RE: Motions ICO U.S. v. Wuterich

["Jones LtCol David M" <david.m.jones5@usmc.mil>]

This is a multi-part message in MIME format.

Counsel,

I am not aware of my previously litigating witness issues via an 802 conference.  I certainly didn't anticipate doing that in this case.  

The government is still concerned with:
	1.  The defense answering the motions so they know if the defense will be objecting under MRE 106;
	2.  The denial of defense requested witnesses;
	3.  What expert witnesses have been approved and if there are contracts in place to fund them.
Numbers 2 and 3 are of most concern to me.  It was my understanding that we would have all of the expert witness issues cleared up so that we could litigate or not on 13-14 May.  The defense thinks the experts have been granted, the government isn't sure.

My concern is that on 26 April 2010 motions should have been filed by the defense for any experts or witnesses.  They were not.  Based on Mr Faraj's email, I must assume that the defense is not just gaffing off the court and that they believed these issues to have already been solved.  But I need the parties to communicate better.  

Per the defense's assertions that there are no expert or other scientific type issues that needed to be litigated, THERE WILL BE NO COURT SESSION NEXT WEEK.  However, please put this issue to rest between the two parties.  I do NOT want to reward people for missing judicially-ordered deadlines, but if I need to come out earlier than August to litigate something (in June or July), I need to know as soon as possible.  As all parties are aware, I am the only judge in my area of responsibility and need as much notice as possible for the busy docket here.  I was quite clear on the record that I do not want anything to interrupt our trial schedule, for everyone's sake.  With so many moving parts, and counsel coming from all over, both parties need to be able to plan on those firm trial dates.  

Mr. Faraj, thank you for reporting back to me after your conversation with Major Gannon.

R,

LtCol David M. Jones
Circuit Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035