RE: Motions ICO U.S. v. Wuterich

[Haytham Faraj [mailto:haytham@puckettfaraj.com]]

Your honor:
I continue to maintain that it is unnecessary to hold the 13 and 14 May 39a.
I will respond to their motions as soon as practicable. I just completed a members trial on Friday and am starting another tomorrow.  Before that I was in back to back hearings that did not allow me sufficient time to draft a response.  As I said in my previous email, I intend to work directly with trial counsel on the witness production issue.  Where we are unable to reach agreement, I propose we send it to you for a final decision.  This can be done via email and telephonic 802. We can do that sometime in late May.  

I will also resend our expert requests.  We relied on our previous requests because this court-martial was never adjourned and the charges were never dismissed.  I understand that it has been a while.  Accordingly, we will resend our requests.  Our position however, is that we are not bound by the contracting process.  Experts are producible as a matter of law and were granted based on a factual showing of necessity and relevancy.  I am not sure how the lack of an existing contract in 2010 requires us to go through the request process again to show materiality and relevancy.  In short, we're all familiar with U.S. v. Warner.  If the Government has one, then we get one.  

I agree with Maj Gannon that there may be an issue that requires litigation with respect to the CBS outtakes.  This is a matter that can be resolved in August.  It's a legal question that will require little or no logistical work, as I believe all 8 outtake CDs are available.

I will speak to Maj Gannon by telephone tomorrow, Monday April 2.  I will report back on progress as soon as we're done.

Vrs,
Haytham Faraj

-----Original Message-----
From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil]
Sent: Tuesday, April 27, 2010 8:56 PM
To: Gannon Maj Nicholas L; Neal Puckett
Cc: Haytham Faraj; Sullivan LtCol Sean; Vokey Colby; Mark Zaid S.; Sullivan LtCol Sean
Subject: RE: Motions ICO U.S. v. Wuterich

Defense,

Your response?

R,

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