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FW: Follow-up on Art 32, GySgt Kelton



Haytham,

Please see the attached.  

S/f,


Bret A. White
Captain, U.S. Marine Corps
Defense Counsel

Office of the Staff Judge Advocate
Marine Corps Base               
3250 Catlin Avenue                            
Quantico, VA 22134                           

Main:    703.784.4615/4628
Direct:  703.784.0405
Fax:     703.784.0259




-----Original Message-----
From: Mcguire 1stLt Maryann N 
Sent: Wednesday, June 01, 2011 18:03
To: White Capt Bret A
Subject: FW: Follow-up on Art 32, GySgt Kelton


As requested.
v/r, 
Lt McGuire
-----Original Message-----
From: NATHARG@ptf.gov [mailto:NATHARG@ptf.gov] 
Sent: Wednesday, June 01, 2011 9:35
To: Mcguire 1stLt Maryann N
Cc: Winkofsky Capt Eric P; Tilney Capt Marc R; stackhouse@militarydefender.com; Owsley SSgt Jason L
Subject: RE: Follow-up on Art 32, GySgt Kelton

Counsel,

Attached is my report of investigation.  I will be mailing the original along with all exhibits to SSgt Owsley either today or tomorrow. Also, please note that IO Exhibit 6 will be the defense request for delay, and IO Exhibit 7 will be the government's response to the defense request.  Please do not hesitate to contact me with any questions or other issues.  

Very Respectfully,

LT Nathaniel Gross, JAGC, USN
Office of Military Commissions
Office of the Chief Prosecutor
703 556 5504

-----Original Message-----
From: Mcguire 1stLt Maryann N [mailto:maryann.mcguire@usmc.mil] 
Sent: Tuesday, May 31, 2011 5:40 PM
To: NATHARG
Cc: Winkofsky Capt Eric P; Tilney Capt Marc R; stackhouse@militarydefender.com
Subject: Follow-up on Art 32, GySgt Kelton

Good Afternoon Sir, 

Per your request at the Article 32 hearing, this is an email outlining the government's position in regard to Charge IV, Spec 2. Based on the conversation GySgt McConnell testified to at the Art 32, whereas GySgt Kelton asked if Gunny McConnell knew that he was a member on her court-martial panel, it is our position that you recommend referring the specification under 18 USC 1503 or alternatively under Art 134, obstruction of justice. There is a reasonable basis to go forward with the charge as it is currently drafted. Under the code, GySgt Kelton corruptly endeavored to influence, obstruct or impede the due administration of justice by discussing her pending court-martial with a marine listed on the convening order she was in possession of. GySgt Kelton's statement to GySgt McConnell that "none of the others knew they were on the list either" is indicative or her intent.  Additionally, "corrupt" within the meaning of the statute does not require force or intimidation. As su!
 ch, it is our position that reasonable grounds exist to recommend that making contact with GySgt McConnell regarding his role as a member of her court-martial panel meets the elements of 18 USC 1503.

Very Respectfully, 

Maryann N. McGuire
First Lieutenant, U.S. Marine Corps
Trial Counsel
Office of the Staff Judge Advocate
Marine Corps Base, Quantico
703-784-3675






Attachment: KELTON Article 32 report.doc
Description: MS-Word document

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