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US v. Wacker: Defense expert toxicologist

Gentlemen,

Defense counsel previously requested a toxicologist in Capt Wacker's case.  Maj Keske indicated that a defense request would be approved, but I don't have anything formal in my file (only emails).  The following expert is available as a consultant for us...

Aaron Jacobs, Ph.D.
AF Drug Program Manager
aaron.jacobs@brooks.af.mil
DSN 240-6808
Comm 210-536-6808


I've spoke with Dr. Jacobs.  He says he is available and willing to assist in our defense.  I am going to send him a file to review.  He may testify on Thursday or Friday afternoon at the 32, but is only a consultant at present.

Please advise if this is an issue.  Thanks.

 
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784 
Address:  Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.
--- Begin Message --- 
Capt Hur,
Please see below regarding your requested toxicologist. It appears that he
is unable to act as your expert.
r/s
Capt Keske


-----Original Message-----
From: Malashenok 1stLt Yevgeniy P 
Sent: Monday, September 21, 2009 7:24
To: Keske Capt Zenon W
Subject: FW: Expert in toxicology request 

 

-----Original Message-----
From: Smith, Michael L. CONTR [mailto:michael.l.smith@afip.osd.mil]
Sent: Monday, September 21, 2009 5:45
To: Malashenok 1stLt Yevgeniy P
Subject: RE: Expert in toxicology request 

Lt. Malashenok,

I cannot serve as a defense consultant since this may create a conflict of
interest with government laboratories for which we provide quality
assurance.  This restriction is explained in DoDI 5154.30 and enforced by
our boss, the Armed Forces Medical Examiner.

Michael L. Smith, PhD, DABFT
Forensic Toxicologist
Division of Forensic Toxicology
Armed Forces Medical Examiner System
Armed Forces Institute of Pathology
1413 Research Blvd, Bldg 102
Rockville, MD 20850
Phone (301) 319-0100
Fax  (301) 319-0628
Blackberry (202) 391-5945


-----Original Message-----
From: Malashenok 1stLt Yevgeniy P [mailto:yevgeniy.malashenok@usmc.mil]
Sent: Thursday, September 17, 2009 4:29 PM
To: Smith, Michael L. CONTR
Subject: Expert in toxicology request 

Good Afternoon Sir,

This is Lt. Malashenok, from MCRD San Diego Judge Advocate office, we spoke
earlier today regarding the general court-martial case that is scheduled for
February.  The defense counsel has requested you as a defense consultant in
forensic toxicology.  Attached is the "Request for Expert Assistance" form
submitted by the defense.  If you have any issues or concerns with this
request please e-mail me back at yevgeniy.malashenok@usmc.mil.  Thank you
for your help.

Best Regards,

Lt. Malashenok

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