Gentlemen, I'm going to be out of the office all next week (I won't have access to my NMCI computer files until the afternoon of 3 May). I'll receive gmails via my smartphone however. I know that Haytham had wanted me to create a supplemental UCI motion fact section based on our last site visit. I also know that Maj Scarselli had asked me to do a draft of the motion to dismiss for failure of the Government to have evidence to support its charges. To meet these two end-states, I've attached an early draft of this motion (that also contains the UCI fact supplements). In this motion, I attempt to attack the Government's charges that we know they no longer have any evidence to support: false official statement charges based on excluded statements, the GySgt Buchanan charges, etc. I propose (if acceptable with you two) that Maj Scarselli first edit the attached draft with facts and then send it back to me along with a scanned copy of the charge sheet (if he has it). I don't have the charge sheet on my home computer, which is why the attached needs much editing. I'll then finish up the edits once I get Maj Scarselli's version back and then send to Haytham for finalization and filing. Please let me know if either of you want to do something else. I'm tracking for 17 May as the date of the 2nd Motion's hearing (which means we probably need to file the attached NLT first week of May). Thanks. On Fri, Mar 26, 2010 at 12:30 PM, Scarselli Maj Pietro P <pietro.scarselli@usmc.mil> wrote: > Christian, please review soonest and let me know of any further changes, if any...or if I should print, sign, scan and email back. Please note significant changes. > > > Standing by.... > > > Thanks. S/F! R/Maj Scarselli > > This email may contain Attorney Work Product. Please delete if you received this message in error. > -- Christian P. Hur
Attachment:
Scarselli Motion to dismiss failure of evidence.doc
Description: MS-Word document