Part 2 is attached. Christian P. Hur Captain, USMC Senior Defense Counsel Telephone: (619) 524-8713 Fax: (619) 524-6784 Address: Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego, CA 92140 This email may contain Attorney Work Product. Please delete if you received this message in error. -----Original Message----- From: Sayegh LtCol Michael E Sent: Thursday, March 18, 2010 15:14 To: 'Haytham Faraj'; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian P; Keske Maj Zenon W; Hatch MAJ Douglas C Subject: SUMMARY OF ARTICLE 32 PRELIMINARY CONFERENCE ICO CAPTAIN WACKER ALCON: Telephonic conference began at approximately 1400. Government was represented by Captain Day and Major Hatch. Defense was represented by Mr. Faraj as civilian defense counsel. -Confirmed date, time, and location, and uniform of Article 32. -Confirmed charges as being those preferred on 7 Jan 2010 and that only one delay requests was needed. -Both parties agreed all defense requested witnesses had been addressed by the IO; however rulings on the record regarding availability for some of witnesses is needed in order to determine if sworn statement could be reviewed by the IO over defense objection. -No issues regarding the production of documentary evidence were raised. -All parties agreed that the IO could review the sworn statements of the victims as well as the exhibits listed in paragraphs (b) through (f) of the Government's exhibits list. After a brief discussion regarding whether doctor-patient privilege applied,, the defense requests the IO read 40 pages of journal entries from one of the alleged victims. Government agreed to make an effort to have these exhibits delivered to the IO this week. -Defense agreed to submit an exhibits list. -Defense intends to ask one of the alleged victims about her prior relationship with the accused and neither party was of the opinion that these questions would raise any MRE 412 issues. -IO indicated the parties had the option of submitting closing comments in writing, orally at the hearing, or both. -IO made both parties aware he would seek their input orally or in writing on whether the charges of Article 133 and 134 could be deemed multiplicious for findings or sentencing. -Both Government and defense were given the opportunity to bring any other matter to the IOs attention, both declined. The hearing ended at approximately 1445. s/f LtCol Michael Sayegh, USMC Investigating Officer phone: (928) 269-3484 duty cell: 928-941-7669 fax (928) 269-3486
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