CDR and Defense Counsel, After further discussions with SN Peterson's chain of command, TSC San Diego, the Government is objecting to the in person appearance of SN Peterson. She is currently stationed in San Diego, California and enrolled in a MK-45 MK2 course. According to her Chief, if she misses 4 consecutive days of class she will be dropped from the course. This will cause her to have to repeat the course and delay her arrival to her ship. Due to the Government's position that she is not a necessary or relevant witness because she has no personal knowledge of the charged misconduct, the hardship of her missing class, and the expense to the Navy, the Government objects to bringing her to Great Lakes, IL for trial. However, if the Judge does rule that SN Peterson is a necessary witness the Government requests that she testify telephonically. In addition, defense witness LT Ross, who is located in Newport, RI, is scheduled for back surgery on 22 April 2010 and will be on convalescent leave until 29 April 2010. The witness and the Government request that he be able to testify telephonically. Trial Counsel is available to discuss this issue further at an 802 this week or on Monday morning before motions. V/r, LT Ray --------------------------------- Katherine S. Ray LT, JAGC, USN Region Legal Service Office, Midwest Comm: 847.688.3805 Fax: 847.688.2481 DSN: 792.2480 **FOR OFFICIAL USE ONLY-PRIVACY SENSITIVE** This email, including any attachments, may contain information that requires protection from unauthorized disclosure. Do not disseminate this email, or its contents, to anyone who does not have an official need for access. Any misuse or unauthorized disclosure can result in both civil and criminal penalties.
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