Capt Hur, I will be TAD next week, but Maj Hatch will be here to get those Gmail chats. In that vein, please see the attached discovery. Regarding the requested records checks, please see the following: 1. Pursuant to a request from Captain Evan DAY, USMC, Trial Counsel in captioned investigation, on 26Aug10, Reporting Agent (RA) received the results of criminal records checks on V/BROODER, V/COOK, V/CUSACK and Rebecca BARKER. 2. A review of the records checks on V/BROODER revealed she was booked on 23Apr04 for a violation of California Vehicle Code 23152(A) (Driving Under the Influence). V/BROODER was convicted of a misdemeanor and sentenced to probation, jail and a fine. 3. A review of the records checks on V/COOK revealed she was cited in Arizona for being in a traffic accident in January 2001 and not having her registration in the car (Arizona Vehicle Code 28.2158 and 28.701). 4. A review of the records checks on V/CUSACK revealed no derogatory information. 5. A review of the records checks on Rebecca BARKER revealed no derogatory information. With regard to the conviction on Brooder and citation on Cook, I do currently intend to file a brief motion in limine to exclude cross-examination on both, since neither offense is either a felony or a crimen falsi. Regarding the USACIL file, the disc they gave me was copy-protected, so I am going to request a duplicate. My copy is available for inspection on request in the meantime. Finally, I note that I did include a request for reciprocal discovery in my response (dated 1 Jul 10) to the original defense discovery request. 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: Hur Capt Christian P Sent: Thursday, August 26, 2010 8:01 To: Day Capt Evan S; Hatch MAJ Douglas C Cc: 'Faraj, Haytham'; Sullivan LtCol Sean Subject: Wacker gmail chats Capt Day, Mr. Faraj has asked me to turn over some gmail chats to you that we have. I will be at Miramar on Monday and will bring them with me to give a copy to 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. -----Original Message----- From: Day Capt Evan S Sent: Wednesday, August 25, 2010 23:00 To: Hur Capt Christian P; Hatch MAJ Douglas C Cc: 'Faraj, Haytham'; Sullivan LtCol Sean Subject: RE: US v. Wacker: 2nd Defense Discovery Request Capt Hur, The government's response is attached. 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: Hur Capt Christian P Sent: Monday, August 23, 2010 16:57 To: Day Capt Evan S; Hatch MAJ Douglas C Cc: 'Faraj, Haytham'; Sullivan LtCol Sean Subject: US v. Wacker: 2nd Defense Discovery Request Gentlemen, An additional defense discovery request is attached. 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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