RE: Wuterich Motions, etc.

[Gannon Maj Nicholas L]

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