X, Up till 0030 this morning. Back up at 0530. H is at the computer finishing his motion re: loss of Colby and Haytham due to retirement as covered by Hutchins. Colby finally relented and we should be good to go with him, but he is still chafing about having to withdraw from the team based on the conflict at least temporarily, if not permanently. I think his pride is hurt. He has said at least half a dozen times, in an almost Zaid-esque sense, "I've told lots everyone I'm here for Wuterich." H thinks he's reluctant because he's taken money from the Marine Combat Defense Fund for the case (or perhaps worse, there's more coming). I think it's pure ego.Maj Nick Gannon is going to scream like a little girl when he's handed this motion this morning. A little girl. We're quoting Meg Ryan, who, in her CBS opinion says, "the government concedes that the delay created in taking this appeal and causing Wuterich to lose both of his detailed counsel prejudices the accused." The Hutchins court said no evidence of prejudice was in the record but "we presume prejudice." The main issue the govt is appealing to CAAF in Hutchins is whether there was any prejudice to Hutchins when his counsel left active duty and whether that should have been a factor that NMCCA considered before reversing his conviction. Here it's a matter of record, and H's motion amplifies that. Really. A little girl. Sometimes our work is more fun than it's supposed to be. LUL, N 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. |