US v. Jenkins: Request for Clarification of Court Rules

["Dubbeling, Paul M. MAJ USA (82D SBDE, SJA)" <paul.dubbeling@afghan.swa.army.mil>]

Sir,

As it has been an issue in other cases and in this case, the Government
requests clarification as to what documents are properly forwarded to
the Court by both trial and defense counsel.

In this case, the Defense has sent to the Court its requested witness
list and also statements obtained during its own pretrial preparation.
These statements are on DA Form 2823 but are attested by a Defense
paralegal.  These statements are themselves inadmissible and give the
appearance of impermissible bolstering of the Defense theory of the case
before the Court.  The Government, of course, agrees that the witness
list and such statements are properly provided to the trial counsel
pursuant to RCM 701(b)(1), but urges that forwarding to the Court should
be reserved for official motions in which the admissibility and
evidentiary value of such statements is properly subjected to the
adversarial process.  Additionally, the Government recognizes that its
own disclosures under Rule 304 should be limited to disclosure to the
defense counsel.

The Government respectfully requests clarification as to what documents
will be submitted to the Court directly and that the Court not consider
any documents previously submitted not within the purview of that
guidance.

Respectfully,
MAJ Dubbeling

MAJ Paul Dubbeling
Brigade Judge Advocate
82nd Sustainment Brigade
DSN: 318-431-3305
SVoIP: 302-431-5176
Roshan:  0799773584
NIPR: paul.dubbeling@afghan.swa.army.mil
SIPR: paul.dubbeling@afghan.swa.army.smil.mil


-----Original Message-----
From: Craver, Stacy L Ms CIV USA FORSCOM
[mailto:stacy.carkeet@us.army.mil] 
Sent: Thursday, May 13, 2010 4:37 PM
To: Nance, Jeffery R; McCarthy, Amy H. CPT USA (82nd SB - Trial
Counsel); Dimuro, Rebecca N. USA CPT USA OSJA TDS
Cc: haytham@puckettfaraj.com; Dubbeling, Paul M. MAJ USA (82D SBDE,
SJA); Parrish, Patrick J COL MIL USA FORSCOM; Falke, Susanne C CIV DEU
USA
Subject: RE: US v. Jenkins - change of venue

Please note that Colonel Parrish's e-mail address on the prior messages
is incorrect.  I have forwarded the previous e-mails to him.

For all future correspondence, please use:  Patrick.parrish@us.army.mil

Stacy Craver
Lead Court Reporter/Clerk of Court
XVIII Airborne Corps and Fort Bragg
Fort Bragg, NC 28310
stacy.craver@us.army.mil
910-396-6373

-----Original Message-----
From: Nance, Jeffery R COL USF-I SJA Chief Court Justice, 5th JC
[mailto:jeffery.nance@iraq.centcom.mil] 
Sent: Thursday, May 13, 2010 07:00
To: McCarthy, Amy H CPT USA 82nd SB - Trial Counsel; Dimuro, Rebecca N
USA CPT USA OSJA TDS
Cc: haytham@puckettfaraj.com; Dubbeling, Paul M MAJ USA 82D SBDE, SJA;
Craver, Stacy L Ms CIV USA FORSCOM;
patrick.j.parrish@kuwait.swa.army.mil; Falke, Susanne C CIV DEU USA
Subject: RE: US v. Jenkins - change of venue

No problem with trying the case at Bragg.  Makes sense at this point. 

Please send all materials, including every document you each have sent
to me in the case, to the clerk of court (Ms. Carver) who is CCd above.
COL Parrish will assign the case to a judge.

COL Nance 

-----Original Message-----
From: McCarthy, Amy H. CPT USA (82nd SB - Trial Counsel)
[mailto:amy.mccarthy@afghan.swa.army.mil] 
Sent: Wednesday, May 12, 2010 7:22 PM
To: Nance, Jeffery R COL USF-I SJA Chief Court Justice, 5th JC; Falke,
Susanne C CIV DEU USA
Cc: Dimuro, Rebecca N USA CPT USA OSJA TDS; haytham@puckettfaraj.com;
Dubbeling, Paul M MAJ USA 82D SBDE, SJA
Subject: US v. Jenkins - change of venue

Sir, 

 

The Government is requesting a change of venue in this case.  Currently,
the majority of potential witnesses are state-side and most are
deactivated Reservists.  We are requesting that this case be moved to
Fort Bragg where our GCMCA is located.  A review of the current docket
shows the first available trial date there on 21 June.  

 

We have discussed with Defense and, subject to potential issues in
scheduling, they are not opposed to the move.

 

Sir, subject to your guidance we will submit an EDN to the Judge at Fort
Bragg.    

 

V/R 

Amy H. McCarthy 
CPT, JA 
Trial Counsel 
Task Force Provider 
82nd Sustainment Brigade 
Bagram Airfield, Afghanistan 

NIPR: amy.mccarthy@afghan.swa.army.mil 
SIPR: amy.mccarthy@afghan.swa.army.smil.mil 

DSN: 318-431-4808