Haytham, Please direct a formal written request with any substantiating evidence which corroborates the claims in your below email to the Commanding Officer who initially placed SNM in confinement. As you are aware, the pretrial confinement decision is Commander's call and thus it seems that you are requesting reconsideration based upon alleged new evidence. A formal written request to CO via trial counsel will ensure we have a professional paper trial on this matter. s/f-Sean LTCOL Sean M. Sullivan, USMCR Staff Judge Advocate, MCRD 3700 Chosin Ave, Building 12 San Diego Ca 92140 (O) 619 524 4104 DSN 524 4104 (BB) 619 302 2145 -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Wednesday, August 25, 2010 14:41 To: Sullivan LtCol Sean Cc: Houtz Maj Pete D; Logan Capt Gavin K; Boyer Capt John F Subject: Vega pretrial confinement Sean: During the Article 32 hearing yesterday several evidentiary matters were discovered or became clear. 1. At the time of the decision to confine Vega, the command was under the mistaken belief that he had taken a life insurance policy on the life of the accuser. That is NOT true. The life insurance policy had the girl's mom as the beneficiary. Mom claimed that her daughter told her it is Vega. She still believes that. 2. Yesterday the accuser also admitted that she told him that she took the gun. She claims that she only said that to piss him off. When pressed, she also admitted that she told the family counselor at MCRD that she took the missing gun. 3. Her claim that he threatened her with the gun was thoroughly impeached. She testified yesterday that Vega threatened her with the same gun. She told NCIS that the incident happened in the Spring of 2009. That is impossible. The gun disappeared by her own hand on June 17, 2008. She admitted that Vega continued to ask her about his gun well into 2009. He couldn't have threatened her with a gun that he continuously asked her about. 4. Finally, There has been no contact between Vega and is accuser since late 2009. Confining him in June of 2010 is simply unfair. You would never make that decision if you were the CA. The facts to justify confinement simply do not exist. Even the IO wondered why he was in confinement. I am not commenting on the charges. We will deal with those as they come. The facts that initially counseled for confinement simply do not exist. I respectfully request that the command release SSgt Vega. I have requested an IRO hearing. I feel, however, that spending even one extra night in jail would be patently unfair. 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 <http://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.
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