Counsel: We need to schedule an 802 on subject motion, with a view
to scheduling a 39a if necessary. I have not received the defense
response, but was advised yesterday at docket call that 1) the
defense does not object to the deposition, but 2) would object to
the admission of the deposition at trial.
In the interests of judicial efficiency, I am reluctant to forge
ahead with an order for a deposition in Baghdad with CDR Carlos as
deposition officer absent a resolution of whether the deposition is
ultimately admissible at trial. If the deposition were not
ultimately admissible at trial, it appears to me possible that this
case may be tried in Baghdad if either side seeks the alleged
victim's testimony. If this case is going to be tried in Baghdad,
we need to know that now, rather than later.
TC: Please coordinate a time as soon as possible this week that we
can have a telephonic 802 to resolve the way ahead. I am available
this week with these exceptions.
Wednesday: unavailabe from 1300-1400 EDT.
Thursday: I'm traveling to DC for classified document review in my
OMC case, and will be on the road from 0630-0930 and again from
1400-1700. Other than that, my schedule is flexible while I'm there.
Look forward to talking to you sometime shortly,
r/
Moira Modzelewski
CAPT, JAGC, USN
Circuit Judge
Navy-Marine Corps Trial Judiciary Central Circuit
Norfolk, VA
757-444-3733
DSN 564-3733
-----Original Message-----
From: Kadlec, Nicholas J LT RLSO MIDLANT, Norfolk
Sent: Monday, March 08, 2010 15:28
To: CENTRAL CIRCUIT CLERK OF COURT
Cc: Cook, Karla R LNC JUDACT, NORFOLK; Lemons, Sabrina M HT2 NLSO;
Veit, Sandy A LNC RLSO MIDLANT, Norfolk; Modzelewski, Moira D CAPT
NAVMARTRIJUD, CENTRAL JUDICIAL CIRCUIT; 'Neal Puckett'; Faraj
Haytham; Shea, Kevin D LT NLSO, MIDLANT; Anastos, Kristen LT NLSO,
MIDLANT; Grover, Jason S LCDR RLSO MIDLANT, NORFOLK; Haefner, Erin R
LT RLSO, MIDLANT; Bradbury, Lakin LN2 RLSO MIDLANT, Norfolk
Subject: U.S. v. KEEFE -- FILING: GOV'T MOTION FOR DEPOSITION (8 MAR
10)
Chief Cook:
Good afternoon. Attached for filing, please find a government
motion for deposition (with enclosures and proposed order). The
signed originals have been delivered to your office. Thank you.
R,
Nicholas J. Kadlec
LT, JAGC, USN
Trial Counsel
Region Legal Service Office Mid-Atlantic 9620 Maryland Ave, Suite
201 Norfolk, VA 23511-2939
Comm: 757-444-5201
DSN: 564-5201
SIPR: nicholas.kadlec@navy.smil.mil
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