Sent: Wednesday, September 08, 2010 13:20
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: '
nrgrey@gmail.com'; '
Christian.Hur@gmail.com'; '
rowec_atl@yahoo.com'
Subject: RE:
Sir,
In regards to your questions on cross examination, Capt Hur interviewed Ms. Ogletree over the phone recently and I took notes. I believe on the stand she would discuss that night as something like this:
"Tina and I were dancing with Maj Rowe and at some point I became uncomfortable with how physical the dancing was becoming and I left the dance floor. Sometime later I saw that Tina was still dancing with Maj Rowe and looked distress, I saw her mouth the words 'help me.' I then went back to the dance floor to pull Tina off and essentially swapped places with her. After this swap-out, Maj Rowe continued to dance aggressively and sexually with me, twice pulling my hand to his groin. After the first instance I pulled her hand away and said "Whoa!" After the second instance I left the dance floor saying, 'we're done.'"
I thought Ms. Ogletree sounded pretty genuine over the phone and I could see how members could find her persuasive. Cutting the other way, in my experience, if a girl is trying to bail her friend out from a sticky situation with 'that guy' at the bar she will normally take her to the bathroom, the group's table, the bar for another round, etc. If she really was uncomfortable dancing with you before, and saw that Tina was uncomfortable, why take Tina's place? Why not just take Tina back to the table with everyone else?
I'll try to get you a copy of my notes from the interview sometime this week.
Respectfully,
Capt Grey
-----Original Message-----
From: Rowe Maj Carlos O
Sent: Wednesday, September 08, 2010 10:09
To: Grey Capt Nicholas R; Hur Capt Christian P
Cc: '
nrgrey@gmail.com'; '
Christian.Hur@gmail.com'; '
rowec_atl@yahoo.com'
Subject: RE:
Thanks and great info / insight provided. I have decided to retain civilian counsel although still trying to make the choice between Haytham Faraj and Colby Vokey. The choice will definitely be made TODAY (within the next few hours), but still debating both.
I wholeheartedly agree with everything said below and willing to stake my career / reputation on winning this case either at the Article 32 (preferred outcome) or if they decide to go to trial.
As with any decision to move forward with disciplinary proceedings, I understand the risk associated with it. I'm adamant that I'm innocent of the charges alleged against me. I have played this over and over in my mind on numerous occasions and still I'm convinced the contact was not initiated by me or intentional. I have read both statements over and over (Laura Ogletree and Tina Vinson) and the statement of GySgt Potter. I'm positive once questioned and cross examined that the truth will be revealed.
For example:
1. Who initiated the dancing?
2. Did Major Rowe have a drink on the dance floor? If so, how did he rub both hands?
3. Was the dance floor crowded? If so, is it possible that such contact incidental and non-intentional?
4. Did at any time you initiate contact with Major Rowe? Sexually? Provocatively?
5. How many times did you dance with Major Rowe?
6. Did Major Rowe walk away at any time on the dance floor?
7. Did you attempt to dance with him a second time?
8. At what point did the alleged contact occur? The first dance or second dance?
9. Why did Major Rowe leave the dance floor?
10. What did Major Rowe immediately say to GySgt Potter upon leaving the dance floor? The first time? The second time?
11. For the record, demonstrate the type of dancing that occurred the night of 7 Nov 2009 at Raoul's?
Truthful answers to the above questions WILL secure my innocence.
Thanks again. I truly appreciate the hard work. Just dealing with it can be frustrating at times, but I remain confident.
Will contact you shortly with my counsel choice.
S/F
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: Grey Capt Nicholas R
Sent: Wednesday, September 08, 2010 11:18
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: '
nrgrey@gmail.com'; '
Christian.Hur@gmail.com'; '
rowec_atl@yahoo.com'
Subject: RE:
Sir,
I've thought about your case over the weekend and I am more convinced than ever that retaining civilian counsel is the proper course of action.
This may be a holdover from when I was working divorces in civilian practice, but I look to dollars and cents on my cases and see that your retirement is on the line. Under the high-3 retirement calculator, that asset could be worth over two million dollars over 40 years.
(
http://militarypay.defense.gov/mpcalcs/Calculators/FinalPayHigh3Result.aspx)
Capt Hur discussed your case with LtCol Sullivan (the SJA) over email and understands that the CG's intention is to seek your dismissal, even if you accept NJP. Given the stakes and the government's intentions, then, I don't see much advantage with cooperating with them.
I do think there is a fair risk of conviction at trial on the wrongful sexual contact charges. The elements of wrongful sexual contact are easier to prove than aggravated or abusive sexual contact. For wrongful sexual contact the government only needs to prove that there was "intentional touching, either directly or through the clothing, of the genitalia...breast...or buttocks of another...with an intent to...arouse or gratify the sexual desire of any person" and that the contact was without legal justification or authorization. Potter, Ogletree, and Vinson will all testify that the contact occurred and Ogletree (and Vinson?) will testify the touching was without authorization. The government need not prove coercion or force occurred.
We do have a "mistake of fact" defense available to us, essentially arguing that, even if the women did not consent in their own minds, their conduct and the circumstances made it reasonable for you to believe that they did consent. The mistake must be objectively reasonable, meaning that an ordinary sober person in those circumstances would think that he had consent to touch. GySgt Potter's testimony will assist in this defense, but the members may still side with Ogletree because GySgt Potter was further away and couldn't have been watching everything the whole time.
Again, I think it is worth running the risk of conviction at General Court Martial given what is on the line. Conviction at GCM will stain your reputation and criminal record, but I don't see jail time out of this case. If we accept an NJP plea deal you will likely be before a board yet this year, facing dismissal before your 20 years. If you go to court martial with civilian counsel you will be in the judicial pipeline for many months and stand a much better chance of remaining in until your 20 year mark. The government is not prevented from starting administrative proceedings now, but they always opt to go the judicial route first.
As an example of how civilian counsel can draw out proceedings, when I was scheduling my first case in April I asked the judge for 10 weeks to prepare and the government argued we should go to trial in 6 weeks. The judge compromised at 8 weeks. The exact same judge has allowed civilian counsel continuances from April until now in another case that I am working on--trial still is not even scheduled in that matter.
On a positive note, it sounds as though the government is going to withdraw the orders violation charge regarding alcohol at 9th MCD HQ. The CO apparently does not think that charge warrants further investigation.
Respectfully,
Capt Nicholas Grey
Defense Counsel
MCRD San Diego
(619) 524-4113
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-----Original Message-----
From: Rowe Maj Carlos O
Sent: Friday, September 03, 2010 6:29
To: Hur Capt Christian P; Grey Capt Nicholas R
Cc:
nrgrey@gmail.com;
Christian.Hur@gmail.com;
rowec_atl@yahoo.com
Subject:
Importance: High
Capts Hur and Grey,
Per your recommendation and an attempt to achieve a continuance in order to properly prepare, I have decided to retain civilian representation. Spoke to both Mr. Faraj and Mr Vokey. Both appear highly competent, very aggressive, and eager to win this case. Both gave solid pieces of advice. I feel confident with either working the case along with you both that we can successfully defend (WIN).
While I understand this does not mean or guarantees a continuance will be granted, it does provide additional firepower to an already dynamic team.
I think you both are aware that I'm a fairly intense person that does his homework and research. You both come highly recommended and I even was given the nickname of "Hurricane" by one who personally stated you leave no stones unturned.
Basically what I'm saying is, please do not take my gratitude of your hard work on my case for granted as you both are critical members of the team and I look forward to the successful defense of this case.
Until I hear otherwise, I will continue to prepare for the Article 32 along with you both (17 Sept as discussed here in Kansas City is what I'm hearing). Whatever happens, I do appreciate your hard work, faith, and dedication.
I will make a final decision this afternoon and keep you informed.
S/F
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