WOW! Major Meridith L. Marshall Senior Defense Counsel MCAS, Miramar 858-577-1720 meridith.marshall@usmc.mil -----Original Message----- From: Dempsey Capt Suzanne M Sent: Tuesday, December 21, 2010 3:44 PM To: Jones LtCol David M Cc: neal@puckettfaraj.com; haytham@puckettfaraj.com; Marshall Maj Meridith L; Gannon Maj Nicholas L; Brower Capt Matthew R; Sullivan LtCol Sean; Myers SSgt Kara C Subject: Wuterich Mandate Importance: High Sir, I am the Review Officer at the LSSS, 1st MLG, Camp Pendleton, CA, and have been tasked with responding to the attached mandates forwarded by the appellate courts in the subject case. The mandates require authenticated transcripts, both sealed and unsealed, of the Article 39(a) sessions held on 13 and 14 September 2010. NMCCA ordered that the government produce the transcripts on or before 27 December 2010. The court reporters prepared the attached transcripts and Capt Brower reviewed them pursuant to R.C.M. 1103(i)(1)(A) this morning. I reviewed the transcripts and the exhibits maintained by the court reporters, but I did not find any sealed portions of the record or any sealed exhibits from the requested time period. However, on page 20 of the Article 39(a) session held on 13 September 2010, you stated that you would summarize the ex parte hearing held with the defense and seal it and attach it to the record. The court reporters do not have this sealed exhibit. Do you have this sealed exhibit in your possession, Sir? In order to respond to the mandate, I respectfully request the following from you, Sir: -That you review, authenticate, and return to me the transcripts from the Article 39(a) sessions held on 13 and 14 September. Please bring the original authenticated transcripts with you to Camp Pendleton to be inserted into the record of trial at the next session of court; and -That you locate and provide Code 46 with a certified true copy of the sealed exhibit. Your honor will retain the original copy of the referenced exhibit which we can insert into the record of trial at the next session of court. Code 46's address is: Appellate Government (Code 46) Attn: Brian Keller, Deputy Director Bldg 58, Ste B01 1254 Charles Morris St. SE Washington Navy Yard, DC 20374-5124 V/r, Capt Suzanne Dempsey LSSS AOIC/Review Officer Camp Pendleton, CA (760) 725-8769
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WuterichFD13Sept10.pdf
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Wuterich14Sept.pdf
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Wuterich NMCCA Order.pdf
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Attachment:
Wuterich CAAF Order.pdf
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