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Fwd: FW: US v. Wacker: Defense Motion to quash subpoena



Chris,

When do we address the witnesses/discovery denials? Capt Day appears to believe that if something is not in his possession, then it is not in the government's possession (isn't there some rule of due diligence on the part of government to fulfill the defense's request?--this seems to be a systemic problem in military justice (i.e. having the TC approve/disapprove of all DC requests)). Also, does he expect a full transcript of what every character witness is going to say in order to get them to appear? Should we just give him a list of cross-examination questions (or can he do that on his own)?

The discovery request of the IG report (and other items) is important to the UCI issue. It doesn't seem like the TC should be the judge of relevance, when he is the advocate against it. I wonder if they ever actively preserved the hardware/software from the computers we had requested to be preserved.

S/F

Doug

p.s. Thanks for letting me vent.

-dsw

---------- Forwarded message ----------
From: Hur Capt Christian P <christian.hur@usmc.mil>
Date: Wed, Jul 7, 2010 at 1:52 PM
Subject: FW: US v. Wacker: Defense Motion to quash subpoena
To: Day Capt Evan S <evan.s.day@usmc.mil>
Cc: farajh@gmail.com, Hatch MAJ Douglas C <douglas.hatch@usmc.mil>


Gentlemen,

I'm available any day from the 19th of June until the 30th of June to have a 39a to litigate this issue.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.
 


-----Original Message-----
From: Sanzi LtCol Thomas J
Sent: Wednesday, July 07, 2010 13:47
To: Hur Capt Christian P
Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean; Day Capt Evan S; 'farajh@gmail.com'; Grisalesmery Cpl Alejandro
Subject: RE: US v. Wacker: Defense Motion to quash subpoena

Gentlemen,

If this is still an issue, we need to have a session of court to litigate the matter.  Come up with a mutually agreeable date by COB 8 July otherwise I will order a court session to deal with this.  Trial Counsel, I have not received anything from you yet.

r/s,
TS

-----Original Message-----
From: Hur Capt Christian P
Sent: Tuesday, June 29, 2010 17:56
To: Sanzi LtCol Thomas J
Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean; Day Capt Evan S; 'farajh@gmail.com'; Grisalesmery Cpl Alejandro
Subject: US v. Wacker: Defense Motion to quash subpoena

LtCol Sanzi (Sir),

This is an emergency motion in response to a subpoena notice by the trial counsel in this case today to obtain the attorney client protected emails of Captain Wacker.  Please see attached and below email chain.

Mr. Faraj and I, as well as Capt Wacker's other attorneys; communicate with Capt Wacker via his google email accounts and chat almost daily at times.  Now, the prosecutor is apparently attempting to subpoena all of Capt Wacker's emails from google.

As such, we move this that this subpoena be quashed under RCM 906 as it violates the attorney client communications and privilege that Captain Wacker holds with his attorneys under the JAGINST and Mil. R. Evid. 502 "a client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client...".

We specifically request that trial counsel be ordered by you to not execute on the subpoena until a 39a session is held to litigate this matter.  Thank you.


Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received this message in error.



-----Original Message-----
From: Day Capt Evan S
Sent: Monday, June 28, 2010 21:31
To: Hur Capt Christian P; 'farajh@gmail.com'
Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean
Subject: 18 USC 2703 notice US v. Capt Wacker

Gentlemen,

Please see the notice attached.

Very Respectfully,
Captain Evan S. Day
Senior 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.



--
Douglas S. Wacker
1719 Adams Ave
San Diego, CA 92116
858.401.9392

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