Sir, Attached please find the updated Charge Sheet in the case of U.S. v. 1st Lt Patrick T. Burke. Please note that Charge IV has been withdrawn at the direction of the convening authority. The Government does intend to re-prefer the Article 134 charge tomorrow morning. As an additional matter, Capt Kirk Albertson has been assigned as senior trial counsel to this case vice Capt Matthew Talcott. Please advise if you have any questions or concerns. v/r, Dustin B. Kouba, Capt, USAF Trial Counsel 7 Lancer Loop, Ste 223 Dyess AFB, TX 79607 DSN: 461-2035 Comm: 325-696-2035 CONFIDENTIALITY NOTICE: This electronic transmission contains confidential information intended only for the person(s) named in the distribution above. It may contain attorney work-product or information protected under the attorney-client privilege, both of which are protected from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. Confidential information is also protected by the Privacy Act, 5 U.S.C. § 552a, or other applicable laws. Do not release outside of DoD channels without prior authorization from the sender. If you receive this transmission in error, please notify the sender and delete copies of this message. -----Original Message----- From: Doser-Pascual, Ranae L Capt MIL USAF AFLOA/JAJD [mailto:Ranae.Doser-Pascual@pentagon.af.mil] Sent: Tuesday, September 27, 2011 12:34 PM To: VAN DALEN, MATTHEW D LtCol USAF AETC AFLOA/JAT Cc: Kouba, Dustin B Capt USAF ACC 7 BW/JA; Puckett Neal; Faraj Haytham; Talcott, Matthew D Capt USAF PACAF AFLOA/JAJG Subject: U.S. v. 1LT Burke, Notice of Defense Motions Sir, Acknowledging motions are due today, the Defense wanted to inform you that we intended to file a motion to dismiss for failure to state an offense as to Charge IV, an alleged violation of UCMJ, Article 134. Our motion would be based on the recent C.A.A.F. decision in U.S. v. Fosler as the subject charge does not include a terminal element. However, Trial Counsel, Capt Kouba, informed us today that the Government intends to withdraw and re-prefer the Article 134 charge tomorrow morning. Pending the Government?s action of withdrawing the charge that would be the focus of our motion, the Defense does not believe a motion to dismiss would be necessary. However, if the Government does not withdraw the charge as they have indicated, we likely will file a motion to dismiss at that time. There are no other motions the Defense intends to submit at this time. If we determine a motion is necessary following the new preferral, we will inform all parties in a timely manner. V/r Ranae Ranae L. Doser-Pascual, Capt, USAF AFLOA/JAJD Deputy Chief Policy and Training Joint Base Andrews NAF, MD DSN: 612-4792 COMM: 240-612-4792
Attachment:
Charge Sheet - Withdrawn Charge IV - U.S. v. Burke.pdf
Description: Adobe PDF document
Attachment:
smime.p7s
Description: S/MIME cryptographic signature