Gentlemen,
Good afternoon.
We received the 4 defense motions and attachments (motions to dismiss - MPO & multiplicity, motion to suppress statement of the accused, and motion to compel discovery). Capt Hur, let me know if this is an accurate/complete list.
As stated by Capt Hur, there is a scheduling conflict. The Nolder GCM will be going the week of 13 Sept - Capt Hur is the DC. Pvt Nolder has been in PTC for quite some time. As such, I am committed to having that case go to trial as scheduled.
In light of this conflict (and the Govt perhaps needing additional time to file the Brito responses), I would like the counsel to get together and come up with a modified Brito trial schedule. I will review the proposed dates and approve (so long as it's reasonable and all sides agree).
We will address the matter at a 39(a) if the counsel can not come to an agreement.
Please advise soonest possible.
R/
LtCol Rubin
LtCol P.S. Rubin, USMC
Military Judge
Sierra District - Western Judicial Circuit
760-725-6286 office
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-----Original Message-----
From: Hur Capt Christian P
Sent: Wednesday, September 01, 2010 12:10 PM
To: Rubin LtCol Peter R
Cc: Grisalesmery Cpl Alejandro; Torresala Capt John W; 'Faraj, Haytham'
Subject: US v. Sgt Jose Brito: motion to dimiss multiplicity
Sir,
The defense motion to dismiss on the basis of multiplicity is attached for your review.
Also, the 39a in this case is scheduled the same day as the GCM in US v. Nolder, which yourself and myself are part of, but not Mr. Faraj or Capt Torresala, the trial counsel. Based on this schedule conflict, the 39a or the GCM will need to be moved Sir. Thank you.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
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