ALCON, Here's a summary of our conference call this morning: - Counsel agreed on trial dates of 1-9 November and 39a motions session dates of 8-9 July and 29-30 September. - TC will submit request to docket arraignment late afternoon of 17 June, due to CDC appearance at motions session at 29 Palms on 16-17 June. - DC will submit request for continuance of arraignment with excludable delay from 3 June to 17 June. - Counsel will negotiate remaining trial milestones (witness requests, motions deadlines, etc.) via email prior to 17 June. Although we did not specifically address this in the conference call, I propose that the first 39a session be used primarily to address witness, expert, and discovery issues due to the compressed time frame. I also propose the following milestones prior to the first motions session: -Gov't discovery, reciprocal discovery, witness and expert requests due: 17 June (We have a GCM trial at Miramar 21-25 June). -Responses due: 28 June -Motions due: 30 June -Motions responses due: 6 July 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. -----Original Message----- From: sean.sullivan@cox.net [mailto:sean.sullivan@cox.net] Sent: Thursday, May 27, 2010 18:46 To: Haytham Faraj; Day Capt Evan S Cc: Haytham Faraj; Hatch MAJ Douglas C; Hur Capt Christian P Subject: Re: ICO U.S. v. Wacker All, I'm also available tomorrow at 0900 for conference call. My cell is 773 562 3090 s/f LtCol Sullivan ---- Haytham Faraj <farajh@gmail.com> wrote: > Capt Day, > Let's discuss trial milestones and a trial date tomorrow if you're > available. I am available after 0900 your time. > > Haytham Faraj > 760-521-7934 > Sent from my iPhone > > On May 27, 2010, at 7:47 PM, "Day Capt Evan S" <evan.s.day@usmc.mil> > wrote: > > > Gentlemen, > > > > If you're not ready to work out trial dates yet, please send in a > > request for excludable delay until a suitable date in mid-June. > > Once we've had a chance to get all parties together to work out > > trial dates (either in person or by conference call), then we can go > > ahead and either send in an MFD or set up an arraignment. Again, as > > Maj Hatch said, we're happy to work out dates ahead of time, and > > take a little bit of extra time to do so if necessary, as long was > > we can get the delay excluded. > > > > 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. > > > > -----Original Message----- > > From: Hur Capt Christian P > > Sent: Thursday, May 27, 2010 15:42 > > To: Hatch MAJ Douglas C; Day Capt Evan S; 'Haytham Faraj'; > > 'sean.sullivan@cox.net ' > > Cc: farajh@gmail.com > > Subject: RE: ICO U.S. v. Wacker > > > > Gentlemen, > > > > I'm out on leave until 11 June. Mr. Faraj will be back in California > > during mid-June too. > > > > Thank you for letting us know about the conversation. > > > > Christian P. Hur > > Captain, USMC > > Senior Defense Counsel > > Telephone: (619) 524-8713 > > Fax: (619) 524-6784 > > Address: Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San > > Diego, CA 92140 > > > > This email may contain Attorney Work Product. Please delete if you > > received this message in error. > > > > > > -----Original Message----- > > From: Hatch MAJ Douglas C > > Sent: Thursday, May 27, 2010 10:24 > > To: Day Capt Evan S; 'Haytham Faraj'; 'sean.sullivan@cox.net'; Hur > > Capt Christian P > > Subject: RE: ICO U.S. v. Wacker > > > > Gentlemen, > > > > Capt Wacker attempted to engage me in conversation this morning > > during an all-hands "safety fair." As I was waiting in line at a > > booth, he asked how I was doing, and I said fine (it was as I was > > saying this that I noticed Capt Wacker was the one who had just > > greeted me). Some time passed, then he asked if my wife was still > > working at the US Attorney's office, and I replied "she is." > > > > I presume Capt Wacker is unaware that I am the MJO at Miramar, and > > am likely to be an attorney of record during his court-martial. I > > did not inform him of this given the public forum--we were both > > standing in line at a booth, surrounded by several Marines. Given > > the nature of the brief contact we had, and my responses, I did not > > feel it necessary to let him know he shouldn't be talking to me. > > And Again, I did not want to reference his pending trial in front of > > the many junior Marines standing near us. > > > > I am informing you of this solely out of the professional obligation > > to do so, and again, I presume Capt Wacker was not aware that I am > > likely to be assisting in the prosecution of this case. Please let > > him know so that this doesn't happen in the future. Thanks. > > > > **BREAK** > > > > Please advise whether you want to set trial dates through a motion > > for docketing or whether we will need to do an arraignment. It's > > immaterial to us. However, docketing requests for the week of 7-11 > > June are due COB this Friday, because of the holiday schedule. We > > are happy to try to arrange trial dates ahead of time, but again, we > > need to do so before COB Friday if we are going to set trial dates > > via an MFD. I'd like to set up a conference call ASAP to discuss, so > > please let me know your availability. Thanks. > > > > S/F > > > > Major Doug Hatch, USMC > > Military Justice Officer > > 3d Marine Air Wing & MCAS Miramar > > (858)577-6859 > > > > -----Original Message----- > > From: Day Capt Evan S > > Sent: Wednesday, May 26, 2010 17:10 > > To: 'Haytham Faraj'; Hatch MAJ Douglas C; 'sean.sullivan@cox.net'; > > Hur Capt Christian P > > Subject: ICO U.S. v. Wacker > > > > Gentlemen, > > > > Please find attached the referred charge sheet, convening order, and > > Article 34 advice letter in the subject case. > > > > 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.
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