Gentlemen, Based on the Jencks Act I am forwarding you the attached emails based on the fact that in them perspective government witnesses discuss the facts of the case. Very Respectfully, Captain P. C. Combe II
--- Begin Message ---that's good. I hope Ben is also able to testify, he does not understand why he is not being asked. The defense had him testify for the article 32 as you probably know. I hope you can also talk to him as he can provide good insight on the situation that he did observe first hand, ie he knew that Rowe was "trying to help me with alcohol as he was an alcoholic himself" and that he was the first person in the command to acknowledge how bad the situation was with my boss, and the sexual comments and attitudes towards female Marines, particularly me he said since I was not fat or old or married to another Marine officer at the command-which made me subject to the comments and treatment.
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: Re: quick follow on question
- From: "Ariana Klay" <arianaklay@gmail.com>
- Date: Fri, 14 Oct 2011 08:21:24 -0400
- In-reply-to: <14C3A9065C078E4EB1A35652545CF3C4850557@mcusquanez24v.mcdsus.mcds.usmc.mil>
- References: <CAMTAuk37-=Hcg1AmNDngCcbXfYKne42+_FkE=hO2r-r8jD1gnw@mail.gmail.com><14C3A9065C078E4EB1A35652545CF3C4850557@mcusquanez24v.mcdsus.mcds.usmc.mil>
- Thread-index: AcyKa+ml66Rgz5MPTY2Km02Ru3tx1w==
He will probably attend the courts martial along with some other friends.
Is Anna Barton going to be able to testify?
MSgt Dixon, the funeral director is a good witness for the harassment. His statement in the hudspeth investigation was pretty telling about junior Marines yelling out disgusting comments to me, and saying sexual remarks about me from the day I checked in, and I do not know him besides brief interactions. He was Marine of the Year in 2008.
I still do not understand how the Courts Martial could be delayed so that Jeremy, one of the men who did the assault, can be granted immunity so he can testify on behalf of Rowe.
Is it correct that I may not know until the day of?
On Fri, Oct 14, 2011 at 7:16 AM, Combe Capt Peter C <peter.combe@usmc.mil> wrote:Yes, there is one whose name I can't remember right now who recalls the narrative and would be called after the defense attacks your credibility to show that your testimony is consistent with prior descriptions.
-----Original Message-----
From: Ariana Klay [mailto:arianaklay@gmail.com]
Sent: Thursday, October 13, 2011 16:51
To: Combe Capt Peter C
Subject: quick follow on question
Are any of the members of the Andrews AFB outpatient group going to be called as witnesses since I described it to them? I was told by NCIS that they interviewed some of them.
--- End Message ---
--- Begin Message ---
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: questions
- From: "Ariana Klay" <arianaklay@gmail.com>
- Date: Fri, 30 Sep 2011 16:48:20 -0400
- Thread-index: Acx/skpGQnm16FYASA6cMTNrgcbe4g==
Sir,Did you ever think of why Rowe might have made up a person, or if he did when he said that he would have his friend "Marve" throw me in a ditch, because that's how they took care of things in Indiana when he threatened to kill me if I talked about the assault to anyone?Is it correct that "commissioning a threat" is the charge they will put against him? do you think that one will stick?Even if he said that was a joke in the phone conversation, he still acknowledged that he said that, and it was not the first time he said the threat to me, or used that name "Marve" Did anyone check to see if "Marve" is a real person or might be or can that be checked?Is the fact that he said that he wanted Jeremy to come "see what a slut I was" or I think he said "invited Jeremy to come participate" even though Jeremy was yelling for him to leave going to be helpful, or that it was the" lowest day" of his life or that he did it bc I had humiliated him in front of his Marines going to help? Is anything from the taped phone conversation going to help?Is there anything else I can help you with prior to the Courts Martial besides going to the civilian psych you're working on finding?
--- End Message ---
--- Begin Message ---
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: dealing with the Hudspeth inv
- From: "Ariana Klay" <arianaklay@gmail.com>
- Date: Tue, 27 Sep 2011 11:29:16 -0400
- Thread-index: Acx9KkHU4OQe7x6cS9aMfRqWkgWIig==
the Hudspeth investigation, from all parties I have consulted with (lawyers) is a fantastic piece of evidence about the incompetence of leaders involved, obvious sexual harassment, and signed off by multiple Colonels. You have obvious sexual harassment and then the Marine Corps determining that I "welcomed it" through my issued uniform, running shorts, and make up.Anyone with half a brain could determine that there was sexual harassment at the Barracks while I was there, even from LtCol Hudspeth's distorted investigation. She had a foregone conclusion and did a terrible, though voluminous job trying to cover it up. If you review my witness statement considerations, it is particularly obvious, 21 pages of sexual harassment evidence in the words of the Marines themselves.
--- End Message ---
--- Begin Message ---
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: Re: privreleasecombe
- From: "Ariana Klay" <arianaklay@gmail.com>
- Date: Tue, 27 Sep 2011 11:21:37 -0400
- In-reply-to: <14C3A9065C078E4EB1A35652545CF3C46F32FD@mcusquanez24v.mcdsus.mcds.usmc.mil>
- References: <CAMTAuk3vtA2_0s-DPv=0zCXs7-JsU8kNiuuoa3J2+6U1wUUoBA@mail.gmail.com><14C3A9065C078E4EB1A35652545CF3C46F32A5@mcusquanez24v.mcdsus.mcds.usmc.mil><CAMTAuk1QPYHx8dF-DBDZDZrwDDcJZoDL9xF=S6pxkU4UbCVnLA@mail.gmail.com><14C3A9065C078E4EB1A35652545CF3C46F32E0@mcusquanez24v.mcdsus.mcds.usmc.mil><CAMTAuk0m2gBvKsnrQTqd48HE9ukKiVKG_J9dmfHdT7Fcgvc+WQ@mail.gmail.com><14C3A9065C078E4EB1A35652545CF3C46F32FD@mcusquanez24v.mcdsus.mcds.usmc.mil>
- Thread-index: Acx9KS7pd5XIT8MiS5CDVMqjoROoYA==
During the time I knew Rowe, he would always tell me about how the Barracks was a terrible place for me to be, that females shouldn't be Marines and would all be considered sluts (gave me examples of former barracks officers) and said unless I was fat or married to a Marine at the Barracks that's the way it would be, and would give me snippets of the denunciatory things being said about me. That's why he befriended me, he was pretending to help-he was the first person to acknowledge to me how bad it must be to be there, to work for Suzanne who was sleeping with everyone and was incompetent, and gave me the "inside scoop" on what was being said about me, because he said that he could tell that I was depressed, drinking too muchetc. He also was close to Colonel Smith and offered to help get me out of the barracks by recommending I could deploy (which I tried 4 times to do...and was once counseled for going straight to the CO about..this is all documented in the inv). The morning of the assault he said that "he would discredit me so bad" and that I was already discredit and could do nothing. He told Jeremy to participate (many times) so that he could "see what a slut I was."The first words he ever said to me EVER was in January when he said "I hate female Marines" a few days later he befriended me. This was flattering because he was highly respected and he gave me information I felt was helpful, as to who not to talk to, etc. He also seemed to want to help me leave. He was the first person there who acknowledged the sick situation with Suzanne and who offered to help me leave. To me this was a huge value.So Rowe was an asshole to me when he would drink, but he was nice and pretended to be helpful when he was sober. I have no idea why he was this way. he was an extremely disturbed individual while drunk, peed in his garbage can in front of Marines on duty, made up wierd stories about his past and bad things he did when he was young (something about seeing a black guy hung or something...he said these things while drunk, and his mind was really distorted so who knows what really happened), got so drunk he pissed his pants at an event, and other wierd things. He referred to his company that he commanded as "Black Out Bravo" That was him behind the scenes, Colonel Smith treated him like he was one of his favorite Marines. Rowe had never worked with female Marines and told me that they would always be viewed negatively. he told me that it made him want to throw up when he would see me in cammies. 'he also seemed to offer some sound advice, don't hang out with Suzanne even if she's aggressive about it (my boss) etc. He was one of the only people to ever acknowledge to me that he knew what was going on with Suzanne. She was sleeping with at least 4 officers senior to me, and that was only what was proven in the investigation, I know there were many more mostly married. This gave Suzanne a bizarre web of protection, and because I told Major Barcaly all the names of who I knew, and thought she was sleeping with (I was clear whether it was know for a fact b/c Suzanne told me or just thik) so there are a lot of people that hate me and obviously trie3d to discredit me. From the time I got there I was treated like shit-put in a position to cover the fraud waste and abuse so that senior officers could sleep with my boss....it was a situation that was proven in Hudspeth's investigation. I did not feel that way at 1st MLG, TBS, or the Naval Academy.On Tue, Sep 27, 2011 at 7:59 AM, Combe Capt Peter C <peter.combe@usmc.mil> wrote:I will have to confirm his availability for the trial first, then once/if I have done that I will get his contact information to you and you all can set up an appointment.
I have reviewed the investigation/appeals and am developing my strategy for dealing with it. Unfortunately, as for Rowe's motivation, unless he said something to you to that effect or he takes the stand, then I am not sure how I'd be able to get it in. I'll keep you posted on how I can use it.
Capt Peter C. Combe II
Trial Counsel
Office of the SJA, MCB Quantico
3250 Catlin Ave.
Quantico, VA 22134
Comm: (703) 784-0037 DSN: 278
Fax: (703) 784-0035 DSN: 278
-----Original Message-----
From: Ariana Klay [mailto:arianaklay@gmail.com]
Sent: Tuesday, September 27, 2011 10:51
To: Combe Capt Peter C
Subject: Re: privreleasecombeThat makes sense-thanks for the explanation.
Do I make the appointment with Ltcol englert and make sure he is available or do I wait for you to do that?
Will you be able to review the appeals to Hudspeth's inv., etc prior to the trial?
On Tue, Sep 27, 2011 at 7:42 AM, Combe Capt Peter C <peter.combe@usmc.mil> wrote:
As of right now we don't have an appointment with LtCol Englert, the potential expert witness. He has to agree to be available for trial before we can get this started with his evaluation of you.
As for the term "alleged victim," it is common to use that terminology. I know we are not in court, but is force of habit. There have been cases dismissed and reversed because a prosecutor used the term "victim" before conviction. It's also an issue of not wanting to influence potential witnesses. It is just a formality based on preserving the impartiality of the court-martial process.
Very Respectfully,
Capt Peter C. Combe II
Trial Counsel
Office of the SJA, MCB Quantico
3250 Catlin Ave.
Quantico, VA 22134Comm: (703) 784-0037 <tel:%28703%29%20784-0037> DSN: 278Comm: (703) 784-0037 <tel:%28703%29%20784-0037> <tel:%28703%29%20784-0037> DSN: 278
Fax: (703) 784-0035 <tel:%28703%29%20784-0035> DSN: 278
-----Original Message-----
From: Ariana Klay [mailto:arianaklay@gmail.com]
Sent: Tuesday, September 27, 2011 10:28
To: Combe Capt Peter C
Subject: Re: privreleasecombe
So do you need me to submit this to them and request an appointment with the psych that Miss Piacquadio recommended? Please let me know the next step.
Is it typical for me to be referred to as the "alleged" victim? even from the prosecution standpoint?
I hope you were able to review the appeals (and the harassment investigation is still active since I appealed it to SECNAV/Code 13 with Hudspeth's retaliatory distorted investigation (via Colonel Montanus) and the witness statement considerations (attached again) since Rowe used the hostile command climate to commit the assualt. The appeals also discuss and clarify items from the assault that MCCDC was incorrect about.
On Tue, Sep 27, 2011 at 7:15 AM, Combe Capt Peter C <peter.combe@usmc.mil> wrote:
I don't see why this shouldn't work. Of course, it depends on what Medical at Andrews says. They are the ones who have to agree to release information.
Capt Peter C. Combe II
Trial Counsel
Office of the SJA, MCB Quantico
3250 Catlin Ave.
Quantico, VA 22134
Fax: (703) 784-0035 <tel:%28703%29%20784-0035> <tel:%28703%29%20784-0035> DSN: 278
-----Original Message-----
From: Ariana Klay [mailto:arianaklay@gmail.com]
Sent: Tuesday, September 27, 2011 10:13
To: Combe Capt Peter C
Subject: Fwd: privreleasecombe
Does this contain everything you need?
If possible I would like to have the appointment first thing in the morning Tues-Thurs to avoid missing work.
---------- Forwarded message ----------
From: ARIANAKLAY@GMAIL.COM <arianaklay@gmail.com>
Date: Tue, Sep 27, 2011 at 7:11 AM
Subject: privreleasecomb
To: "ARIANAKLAY@GMAIL.COM" <arianaklay@gmail.com>
Please open the attached document. This document was digitally sent to you using an HP Digital Sending device.
--- End Message ---
--- Begin Message ---
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: relevant research
- From: "Ariana Klay" <arianaklay@gmail.com>
- Date: Wed, 21 Sep 2011 10:42:16 -0400
- Thread-index: Acx4bKpk3DViFJM5RSONfABZ2GcvNA==
As to the first, researchers tell us that when groups of men bond within a context that is highly gendered male, such as the military, women will often be seen as either intruders to be attacked or as sexual resources to be exploited. That they could be seen as professional colleagues does not seem to appear in the playbook. When women are seen as intruders, the assault is usually a gang assault, and the purpose is to get the victim out of the unit. When women are seen as sexual resources, the men in the unit simply assume that the women is in the unit in order to service their sexual needs. The men may not view their actions as assault, but merely as taking something that is theirs to use.from the article: http://deathby1000papercuts.com/2011/08/sexual-assault-abuse-in-the-military-too-big-to-be-a-secret-any-longer/
--- End Message ---
--- Begin Message ---
- To: "Combe Capt Peter C" <peter.combe@usmc.mil>
- Subject: Re: Rowe Trial
- From: "Barton CIV Anna T" <anna.barton@usmc.mil>
- Date: Mon, 17 Oct 2011 12:46:15 -0400
- Thread-index: AcyM7Egng1tfQrL8QwiQZR4QkCbtWQ==
Capt Combe, I spoke with the SARC at Henderson Hall and she sent me a fax with my victim advocate log and the victim reporting preference statement signed by Arianna. It was not August that I met with Arianna, it was September. I first met with her on 9/8/11 and she filed a restricted report with me at that time. She changed the report over to unrestricted on 9/20/11 after she revealed that she had been sexually assaulted during her NJP proceeding. She and I met with NCIS for the first time on 9/20/11 after she was referred by command. I also have a copy of the on-call response form when Arianna called the victim advocacy hotline to discuss her options regarding the NCIS process. Please let me know if you would like for me to bring by the documents or fax them over to you. Thank you! V/R, Anna Barton Victim Advocate Family Advocacy Program (FAP) 2034 Barnett Avenue Quantico, VA 22134 Phone: (703) 432-0053 Fax: (703) 784-1083 24/7 Victim Assistance: To reach a victim advocate after hours, please call the Quantico Victim Advocacy Helpline at (703)-350-1688. WARNING: The attached contains information that is protected by the PRIVACY ACT and is for "OFFICIAL USE ONLY". The sensitive nature of the document requires special control measures to restrict unauthorized access to its content. CONFIDENTIALITY NOTICE This e-mail transmission and any document accompanying it may contain confidential information. The information transmitted is intended only for the use of the individual(s) named above. If you are not the intended recipient of the transmitted information, you are hereby notified that disclosing, copying, distributing, or taking action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender and then delete the information.Attachment: smime.p7s
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