Patrick,Take a look at the attachment. The highlighted section is from another case, but is an example of the kind of info we need about your two witnesses as soon as you can provide it.For each, we need a description of:The witness's military background: Length of and nature of military serviceHow they know you and for how long they've known you, including periods of direct observation and frequency thereof.A summary of what they will say about your military character, "one of the best young Air Force Officers I've supervised," king of thing. That has to go in each witness's justification for the government to fund their travel and lodging for the trial.ASAP, lad!Neal
Neal A. Puckett, EsqLtCol, USMC (Ret)Puckett & Faraj, PC1800 Diagonal Rd, Suite 210Alexandria, VA 22314The 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 703-706-9566 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.
Begin forwarded message:
From: "Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD" <Ranae.Doser-Pascual@pentagon.af.mil>
Date: September 16, 2011 1:31:06 PM EDTTo: 'Puckett Neal' <neal@puckettfaraj.com>
Subject: FW: Witness notice
Neal,
Do you have inputs for requesting production of the two non-local character
witnesses? Do we intend to call both on the merits? It will be a memo to
trial counsel in accordance with the requirements of R.C.M 703(c)(2)(B).
If sentencing witness only, then also have to give reason why the witnesses
personal appearance is necessary under RCM 1001(e) standards.
The highlighted section in the attached memo is essentially what we need to
replace and provide for our two witnesses.
I would like to get this to trial counsel today in conjunction with the
witness list.
/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
-----Original Message-----
From: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
Sent: Friday, September 16, 2011 12:38 PM
To: 'Puckett Neal'
Subject: RE: Witness notice
Neal:
Yes
The rule is:
(E) WITNESS LISTS. Counsel for both sides will file a list containing
each anticipated witness' full name, unit/duty station (as applicable),
address and telephone number not later than five days after receipt of
discovery or the date specified in the military judge's Scheduling Order,
whichever is earlier. Counsel will amend and update their lists as
appropriate with the Court (with a copy to opposing counsel and the court
reporter).
A request to travel a witness includes more information, such as what you
identified before. But that is a separate request that we provide to the
government. Of these witnesses, it looks like we will only have to request
two of them be traveled (i.e. produced) as the others are all local. The
only witness I did not put on the list is the one currently deployed. They
are not going to travel back a potential character witness from a deployed
environment, so a character letter or affidavit is probably the way to go
with that one. But if it's somebody you really want the members to hear
from, then I can put him on the list and we request he testify via Video
Teleconferencing.
/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
-----Original Message-----
From: Puckett Neal [mailto:neal@puckettfaraj.com]
Sent: Friday, September 16, 2011 12:16 PM
To: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD
Cc: Faraj Haytham
Subject: Re: Witness notice
Is this the standard format? Looks good. No need to provide a summary of
expected testimony to establish relevance and necessity? Without that,
Marine CAs routinely deny production of the witnesses causing us to have to
bring a motion to compel production.
N
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com
www.twitter.com/puckettfaraj
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 703-706-9566 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.
On Sep 16, 2011, at 12:01 PM, Doser-Pascual, Ranae L Capt MIL USAF
AFLOA/JAJD wrote:
Neal,
I'm awaiting additional contact information from 1Lt Burke, but here is our
notice thus far.
/r
Ranae
Ranae L. Doser-Pascual, Capt, USAF
AFLOA/JAJD Deputy Chief Policy and Training
Joint Base Andrews NAF, MD
DSN: 612-4792
COMM: 240-612-4792
<Def Witness List 1 - Burke.docx>
Attachment:
Request to travel witnesses - Burke.docx
Description: application/vnd.openxmlformats-officedocument.wordprocessingml.document