RE: Defense motion to continue U.S. v. Rowe

[Haytham Faraj <haytham@puckettfaraj.com>]

I recall we discussed an NJP and an immediate unqualified resignation.  I
know that Capt Rowe's career is over.  But he is not going to be separated
at court martial even if you secure a conviction on one of the charges.  He
has an excellent record of service and has been in combat.  The members will
retain him.  If a BOI is held after retention by a court-martial they will
either retain, or separate with a General or Honorable.  I can get you there
if you are willing to work with me.  A BOI with a board waiver does not get
us there.  The CG wants him out.  I get it.  But the CG will waste a lot of
time working to get him out without a deal.  Remember that he suffers from
severe PTSD and Marine Corps policy requires that he go through a series of
steps before he is separated and certainly not with an OTH.  I know you and
Capt Hoover do not have much discretion in what happens but I hope you can
work with the SJA and the CA to make them understand that we can both get to
our objectives without taking inflexible positions.

-----Original Message-----
From: Combe Capt Peter C [mailto:peter.combe@usmc.mil] 
Sent: Thursday, October 27, 2011 10:44 AM
To: Haytham Faraj; Hoover Capt Christopher M
Cc: Mcconnell Major Matthew N
Subject: RE: Defense motion to continue U.S. v. Rowe

Mr. Faraj,

The deal that we had previously discussed was an NJP to the adultery,
indecent act, conduct unbecoming type offenses with a BOI waiver.

If that is what you are asking, then yes, those are the terms we believe are
in the ballpark.

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: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, October 27, 2011 10:34
To: Hoover Capt Christopher M
Cc: Mcconnell Major Matthew N; Combe Capt Peter C
Subject: RE: Defense motion to continue U.S. v. Rowe

Is this under the same terms that we previously discussed?

-----Original Message-----
From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] 
Sent: Thursday, October 27, 2011 8:09 AM
To: Haytham Faraj
Cc: Mcconnell Major Matthew N; Combe Capt Peter C
Subject: RE: Defense motion to continue U.S. v. Rowe

Gentlemen,
  We will not be requesting another deposition for Jeremy Owens.  We already
have 90% of his testimony sworn from his first deposition.  Immunity has
been provided through the DOJ, so Owens is available for interviews.  We
have already spoken with him this morning.
  The SJA for the CG has indicated that they will entertain offers for a
deal at this point.  I would recommend submitting a deal ASAP.  The
indication is that there is a good chance that we will be trying this case.
If you provide a deal now, we can work on getting approval.  If the deal is
untimely, then it is hard to sell approval if we are rushed.  I would think
that you would also like to know if you have a deal or not, so you can
prepare if required.

Captain Christopher M. Hoover
Military Justice Officer 
Marine Corps Base Quantico
(703) 432-0488 (office)
(603) 809-5781 (cell)


-----Original Message-----
From: Hale LtCol Charles C 
Sent: Wednesday, October 26, 2011 10:11
To: 'Haytham Faraj'; Hoover Capt Christopher M; Combe Capt Peter C
Cc: Mcconnell Major Matthew N; Miller Sgt Dan R; Presley Sgt Zane A; Hansen
Cpl Logan R; 'Hoey, Jeffrey T Sgt TRIJUDACT, WNYD'
Subject: RE: Defense motion to continue U.S. v. Rowe

Counsel,

Government response to the defense motion to continue is due by 0730 27 Oct
2011.  

Charles C. Hale
Lieutenant Colonel, U.S. Marine Corps
Circuit Military Judge
Northern Judicial Circuit
Bldg 200, 1250 10th St SE Suite 1300
Washington Navy Yard, DC 20374
http://auth.cnic.navy.mil/NDW/RegionNews/CourtDockets/NorthernJudicialCircui
t/
Phone: (202) 685-5893 Direct Line 202-685-5897 Quantico Judge's Chambers
703-432-2369
Fax: (202) 685-5895
charles.c.hale@navy.mil


 


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Wednesday, October 26, 2011 9:34
To: Hale LtCol Charles C
Cc: Mcconnell Major Matthew N; Miller Sgt Dan R; Presley Sgt Zane A; Hansen
Cpl Logan R; jeffrey.hoey@navy.mil
Subject: Defense motion to continue U.S. v. Rowe

Your honor,
The defense motion is attached.


Vr,

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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