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



Thank you. I appreciate your response. I will work to put something on paper and have it to you by Monday. 

Haytham Faraj 
Sent from my iPhone

On Oct 27, 2011, at 12:04 PM, "Combe Capt Peter C" <peter.combe@usmc.mil> wrote:

> Mr. Faraj,
> 
> We are certainly willing to work with you.  I agree that the CG's intent seems to be that Capt Rowe is out of the Marine Corps.  If we have a deal that gets us there, then I think both sides should do what we can to favorably endorse that to the CG.
> 
> I was not saying that the BOI waiver was an absolute necessity, but thought that was a starting point that had been discussed.
> 
> 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 11:35
> To: Combe Capt Peter C; Hoover Capt Christopher M
> Cc: Mcconnell Major Matthew N
> Subject: RE: Defense motion to continue U.S. v. Rowe
> 
> 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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