RE: Witness Production Conversation of 20100827 (U.S. v. SSgt Wuterich) AND Requested concurrence for delay

["Brower Capt Matthew R" <matthew.r.brower@usmc.mil>]

Mr. Faraj Sir,
     It is our understanding from a telephonic conversation had between yourself and Major Gannon on Thursday 2 September 2010 that the defense is no longer requesting Mr. Roel Briones.  Could you please confirm that we can close out the need to produce Mr. Briones at the trial?  Additionally, we still have the issue of 1stLt Shanen Dawson from 3rdLAR stationed at 29 Palms, CA coming to testify as a defense witness.  Our 15 September trial dates would have conflicted with his predeployment leave, and the new 1 November trial dates will find him in Afghanistan if I don't take action in the near term.  Please let me know at the earliest if the defense is still requesting he be produced.  

Very Respectfully,

Matthew Brower
Captain, U.S. Marine Corps

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Wednesday, September 01, 2010 8:42
To: Brower Capt Matthew R; Sullivan LtCol Sean; Gannon Maj Nicholas L
Cc: neal@puckettfaraj.com; Marshall Maj Meridith L; cvokey@fhsulaw.com
Subject: RE: Witness Production Conversation of 20100827 (U.S. v. SSgt Wuterich) AND Requested concurrence for delay

Gentlemen,

I agree that Stafford doesn't need to be produced.  I will have to get back to you later today or tomorrow on Briones and Dawson.

On another matter, I am going to file a motion today to request a one week delay to the start of the trial.  It's actually more like a 4 day delay since we won't be starting until the 15th.  I am writing to request you concurrence to delay the start until September 20.  We would still go on the record on the 13th to litigate pretrial motions and other matters.  We, however, need the extra couple of days to continue to prepare.  Maj Meredith had to go TAD this week to the east coast to work another case.  We requested that our former legal clerk be assigned TAD to assist us and that has yet to happen.  Please let me know your decision as soon as possible.

Vr,

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Brower Capt Matthew R [mailto:matthew.r.brower@usmc.mil]
Sent: Tuesday, August 31, 2010 9:04 PM
To: Haytham; neal@puckettfaraj.com; cvokey@fhsulaw.com; Marshall Maj Meridith L
Cc: Sullivan LtCol Sean; Gannon Maj Nicholas L
Subject: RE: Witness Production Conversation of 20100827 (U.S. v. SSgt
Wuterich)

Gentlemen and Ma'am,
     During a separate conversation also held on 27 August between Mr. Faraj and Major Gannon it was further communicated to Major Gannon that the defense would not be requesting Sgt Robert Stafford.  Please confirm that this is indeed the defense's position.  

Additionally, we have to date been unable to contact Mr. Roel Briones.  We are continuing to try to locate this witness, but have been unable to contact him so far.

Lastly, on 20 April 2010 the government approved and ordered produced 1stLt Shanen Dawson from 3rdLAR stationed at 29 Palms, CA to testify as a defense witness.  He is currently undergoing predeployment training at Mohave Viper and is slated to deploy with the 3rdLAR Advanced Party shortly after our trial.  Please let me know if the defense is still requesting he be produced.  If not, he will be able to avoid canceling his predeployment leave which is currently scheduled to take place during the course of this court martial.

Very Respectfully,

Matthew Brower
Captain, U.S. Marine Corps

-----Original Message-----
From: Brower Capt Matthew R
Sent: Saturday, August 28, 2010 16:48
To: 'Haytham'
Subject: RE: Witness Production Conversation of 20100827 (U.S. v. SSgt
Wuterich)

Thanks Sir.

V/R

Capt Brower 

-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com]
Sent: Saturday, August 28, 2010 15:32
To: Brower Capt Matthew R
Cc: <neal@puckettfaraj.com>; <cvokey@fhsulaw.com>; Marshall Maj Meridith L; Gannon Maj Nicholas L; Sullivan LtCol Sean
Subject: Re: Witness Production Conversation of 20100827 (U.S. v. SSgt
Wuterich)

Capt Brower,
Correct on all except SSgt   We do want him. I misspoke when I listed him as
a not needed. We do in fact want him. 

Haytham Faraj
760-521-7934
Sent from my iPhone

On Aug 27, 2010, at 5:41 PM, "Brower Capt Matthew R"
<matthew.r.brower@usmc.mil> wrote:

> Gentlemen, and Ma'am,
>     This e-mail is being sent to memorialize that Mr. Haytham and 
> Major
Gannon in the presence of Mr. Vokey and myself had a conversation about the following witnesses whom Mr. Haytham stated the defense would no longer be requesting at the trial in this case:
> 
> -Rene Rodriguez
> 
> -Brian D. Whitt
> 
> -Martha Ann Noonan
> 
> -Jerrett Bilski
> 
> -Major Dana Haytt
> 
> -MSgt Dunlap
> 
> -SSgt Laughner
> 
> -LCol Jeffrey Chessani
> 
> -Neller
> 
> Please let me know if any of this information is incorrect or if there 
> was
a misunderstanding on anyone's part about the defense no longer requesting these witnesses.  Thanks.
> 
> Very Respectfully,
> 
> Matthew Brower
> Captain, USMC