| Frank, MJ's ruling on motions are attached below. No surprises. Yesterday Maj Gannon told us that Mr. Maloney had some kind of accident with serious injuries and he can't travel for about 6 weeks. So today at 1600, we're going to be on a conference call with the judge so they can ask for a 6 week delay. We plan to oppose it, but this is one of the unforeseen reasons for which judges usually grant such requests. I'll let you know the outcome. As you can imagine, exactly 6 weeks to accommodate on thing runs into other scheduled court hearings and other cases so if the judge grants their request, we're going to be discussing when everyone is available again. None of this should affect our scheduled hearings on the 13th at noon. The MJ still owes us a completion of the litigation of the Hutchins motion and a ruling on it. I'll keep you posted. Had a nice chat with Sharratt yesterday. We're going to do a full phone interview with him on Tues. He very much wants to help. He's a corrections officer at a county jail in Washington, PA. Dr. Baden, our forensic pathologist, has agreed to discuss the case with me later this morning. Going down to see Mr. Gripp in SD this afternoon to look at the animations. Maj Marshall is due back in town this weekend, and Sgt Trujillo is back on the case. We've set up shop in Bldg 22163, second deck, across the hallway from Faraj's old office. You're welcome to drop in any time! Expect a call from me this evening with any schedule changes. S/f, Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. Begin forwarded message: From: "Jones LtCol David M" <david.m.jones5@usmc.mil> Date: September 3, 2010 6:27:22 AM PDT To: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil> Cc: "Sullivan LtCol Sean" <sean.sullivan@usmc.mil>, "Marshall Maj Meridith L" <meridith.marshall@usmc.mil>, "Brower Capt Matthew R" <matthew.r.brower@usmc.mil>, "Haytham Faraj" <haytham@puckettfaraj.com>, "Neal Puckett" <neal@puckettfaraj.com>, <cvokey@fhsulaw.com> Subject: RE: RCM 802 Conference ICO U.S. v. Wuterich 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 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Friday, September 03, 2010 5:48 To: Jones LtCol David M Cc: Sullivan LtCol Sean; Marshall Maj Meridith L; Brower Capt Matthew R; Haytham Faraj; Neal Puckett; Colby Vokey (cvokey@fhsulaw.com) Subject: RCM 802 Conference ICO U.S. v. Wuterich Your Honor, The government respectfully requests a telephonic 802 conference ICO U.S. v. Wuterich. I have coordinated with Mr. Faraj from the defense team, and he is available all day, tomorrow, 3 August 2010 (U.S.). I propose that we conduct an 802 at 0800 your time, Saturday, 4 August 2010. If I did my math correctly, that will make it 1600 on 3 August 2010 at Camp Pendleton, and 1900 on 3 August 2010 in Washington D.C. Please advise if the Court can conduct an 802 conference as proposed above Sir. Our conference line is 760-725-8101. Very respectfully, Maj Gannon Nick Gannon Major, U.S. Marine Corps Trial Counsel Camp Pendleton, CA Nicholas.gannon@usmc.mil 760-208-7090 |