed both documents as well as your cover letter. GTG on all accounts. S/F Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Hur Capt Christian P Sent: Wednesday, September 22, 2010 11:27 To: Haytham Faraj; Rowe Maj Carlos O Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection I agree with his advice Sir. I'm aware of an officer being acquitted of 120 charges at a GCM, ie found not guilty; then sent to a BOI anyways. Haytham's services would be helpful in keeping you retained as a Major until retirement. 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: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, September 22, 2010 8:23 To: Rowe Maj Carlos O; Hur Capt Christian P Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection Carlos, I know these prosecutors and this SJA. Trust me when I tell you they are never interested in justice. They're only interested in looking good. They play dirty and don't give a crap about the truth. That said, they've never beaten me. I have beat them every time with truth and honesty before neutral panels. We would be going court martial if you were enlisted. As an officer, you are still going to a BOI even if you win. There's also a remote possibility that they could obtain a conviction on at least one of the conduct unbecoming which is subjective and prone to abuse and misunderstanding even by neutral members because officers have and bring their personal views on what is and is not appropriate. A conviction would not result in a dismissal but it will be on your record. This deal avoids all that. 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: Rowe Maj Carlos O [mailto:carlos.rowe@usmc.mil] Sent: Wednesday, September 22, 2010 11:15 AM To: Haytham Faraj; Hur Capt Christian P Cc: Grey Capt Nicholas R Subject: RE: PTA sans BOI protection Importance: High Haytham, While I will sign and submit this document as well, it has become readily apparent (perhaps only to me) that the prosecutor and SJA's interests no longer resides in justice, but ensuring my separation. Your previous insight and their actions validate my perception. On one hand accepting NJP gives a perception of pleading guilty which while at the same time is a strategic move to ensure proper defense during the proposed potential BOI proceedings. I also understand the need to accept responsibility while also allowing me to argue the case before the General. I want to ensure that should I choose to move forward (just in case) that this PTA can be voided by me. Again, while I truly understand this may be the best case scenario forward, I'm still adamant about also wanting to fight to clear my name. There are risks involved in both and I understand the greater risk is being found guilty at a GCM. BL, I do not want to look back with second thoughts and hindsight of I should have chosen the other route if I find myself separated. Thanks again for everyone's hard work. Please continue to keep me informed as to the status of the case. Note: multiple scans has degraded the document. Break, break, Capt Grey: I have been unable to view or access the Shared documents. S/F Major Carlos Rowe Deputy G-6 Marine Corps Mobilization Command 15303 Andrews Road Kansas City, MO 64147-1207 Office: 816-843-3487 Cell: 816-896-8595 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, September 22, 2010 8:25 To: Rowe Maj Carlos O Cc: Hur Capt Christian P Subject: PTA sans BOI protection Carlos, We're going to submit this PTA as well. This does not have the no show cause language . The prosecutor has agreed to submit both versions to the General. The SJA will only recommend this one. I intend to put a cover letter on it addressed to the CG. I called the CG's office yesterday to speak to him but he was unavailable. I will try again today. Please sign and return this to me. 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 <http://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.
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