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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

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