Gentlemen, I have a couple of issues regarding witnesses that I'd like to see if we can resolve without litigation. One is that Susan Minamizono, who the defense has requested, has a baby due shortly before the trial dates. I'd like to arrange some kind of alternative to testimony for her, and I'm open to reasonable suggestions as there are multiple alternatives with the consent of both parties (stipulation, phone testimony, affidavit, deposition, etc.). If we can't agree on anything, then I will probably submit a motion for a deposition. The second issue relates to character witnesses. As you probably recall, I denied the vast majority of the character witnesses in the defense witness request. I'm going to reiterate what I said in my original response and state that the government is willing to re-evaluate the request for production of a reasonable number of character witnesses, provided that the defense provides an adequate proffer showing, among other things, current (and verified) contact information, that the defense has actually contacted these witnesses (or made diligent efforts to), some evidence that they would testify as proffered (e.g. statement from the witness), and some explanation for why particular witnesses are not cumulative with other witnesses. I'm assuming that you will be filing some sort of motion to compel witnesses, so we can probably avoid some time litigating the issue. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1887 DSN: 312-267-1887 Fax: 858-577-1734 Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. 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 sender and delete or destroy any copy of this message.
Attachment:
smime.p7s
Description: S/MIME cryptographic signature