Sir, Through the SJA, we have tried to appeal to a sense of civic duty across Pendleton, MWTC and Yuma. Being slightly more cynical about how many field grade officers have a barely restrained urge to get some TAD in 29 Palms, I think the main effort will be our meeting with the Chief of Staff this Friday. Hopefully I should be able to get a solid indication whether he believes it is feasible, and either pull the trigger on the continuance, or fully commit on Friday. I'll keep all parties informed based on the results. Thank you. V/R Capt D. Gilinsky Trial Counsel/Legal Assistance Attorney Office of the Staff Judge Advocate 29 Palms, CA (760) 830-9077 -----Original Message----- From: Rubin LtCol Peter R Sent: Wednesday, June 23, 2010 14:59 To: Gilinsky Capt David; Hur Capt Christian P; Wareham Capt Jason R; 'Faraj, Haytham' Subject: RE: Scarselli Letter Capt Gilinsky, I received the copy of the grant of immunity/order to testify ICO Capt Beck . Thank you for confirming that all PMO personnel have been briefed by Major Jones WRT the CG's letter. The Scammen MPO was a prudent course of action. I can't say I'm pleased about a possible continuance but I understand the many logistical issues related to this trial, particularly the likely need for field grade members outside of 29 Palms. When will you make the decision as to whether a continuance will be requested? Capt Hur / Mr. Faraj, What is the defense position WRT a continuance understanding that one has not yet been requested? R/ LtCol Rubin -----Original Message----- From: Gilinsky Capt David Sent: Wednesday, June 23, 2010 1:20 PM To: Rubin LtCol Peter R; Hur Capt Christian P; Wareham Capt Jason R; 'Faraj, Haytham' Subject: Scarselli Letter Sir, Per your instructions, a certified true copy of the CG's letter to the Provost Marshal's Office has been attached as the next exhibit in order in the record. All Marines and civilian personnel at PMO have been briefed by Major Jones, the provost Marshal. I was able to confirm accountability this morning. MSgt Scamman, as indicated previously, is currently on PTAD away from the Provost Marshal's Office. (On the East Coast.) There is an MPO in place directing him to refrain from contacting any member of PMO except Major Jones, and he is set to go on leave from 28 June to 28 July without checking back into PMO. (The MPO will remain in effect.) In regards to the letter itself, I understood your instructions on the contents of the letter, potential movement of MSgt Scamman, and input by the defense counsel to be suggestions. As such, I felt that it was more important to have the remedial action taken as soon as possible rather than risk delay over the actual terminology of the letter. Attached to this email, please additionally find the grant of immunity and order to testify for Capt Beck, provided by 4th MLG. The final issue to be raised is that I will likely request a continuance in this case (already communicated to defense counsel) due to issues sourcing field grade officers from outside 29 Palms. Due to the nature of the Accused's position, there are few officers who can outright be said to have little significant contact with him. Additionally, the two major sources of field grade officers on base are compromised, and Col Green, who will be a witness in this case, has moved from the 7 shop to become OIC of MVSD which oversees the various training groups. HQBN has definitively come back this morning with a negative answer regarding their ability to source 10 field grade officers. (A minimum number to mitigate the possibility of quorum issues.) The SJA has taken this up with the Chief of Staff, however, we currently have three visiting generals on deck for the week and it does not appear likely to receive much attention before next week. Given the sheer logistical issues posed by 60 odd witnesses, many of whom are not local, outside members, and a civilian defense counsel who will have to fly out for the trial, prudence dictates that although the govenrment would like to see this trial go on the scheduled dates, and is making every effort to ensure suck, it cannot be guaranteed at this point. Having spoken with Mr. Faraj, I understand that his current trial schedule may force this continuance to late September or October. The government will agree to whatever dates the defense can support. V/R Capt D. Gilinsky Trial Counsel/Legal Assistance Attorney Office of the Staff Judge Advocate 29 Palms, CA (760) 830-9077
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