Indecent act motion

[Haytham Faraj <haytham@puckettfaraj.com>]

I like the idea behind this motion.  It does not hurt to file it using the
facts of our case.  In the alternative, I certainly believe that we would be
entitled to a special instruction as follows:

Definition of open and notorious, and; "Members if you find that Capt Rowe
engaged in an open and notorious sexual act with Ariana Klay in the presence
of Jeremy Owens then you may find him guilty; If on the other hand you find
that Jeremy Owens was a willing and intended participant and that the locus
of the sexual act was not in a location that is open and notorious, then you
must find Capt Rowe Not Guilty of the charge of indecent act."  

The motion you sent me does not have a citation to language related to the
third person being an intended participant.  Is that just an argument based
on the case law or does the court actually says that in Sims.



-----Original Message-----
From: Shinn Capt Scott R [mailto:scott.shinn@usmc.mil] 
Sent: Thursday, November 10, 2011 1:36 PM
To: Haytham Faraj
Subject: RE: Capt Rowe Documents 1

Haytham,
  Here are the docs we talked about on the phone (Owens depo & statement
along with the motion to dismiss)

SF
Russ

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, November 10, 2011 11:25
To: Shinn Capt Scott R
Cc: Mcconnell Major Matthew N
Subject: Re: Capt Rowe Documents 1

Russ,
Please forward me the emails Jim sent yesterday. There are missing pages in
the 32 Transcript and from phone transcript. Please ask Matt McConnell for
them. I only have hard copies and I'm away from my office this week. I would
like to meet with you on Thursday of next week before the 39a on the 18th.
Let's plan to do it in my office on the 17th. Jim I would like you to be
there also. I will have trial exhibits ready for review. Our motions have to
be in today. See if you can put together the multiplicity motion. Remember
the judge k ones the law. A short motion is sufficient. Please don't spend
too much time on it. 

Happy Birthday men!

Semper Fi

Haytham Faraj 
Sent from my iPhone

On Nov 10, 2011, at 9:59 AM, "Shinn Capt Scott R" <scott.shinn@usmc.mil>
wrote:

> Gentlemen,
>  I'm missing page 143 from the Rowe Art 32 transcript.  Can someone
provide it to me?
> 
> 
> Thanks!
> 
> V/r
> Capt Shinn
> 
> -----Original Message-----
> From: Mcconnell Major Matthew N 
> Sent: Wednesday, November 09, 2011 12:27
> To: Shinn Capt Scott R
> Subject: Capt Rowe Documents 1
> 
> Russ,
> 
> Attached are more documents for Capt Rowe.  These are the misc. documents
I have in my electronic file.  The will be the first of several e-mails.
Thanks.
> 
> s/f
> Maj M
> 
> Major Matthew N. McConnell, USMC
> Senior Defense Counsel, MCB Quantico
> Defense Services Organization, Eastern Region
> Marine Corps Base, Quantico               
> 3250 Catlin Avenue                            
> Quantico, VA 22134                           
> Front Desk: 703.784.4615
> Office:     703.432.0182
> 
>