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RE: ICO US v Wacker- schedule change



Good Afternoon Gentlemen,

I would also like to have an 802 regarding dates this week.  My schedule is open, with the exception of Friday.

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 08, 2010 14:08
To: Rubin LtCol Peter R; Day Capt Evan S; Sullivan LtCol Sean; Hatch MAJ Douglas C; Hur Capt Christian P
Cc: Leggett GySgt Terrance R; Grisalesmery Cpl Alejandro
Subject: RE: ICO US v Wacker- schedule change

I believe LtCol Jones has received a warning order regarding this case. He
will at Pendleton during the week of the 13th for a 39a in U.S. v. Wuterich.
I recommend an 802 to discuss dates.

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Rubin LtCol Peter R [mailto:peter.rubin@usmc.mil] 
Sent: Wednesday, September 08, 2010 4:12 PM
To: Day Capt Evan S; Haytham Faraj; Sullivan LtCol Sean; Hatch MAJ Douglas
C; Hur Capt Christian P
Cc: Leggett GySgt Terrance R; Grisalesmery Cpl Alejandro
Subject: RE: ICO US v Wacker- schedule change

Gentlemen,

Good afternoon.

New Wacker trial dates will have to be set in light of the Wuterich
continuance.  Please discuss dates between trial and defense - hopefully you
can come to an agreement. 

FYI - it is unlikely that a MJ from our office will preside over the Wacker
case.  I don't know who the MJ will be, but I hope to know soon.    

R/
LtCol Rubin   

-----Original Message-----
From: Day Capt Evan S 
Sent: Wednesday, September 08, 2010 12:17 PM
To: Rubin LtCol Peter R; Grisalesmery Cpl Alejandro
Cc: Hur Capt Christian P; Hatch MAJ Douglas C; Sullivan LtCol Sean; Haytham
Faraj; Leggett GySgt Terrance R
Subject: ICO US v Wacker- schedule change

Good Afternoon Sir,

I would like to get some clarity on the status of the trial dates for US v
Wacker, in light of the change in trial schedule for US v Wuterich.  I have
been informed that the court has ordered the Wacker trial to begin 1
February 2011, but I have not seen any confirmation.  If it is not already
ordered, we can prepare an appropriate joint or unopposed continuance
request or address the scheduling at the next Art 39(a) session in the worst
case.

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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