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RE: My Hutchins motion



Thanks for letting me have the digits on that in case I ever need to file a similar motion.

I think that if Hutchins is upheld on appeal, then your Vokey argument is actually much more persuasive than Hutchins ever was simply because of the level of experience and caliber of attorney LtCol Vokey (the RDC at the time and senior member of Hutchins's defense team) is as compared to Capt Bass (some first tour Captain, and the junior member of Hutchins's defense team).


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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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Friday, August 27, 2010 7:41
To: jhlowiv@aol.com; 'Megan Tankersly'
Cc: Hur Capt Christian P
Subject: My Hutchins motion

The strongest argument is within the law.  It?s almost mathematical.  RCM 506a provides an absolute right to ?detailed? AND ?civilian counsel?  RCM 505(d)(2)(B) states that once AC forms it cannot be severed except for good cause.  U.S. v. Baca defines good cause as extraordinary circumstances.  U.S. v. Hutchins says are you fucking kidding me?  You really want to me to believe that EAS is an extraordinary circumstance?  EAS is a very common occurrence and therefore not an extraordinary circumstance.  AC cannot be severed by mere departure from the military.  I think that is the strongest argument available and one that can only be remedied by a dismissal of the charges.  U.S. v. Lewis calls for dismissal because when the government improperly achieves an unlawful objective ?removal of an effective counsel would be improper- the only remedy is dismissal.

 

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