Good Afternoon Gentlemen, Here is my summary of our RCM 802 conference this afternoon: - Currently docketed trial and Article 39(a) dates will be cancelled. - Next Art 39(a) session will be 11 October at 1600 on board MCB Camp Pendleton (following US v Wuterich motions), focused on issues relating to production of witnesses for motions. - Counsel for both sides will re-submit previously filed motions to MJ. - Art 39(a) motions session will be 22-24 November. - Trial will be 31 January 11- 11 February 11. - Counsel will agree on new appropriate trial milestones and submit consent MFD to MJ. I realize that I should have spoken about this at the appropriate time during the conference call, but I would like to ask to reconsider holding the motions session on 22-24 November. - On a practical level, we are going to have a large number of witnesses who have vacation travel plans immediately before Thanksgiving. Holding a motions hearing then is likely to either interfere with witness vacation plans or make it likely that more witnesses will need to be produced telephonically or via VTC rather than in person. To the extent that witnesses are produced in person, that is an extremely difficult time to schedule travel, particularly if last-minute adjustments need to be made. - On a personal level, I have leave plans for 19 November through 6 December to drive up to Seattle with my wife and 3 kids to see my family. Having a court session on 22-24 November will cancel my plans to see my extended family over Thanksgiving due to the difficulty and expense of getting a 3-year-old and 7-month-old twins on a commercial flight the day of or day before Thanksgiving. If there is absolutely no other time, I would prefer to have motions over the weekend (19-21 November). Again, I absolutely should have spoke up during the 802 and I apologize for not doing so. But if there is any way at all to find an alternate date for the motions hearing, I would like to find it. 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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