Fwd: Status Update and Request for Information ICO U.S. v. Wuterich

Your Honor,

Good morning, I hope that this email finds you well Sir. For the Court's situational awareness, here is an update on where we stand with respect to U.S. v. Wuterich:

As the Court is aware, on 25 May 2011, the Accused, via appellate defense counsel, filed a motion for a stay of the proceedings with the NMCCA. On 27 May 2011, the NMCCA stayed the subject case. The NMCCA also directed the production of the authenticated record, as well as the Military Judge's findings of fact and conclusions of law, both due no later than 13 June 2011.

On Friday, 3 June 2011, Code 46 filed a motion to attach the unauthenticated transcript of the Article 39a session of 25 April 2011 (without the verbatim of the ex parte of course, as only the Military Judge has access to that transcript). On 3 June 2011, Code 46 also filed an unauthenticated copy of your findings of fact and conclusions of law of 31 May 2011 with the NMCCA. Additionally, Code 46 filed a copy of my written argument of 28 April 2011 on the defense motion to abate the proceedings.

We also filed a motion to expedite the NMCCA's review of the case, and to lift the Stay. We are waiting on a decision from the NMCCA.

Attached is the order from the NMCCA. There are several deliverables to the NMCCA, and I have received an RFI from Code 46 as to when we expect the deliverables to be completed. I respectfully request that you please advise as to the status of the following items:

1. Authenticated verbatim transcript of the ex parte of 25 April 2011 between the Military Judge, the Defense Counsel and the Accused. I received your email of 30 May 2011 indicating that your intent was to send the authenticated verbatim transcript of the ex parte directly to the NMCCA. Has that been submitted to the Clerk Your Honor?

2. Verbatim transcript of the Article 39a session of 25 April 2011. Both the defense and the Court were provided unauthenticated transcripts of the Article 39a session on 28 May 2011. May I authenticate the record and send it to the NMCCA Sir? Or, would you like to submit the authenticated record? (I recall seeing your email of 30 May 2011 where you indicated that you had made some corrections to the transcript).

3. An authenticated copy of your findings of fact and conclusions of law of 31 May 2011. Again, just for your information, we went ahead and filed the unauthenticated findings of fact and conclusions of law with the NMCCA on 3 June 2011. They will need an authenticated version as well.

Thank you for your time and consideration of this request Sir, and have an excellent day.

Very respectfully submitted,
Maj Gannon

Nick Gannon
Major, U.S. Marine Corps
Trial Counsel
Camp Pendleton, CA
760-542-5312