Ok Gentlemen, to that end I took the previous list and highlighted who I thought met Haytham's bullets. We need to finalize this today as Maj Munoz said he needed it last week. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Monday, March 07, 2011 8:24 To: Hur Capt Christian P; 'Pietro Scarselli' Subject: RE: Scarselli BOI list There is NO WAY they are going to produce the witnesses on this list. What cannot happen is that they look at this and blow us off because it's going to look like we're trying to bury them with witnesses. I am not saying we shouldn't submit it but we need to be prepared to reduce it to essential witnesses to challenge this BOI. The issues as I see them are the following: 1. Whether Maj Scarselli engaged in, endorsed, or ignored the hazing of his Marines? 2. Whether the family nights were run in such a way as to ignore the differences between ranks which led to an air of casualness that impacted unit discipline and readiness? 3. Whether Maj Scarselli engaged in any conduct to prevent investigations or to influence the outcome of investigations? 4. Whether by living with MGySgt Humberston, Maj Scarselli engaged in fraternization or appeared to be fraternizing. 5. Whether Maj Scarselli attempted to influence the testimony of witnesses? 6. Whether Maj Scarselli took a PFT in Dec of 2008? We need to identify 2-4 witnesses for each one of these issues. I believe Humberston, Beck, and the other Captain are essential witnesses for most of these in addition to the watch commanders. I don't think we need Baker. We can get a lot of information about his bad acts without exposing ourselves to the possibility of his talking about a PFT. I want to show evidence of a flawed and targeted investigation. We need the people that were attacked and fired after testifying for that. I also want 4-5 good character witnesses. -----Original Message----- From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] Sent: Monday, March 07, 2011 10:52 AM To: Pietro Scarselli; Haytham Subject: RE: Scarselli BOI list May I send out the attached then? Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Pietro Scarselli [mailto:scarselli13@yahoo.com] Sent: Saturday, March 05, 2011 7:08 To: Haytham Cc: Hur Capt Christian P Subject: Re: Scarselli BOI list Oh, I agree my brother...ideally!! regret that my faith in our officer ranks 9as welll as with the system as a whole) has been shaken; look at how I got here and all the eyes that were on the process...and yet, we are still here and facing yet another ridiculous scenario. Just not confident we will have 3 with the intestinal fortitude to do what is right ragradless of the impressions made to higher, etc, brother. Then again, I am the jaded one at thispoint...so again, I blindlty defer to whatever you gentlemen decide...chop away at your wills. S/F! R/ Pietro ________________________________ From: Haytham <haytham@puckettfaraj.com> To: Pietro Scarselli <scarselli13@yahoo.com> Cc: Hur Capt Christian P <christian.hur@usmc.mil> Sent: Sat, March 5, 2011 7:24:58 AM Subject: Re: Scarselli BOI list You just made your own strongest argument. The officers on the panel will think the same thing and will be offended by those type of attempts to argue charges that the CA has dismissed. Haytham Faraj Sent from my iPhone On Mar 4, 2011, at 6:34 PM, Pietro Scarselli <scarselli13@yahoo.com> wrote: Gentlemen, hope all is well. I understand the list is long, and agree; however, as you know, my career is on the line. If the government intends on being so dastardly and cruel as to use the GCM charge sheet, I do not see any alternative but to use everything in our arsenal to offset same. It is their choice. They have failed to reply to any of your questions (as far as I know). Alternatively what is the strategy... please do not read into this as me getting on you two. I am frustrated as you can imagine...and I am concerned that my fate lies in the hands of 3 officers who the government intends on manipulating with (falsely pretensed) charges that have been dismissed with prejudice; and all I can do is nothing about it despite my efforts. So, unless anything changes, I feel we should leave them all on the list. In fact if I had my druthers, I'd add a few more! As always, however, I defer to what you two decide. Please keep me posted and thanks for hearing me out. S/F! R/ Maj Scarselli ________________________________ From: Hur Capt Christian P <christian.hur@usmc.mil> To: Haytham Faraj <haytham@puckettfaraj.com>; Scarselli Maj Pietro P <pietro.scarselli@usmc.mil>; <mailto:scarselli13@yahoo.com> scarselli13@yahoo.com Sent: Fri, March 4, 2011 8:48:43 PM Subject: Scarselli BOI list Gentlemen, Please review. I think this list is too long. Please cut as appropriate and send it back to me NLT COB Monday for send off. Thanks. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error.
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