SSgt Lopez

[Haytham Faraj <haytham@puckettfaraj.com>]

 Capt Hoover and 1stLt Mcguire,
I hope that you had time to process the information you got from your
interview with SSgt Lopez.  Before we sat down for the interview, I
explained to 1stLt Mcguire that I am not looking for anything in return. As
you know, such a thing is unheard of.  I did it because I believed that when
you hear from SSgt Lopez, you will find that her role in any misconduct is
either de minimis or endorsed by people that are senior to her who were
present.  I imagine prosecuting her and arguing to the jury that she be
punished for conduct that went on regularly under the supervision of senior
officers and SNCOs or conduct that most jurors will find laughable given our
experiences in boot camp and OCS.  I think I would lose credibility as a
prosecutor with the jury. 

I am certainly prepared to go to trial.  And I am certain that we will have
a good outcome because of one very simple fact.  Lopez has completed several
successful tours on the Drill Field and OCS.  Only during this cycle did she
run into problems.  Jurors are smart.  They get it.  They're going to ask
why and who failed?  They're going to look to Davis, Kelton, and more
importantly Kraics.  The jury will not find Lopez guilty nor want to punish
her.  I am not writing to posture.  I don't do that.  I did want to point
out some things that I am sure are just as obvious to you as they are to me
and to ask whether these charges should not be dismissed.  Lopez can still
be punished with a reprimand or an adverse fitness report.  The defense
position is we can't plea to anything at a court-martial or NJP but she will
accept responsibility for failures in judgment and a failure to report to
what was going on to Capt Kraics who, incidentally, should have been around
enough to notice what was going on for herself but that's perhaps another
discussion.  

We will be requesting all witnesses noticed in your witness list.  I will
also be calling a number of lieutenants who graduated from previous platoons
that were trained by Lopez.  This trial will take no less than two weeks and
waste a lot of time.  I hope you will consider whether the resources we are
about to expend on this case are worth the likely punishment you will secure
even if you're successful in securing some sort of conviction.

Vr,
Haytham Faraj

-----Original Message-----
From: Hoover Capt Christopher M [mailto:christopher.hoover@usmc.mil] 
Sent: Thursday, May 19, 2011 4:45 PM
To: Haytham; Mcguire 1stLt Maryann N
Cc: White Capt Bret A
Subject: RE: Production of SSgt Lopez at GySgt Kelton's Art 32

Just to chime in, yes-it is a waste of time.  Ask Capt White, we had this in
a case about two months ago.  We brought the witness in, swore her in, she
said I plead the 5th, we said thank you, and moved on.  Total waste of time,
but the IOs dictate our work at the 32 level.

Captain Christopher M. Hoover, USMC
Military Justice Officer MCB Quantico
Work: (703) 784-0037
Cell: (603) 809-5781


-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com] 
Sent: Thursday, May 19, 2011 16:22
To: Mcguire 1stLt Maryann N
Cc: White Capt Bret A; Hoover Capt Christopher M
Subject: Re: Production of SSgt Lopez at GySgt Kelton's Art 32

She has counsel. She can't even be asked questions.  Why waste your time and
hers?

Haytham Faraj 
Sent from my iPhone

On May 19, 2011, at 3:51 PM, "Mcguire 1stLt Maryann N"
<maryann.mcguire@usmc.mil> wrote:

> Gentlemen, 
> 
> GySgt Kelton's defense counsel has requested SSgt Lopez as a witness at
GySgt Kelton's Article 32 hearing. The IO has not deemed her unavailable. I
have been informed the standard practice at Quantico, since she is not
unavailable per RCM 405, is to have her appear and invoke on the record. 
> 
> 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
> 
>