Sir, Attached is the Article 32 Investigating Officer's report. This was not available for the rehearing. The defense requests that you review it, and asks for a reconsideration of the confinement decision. V/R, Capt Boyer -----Original Message----- From: Maroudis Maj Socrates S Sent: Thursday, September 02, 2010 14:04 To: Logan Capt Gavin K; 'Haytham Faraj'; Boyer Capt John F Cc: Houtz Maj Pete D; Torresala Capt John W; 'Johnson, Carrin QM2 NCBM' Subject: RE: Vega pretrial confinement Yes, Sept 9th. Apologies for the omission. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Logan Capt Gavin K Sent: Thursday, September 02, 2010 1:47 PM To: Maroudis Maj Socrates S; 'Haytham Faraj'; Boyer Capt John F Cc: Houtz Maj Pete D; Torresala Capt John W; 'Johnson, Carrin QM2 NCBM' Subject: RE: Vega pretrial confinement Sir, Confirm receipt. Thursday 9 Sep, correct? Sf -Capt Logan -----Original Message----- From: Maroudis Maj Socrates S Sent: Thursday, September 02, 2010 13:27 To: Haytham Faraj; Boyer Capt John F Cc: Houtz Maj Pete D; Torresala Capt John W; Logan Capt Gavin K; 'Johnson, Carrin QM2 NCBM' Subject: RE: Vega pretrial confinement Gentlemen, SSgt Vega's pre-trial confinement reconsideration is scheduled for Thursday at 0900 at the Miramar Brig. Request positive confirmation from defense and trial counsel. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, August 31, 2010 11:01 AM To: Maroudis Maj Socrates S; Boyer Capt John F Cc: Houtz Maj Pete D; Torresala Capt John W; Logan Capt Gavin K; 'Johnson, Carrin QM2 NCBM' Subject: RE: Vega pretrial confinement Maj Maroudis, I am afraid that I am cause of the requested schedule change. As you know I am SSgt Vega's civilian counsel. He requested that I be physically present at the IRO hearing. Unfortunately, I can't be physically present Thursday because I am on the East Coast. I am scheduled to fly back to the West Coast late next week. That is why we asked for Friday. I frankly forgot about the air show. I know what a planning and logistical burden that is. Please give me some time to discuss this with my client to see if we can keep this Thursday. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. -----Original Message----- From: Maroudis Maj Socrates S [mailto:socrates.maroudis@usmc.mil] Sent: Monday, August 30, 2010 7:52 PM To: Boyer Capt John F Cc: haytham@puckettfaraj.com; Houtz Maj Pete D; Torresala Capt John W; Logan Capt Gavin K; Johnson, Carrin QM2 NCBM Subject: RE: Vega pretrial confinement Capt Boyer, Is there no way we can do it this Thursday? I will be on leave starting at 1200 the 10th, but I am free any other day that week. As we get closer to the air show, my schedule gets much busier, so the sooner the better. The Brig prefers either Tuesday or Thursday. Worst case, let's look at the morning of 14 or 16 September. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Boyer Capt John F Sent: Monday, August 30, 2010 3:49 PM To: Maroudis Maj Socrates S Cc: haytham@puckettfaraj.com; Houtz Maj Pete D; Torresala Capt John W Subject: RE: Vega pretrial confinement Sir, Defense requests the IRO Rehearing be rescheduled until the afternoon of Friday, 10 September 2010. This will allow SSgt Vega's civilian defense counsel, Mr. Faraj, to be present. Please advise if this works with your schedule. V/R, Capt Boyer -----Original Message----- From: Maroudis Maj Socrates S Sent: Friday, August 27, 2010 14:24 To: Haytham; Houtz Maj Pete D Cc: Boyer Capt John F; Logan Capt Gavin K; Johnson, Carrin QM2 NCBM Subject: RE: Vega pretrial confinement Gentlemen, I have decided to grant a reconsideration of the pre-trial confinement of SSgt Vega. The reconsideration is scheduled for Thursday, 2 September 2010 at 0900 at the MCAS Miramar Brig. If there are any major conflicts, let me know; however, there are very few open spots on my calendar next week. S/F, Maj Stefan "Man-Ho" Maroudis Blue Angels Liaison MCAS Miramar Air Show 858.577.4302 (DSN 267) 858.243.6040 (C) -----Original Message----- From: Haytham [mailto:haytham@puckettfaraj.com] Sent: Thursday, August 26, 2010 11:59 AM To: Houtz Maj Pete D Cc: Maroudis Maj Socrates S; Boyer Capt John F; Logan Capt Gavin K Subject: Re: Vega pretrial confinement Maj Houtz, Following the email from LtCol Daily, Maj Hatch sent an email recognizing Maj Maroudis as the sole authority to grant such a request. I remind you that your commander does not have a say on whether to grant a hearing. She ordered his confinement. That said, if your position is that the commander who ordered confinement gets to make decision on granting a rehearing then please let me know. Vr, Haytham Faraj 760-521-7934 Sent from my iPhone On Aug 26, 2010, at 11:47 AM, "Houtz Maj Pete D" <pete.houtz@usmc.mil> wrote: > Maj Maroudis, > > Please see the response to Mr. Faraj from the SJA of MCRD SD. > > This is the process that must be followed prior to any decisions. > > Please copy or fwd to my office any communications with Mr. Faraj. > > Essentially, we need a written request from the defense to the Commander who placed SSgt Vega in confinement. At that point we will respond to you with the Commands endorsement to their request. Then, you will be able to make a decision whether to have a re-hearing. > > Thanks, > > Maj Houtz > > -----Original Message----- > From: Sullivan LtCol Sean > Sent: Wednesday, August 25, 2010 14:51 > To: Haytham Faraj > Cc: Houtz Maj Pete D; Logan Capt Gavin K; Boyer Capt John F > Subject: RE: Vega pretrial confinement > > Haytham, > > Please direct a formal written request with any substantiating evidence which corroborates the claims in your below email to the Commanding Officer who initially placed SNM in confinement. As you are aware, the pretrial confinement decision is Commander's call and thus it seems that you are requesting reconsideration based upon alleged new evidence. A formal written request to CO via trial counsel will ensure we have a professional paper trial on this matter. > > s/f-Sean > > LTCOL Sean M. Sullivan, USMCR > Staff Judge Advocate, MCRD > 3700 Chosin Ave, Building 12 > San Diego Ca 92140 > (O) 619 524 4104 DSN 524 4104 > (BB) 619 302 2145 > > > -----Original Message----- > From: Haytham Faraj [mailto:haytham@puckettfaraj.com] > Sent: Wednesday, August 25, 2010 14:41 > To: Sullivan LtCol Sean > Cc: Houtz Maj Pete D; Logan Capt Gavin K; Boyer Capt John F > Subject: Vega pretrial confinement > > Sean: > > During the Article 32 hearing yesterday several evidentiary matters were discovered or became clear. > > > > 1. At the time of the decision to confine Vega, the command was under the mistaken belief that he had taken a life insurance policy on the life of the accuser. That is NOT true. The life insurance policy had the girl's mom as the beneficiary. Mom claimed that her daughter told her it is Vega. She still believes that. > > 2. Yesterday the accuser also admitted that she told him that she took the gun. She claims that she only said that to piss him off. When pressed, she also admitted that she told the family counselor at MCRD that she took the missing gun. > > 3. Her claim that he threatened her with the gun was thoroughly impeached. She testified yesterday that Vega threatened her with the same gun. She told NCIS that the incident happened in the Spring of 2009. That is impossible. The gun disappeared by her own hand on June 17, 2008. She admitted that Vega continued to ask her about his gun well into 2009. He couldn't have threatened her with a gun that he continuously asked her about. > > 4. Finally, There has been no contact between Vega and is accuser since late 2009. Confining him in June of 2010 is simply unfair. You would never make that decision if you were the CA. The facts to justify confinement simply do not exist. Even the IO wondered why he was in confinement. I am not commenting on the charges. We will deal with those as they come. The facts that initially counseled for confinement simply do not exist. > > > > I respectfully request that the command release SSgt Vega. I have requested an IRO hearing. I feel, however, that spending even one extra night in jail would be patently unfair. > > > > Haytham Faraj, Esq. > > PUCKETT & FARAJ, PC > > _______________________ > > WASHINGTON DC METRO > > 1800 Diagonal Road > > Suite 210 > > Alexandria, VA 22314 > > 703-706-0442 Phone > > > > DETROIT METRO > > 6200 Schaefer Road > > Suite 202 > > Dearborn, MI 48126 > > 313-457-1390 Phone > > 202-280-1039 Fax > > > > www.puckettfaraj.com <http://www.puckettfaraj.com/> > > > > The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. > > >
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