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RE: IRO Reconsideration hearing request



Maj Schweitzer,

The CO is absolutely the one who decides on confinement.  The IRO reviews confinement.  The CA is the one who placed him in and she can take him out.  The IRO reviews pursuant to its hearing or re-hearing authority in RCM 305.

You were appointed by and report to the Convening Authority.  

Please consult with your legal advisor regarding your duties as well as any extensions you may need in order to complete your report on time.

Please review your appointment order and complete your report in a timely manner.
 
Maj Houtz

-----Original Message-----
From: John H. Schweitzer [mailto:John@cadivorcelaw.com] 
Sent: Monday, August 30, 2010 16:56
To: Logan Capt Gavin K
Cc: haytham@puckettfaraj.com; Boyer Capt John F; Houtz Maj Pete D; Maroudis Maj Socrates S
Subject: RE: IRO Reconsideration hearing request

Captain Logan:

The CO is not the one who decides on confinement - the officer who
conducted the pretrial confinement hearing is the individual who decides
if confinement is warranted.  Otherwise there would be an inference of
command influence if it were up to the CO to comment at all on the
pretrial confinement.

I am not going to comment on confinement as if I have the authority to
release, which I do not.  I will, however, comment on my preliminary
recommendations that will be in my final report for the officer
conducting the hearing to see if further confinement is warranted.  I
have found nothing that legally prevents me from doing so.  There is
really nothing that prevents the officer from reopening his pretrial
confinement hearing based upon new facts and evidence.  The only way to
get those new facts and/or evidence to the officer for another pretrial
confinement hearing is for you, defense counsel or the Article 32
officer to present them.
R/
John
Major John H. Schweitzer, USMCR
Judge Advocate, Legal Support Services Section-IMA
Marine Corps Installations West, Camp Pendleton
619.688.6505 work
619.688.3985 facsimile
858.220.4180 cell




-----Original Message-----
From: Logan Capt Gavin K [mailto:gavin.logan@usmc.mil] 
Sent: Monday, August 30, 2010 4:30 PM
To: John H. Schweitzer
Cc: haytham@puckettfaraj.com; Boyer Capt John F; Houtz Maj Pete D
Subject: RE: IRO Reconsideration hearing request

Sir,

The Government objects to any comment on confinement.  Commenting on
confinement is outside the scope of the appointing order and RCM 405.
Further confinement is a call for the Commanding Officer/IRO to make
based on their analysis of the evidence presented at any subsequent
confinement review hearings. 

V/r

-Capt Logan 

-----Original Message-----
From: Torresala Capt John W 
Sent: Monday, August 30, 2010 16:02
To: Logan Capt Gavin K
Subject: FW: IRO Reconsideration hearing request



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

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destroy any copy of this message.


-----Original Message-----
From: Boyer Capt John F 
Sent: Monday, August 30, 2010 15:53
To: John H. Schweitzer
Cc: haytham@puckettfaraj.com; Houtz Maj Pete D; Torresala Capt John W
Subject: RE: IRO Reconsideration hearing request

Sir,

The defense asks that you comment, in your report, on whether continued
confinement of SSgt Vega is appropriate and/or necessary based on the
evidence and testimony you heard at the Article 32 hearing.

V/R,

Capt Boyer

-----Original Message-----
From: John H. Schweitzer [mailto:John@cadivorcelaw.com] 
Sent: Thursday, August 26, 2010 9:57
To: Haytham Faraj
Cc: Maroudis Maj Socrates S; Boyer Capt John F; Johnson, Carrin QM2
NCBM; mariam@puckettfaraj.com; John@cadivorcelaw.com; Logan Capt Gavin K
Subject: Re: IRO Reconsideration hearing request

I am including Captain Logan in this chain as well.

Sent from my iPhone

STASSINOPOULOS & SCHWEITZER, APLC
591 Camino de la Reina, Ste 802
San Diego, California 92108
619.688.6505 work
619.688.3985 facsimile
www.cadivorcelaw.com
www.mymilitarydivorce.com


On Aug 25, 2010, at 17:59, "Haytham Faraj" <haytham@puckettfaraj.com>
wrote:

> Dear Maj Maroudis,
> 
> My formal request for a hearing is attached.  I have read Maj Hatch's
email.
> I recognize that I am probably inconveniencing you with this request.
This
> case demands your immediate attention.  I have cc'd the Article 32
hearing
> Investigating Officer in this case, Maj John Schweitzer at
(619)688-6505.
> I invite you to speak with him about the facts I have alleged for
> substantiation.  
> 
> 
> 
> Vrs,
> 
> 
> 
> Haytham Faraj, Esq.
> 
> PUCKETT & FARAJ, PC
> 
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> 
> <ltr requesting a rehearing.pdf>

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