RE: Court-Martial ICO Capt James Rowe

["Haytham Faraj" <Haytham@puckettfaraj.com>]

Maj Ford,
You should plan to be in court no later than 1300 on the 13th.  To be safe 
you should plan on remaining until the 16th.  You may be able to move your 
flight up should you need to leave early.

-----Original Message-----
From: Ford Maj Stephen K [mailto:stephen.ford@usmc.mil]
Sent: Tuesday, November 29, 2011 4:25 AM
To: Shinn Capt Scott R
Cc: haytham@puckettfaraj.com
Subject: RE: Court-Martial ICO Capt James Rowe

Capt Shinn,

I need to make my flight reservations very soon (preferably tomorrow, JST). 
Should I just plan to fly in on the 12th and back out on the 15th?  Or do I 
need to arrive on the 11th and leave on the 16th?

Please advise.

Semper Fires,
Maj Ford

Major S.K. Ford, USMC
Regt S-4/Logistics Officer
12th Marine Regiment
3d Marine Division
DSN (at Camp Fuji): 224-8619
BB: 080-1032-6176
E-Mail: stephen.ford@usmc.mil

The King Don't Hump,
The King Don't Swim,
The King Don't Fly............
"It's good to be King, whatever it pays"
--Tom Petty, 1994


-----Original Message-----
From: Shinn Capt Scott R
Sent: Saturday, November 19, 2011 8:06
To: Ford Maj Stephen K
Cc: 'haytham@puckettfaraj.com'
Subject: RE: Court-Martial ICO Capt James Rowe

Sir,
  The uniform is Service Bravos with ribbons (no shooting badges).  The 
trial counsel will assist in arranging your travel (cross-org'ing the LOAs, 
etc).  Trial is scheduled for 12-15 December.

  I just PCS'ed from Camp Foster myself, so I fully appreciate the pain of 
CONUS travel.  I am a new addition to the defense team but either Mr. Faraj 
or I will be in contact with you soon to discuss and prep you for your 
testimony.  We will do everything in our power to make this as pain-free as 
possible.  In-person testimony is preferred, but VTC is not out of the 
question.  Mr. Faraj is lead counsel so he, Jim, and I will discuss the best 
COA to go forward with regarding your testimony and get back to you ASAP.

  Thank you for being a character witness for Jim.


V/r,

S. Russell Shinn
Captain, US Marine Corps

Officer-in-Charge
Defense Counsel Assistance Program
Marine Corps Defense Services Organization

703.614.0885 (w)
703.470.0671 (c)

"Marines Defending Marines"



-----Original Message-----
From: Ford Maj Stephen K
Sent: Friday, November 18, 2011 17:47
To: Shinn Capt Scott R
Cc: 'haytham@puckettfaraj.com'
Subject: Fw: Court-Martial ICO Capt James Rowe

Capt Shinn,

As you can see below, I have been contacted by the prosecution for this 
case.  In the e-mail chain you can see that I'm currently in the field at 
Camp Fuji on mainland Japan and am stationed in Okinawa.  I am willing to do 
whatever I need to do so that I can testify on Jim's behalf.  I'm sure he 
has briefed you on our history together both personally and professionally.

As I mentioned below, I'm not familiar with the case and don't really know 
what will be required of me.  If you could shed some light on any 
preparations I need to make, that would be helpful.  Additionally, if you 
could pass along a required uniform list for the trial, I would appreciate 
it.  Finally, please let me know the dates I need to be present.  Getting to 
CONUS from Okinawa requires plenty of advanced notice and DTS is always fun!

Semper Fires,
Maj Ford


Major S.K. Ford, USMC
Regt S-4/Logistics Officer
12th Marine Regiment
3d Marine Division
DSN: 623-7277
BB: 080-1032-6176
--------------------------
Sent using BlackBerry


----- Original Message -----
From: Combe Capt Peter C
To: Ford Maj Stephen K
Sent: Sat Nov 19 07:20:53 2011
Subject: RE: Court-Martial ICO Capt James Rowe

Well Sir,

The military judge has ordered me to produce you as a witness if possible. 
Therefore, I am planning to have you here even if the defense doesn't 
contact you before trial if that works for you and you could accommodate it.

As for possible VTC testimony, that would have to be the defense's decision. 
They can object to my providing a witness via VTC, and as it is Capt Rowe's 
rights that we are looking to protect in this process that is the overriding 
concern.

That said, I will provide email addresses for both defense counsel so that 
you can contact them and ask what their preference is.

Capt Rowe's detailed (military) attorney is Capt Scott (goes by his middle 
name, Russell) Shinn: scott.shinn@usmc.mil.
His civilian attorney is Mr. Haytham Faraj: haytham@puckettfaraj.com

Thanks for your understanding, Sir.

Very Respectfully,
Capt Peter C. Combe II
Trial Counsel
Office of the SJA, MCB Quantico
3250 Catlin Ave.
Quantico, VA 22134

Comm: (703) 784-0037  DSN: 278
Fax: (703) 784-0035  DSN: 278


-----Original Message-----
From: Ford Maj Stephen K
Sent: Friday, November 18, 2011 16:33
To: Combe Capt Peter C
Subject: Re: Court-Martial ICO Capt James Rowe

Capt Combe,

No problem.  I am supposed to be in South Korea for an initial planning 
conference, but I think I can be flexible with that.  I'll have to check 
with the Division Gunner to see if he can flex his schedule.

Secondly, should I be getting contacted by the defense?  I would assume that 
unless they ask me, this is really a moot point.  While I have operational 
commitments, I certainly want to testify on Capt Rowe's behalf.  If I can't 
shift the IPC dates, is it possible to submit testimony via VTC?  Obviously 
being there in person would be preferable.

Thanks for the answers and the quick response.  I'll stand by for more word.

Semper Fires,
Maj Ford


Major S.K. Ford, USMC
Regt S-4/Logistics Officer
12th Marine Regiment
3d Marine Division
DSN: 623-7277
BB: 080-1032-6176
--------------------------
Sent using BlackBerry


----- Original Message -----
From: Combe Capt Peter C
To: Stephen Ford <fordsk08@yahoo.com>
Cc: Ford Maj Stephen K
Sent: Sat Nov 19 05:33:05 2011
Subject: RE: Court-Martial ICO Capt James Rowe

Sorry about that Sir,

I was going off of a phone number provided to me by the defense, and when it 
matched a Maj Steve Ford in the GAL I assumed the defense had done their 
homework.

The case against Capt Rowe involves allegations of sexual assault stemming 
from a relationship and follow on incident with a female officer stationed 
with him at 8th and I.  I don't want to get into too many details about 
those facts as your testimony is really relevant to Capt Rowe's character.

Good military character is admissible in court as a defense to every and any 
charge under the UCMJ.  The logic goes that this is allowed because the 
members can believe that a good Marine is unlikely to commit a crime.  This 
is essentially where your testimony comes in.  The defense contends, and you 
have confirmed, that you would testify that Capt Rowe has good military 
character and that Capt Rowe was essentially a good (or great) Marine.

For your edification, this is very common and is presented in almost every 
case that I have tried.  That said, if you are going to be a witness I would 
hope (and expect) that the defense would contact you.

As for trial dates, I understand that you are (way) out of the area, but 
would you be able to attend a trial the week of 12 December?  Of course, our 
command prosecuting this will fund all travel through DTS.

I look forward to the opportunity to speak to you, and thanks for the prompt 
response.

Very Respectfully,
Capt Peter C. Combe II
Trial Counsel
Office of the SJA, MCB Quantico
3250 Catlin Ave.
Quantico, VA 22134

Comm: (703) 784-0037  DSN: 278
Fax: (703) 784-0035  DSN: 278


-----Original Message-----
From: Stephen Ford [mailto:fordsk08@yahoo.com]
Sent: Thursday, November 17, 2011 19:32
To: Combe Capt Peter C
Cc: Ford Maj Steven M; Ford Maj Stephen K
Subject: Re: Court-Martial ICO Capt James Rowe

Capt Combe,

I would reckon that the reason you got the wrong voicemail, is that you were 
looking up the wrong Maj Ford.  I've C.c.'d my correct USMC e-mail address 
above.

To answer some of your assumptions below, I do know Capt James Rowe very 
well.  I would absolutely be willing to testify on his behalf as to his good 
military character and his personal character.  I haven't been contacted by 
the defense and don't know anything about the below incident to which you 
are referring.

I am currently in the field at Camp Fuji on mainland Japan.  The best method 
for contacting me is via e-mail on my blackberry at my USMC account.  I will 
have access to quality DSN after 20 Nov when back at Camp Fuji base camp.

Any background on this case you can provide would be helpful so that I know 
why I am providing character statements, if that makes sense.  Not that it 
will change my experiences or character assessment of Capt Rowe;  I just 
would like to know what I am applying my name and professional reputation 
against.

Semper Fires,
Maj Ford

Sent from my iPhone

On Nov 18, 2011, at 6:14, "Combe Capt Peter C" <peter.combe@usmc.mil> wrote:

> Good afternoon sir,
>
> My apologies for contacting you via email, I called the number listed for 
> you in the GAL and got a voicemail for a Maj Hodge (spelling?).
>
> I am a prosecutor at MCB Quantico.  I am currently prosecuting a case 
> involving a Capt James Rowe for a relationship and an incident that he had 
> with former 1stLt Ariana Klay.
>
> I received your name and telephone number (the same listed in the GAL) 
> from the defense.  They have indicated that you are a potential witness to 
> the good military character of Capt Rowe.
>
> I was hoping to have the opportunity to speak with you about your 
> testimony (assuming the defense has spoken to you), and if possible to 
> ascertain your availability for trial.  If you would please call me at 
> 703-784-0037 (DSN: 278-0037) I would greatly appreciate it.
>
> Thanks very much for your time.
>
> Very Respectfully,
> Peter C. Combe II
> Capt, U.S. Marine Corps
> Trial Counsel
>
> Office of the Staff Judge Advocate
> Military Justice Office
> Marine Corps Base Quantico
> 3250 Catlin Avenue
> Quantico, VA 22134
>
> Comm: (703) 784-0037  DSN: 278
> Fax: (703) 784-0035  DSN: 278
>
> NOTICE:  This electronic transmission contains privacy sensitive 
> information, attorney work-product or information protected under the 
> attorney-client privilege.  It is confidential, legally privileged and 
> intended for use only by the individual or entity which is entitled to 
> receive this transmission for official use only.  Any misuse or 
> unauthorized access is strictly prohibited and may result in both civil 
> and criminal penalties.  Do not release this information without prior 
> authorization from the sender.  If this has inadvertently reached the 
> wrong party, please delete all materials pertaining to it immediately and 
> notify the sender at the email address or phone number above.  This 
> electronic transmission is also not intended by the sender or the agency 
> to constitute either an electronic record, or an electronic signature, or 
> to constitute any agreement by the sender to conduct a transaction by 
> electronic means.
>
>