FYI.
-----Original Message-----
From: Day Capt Evan S
Sent: Tuesday, January 18, 2011 10:44
To: Hur Capt Christian P
Subject: US v Wacker withdrawal motion
Chris,
I noticed an issue with the withdrawal and re-referral motion that it would probably be better to address between counsel up front before we go on the record on this motion. Mr. Faraj's motion asserts in a couple of places that there was no explanation provided for the withdrawal of charges at MCRD. Based on my conversations with LtCol Sullivan, Maj Keske, and Col Richardson, and the negative PTIR below, I do not believe that statement is accurate. I think that may be a misconception that Mr. Faraj has, since he may not have been directly involved in all the conversations that you were, and I noticed that he wasn't CC'd on the negative PTIR below. What I'd like to do, rather than waste time and potentially create an unnecessary contentious issue in front of the court, is see if you're willing to do a brief stipulation or affidavit regarding the explanations (from the prosecution and the SJA) that you were given off the record regarding the reasons for the withdrawal.
Also, regarding the request for correspondence regarding the transfer to 3D MAW, the government's denial of that discovery request still stands. However, Col Richardson does not believe that there is or was any substantive correspondence, either formally or by email, regarding the transfer.
S/F,
Evan
-----Original Appointment-----
From: Keske Capt Zenon W On Behalf Of Ospina Sgt Jhony A
Sent: Wednesday, November 18, 2009 16:43
To: Ospina Sgt Jhony A; Sanzi LtCol Thomas J; Jackson Maj Samuel E; Costello GySgt James T; Vicente Sgt Ismael; Pate Cpl Lance A; Keske Capt Zenon W; Ospina Sgt Jhony A; Thorne LCpl George L; Sullivan LtCol Sean; Hur Capt Christian P; Nahama Capt Justin S; Rubin LtCol Peter R
Subject: Negative PTIR US v Wacker
When: Thursday, December 03, 2009 8:00 AM-8:30 AM (GMT-08:00) Pacific Time (US & Canada).
Where: MCRD
1. Purpose of Docketing Request: Negative PTIR
2. Expected Duration of Hearing: NA
3. Information Required:
a. Date Charges Preferred: 13 July 2009
b. Date Charges Referred: 14 July 2009
c. Date Charges Served: 14 July 2009
d. Pretrial Restraint: No
e. Pretrial Agreement: No
f. Anticipated Pleas: NA
g. Anticipated Forum: NA
h. Related Cases: NA
i. Other Relevant Material: The convening authority has withdrawn and dismissed without prejudice the charges and specifications against Capt Wacker. Per the attached letter Capt Wacker and the investigation will be transferred to another convening authority for action as that convening authority deems necessary.
j. Counsel Contact Information: TC - Capt Keske: 619-524-4100; DC Capt Hur: 619-524-4118
<<WDRAWAL_11_18_2009_17_24_47.pdf>>
Very Respectfully,
Captain Evan S. Day
Judge Advocate
Joint Law Center
3D MAW/MCAS Miramar
P.O. Box 452013
San Diego, CA 92145-2013
Comm: (858) 577-1862
DSN: 267-1862
evan.s.day@usmc.mil
Classification: UNCLASSIFIED//LIMDIS
This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29, and "Security and Policy Review of DoD Information for Public Release".
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
Attachment:
WDRAWAL_11_18_2009_17_24_47.pdf
Description: Adobe PDF document
Attachment:
smime.p7s
Description: S/MIME cryptographic signature