I am stuck in a hearing through tomorrow. I can handle the suppression motion, but do not know all of the facts. I will send you the motion from what I understand it, and please feel free to tweak from there.
I assume the plan is to still push for delay on Monday with the Judge. I think we can get it if you want it. I just spoke with Katie, and she is operating now as if we are going on 26 April, but is anticipating delay is going to happen if we make the push.
Again - I will send you the suppression motion Saturday night. Thanks Haytham!
V/r
Joe
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Friday, April 16, 2010 10:15
To: Griffo, Joseph T LT NLSO MILL
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
We'll try to work through it Monday. I need your assistance with the suppression motion. I'll take care of the selective prosecution. Don't write a long brief. Our issues are as follows:
1. Whether the Chiefs statements and all evidence obtained as a consequence of those statements are admissible when he invoked his right to an attorney by saying "I want to avail myself of one"
2. I am no longer clear on whether they have his cell records. I though the phone records were his. I they are then they should be suppressed because he did not consent to the search.
The judge knows the law. Cite to a couple of cases on point and let's leave the bulk of the work for the court.
-----Original Message-----
From: Griffo, Joseph T LT NLSO MILL [mailto:joseph.griffo@navy.mil]
Sent: Friday, April 16, 2010 10:33 AM
To: haytham@puckettfaraj.com
Subject: FW: U.S. v. Natividad: Request for Delay & 802 Conference
Haythem,
I get the impression from his e-mail that not being "inclined" means that if you insist Monday for delay, he will grant it. I am still going to operate under the assumption that delay will be granted, but am ready to proceed if we are going 26 April. At the conclusion of the call Monday, if we are going to trial, we need to finalize witness items with Katie.
If you want to talk today, please feel free to call my cell. I am in Chicago now for a case, but should be available at various different points.
V/r
Joe
-----Original Message-----
From: Thomas Fichter [mailto:fichtom@yahoo.com]
Sent: Friday, April 16, 2010 9:20
To: Ray, Katherine S LT RLSO MW, GREAT LAKES
Cc: Pennix, Elisabeth H LT RLSO MW; Haytham Faraj; Griffo, Joseph T LT NLSO MILL
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
To all counsel: I am not inclined to grant any further delay of the case.
Defense motions/ briefs should be filed by Monday. Government reply by Thursday. Motions can be argued the following Monday before trial. We can further discuss this matter during Monday's 802. r/ CDR Fichter
----------
Sent from my Verizon Wireless mobile phone
------Original Message------
From: Ray, Katherine S LT RLSO MW, GREAT LAKES <katherine.ray@navy.mil>
To: "Thomas Fichter" <fichtom@yahoo.com>
Cc: "Pennix, Elisabeth H LT RLSO MW" <elisabeth.pennix@navy.mil>,"Haytham
Faraj" <haytham@puckettfaraj.com>, "Griffo, Joseph T LT NLSO MILL"
<joseph.griffo@navy.mil>
Date: Thu, Apr 15, 1:48 PM -0400
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
Sir,
As Defense has indicated, the Government does oppose any further delay.
This case has been referred since December 2009 and the command is anxious to get a resolution in this matter. One of the victims has orders to leave the Great Lakes area on 15 May 2010 and any legal hold to accommodate defense request could result in the loss of her orders.
Therefore, trial counsel proposes that defense counsel get their motions to the Government by COB Friday, 15 April and Government will respond by COB Wednesday, 21 April. This way motions can be argued 26 April, the trial could begin 27 April and no further delay would be required. However, if this course of action is not tenable, the Government is available to go to trial 19-21 May per defense request.
Please advise as to which course we should take in this matter with respect to this continuance request. Witness travel arrangements for 26 April have been put on hold and all are standing by for your decision on this continuance request. Thank you kindly for your attention.
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.
-----Original Message-----
From: Griffo, Joseph T LT NLSO MILL
Sent: Thursday, April 15, 2010 11:48
To: 'Thomas Fichter'
Cc: Ray, Katherine S LT RLSO MW, GREAT LAKES; Pennix, Elisabeth H LT RLSO MW; 'Haytham Faraj'
Subject: U.S. v. Natividad: Request for Delay & 802 Conference
Sir,
After speaking with civilian counsel Mr. Faraj, and in light of newly discovered evidence, the Defense will be requesting delay to our trial date on 26 April. The Defense believes there exist reasonable grounds to bring 2 significant motions: Selective Prosecution and Suppression of Evidence.
The Defense spoke with Trial Counsel this morning. Trial Counsel will be opposing this request. However, the Defense spoke with Trial Counsel about potential dates should delay be granted. The Defense will be requesting
19-21 May for trial, and leaving the 26 April date open for motions argument.
Additionally Sir, due to this request for delay, and assuming the Court grants the request, this will result in my inability to remain on the case due to military orders sending me to Iraq. I spoke to civilian counsel and the client about this, as well as my chain of command. I expect to be released from the client assuming the delay request is granted, and my command is ready to appoint new counsel to assist Mr. Faraj going forward.
Finally, for the 802 conference, Defense and Trial Counsel will call you at 1300 CENTRAL on 19 April 2010.
Very Respectfully,
Joseph T. Griffo
LT, JAGC, USN
Naval Legal Service Office North Central Branch Office Memphis
5722 Integrity Dr
Millington, TN 38054
Phone - Commercial - (901)874-7379
Fax - Commercial - (901)874-5078
FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE
NOTICE: This e-mail communication is for the sole use of the intended
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