Gentlemen, I received the defense's response opposing the Govt's continuance request. Let's have a telephonic 802 on Thursday morning (29 July) at 0900 (CA time). I can be available Thursday afternoon if that time does not work. The Govt should be prepared to discuss members from outside of MCAGCC and both sides should be prepared to discuss trial dates beyond the 12-23 July time frame. At this point, I am not inclined to grant the continuance, but one may necessary regardless. I anticipate that a 39a (during the week of 5 July) will be necessary before the issue is resolved. R/ LtCol Rubin -----Original Message----- From: Rubin LtCol Peter R Sent: Friday, June 25, 2010 4:01 PM To: Gilinsky Capt David; Hur Capt Christian P; Wareham Capt Jason R; 'Faraj, Haytham' Subject: RE: US v Scarselli: Request for Continuance Gentlemen, I will be out of pocket next week - I may be in the office for a bit on Thursday. I've read through the Govt continuance request. My concern is that civilian defense counsel availability issues will prevent this case from going in Sept. While I'm inclined to grant a continuance in this case I think October is too far. I may approve the continuance depending on whether defense opposes (or not) and whether counsel can agree on dates. Otherwise, we will go to trial on 12 July and the CA will have to source the members from outside of MCAGCC. R/ LtCol Rubin -----Original Message----- From: Gilinsky Capt David Sent: Friday, June 25, 2010 12:25 PM To: Rubin LtCol Peter R; Hur Capt Christian P; Wareham Capt Jason R; 'Faraj, Haytham' Subject: US v Scarselli: Request for Continuance Gentlemen, Attached, please find the Government motion for a continuance of the currently scheduled trial dates. V/R Capt D. Gilinsky Trial Counsel Office of the Staff Judge Advocate 29 Palms, CA (760) 830-9077
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