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Re: NJP deal for Maj Rowe's consideration
Capt Hur,
Spoke at length with Haytham. While still looking to fight, I agree with all and definitely considering this offer.
In fact, will most likely sign and return on Monday.
Haytham and I discussed all courses of action so I'm fairly comfortable moving ahead while also realizing the CG may or may not accept.
S/F
----- Original Message -----
From: Haytham Faraj <haytham@puckettfaraj.com>
To: Rowe Maj Carlos O
Cc: Grey Capt Nicholas R; Hur Capt Christian P
Sent: Thu Sep 16 15:22:23 2010
Subject: RE: NJP deal for Maj Rowe's consideration
Carlos,
I agree with this deal despite what we discussed. I recommend accepting it as drafted. You can always withdraw and I don't think the General will accept based on what I've been told. That said, I think this is an excellent offer if he agrees to it. Even if you find yourself at a BOI, which will probably happen even if we go to court-martial and get an acquittal, this will not affect your chances of retention.
I have made some corrections to the PTA and have attached a new copy to this email. The changes reflect that it is a general court-martial rather than a special court-martial. I also changed the specification from "drunk and disorderly" to "drunk."
Vr,
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: Thursday, September 16, 2010 12:57 PM
To: Rowe Maj Carlos O; haytham@puckettfaraj.com
Cc: Grey Capt Nicholas R
Subject: NJP deal for Maj Rowe's consideration
Sir (Maj Rowe),
I've attached a draft NJP pretrial agreement for your consideration. The head prosecutor is hinting, despite what the SJA said to Haytham; that MajGen Bailey will recommend that you be allowed to stay in the Corps until retirement. All you would need to do is accept NJP for drunk and disorderly. If you accept NJP (i.e. you are not pleading guilty at NJP), you potentially could argue your position before the CG about why you were not drunk and disorderly. I don't know if the attached would fly with General Bailey, but if it did, I would say that it would be a win for you. I can't see a MCRD BOI kicking you out after General Bailey recommends his retention. No way.
On the other hand, based on my experience of trials as a prosecutor and defense attorney; I forsee say a 75% chance of getting the Article 120 specs kicked at either an Article 32 or trial and maybe a 50/50 shot of beating the Article 133 charges.
I trust and defer to Haytham's wisdom on this point though. He has way more trials than me and way, way more acquittals than me.
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: Thursday, September 16, 2010 7:02
To: 'haytham@puckettfaraj.com'
Cc: Hur Capt Christian P; Grey Capt Nicholas R
Subject: Re: Considerations
Any time is good. I will make myself available.
----- Original Message -----
From: Haytham <haytham@puckettfaraj.com>
To: Rowe Maj Carlos O
Cc: Hur Capt Christian P; Grey Capt Nicholas R
Sent: Thu Sep 16 09:02:43 2010
Subject: Re: Considerations
Maj Rowe,
I have it. I will finish reading you package today. I started it yesterday. Is there a good time to chat early afternoon.
Haytham Faraj
760-521-7934
Sent from my iPhone
On Sep 14, 2010, at 1:28 PM, "Rowe Maj Carlos O" <carlos.rowe@usmc.mil> wrote:
> I believe both Captains may have already provided this info, but I can get that information as well.
>
> Are there any additional updates?
>
> 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: Friday, September 10, 2010 10:54
> To: Rowe Maj Carlos O
> Subject: RE: Considerations
>
> Maj Rowe,
> I would like to include contact information, preferably phone numbers, in your witness list. I specifically request contact information for Ogltree and Vinson if you have it. DO NOT contact any witnesses that are adverse to you. DO NOT speak to ANY witnesses about your case. The government frequently adds charges of obstruction of justice when defendants contact witnesses regardless of the content of the conversation.
>
> 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.
>
>