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 FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties. The information contained in this message is privileged. It is intended only for the individuals or entities addressed or their designees. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the originator and delete or 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 > > _______________________ > > WASHINGTON DC METRO > > 1800 Diagonal Road > > Suite 210 > > Alexandria, VA 22314 > > 703-706-0442 Phone > > > > DETROIT METRO > > 6200 Schaefer Road > > Suite 202 > > Dearborn, MI 48126 > > 313-457-1390 Phone > > 202-280-1039 Fax > > > > <http://www.puckettfaraj.com/> www.puckettfaraj.com > > > > 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. > > > > <ltr requesting a rehearing.pdf>
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