RE: 802 Conference ICO US v Wacker

["Day Capt Evan S" <evan.s.day@usmc.mil>]

This is a multi-part message in MIME format.

Gentlemen,

I will also be available for any time in November, ideally before the 19th, but I can adjust leave plans to make myself available up to the 21st.  With regard to the proposal to have motions on 25-28 January, my main concern is that those days will not leave enough time before trial for certain issues to be resolved (particularly with regard to discovery, witness production, site visits) and could result in the trial getting delayed. As I see it, there are two ways to handle it.  One is that we could have another 802 conference to set a 39(a) date in December, which already seems problematic.  The other is that we could litigate all of the witness/discovery motions (whether they relate to production of witnesses/discovery solely for motions or for trial) in November, and then handle remaining motions in January.

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

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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Wednesday, September 29, 2010 5:33
To: Jones LtCol David M; Day Capt Evan S; Sullivan LtCol Sean
Cc: Hur Capt Christian P; Hatch MAJ Douglas C
Subject: RE: 802 Conference ICO US v Wacker

I'll be available for whatever is decided any time in November.

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil] 
Sent: Wednesday, September 29, 2010 8:22 AM
To: Jones LtCol David M; Day Capt Evan S; Sullivan LtCol Sean; haytham@puckettfaraj.com
Cc: Hur Capt Christian P; Hatch MAJ Douglas C
Subject: RE: 802 Conference ICO US v Wacker
Importance: High

All Counsel,

To my knowledge, I have received no reply to my email below, sent out 9 days ago.  A new wrinkle is that I may not have to go out in October for the Wuterich case.  (I am waiting for a response on that issue from the government and was just notified by the defense that they see no need for a motion that week.)  That being the case, I would like to modify the below to handle the witness issues for the UCI motion in Wacker that first week of the Wuterich case, perhaps on Tuesday evening, the 2nd of November after we do some voir dire with the members.  But any time that week, even Saturday, will work with me.  

I need to get some buy in by the counsel or we are going to have to do another 802 conference via phone.  I need to know whether I have to schedule a trip to CA for roughly a week from now.  It doesn't look like it.  Please respond.

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035