RE: ICO US v Wacker

["Hur Capt Christian P" <christian.hur@usmc.mil>]

This is a multi-part message in MIME format.

Sir,

Our updated witness list is attached.  Based on conversations with Mr. Faraj and via email with Capt Day there will likely be a witness production 39a necessary to resolve witnesses produced for the motions' hearing and at trial.

Regarding experts Sir, and to answer your question, the defense position is that they are consultants until they are designated witnesses.  Assuming this case goes to trial despite the pending motions to dismiss, if the government puts on their case and they miss an element, then the defense would not want to put on its own expert to satisfy that element.  Alternatively, there may be nothing that the defense consultant can contradict after listening to the government expert testify...in such case they would remain consultants without becoming a bolstering witness.  I believe that is why Mr. Faraj has said that they are consultants and not designated testifying experts until trial and presentation of the government's case.

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

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-----Original Message-----
From: Jones LtCol David M 
Sent: Tuesday, February 08, 2011 0:29
To: Day Capt Evan S
Cc: Hur Capt Christian P; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean
Subject: RE: ICO US v Wacker

Defense?

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035