Gentlemen, The purpose of this email is to provide notice that the government may offer expert testimony in the subject case pertaining to a forensic search of the accused's laptop, which resulted in evidence of extensive internet research by the accused pertaining to synthetic cannabinoids and manufacturing of Spice. I have provided a copy of the disc containing the report of examination to the defense (Capt Crosswell), and I will provide additional documentation shortly. If you intend to request a defense expert in this field, please send me a request and I will route it promptly to the Convening Authority. The government also provides this notice (that the accused researched the manufacture of "Spice" and synthetic cannabinoids on his laptop computer) pursuant to MRE 404(b). The government further provides notice under MRE 404(b) that the government will introduce evidence that the accused possessed paraphernalia (to wit, a glass pipe, glass smoking devices, and numerous plastic "Ziploc"-type bags) used for abusing synthetic cannabinoids. See the Article 32 Investigating Officer's comments at p. 5-6 and FN1, p. 6. The government further provides notice under MRE 404(b) that the government will introduce evidence that the accused removed the batteries from the smoke detector in the accused's barracks room on board NAS Fallon, NV. Finally, as an administrative matter, I do not anticipate the motions hearing in this case will last more than one day. Therefore, I propose that motions be heard on 1 October as opposed to 30 Sep-1 Oct (leaving all of 39-30 Sep for motions in US v Wacker). As 1 Oct is the first day of the MCAS Miramar Air Show, I have already requested a courtroom at 32nd St for that day. Please let me know if you have any objection to adjusting the trial schedule in this matter, and I will notify the docketing judge if not. 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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