Re: SSgt Lopez

[Haytham <haytham@puckettfaraj.com>]

Our position remains that is unclear who these so called candidates are. We have spoken to many and none were able to corroborate some of the allegations that a reading of the charge sheet suggests should be corroborated by the entire platoon. I'm prepared to stop the trial and file a motion to produce witnesses that are denied if we discover they are necessary. Do what you can. 

As far as the deal goes, you can explain it to SSgt Lopez. 

 

Haytham Faraj 
Sent from my iPhone

On Jul 18, 2011, at 2:26 PM, "White Capt Bret A" <bret.a.white@usmc.mil> wrote:

> Haytham,
> 
> 1stLt McGuire talked to me about this late last week.  The government is making the following offer:
> 
> - NJP where she pleads guilty consistent with her 410 proffer
> - No board waiver
> - proffer on GySgt Kelton (and I'm assuming cooperation in her trial)
> - proffer, if she knows anything, about SSgt Mercado's relationship with Cand. Wozniak and Partridge (I don't think she knows anything, though.)
> 
> I can discuss this with our client on Tuesday before the 39a, if you like.  Or we can call you on speaker together to discuss it.  Let me know what you prefer.  
> 
> Regarding the motion, I'm open to your input.  We have LtCol Hale as the MJ and, so far, he has seemed pretty government-friendly.  If I recall, their response is simply that we haven't met the burden on showing that these witnesses are necessary.  I think they have not moved at all on their responses in the bill of particulars or their original witness list, so it seems their motion response is disingenuous.  I think it's likely that LtCol Hale will try to get the government to concede on those previous filings in order to get us to concede on our request in the motion.  We can discuss if you get the chance.
> 
> V/r,
> 
> 
> Bret A. White
> Captain, U.S. Marine Corps
> Defense Counsel
> 
> Office of the Staff Judge Advocate
> Marine Corps Base               
> 3250 Catlin Avenue                            
> Quantico, VA 22134                           
> 
> Main:    703.784.4615/4628
> Direct:  703.784.0405
> Fax:     703.784.0259
> 
> 
> 
> 
> -----Original Message-----
> From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
> Sent: Monday, July 18, 2011 3:45
> To: Mcguire 1stLt Maryann N
> Cc: White Capt Bret A
> Subject: Re: SSgt Lopez
> 
> Lt Mcguire,
> I am outside the U.S. For the next 7 days. Can this wait or will it disrupt your ability to prep for trial? If you wish you can email me your recommendations which I will discuss with SSgt Lopez then call you to give you our decision. 
> 
> Haytham Faraj
> Sent from my iPad
> 
> On Jul 14, 2011, at 11:20 AM, "Mcguire 1stLt Maryann N" <maryann.mcguire@usmc.mil> wrote:
> 
>> Good Afternoon Sir, 
>> 
>> I hope you are enjoying your vacation. At you earliest convenience I would like to discuss a potential alternate disposition for the SSgt Lopez court-martial that may or may not be amenable to your client. If I am not in my office I can be reached on my cell phone at (914)419-7976. 
>> 
>> Very Respectfully, 
>> 
>> Maryann N. McGuire
>> First Lieutenant, U.S. Marine Corps
>> Trial Counsel
>> Office of the Staff Judge Advocate
>> Marine Corps Base, Quantico
>> 703-784-3675
>> 
>>