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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


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