Good Afternoon Sir, The attachment should be included now. Very Respectfully, Captain Evan S. Day Judge Advocate Joint Law Center 3D MAW/MCAS Miramar P.O. Box 452013 San Diego, CA 92145-2013 Comm: (858) 577-1862 DSN: 267-1862 evan.s.day@usmc.mil Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. V/R, Capt Day -----Original Message----- From: Day Capt Evan S Sent: Friday, February 11, 2011 14:43 To: Jones LtCol David M Cc: Christian Hur; Sullivan LtCol Sean; Hur Capt Christian P; 'Haytham'; Hatch MAJ Douglas C Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 Good Afternoon Sir, Please find attached the government's response to the subject motion. Very Respectfully, Captain Evan S. Day Judge Advocate Joint Law Center 3D MAW/MCAS Miramar P.O. Box 452013 San Diego, CA 92145-2013 Comm: (858) 577-1862 DSN: 267-1862 evan.s.day@usmc.mil Classification: UNCLASSIFIED//LIMDIS This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Friday, February 11, 2011 14:13 To: Day Capt Evan S Cc: Jones LtCol David M; Christian Hur; Sullivan LtCol Sean; Hur Capt Christian P Subject: Re: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 1500 works for me. Haytham Faraj Sent from my iPhone On Feb 11, 2011, at 4:58 PM, "Day Capt Evan S" <evan.s.day@usmc.mil> wrote: > Gentlemen, > > I can have a conference call set up for either 1500 or 1600, but it looks like we don't have agreement on a time yet. Absent any other input, I will set up a call for 1500, using the same dial-in instructions as last time: > Primary Dial-in 1(888) 363-4735 > Alternate Dial-in 1(858)446-3657 > > Access Code: 8599135# > > Very Respectfully, > Captain Evan S. Day > Judge Advocate > Joint Law Center > 3D MAW/MCAS Miramar > P.O. Box 452013 > San Diego, CA 92145-2013 > Comm: (858) 577-1862 > DSN: 267-1862 > evan.s.day@usmc.mil > > Classification: UNCLASSIFIED//LIMDIS > This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release". > ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message. > > > > > -----Original Message----- > From: Haytham Faraj [mailto:haytham@puckettfaraj.com] > Sent: Friday, February 11, 2011 5:40 > To: Day Capt Evan S; Jones LtCol David M; 'Christian Hur' > Cc: Sullivan LtCol Sean; Hur Capt Christian P > Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 > > Capt Day, > Can we do the conference call at 1500 your time? If the Judge is also > available? Capt Hur is not available this evening because he is conducting > the site visit and will be on a place back this afternoon and evening. > > I have read the affidavit from Col Richardson. Based on his statements > within the Affidavit, the defense is renewing its request for production of > all emails related to Col Smith and allegations of UCI between and among Col > Richardson, the CG, trial counsel, Col Smith, LtCol Bond, and SJAs at the > Wing. > > Vr, > Haytham Faraj, Esq. > PUCKETT & FARAJ, PC > _______________________ > WASHINGTON DC METRO > The Law Firm of Puckett & Faraj, PC > 1800 Diagonal Road > Suite 210 > Alexandria, VA 22314 > 703-706-0442 Phone > 202-280-1039 Fax > > DETROIT METRO > The Law Firm of Puckett & Faraj, PC > P.O. Box 1016 > Dearborn Heights, MI 48127 > 313-457-1390 Phone > 202-280-1039 Fax > > > www.puckettfaraj.com > > 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. > > > > > > -----Original Message----- > From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] > Sent: Friday, February 11, 2011 2:22 AM > To: Jones LtCol David M; Christian Hur > Cc: Haytham Faraj; Sullivan LtCol Sean; Hur Capt Christian P > Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 > > Good Evening Sir, > > I think most of our response to the latest defense motion would already be > pretty well encapsulated by the prior discussion about this issue at the > last Article 39(a). However, the government can have a response to this > specific on 17 February. > > With regard to the conference call, I propose 1600 San Diego time (0900 on > Okinawa, if I am doing my math correctly) tomorrow for a conference call. If > that time works, I will follow up with call-in instructions. > > Finally, please find attached two additional enclosures to the government's > response to the defense re-referral motion. > > Very Respectfully, > Captain Evan S. Day > Judge Advocate > Joint Law Center > 3D MAW/MCAS Miramar > P.O. Box 452013 > San Diego, CA 92145-2013 > Comm: (858) 577-1862 > DSN: 267-1862 > evan.s.day@usmc.mil > > Classification: UNCLASSIFIED//LIMDIS > This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure > under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD > Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD > Instruction 5230.29, and "Security and Policy Review of DoD Information for > Public Release". > ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The > information contained in this message is privileged. It is intended only to > be read by the individual or entity addressed or their designee. If the > reader of this message is not the intended recipient, you are on notice that > any distribution of this message, in any form, is prohibited. If you have > received this message in error, please immediately notify the sender and > delete or destroy any copy of this message. > > > > > -----Original Message----- > From: Jones LtCol David M > Sent: Thursday, February 10, 2011 21:42 > To: Christian Hur > Cc: Haytham Faraj; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian > P > Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 > > Capt Hur, > > In receipt. I will await the Government response. > > Capt Day, when do you believe you can respond? > > I realize we are beyond the motions filing date, but I am allowing this > motion based on the most recent CAAF decision. We will litigate this at the > session already scheduled on 22 - 23 Feb. > > R, > > LtCol David M. Jones > Military Judge > Western Pacific Judicial Circuit > Navy-Marine Corps Trial Judiciary > Office: 645-7287 / 2156 > Fax: 645-2035 > From the U.S.: 81-611-745-7287 / 2156 > > > -----Original Message----- > From: Christian Hur [mailto:christian.hur@gmail.com] > Sent: Friday, February 11, 2011 8:58 > To: Jones LtCol David M > Cc: Haytham Faraj; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian > P > Subject: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3 > > Gentlemen, > > Based on the US v. Prather decision on 8 February 2011, the defense has > filed the attached motion to reconsider the defense motion to dismiss charge > III, Specs 1 to 3, regarding the MCM 2008 Article 120 substantially > incapacitated language as incorporated into the at issue Article 133 > offenses. > > Thank you. > > -- > Christian P. Hur >
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Wacker Gov resp reconsider 133.pdf
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smime.p7s
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