RE: RCM 802 Conference ICO U.S. v. Wuterich

["Jones LtCol David M" <david.m.jones5@usmc.mil>]

This is a multi-part message in MIME format.

Counsel,

Rulings on the motions:

1.  Government Motion to Pre-Admit Evidence (Unaired CBS Outtakes from Interview of the Accused: GRANTED.  As I have STILL not looked at all of the DVDs, I still need to review, in camera, tapes 1,2, and 5-7 to determine if there is any other part of the recorded statement which out to, in fairness, be considered contemporaneously with tapes 3, 4, and 8.

2.  Government Motion to Reconsider Preliminary Ruling on Admissibility of Photos of House 2: DENIED.

3.  Defense Witness Production Motion = GRANTED in part, DENIED in part.  
	Granted for Major Dinsmore.
	Denied for Sgt Maldonado.  No showing of relevance and necessity at motions hearing.
	Granted for Sgt Erick Ferrell based on time frame and enlisted perspective.
	Granted for EITHER Major Hahn OR 1stSgt Carlson based on time frame.  The Defense elected Major Hahn at the motions session.
 
4.  Defense Motion in Limine for Exclusion of Comments in Accused's Statement and Dismissal of Charge: DENIED.

I will announce the rulings on the record and may issue findings of fact and conclusions of law at any time prior to authentication of the record of trial.	

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035