| Unavailable all day on 27 May, but Mr. Faraj can participate without me. Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC Washington DC Metro Area 888.970.0005 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On May 25, 2010, at 12:15 PM, Haytham Faraj wrote: Thursday at 1900 works. -----Original Message----- From: Gannon Maj Nicholas L [mailto:nicholas.gannon@usmc.mil] Sent: Tuesday, May 25, 2010 11:57 AM To: Haytham Faraj; Neal Puckett Cc: Sullivan LtCol Sean Subject: FW: Wuterich Motions, etc. Gentlemen, When are you free to conduct an 802? I am flexible. Will Thursday, 27 May 2010 at 1600PST (1900 your time) work? That will make it 0800 on the 28th in Japan. Thoughts? Very respectfully, Nick -----Original Message----- From: Jones LtCol David M Sent: Monday, May 24, 2010 22:48 To: Gannon Maj Nicholas L Cc: 'Haytham Faraj'; 'Neal Puckett'; Sullivan LtCol Sean Subject: RE: Wuterich Motions, etc. All Counsel, Defense, I hear nothing but radio silence. We need an 802 conference ASAP. Major Gannon, please arrange for an 802 Conference like we had last time. I am available this week, whenever. I have a judge alone contested case that starts Wednesday at 1300, so I can take time out of that trial on Thursday or Friday for a conference. I also have a sentencing case for a GCM 1300 on Friday. But, again, whenever you schedule the conference I can take a break in trial. We will discuss these issues and the way forward. My practice is to not allow any argument on any motion a party decides not to timely respond to. R, LtCol David M. Jones Circuit Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Tuesday, May 25, 2010 9:17 To: Jones LtCol David M Cc: 'Haytham Faraj'; 'Neal Puckett'; Sullivan LtCol Sean Subject: RE: Wuterich Motions, etc. Sir, Here is where we stand: I spoke with the defense counsel on 3 May 2010 regarding several matters. In the wake of the conversation, I drafted and sent an email requesting the following from the defense team: 1. I requested that they provide a list of their experts (both the witnesses, as well as any consultants) to me as soon as possible so that I could ensure that the contracting process is completed and that they were ready to testify. I received some of the witness names over the telephone, but nothing in writing, or any statements of work, or any indication of the amount of time/hours they were requesting for each witness. 2. I also gave the defense an opportunity to provide the government additional justification for any lay witnesses they believed that we had denied improperly. I advised the defense team that I would consider any additional justification they provided for the witnesses we denied in terms of their relevance and materiality, and I further indicated that I would answer any written request with a written response. 3. Finally, I reiterated the government's position that the defense should file a written response to the motions filed on 26 April 2010. I have not received a response from the defense team on the above issues Your Honor. I believe that we should probably hold an 802 conference in the near future in order to discuss the status of the case Sir. The Government is available anytime for an 802. Very respectfully, Maj Gannon -----Original Message----- From: Jones LtCol David M Sent: Friday, May 21, 2010 17:02 To: Gannon Maj Nicholas L Cc: Haytham Faraj; Neal Puckett; Sullivan LtCol Sean; Plowman Maj Donald J Subject: Wuterich Motions, etc. Counsel, Please give me an update on the processing of the case. As I recall our last email, the parties were attempting to solve things so that we didn't need a motions session a few weeks ago. I was to be informed. I have not been. Has military counsel been appointed? I think we took care of the "Hutchens case" issue (regarding a counsel PCSing or EASing) at the last session of court. If we didn't discuss it sufficiently, we can do so at the next court session. R, LtCol David M. Jones Circuit Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 |