Mr. Faraj, This is not a new rule, but rather a formalization of the process. Your request with the new evidence is not vectored through the trial counsel, but rather sent so that they can make a counterargument - consider it a CC. I had a reconsideration last week where the 'new evidence' was written statements by witnesses that had little, if no, bearing on the issue of pre-trial confinement. As for the legalities, I am just the IRO (not to pass the buck, mind you), and following the recommendations of base legal. Maj Hatch, Maybe you could weigh in on this. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, August 25, 2010 4:28 PM To: Maroudis Maj Socrates S; 'Johnson, Carrin QM2 NCBM' Cc: 'Plansky, John F CIV NCBM'; 'Correa, Kristen M. YN1 NCBM'; Boyer Capt John F; Hur Capt Christian P; Crosswell Capt Ryan R; Marshall Maj Meridith L Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega Maj Maroudis, I will, shortly, submit a letter to you with basis for a rehearing because I need to get my client released. This in no way suggests that I agree with the Government's unsupported new rule requiring me to submit a written argument to trial counsel. You have every right to ask for my new evidence. I will not, however, submit argument to trial counsel. I am thoroughly familiar with R.C.M. 305. There is nothing in the rule that requires me to disclose argument to trial counsel. I will provide you with the substantial new evidence that merits a rehearing. NOTHING in the MCM requires me to disclose argument to the trial counsel before hand to get their approval. You as the magistrate are empowered to grant the hearing. It is unconscionable that an accused is being denied the right to ask for a hearing that is granted by law unless he gives his argument to the trial counsel. Where did this new rule come from? I've never heard of it. Defense counsel in the Marine Corps are Marine Corps officers as well as officers of the court. They are bound by ethical rules and understand the law. When they ask from a rehearing it is because they have a good faith basis for it. No one would dare argue that if trial counsel asked for a hearing they would have to share argument with defense beforehand. The requirement that defense counsel must vector their requests for a hearing through trial counsel is an attack on the integrity of defense counsel. More importantly it is a denial of a statutory and constitutional to ensure that a confined accused gets a review from an independent officer without interference or influence from the government when new evidence requires such a review. An accused's owning unit is notified because the commander is the confinement authority, not the trial counsel. If the unit desires to send a trial counsel that's their business. Defense counsel, however, are not bound to notify trial counsel of anything. This case has not yet been referred to court-martial. If I had a judge to go to, I would. You are the only reviewing authority SSgt Vega has. Very respectfully, 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 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. -----Original Message----- From: Maroudis Maj Socrates S [mailto:socrates.maroudis@usmc.mil] Sent: Wednesday, August 25, 2010 6:12 PM To: Haytham Faraj; Johnson, Carrin QM2 NCBM Cc: Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D; Plansky, John F CIV NCBM; Correa, Kristen M. YN1 NCBM; Boyer Capt John F Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega Greetings Mr. Faraj, We had an issue come up recently concerning pre-trial confinement reconsiderations. Please read the below email from LtCol Daly for details. Accordingly, each side must present a written argument for or against the retrial, assuming that trial counsel opposes a reconsideration. Per the MCM, a reconsideration of the pre-trial confinement requires "SIGNIFICANT INFORMATION NOT PREVIOUSLY CONSIDERED." Draft your argument for a reconsideration, scan and email it to me and the trial counsel. If you can complete this by COB tomorrow, I will direct trial counsel to present a counterargument within 24 hours and hopefully, I can make my decision by COB Friday. If I determine that a reconsideration is appropriate, we will schedule it for sometime next week. Please keep your arguments succinct, preferably one page or less. And please remember, I am not a judge, so legalese may be lost on me. If trial counsel does not oppose a reconsideration, I am available on Friday afternoon. In that case, I would like to have all of the information on the case, both old and new to review prior to the hearing. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Daly LtCol Tracy A Sent: Tuesday, August 17, 2010 11:44 AM To: Maroudis Maj Socrates S; Hatch MAJ Douglas C Subject: FW: PRE-TRIAL CONFINMENT AND IRO HEARINGS 16 AUG 2010 Maj Maroudis, Please call Maj Hatch on this. He will provide you some further guidance. The bottom line is that - while this deals with legally technical issues - you as the IRO must determine whether to grant a rehearing. However, Maj Hatch can help you crystallize the issues and analysis. With that said, I recommend you direct defense counsel to submit a formal written request via the Trial Counsel for a rehearing, Require that the defense request include both a written legal argument on why the request is warranted and include advance copies of all supporting written documents that contain alleged "new" matters. Direct the government to prepare a written response to the request in an endorsement. Indicate that you will consider whether to conduct a rehearing after you've read both sides' written positions. After you get all the materials, read it through. If you do not believe the defense material constitute "significant" new matters that warrant reconsideration, inform the defense - in writing - that the request for reconsideration is denied. If, however, the materials raise concerns in your mind about whether continued pretrial confinement is warranted in the case, order a rehearing. Bottom line, this issue is becoming confusing for you because counsel are trying to do it piece meal and informally. Put them back in the box. There is no need to rush to a wrong answer. Again, Maj Hatch will assist you. s/f LtCol T. A. Daly Staff Judge Advocate MCAS Miramar (858) 577-6658 http://www.miramar.usmc.mil/WebPages/legal/legal%20home/legal%20Home.htm Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, August 25, 2010 2:23 PM To: 'Johnson, Carrin QM2 NCBM'; Maroudis Maj Socrates S Cc: Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D; 'Plansky, John F CIV NCBM'; 'Correa, Kristen M. YN1 NCBM'; Boyer Capt John F Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega QM2 Johnson. I request that we do this on Friday if at all possible. We have significant no evidence that was not available when the first IRO hearing took place. Please inform me today if the Brig can support this. If the Brig cannot support our request, please provide me the phone number and email of the Brig OIC or Commanding Officer. 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 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. -----Original Message----- From: Johnson, Carrin QM2 NCBM [mailto:carrin.johnson@navy.mil] Sent: Tuesday, August 24, 2010 5:44 PM To: Maroudis Maj Socrates S Cc: haytham@puckettfaraj.com; Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D; Plansky, John F CIV NCBM; Correa, Kristen M. YN1 NCBM; Boyer Capt John F Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega Sir, Captain Boyer is requesting a re-hearing for Pre-TP Vega at your convenience Sir. V/R QM2(SW) Johnson, Carrin, Michael Victim Witness Program Coordinator Sex Off. Notficiation Coordinator Parole and Release Dept Naval Consolidated Brig Miramar 46141 Miramar Way San Diego, CA 92145 PH: (858) 577-7067 FX: (858) 577-7143 DSN: 267-7067 carrin.johnson@navy.mil -----Original Message----- From: Boyer Capt John F [mailto:john.boyer@usmc.mil] Sent: Monday, August 23, 2010 17:51 To: Johnson, Carrin QM2 NCBM Cc: haytham@puckettfaraj.com; Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D Subject: Pre-Trial Confinement SSgt Nicolas Vega Petty Officer Johnson, On behalf of SSgt Vega, and per RCM 305, we are asking for an IRO rehearing to be scheduled sometime this week at a time convenient to the hearing officer and all of the parties. I'm available all day Thursday and Friday. Thank you, Capt John Boyer
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