Sir, The Defense will submit a continuance request to the Govt asking that the hearing be moved from the 17th to the 28th. The Govt is prepared to go forward on the 17th. Per our conversation the Article 32 will be held in Kansas City on 28 Sept. VR Maj Houtz -----Original Message----- From: Carlisle LtCol Kevin T Sent: Friday, September 03, 2010 11:18 To: Torresala Capt John W; Hur Capt Christian P; Grey Capt Nicholas R Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE Capt Torresala, Option 1 could work. Does the defense object to the telephonic testimony? Respectfully, LtCol Carlisle -----Original Message----- From: Torresala Capt John W Sent: Friday, September 03, 2010 10:19 To: Carlisle LtCol Kevin T; Hur Capt Christian P; Grey Capt Nicholas R Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE Sir, The Government is in favor of option #1 (conducting the hearing at MCRD with telephonic testimony)...Capt Hur and Capt Grey are on leave for Labor Day. Very Respectfully, John W. Torresala Captain, USMC Senior Government Counsel Office of the Staff Judge Advocate Marine Corps Recruit Depot San Diego 3700 Chosin Avenue San Diego, California 92140 Com: (619) 524-4089 Fax: (619) 524-6784 FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties. The information contained in this message is privileged. It is intended only for the individuals or entities addressed or their designees. 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 originator and delete or destroy any copy of this message. -----Original Message----- From: Carlisle LtCol Kevin T Sent: Friday, September 03, 2010 9:51 To: Torresala Capt John W; Hur Capt Christian P; Grey Capt Nicholas R Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE Capt Torresala, Capt Hur, I have a conflict with an out-of-town hearing on 17 Sep 10. Possible options (in my order of preference): 1) Use alternatives to live testimony and hold the hearing at MCRD San Diego on 17 Sep 10; 2) Conduct the hearing on 14 Sep in Kansas City (travel on 13 and 15 Sep). I must return to Camp Pendleton by 0740 on 16 Sep (this option probably conflicts with the GCM); 3) I could grant a continuance and conduct the hearing on Tuesday, 21 Sep (travel to KC on 20 Sep); 4) I could grant a continuance and conduct the hearing on Tuesday, 28 Sep (travel to KC on 27 Sep); I'd like to discuss these options. Let's have a phone conference this morning. Respectfully, LtCol Carlisle -----Original Message----- From: Torresala Capt John W Sent: Thursday, September 02, 2010 15:05 To: Carlisle LtCol Kevin T; Hur Capt Christian P; Grey Capt Nicholas R Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE Sir, Please find attached the following: (1) Gov Article 32 witness list, (2) Gov Article 32 exhibit list, (3) Gov response to discovery request, and (4) charge sheet. Per RCM 405(g)(1), the Government defers to the IO for a determination of relevance and reasonable availability of the evidence and witnesses requested by the Defense. Note: I have been informed by Maj Houtz that the CA will be dismissing without prejudice Charge I, Specification 2 for consideration by the IO, which will necessitate a re-evaluation of which witnesses requested by the Defense are still relevant to the current charges. Additionally, due to the large amount of witnesses located at 9th MCD, the Government concurs with the Defense that the Article 32 hearing be conducted at 9th MCD HQ. The Convening Authority has been briefed and concurs as well. All witnesses located at 9th MCD will be available to testify live if needed/relevant. Please advise if you have any conflicts/issues with regards to conducting the hearing in Kansas City on 17 September. Finally, I will need to burn the investigation and enclosures to a CD and mail it to you (the files are too big to email)...if you would kindly provide a mailing address where you would like it sent, I will have my clerks forward it as soon as possible. Good afternoon Sir. Very Respectfully, John W. Torresala Captain, USMC Senior Government Counsel Office of the Staff Judge Advocate Marine Corps Recruit Depot San Diego 3700 Chosin Avenue San Diego, California 92140 Com: (619) 524-4089 Fax: (619) 524-6784 FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties. The information contained in this message is privileged. It is intended only for the individuals or entities addressed or their designees. 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 originator and delete or destroy any copy of this message. -----Original Message----- From: Carlisle LtCol Kevin T Sent: Monday, August 30, 2010 11:12 To: Hur Capt Christian P; Torresala Capt John W; Grey Capt Nicholas R Cc: Houtz Maj Pete D Subject: ARTICLE 32 HEARING ICO MAJOR ROWE Capt Torresala, Capt Hur, and Capt Grey; PLEASE VERIFY RECEIPT OF THIS EMAIL. I would like to begin the Article 32 hearing at 0800 on Monday, 13 Sep 10. The uniform will be utilities. I will stay as late as necessary to complete my investigation. If necessary, I will dedicate additional days that week to the completion of the investigation. Please advise if there are any issues that will prevent us from finishing the Article 32 investigation on 13 Sep 10. THIS EMAIL CONSTITUTES THE PRELIMINARY CONFERENCE. DEFENSE COUNSEL: As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of any witness/evidence you request in the following format: (1) The witness' name, first, middle initial and last. (2) Military witness' rank/grade. (3) Military witness' military organization; work telephone number; and current address. (4) Civilian witness' address and telephone number, both business and home. (5) If the Government has refused to produce a particular witness, please provide a synopsis of the expected testimony and an explanation as to why the testimony is relevant and not cumulative. Please also briefly explain why the witness is reasonably available. (6) Please provide a list of any documents or other physical evidence you want the Government to produce. Please provide its location, custodian, and an explanation why it is relevant, reasonably available, and non-cumulative. (7) Please ensure that the accused is present and in the proper uniform. TRIAL COUNSEL: (1) As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of witnesses/evidence in the format listed above. (2) By COB, 2 Sep 10, provide the defense with a contact number for the witnesses and custodian(s) of the evidence. (3) If the Government will refuse to produce any witness or evidence requested by the defense, please provide the reason. (4) Please provide a location for the hearing and ensure that there is a recording apparatus available. TRIAL AND DEFENSE COUNSEL: Please ensure that Trial and Defense counsel copy each other on all correspondence back to me regarding this investigation. Please provide a list of any alternatives to testimony or evidence you intend to introduce for my consideration. Please indicate ASAP via E-mail whether you intend to object to any alternatives to testimony or evidence opposing counsel intends to introduce. All my contact information is listed below. Respectfully, Kevin T. Carlisle Lieutenant Colonel, U.S. Marine Corps Special Counsel, Environmental Law Western Area Counsel Office Mobile: 808-551-2055 Office: 760-725-5191 Fax: 760-725-5132 Email: kevin.carlisle@usmc.mil
Attachment:
smime.p7s
Description: S/MIME cryptographic signature