Sir, Attached is the defense motion for reconsideration of your previous suppression ruling regarding the 8 July 2009 interview based on new evidence not previously considered by yourself when deciding this issue (namely the Mr. Gardner sworn statement and the LtCol McGowan and Maj Blair reports given to Mr. Gill pre-July 2009). Mr. Faraj told me that he is very soon going to file an additional motion seeking to dismiss the case on the basis of unresolved UCI. Mr. Faraj also told me (assuming charges are not dismissed because of UCI) that he wants this case to go trial as planned on 30 November so as to not burden the court because of continuances occurring in several cases right now. The defense proposes that we litigate this motion and the UCI motion that Mr. Faraj will be filing before trial on the merits begins on 30 November so as to not disrupt the calendared trial dates. Thank you. 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.
Attachment:
RECONSIDERATION Exhibit D Suppression Ruling.doc
Description: MS-Word document
Attachment:
RECONSIDERATION Exhibit C Scarselli full 8 July 2009 statement.pdf
Description: Adobe PDF document
Attachment:
RECONSIDERATION Exhibit B Gardner signed statement.pdf
Description: Adobe PDF document
Attachment:
RECONSIDERATION Exhibit A IG interview and exhibit list.pdf
Description: Adobe PDF document
Attachment:
RECONSIDERATION Scarselli Motion to exclude evidence.pdf
Description: Adobe PDF document
Attachment:
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