Oorah? -----Original Message----- From: Selleck Capt Preston A Sent: Thursday, July 29, 2010 10:27 To: Sameit Capt Mark D; Kunce Capt Lucas Tyree; Kuhn Capt Angela G; Meyer Capt Aaron G; Baehr Capt James S; Harris 1stLt Matthew M; Ferriter Capt John L; Marshall Maj Meridith L; Crosswell Capt Ryan R; Schick Capt Jason S; Tafoya LtCol Patricio A Cc: Ellis Capt John E Y Subject: Spice Order Insight from Capt Ellis All: Capt Ellis wanted me to pass on this insight from an on-going contested Spice possession case up at Delta. If you have a client charged with use/possession under a 92 in violation of the MARFORPAC order: That order is signed by the Chief of Staff...not the general. The government had its troubles getting the order in and the issue we need to hound on is the authority of staff officers to promulgate general orders and the elements making a general order in fact a general order. They are currently in a 10 minute recess while the gov't tries to figure this one out. As a side note, the gov't also didn't take the time to authenticate the order through the G-1 at MARFORPAC. They brought in some corporal legal clerk from 1st CEB to testify it was a business record handed to him through like three other offices (MARFORPAC to Division to Regiment to CEB). The judge allowed it, but that's questionable and another area to put a fight up. V/R, Capt Selleck, Preston A. Defense Counsel Legal Team Delta Camp Pendleton, CA Office: 760.725.7718 Fax: 760.725.7360 Email: preston.selleck@usmc.mil ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. This communication is privileged as attorney work product and/or attorney-client communication or is protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior approval of the sender. In addition, this communication may contain individually identifiable information the disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5 U.S.C. §552a. Improper disclosure of protected information could result in civil action or criminal prosecution.
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