Mr. Faraj, If you would like to file motions, I propose you get them to me in the next day or two. Even so, we have to get the judge on board to schedule a 39(a) motions session, which will require his and your travel to Great Lakes (unless you propose doing motions on the first day of trial). Trial is less than two weeks away, so we need to move as fast as possible. The Government/ CA are strongly opposed to pushing this trial any later, but obviously the judge and scheduling issues may prevail. Please engage the judge and copy me. I hope to resolve this motion issue soon, as my paralegals are standing by to arrange travel for all witnesses (arrangements need to start now). In addition, with regards to any stipulations, will you please draft those and then forward to me? Looking forward to hearing from you ASAP. 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: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Saturday, April 10, 2010 9:01 To: Ray, Katherine S LT RLSO MW, GREAT LAKES Cc: Griffo, Joseph T LT NLSO MILL; Haytham@puckettfaraj.com Subject: Natividad witnesses and other matters LT Ray: Upon interviewing some of the witnesses last week, I have conclusion that I need to file two motions. I am writing to coordinate with you to see if you are amicable to setting a date and what those dates may be. I recognize that this may cause a delay in the trial. This was unforeseen. If we can’t agree then I’ll have to go to the judge and take my lumps. I will probably take some lumps even if we agree but it can’t be helped. Below is my response to your witnesses email. My comments are in blue. 1. LT Ross - At this time it is the Government's position that LT Ross is not a relevant or necessary witness. He has no personal knowledge of the facts in this case. He can only testify that he passed information given to him by SN Leamer to the RTC investigators. SN Leamer and the RTC Investigations will be available to testify at trial. His cell number is 252-628-9976. I will agree to a stipulation on him 2. FC3 Salter - The government has interviewed FC3 Salter, his cell number is 770-841-7902. A stipulation of fact may be a possibility for this witness. I definitely want him produced 3. SA La Bruyere - Will be provided. 4. SA Peterson - The government has interviewed SA Peterson. She has no personal knowledge of charged misconduct and therefore it is the government's position, at this time, that she is not a necessary or relevant witness. SN Leamer will be there to testify. Her cell phone number is 623-910-2585. No objection so long as you agree to telephonic testimony. 5. Chief Barraza - Will be provided. 6. MA1 Matias - Will be provided. 7. SA Brown - Will be provided. 8. SR Gonzalez - Have not been able to make contact. I believe the ship is underway. Do you have any other contact information for the ship? I have no other contact information. 9. SA Jansky - SA Jansky can testify that when he was in the office nothing inappropriate happened. However, he will also testify that there were many times he was not in the office when SA Dorion was because his job required him to be in the office significantly less than the other yeoman. He was the Master at Arms. The government would be willing to enter into a stipulation of fact with regards to this witness. His cell number is 860-514-1440. We will agree to telephonic or a stip 10. SA Martinez - Have attempted to reach her numerous times, but due to her deployed work schedule and time change in Iraq, there has been difficulty. At this point no contact has been made. If, after interviewing this witness, the Government finds her to be necessary and relevant, the Government would ask that she be able to testify telephonically. Does defense have any objection? No objection 11. SA Hernandez - Have attempted to contact her, however she has not returned any phone calls. Her cell number is 626-264-2826. 12. Senior Chief Crisp - Will be provided. 13. AECS Campbell - Have not been able to make contact. I have sent an email, however I have not heard back. I cannot get his phone numbers to work. Is there a DSN or alternative phone number? I will contact him and get back to you. He’s an essential defense witness on the merits and possibly in sentencing 14. AVCM Spaddy - Have left a message and sent an email, but AVCM has not contacted me. I have spoken to her. She is also an essential defense witness 15. LT Lucas - Sent an email, however I have not heard back. I’ve connected with him and he will get back to you. I will be on the West Coast 11-16 April. I will try to call you Monday to discuss scheduling. Are you available for a call between 1500 and 1530? Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN www.puckettfaraj.com <http://www.puckettfaraj.com/> 888.970.0005 Toll Free 202.280.1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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