Gentlemen,
2 of 3.
ERR
Maj Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
-----Original Message-----
From: Foster Col Timothy S
Sent: Friday, March 25, 2011 16:16
To: Redman Maj Hugh J; Close Col Bradley; Minick Col James J
Cc: Miner Maj Brett C; Hur Capt Christian P; Scarselli Maj Pietro P; 'scarselli13@yahoo.com'; 'haytham@puckettfaraj.com'
Subject: Re: RESPONDENT MATERIALS ICO BOI PIETRO SCARSELLI, MAJ, USMC
Maj Redman,
As discuss, the magnitude of the documents provided for review, and uncertainty as to whether board members have begun their review, I have determined that the Counsel for the Respondent be allowed to submit the Respondent's NJP materials submitted at NJP.
Cols Close and Minnick; Please include this material (once received) in your review in preparation for the board. Please acknowledge receipt and understanding at your earliest convenience.
S/F
Col Tim Foster
--------------------------
Sent using BlackBerry
----- Original Message -----
From: Redman Maj Hugh J
To: Foster Col Timothy S
Cc: Miner Maj Brett C; Hur Capt Christian P; Scarselli Maj Pietro P; 'scarselli13@yahoo.com' <scarselli13@yahoo.com>; 'haytham@puckettfaraj.com' <haytham@puckettfaraj.com>
Sent: Fri Mar 25 18:42:16 2011
Subject: RE: RESPONDENT MATERIALS ICO BOI PIETRO SCARSELLI, MAJ, USMC
Sir:
I offer the following guidance in light of an objection raised by Counsel for the Respondent earlier today:
Per paragraph 6(h) of enclosure 8 to SECNAVINST 1920.6C, the Respondent has the right to submit at any time before the board convenes or during the proceedings, "any matter," to include "answers." If the board is provided (for pre-board consideration) the previous NJP documents submitted by the Government at NJP, then the Respondent should be allowed to submit his "answer" he provided at the NJP for pre-board consideration.
In my opinion, the better approach (if possible) would be to have no review whatsoever take place prior to the board. If no member has actually begun reviewing the records, I recommend the Senior Member instruct all members not to review the NJP package provided by the Government, and simply take as much time as needed to review all materials once the board convenes ("The board will now recess to review these documents.").
If review has already begun by one or more members, I recommend that the Counsel for the Respondent be allowed to submit (for the same pre-board consideration) the Respondent's NJP materials submitted at NJP.
Very Respectfully,
Major Redman (Appointed Legal Advisor)
Major Hugh Redman, USMC
SJA, MCAS Yuma
928-269-3484 (DSN 269)
hugh.redman@usmc.mil
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, March 25, 2011 14:16
To: Redman Maj Hugh J; Miner Maj Brett C
Cc: Scarselli Maj Pietro P; 'scarselli13@yahoo.com'; 'haytham@puckettfaraj.com'
Subject: RE: RESPONDENT MATERIALS ICO BOI PIETRO SCARSELLI, MAJ, USMC
Sir,
We don't have any objection to you being the legal advisor at present. Respectfully, your email solidifies our belief in your impartiality. To summarize our positions:
If Maj Miner is going to give the members the Government's binder submitted at CG's NJP to read in advance, we ask that he also give them each a copy of Maj Scarselli's binder that was submitted to the CG at NJP. This balances out the two positions.
If Maj Miner declines to do so, then we respectfully ask that no materials be read or considered until the date of the hearing by any member in fairness to both sides.
So that Maj Scarselli isn't prejudiced because of me raising these objections, I ask that you please deliver your advice to the senior member as opposed to me doing it. I'm of course happy to do it as well Sir; I just don't want to prejudice Maj Scarselli's position because of my zealous advocacy for him.
Thank you Sir.
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: Redman Maj Hugh J
Sent: Friday, March 25, 2011 13:07
To: Hur Capt Christian P; Miner Maj Brett C
Cc: Scarselli Maj Pietro P; 'scarselli13@yahoo.com'; 'haytham@puckettfaraj.com'
Subject: RE: RESPONDENT MATERIALS ICO BOI PIETRO SCARSELLI, MAJ, USMC
Gentlemen:
Having me weigh in at this point seems a little premature. The Respondent hasn't had a chance to challenge the legal advisor for cause yet. In other words, notwithstanding paragraph 4(i) of enclosure 8 to SECNAVINST 1920.6C, I question my authority to "rule" on procedure questions prior to the board convening and therefore before the Respondent has had a chance to question and challenge my appointment as the legal advisor.
Is there no hope of both sides agreeing on pre-board submissions? Is there a genuine disagreement on each of the points raised by Captain Hur? If both sides can't work it out, Col Foster needs to be brought in the loop and made aware of exactly what the objections are. I can advise him at that time if he wants me to weigh in.
V/R,
Major Hugh Redman, USMC
SJA, MCAS Yuma
928-269-3484 (DSN 269)
hugh.redman@usmc.mil
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, March 25, 2011 9:52
To: Miner Maj Brett C
Cc: Redman Maj Hugh J; Scarselli Maj Pietro P; scarselli13@yahoo.com; 'haytham@puckettfaraj.com'
Subject: RESPONDENT MATERIALS ICO BOI PIETRO SCARSELLI, MAJ, USMC
Sir,
I apologize for the witness issues you've obviously had when we submitted our advance witness list draft, but if you are going to send the Government's NJP Binder to all the members in advance (who indicated that they are going to read advance copies) in fairness Maj Scarselli's binder prepared for the CG's NJP should be sent too via fedex to each of the members. The members having a week to read the Government's binder and 1 hour to read Maj Scarselli's binder deprives Maj Scarselli of a fair hearing.
Our position is that if Maj Scarselli's binder to the CG for his NJP is not submitted to the members in advance too, no member should be reading any materials in advance of the BOI according to SECNAVINST 1920.6c, Encl 8, pp. 4-5, paragraph 6(e)(d)(h). The script you sent at page 11 even indicates that exhibits are not supposed to be considered until the Senior Member rules on any objections.
SECNAVINST 1920.6C, Encl 8, Paragraph 6(d) explains that Maj Scarselli should be given an advance list of witnesses the Government intends to call and the opportunity to speak with them in advance before the board convenes. We have not received any such Government witness list nor had an opportunity to speak with anyone the Government intends to call.
Paragraph 6(e) states that Maj Scarselli should get a copy of all materials given to the members. I understand that you say you forwarded them the NJP binder, but we request a copy please of exactly what the members obtained. My address is below.
Paragraph 6(h) gives Maj Scarselli the right to submit matters before the board convenes. We are asking for your assistance to please forward a copy of Maj Scarselli's binder submitted to BGen Clardy at his CG's NJP of Maj Scarselli.
If the members are to read the Government's materials in advance over my objection, I intend to email the members later this evening key portions of Maj Scarselli's materials for them to read and consider in advance.
I've cc'd the neutral legal advisor for a ruling on these issues consistent with his authority under the SECNAVINST. Thank you for considering my request Sir.
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: Miner Maj Brett C
Sent: Friday, March 25, 2011 8:42
To: Hur Capt Christian P
Subject: RE: SCARSELLI BOI
Capt Hur,
I did not send them the defense binder. We can take as much time as we need for the members to read the defense materials. Also, I am sure that the board members have the ability to wait until they hear all the evidence in this case. They are experienced Marine Corps Colonels with prior command experience.
I am very disappointed in the witness list and contact information. Most of the information is not accurate or updated and a lot of the proffers in your request are not accurate. For example, you ask for BGen Simcock, stating that he "will attest that Maj Scarselli is a good Marine Corps officer of the highest integrity." He told me that nobody from the defense has even contacted him, further and more importantly, that is not his opinion! It appears that your witness request is a cut and paste request for witnesses that you have not talked to. Very frustrating, and in my opinion, not the way to do business.
ERR
Maj Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, March 25, 2011 8:28
To: Miner Maj Brett C
Cc: Scarselli Maj Pietro P; scarselli13@yahoo.com; 'haytham@puckettfaraj.com'
Subject: RE: SCARSELLI BOI
Maj Miner, Sir,
Did you give them the defense materials that were given to the CG at NJP (ie his fitness reports, awards and letters of recommendations and affidavits)? If not, that's fine and we'll plan on giving you copies of what we have today and supplement on the day of the board. I just need to know if they have the defense materials in hand or if that's something we need to get you to them today.
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: Miner Maj Brett C
Sent: Friday, March 25, 2011 8:06
To: Foster Col Timothy S; Close Col Bradley; Minick Col James J
Cc: Redman Maj Hugh J; 'Haytham Faraj'; Hur Capt Christian P; Tutaj SSgt Marcin J
Subject: RE: SCARSELLI BOI
Sir,
I anticipate two days. Travel days (Wed and Sat). I had thought about flights out on Friday night, but we are about a hour from Palm Springs and I really wouldn't want to push up against a flight time. If in the event we end early, likely that you could change flights at no cost for a red-eye/late flight out on Fri night, but I haven't looked at the flight schedules.
ERRR
Maj Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
-----Original Message-----
From: Foster Col Timothy S
Sent: Friday, March 25, 2011 7:17
To: Miner Maj Brett C; Close Col Bradley; Minick Col James J
Cc: Redman Maj Hugh J; 'Haytham Faraj'; Hur Capt Christian P; Tutaj SSgt Marcin J
Subject: RE: SCARSELLI BOI
Maj Miner,
Got it. Thanks. Based on your experience, do you expect the BOI to consume 1 or 2 days. Initial coordination indicated travel dates 30 Mar and 1 Apr with BOI conducted on 31 Mar. Believe I need to provide members with estimated completion date/time iot plan return trip. All other coordinating instructions GTG.
Col Tim Foster, USMC
Assistant Chief of Staff, G-3
Training Command (C47)
DSN: 378-2196
Comm: (703) 432-2196
Cell: (240) 299-2263
-----Original Message-----
From: Miner Maj Brett C
Sent: Thursday, March 24, 2011 15:54
To: Foster Col Timothy S; Close Col Bradley; Minick Col James J
Cc: Redman Maj Hugh J; Haytham Faraj; Hur Capt Christian P; Tutaj SSgt Marcin J
Subject: SCARSELLI BOI
Importance: High
Gentlemen,
Attached are LtGen Flynn's order directing a BOI and BGen Clardy III's order appointing you as members, with Col Foster as the senior member. Maj Hugh Redman has also been appointed as the legal advisor. I will represent the government as the recorder.
I have also attached the hearing guide. Pretty short, but you can generally familiarize yourself with the mechanics of the board.
By now you should have all received a three ring binder containing one of the government exhibits in the case. This is ONLY the information that BGen Clardy III received as it related to Maj Scarselli's NJP, and that subsequently was forwarded to LtGen Flynn for the 'show cause' decision. The idea behind the pre-read, based on the quantity of information, is to streamline the BOI, so we don't have to break for an entire day to digest that information. I expect additional evidence from the defense and potentially from the government in this case. That being said, I would expect you to wait until ALL evidence from both sides has been submitted to begin formulating any decisions in this case.
It is my understanding that Mr. Brad Beaudine (TECOM) has cross org'd you for DTS purposes and all the orders have been approved. We also have rooms reserved at the Q.
POC on the ground here is our legal chief, SSgt Marcin Tutaj (office) 760-830-5249, or (cell) 630-649-0431.
Break...Col Foster, Sir, unless otherwise directed, I will plan on the following coordinating instructions for the hearing.
DATE: 31 Mar 11 - 1 Apr 11
TIME: 0800
LOCATION: Joint Law Center (Bldg 1515)
UNIFORM: Utilities
Please feel free to call me as well with any questions or concerns.
ERRR
Maj Miner
Brett C. Miner
Major, USMC
Military Justice Officer
MCAGCC / MAGTFTC
Box 788102
Twentynine Palms, CA 92278
Comm: 760-830-9077
Cell: 949-300-4884
Fax: 760-830-3930
Attachment:
SCAR_DEF_21.PDF
Description: Adobe PDF document
Attachment:
smime.p7s
Description: S/MIME cryptographic signature