| Judge Jones, Maj Gannon's understanding is consistent with ours. I have already been in contact with Maj Marshall, who has enthusiastically accepted the assignment, and is not standing on the protocol of her PCA move to Miramar to agree to begin work. We are satisfied with the arrangement. V/r,
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC Metro Area 703.706.9566
On Jun 16, 2010, at 10:53 AM, Gannon Maj Nicholas L wrote: Your Honor,
In response to your question about assignment of local counsel to the Accused: I have been informed the Major Meridith Marshall will be detailed to the case, as soon as she executes orders to MCAS Miramar where she is slated to be the Senior Defense Counsel.
It is my understanding that she will assume that billet at the end of this month. Therefore, I expect that Maj Marshall will be on the case by early July.
I hope this answers you question Sir, please advise if I can provide any further information.
Very respectfully,
Maj Gannon
-----Original Message-----
From: Jones LtCol David M
Sent: Wednesday, June 09, 2010 17:45
To: Gannon Maj Nicholas L; Neal Puckett
Subject: 802 Conference in Wuterich Case
Gents,
Please forward this to all other interested parties, particularly to Mr. Faraj. I am in Iwakuni and I do not have his email address here. I thought I sent out this email after our 802, but realized I had not. I'm doing so now. Now that it is almost 2 weeks later, I fear I may have something wrong. If there is something incorrect in this email, please let me know immediately.
On 28 May 2010 we had a telephonic 802 conference in the Wuterich case. In attendance were Major Gannon, Mr. Faraj and myself.
1. By mid-June (15 June) the defense was ordered to answer all of the government's motions that were timely filed previously.
2. We will still hold our Motions session in August.
3. There are two additional witnesses that the defense wants and Major Dinsmore (Mr. Dinsmore) is still an issue for the government. This will need to be litigated in August.
4. The defense discussed the following expert witnesses:
Dr. Braden = He was approved for 40 hours. The defense said they need 40 more hours. The defense is directed to put in writing what he has accomplished, how he has used his hours, how many are left and the justification for why they need 40 additional hours.
Dr. Thornton = 60 hours. The defense needs to tell the government how many hours he has expended and the status of any remaining hours requested.
Mr. Gripp = The government has no approval documentation. This witness is done with his preparation for trial, but the defense needs to see how many more hours he may need to testify. We need to litigate the admissibility of his testimony and or exhibits.
Dr Huff = Where is the approval documentation? Government will act quickly to approve or not approve as soon as they receive the info from the defense.
Bottom line = Defense needs to communicate, in writing, EXACTLY what is the status of all of their experts, including any new requests for further expenditures.
THE COURT ORDERS BOTH SIDES TO WORK DILIGENTLY TO ENSURE ALL WITNESSES ARE IN PLACE, ESPECIALLY EXPERT WITNESSES FOR THE SCHEDULED TRIAL DATES. THE PARTIES WERE PUT ON NOTICE OF THIS AT THE PREVIOUS SESSION OF COURT AND SINCE THEN. THE COURT DOES NOT INTEND ON GRANTING ANY CONTINUANCES TO THE TRIAL DATES.
5. Why has there been no assignment of military defense counsel to assist the defense? I realize that this is not a "Hutchens" issue where the defense is losing, shortly before trial, their defense counsel off of active duty. But I want a detailed counsel assigned by the military unless SSgt Wuterich, in writing, declares that he does not want one. When we get back on the record in August, we can take up any more "Hutchens" issues that may be out there. I believe the parties indicated that Major Meredith Marshall was being assigned to the case.
R,
LtCol Jones
|