Gentlemen, Here is a corrected transcript. Changes from the previous version should be visible in MSWord. Please let me know by COB Monday if the defense objects to this version. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1887 DSN: 312-267-1887 Fax: 858-577-1734 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. -----Original Message----- From: Sayegh LtCol Michael E Sent: Saturday, March 20, 2010 19:01 To: Day Capt Evan S; 'haytham@puckettfaraj.com'; Sullivan LtCol Sean; Hur Capt Christian P; Keske Maj Zenon W; Hatch MAJ Douglas C Subject: Re: SUMMARY OF ARTICLE 32 PRELIMINARY CONFERENCE ICO CAPTAIN WACKER If the transcript is attached - I will not review it untill ALCON agree. LtCol Sayegh -------------------------- Sent from my BlackBerry Wireless Handheld ----- Original Message ----- From: Day Capt Evan S To: Sayegh LtCol Michael E; 'Haytham Faraj' <haytham@puckettfaraj.com>; Sullivan LtCol Sean; Hur Capt Christian P; Keske Maj Zenon W; Hatch MAJ Douglas C Sent: Sat Mar 20 16:47:30 2010 Subject: RE: SUMMARY OF ARTICLE 32 PRELIMINARY CONFERENCE ICO CAPTAIN WACKER Sir, Please find attached the government exhibits to which the defense has not objected, as we discussed in the conference call. I will provide the audio recordings to you on Wednesday. I have noticed some minor errors in the transcript of the USD hearing, so I will look to have corrections made this week and submit an updated version once the defense has had a chance to review. Very Respectfully, Captain Evan S. Day Trial Counsel, Military Justice Office Joint Law Center 3rd MAW/ MCAS Miramar Comm: 858-577-1887 DSN: 312-267-1887 Fax: 858-577-1734 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. -----Original Message----- From: Sayegh LtCol Michael E Sent: Thursday, March 18, 2010 15:14 To: 'Haytham Faraj'; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian P; Keske Maj Zenon W; Hatch MAJ Douglas C Subject: SUMMARY OF ARTICLE 32 PRELIMINARY CONFERENCE ICO CAPTAIN WACKER ALCON: Telephonic conference began at approximately 1400. Government was represented by Captain Day and Major Hatch. Defense was represented by Mr. Faraj as civilian defense counsel. -Confirmed date, time, and location, and uniform of Article 32. -Confirmed charges as being those preferred on 7 Jan 2010 and that only one delay requests was needed. -Both parties agreed all defense requested witnesses had been addressed by the IO; however rulings on the record regarding availability for some of witnesses is needed in order to determine if sworn statement could be reviewed by the IO over defense objection. -No issues regarding the production of documentary evidence were raised. -All parties agreed that the IO could review the sworn statements of the victims as well as the exhibits listed in paragraphs (b) through (f) of the Government's exhibits list. After a brief discussion regarding whether doctor-patient privilege applied,, the defense requests the IO read 40 pages of journal entries from one of the alleged victims. Government agreed to make an effort to have these exhibits delivered to the IO this week. -Defense agreed to submit an exhibits list. -Defense intends to ask one of the alleged victims about her prior relationship with the accused and neither party was of the opinion that these questions would raise any MRE 412 issues. -IO indicated the parties had the option of submitting closing comments in writing, orally at the hearing, or both. -IO made both parties aware he would seek their input orally or in writing on whether the charges of Article 133 and 134 could be deemed multiplicious for findings or sentencing. -Both Government and defense were given the opportunity to bring any other matter to the IOs attention, both declined. The hearing ended at approximately 1445. s/f LtCol Michael Sayegh, USMC Investigating Officer phone: (928) 269-3484 duty cell: 928-941-7669 fax (928) 269-3486
Attachment:
USD hearing part II edited.doc
Description: MS-Word document
Attachment:
edits USD hearing part I.doc
Description: MS-Word document
Attachment:
smime.p7s
Description: S/MIME cryptographic signature