That's correct Sir. Per the attached, Maj Scarselli agreed not to request at government expense the presence of any witness located outside of 29 Palms. For all witnesses located outside 29 Palms, we will call them via VTC or telephone at no government expense. That will ensure compliance with the PTA. 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: Munoz Maj Jeffrey V Sent: Wednesday, March 09, 2011 18:36 To: Hur Capt Christian P; 'Haytham Faraj' Cc: Miner Maj Brett C Subject: RE: Scarselli BOI Gentlemen, I won't be at my desk until Monday but I was pretty sure I read a document amending the NJP PTA whereby Maj Scarselli agreed not to request witnesses for his BOI outside of 29 Palms. Since I'm not at my desk, I can't confirm that until Monday. Unless that document is no longer valid, I'd ask Respondent's counsel to please revise the Respondent's witness list to comply with that specific term of his PTA. Thanks. R/s, Jeff Muñoz Major USMC Deputy Staff Judge Advocate MAGTFTC-MCAGCC Box 788102 Twentynine Palms, CA 92278 Comm: 760-830-5252 BB: 760-401-7913 Fax: 760-830-5255 DSN: 312-230-xxxx 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. ________________________________ From: Hur Capt Christian P Sent: Tue 3/8/2011 7:23 PM To: Munoz Maj Jeffrey V; 'Haytham Faraj' Cc: Miner Maj Brett C; scarselli13@yahoo.com; Scarselli Maj Pietro P Subject: RE: Scarselli BOI Gentlemen, Maj Scarselli's witness list for his BOI is attached. We recognize that we plan to call a lot of witnesses to speak for and defend him. Obviously, if "ALL" the charges from the original charge sheet are going to be discussed at the BOI then a lot of witnesses will be needed. VTC or telephonic testimony for those witnesses not reasonably available per the SECNAVIST is acceptable of course. Also, his list can be pared down if the subject of the BOI is just going to be the NJP that was accepted by the CG. Thank you. 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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NJP modification signed by defense US v Scarselli.pdf
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