That's interesting on the selective prosecution motion. Not a motion I have seen before on the military side. On the suppression motion, I do think there is an argument, but still believe its weak. On going forward, we probably should address this sooner rather than later, and my suggestion would be to discuss with LT Ray to see if she would be amenable first to working out an arrangement before we speak to the Judge. If not, then we should probably take it right to the Judge. I do not see why we cannot argue the motion 26 April just before trial. I'm interested to hear about your interview with Leamer. Sorry I could not reach you before the CLE course. Please feel free to call me when you are free afterwards. V/r Joe 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 recipient(s) and may contain unclassified, confidential, and/or privileged information. Any unauthorized disclosure, copying, or dissemination of this communication is prohibited. Any misuses or unauthorized disclosure can result in civil or criminal penalties. If you are not the intended recipient, please notify the sender by e-mail and delete all copies received. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Friday, April 09, 2010 8:12 To: Griffo, Joseph T LT NLSO MILL Subject: Natividad I interviewed Matias, Nursa, Barraza, Lowrey, Leamer, CMC Dodd, Chief Brown and of course our client. Leamer is believable but there's something she's hiding. We need to interview Dorion. I hve changed ny mind about the motions. I believe that we nay have a colirable motion to supress the statement and the phone record because he says he lawyered up. I'd like to discuss this with you and decide on the way forward. Also I believe there's a colirable argument for a motion of selective prosection. I discovered 3 instances of inappropriate behavior by RTC staff with recruits that were handled at Captain's Mast. Is there some racial bias here? I'd like to get your thoughts. I will be in a CLE today. I am free for the next 30 minutes or we can talk when I finish around 4. Haytham Faraj 760-521-7934 Sent from my iPhone
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