Doug, Please finish this up for us and get it back to me by tomorrow AM. Thanks. 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: Christian Hur [mailto:christian.hur@gmail.com] Sent: Wednesday, March 02, 2011 22:47 To: Hur Capt Christian P Cc: Haytham Faraj; Douglas Wacker Subject: 917 motion US v. Wacker Gentlemen, Here is an interesting case that bears relevance for our upcoming 917 motion. The facts from Collins could not support a conviction for substantially incapacitated where the woman in question jumped out of bed and was shortly thereafter seen playing video games. As in Collins, in our case, there is zero evidence Liz Easley was substantially incapacitated. She was fine at the bar. She said we want to stay. She was flirty, but not she never slurred her speech and she never appeared drunk. She remembered being at the daquri stand. She walked back to the hotel. She remembers standing and talking in the lobby as Doug orders the room. She said she gave Doug a back massage in the room before she said "I can't do this." She was fine when she entered the room with Becky and had been telling her boyfriend she would never cheat on him. Same argument with Jess Brooder: at bar she was standing on her own 2 feet. She was awake and talking. Maybe she was intoxicated, but she was not substantially incapacitated. Then, Jess was standing and talking with Liz in the hotel lobby. When she entered the room with Becky she was awake, talking, walking and wanted to call her boyfriend. -- Christian P. Hur
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COLLINS, K.C.pdf
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Wood J O 200900436.pdf
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