Whom have you interviewed so far? I spoke to Crista today. I am uncertain how the Government intends to prove this case given her testimony and recollections. I understand that they don't intend to call her. I want to make sure that she is produced. With respect to Kelton, before we ask that she be deposed we need to ask that she be immunized and ordered to testify. The reason is she's an exculpatory witness and she gave orders that our client followed which raises the defense of obedience to orders under R.C.M. 912. Every specification in which Lopez is charged Kelton is present as well. Kraics told me that she doesn't believe Lopez would have done any of the things that are alleged without Kelton's domineering presence and influence. On the one issue that Kraics points a finger at Lopez, orders violation to get the platoon into the barracks, showered and changed, she cannot say whether she saw who gave the platoon the order to run, whether it was the student staff, Kelton or Lopez. Kelton is a necessary, relevant and material witness to all the alleged charges. I am attaching the statement from Lopez memorializing the conversation Kraics had with her. Kraics clearly violated Lopez' 5th Amendment right to remain silent and against self incrimination. She told me that Lopez made admissions. I want you to think about how we should handle this. I am thinking of a motion to dismiss for violation of a fundamental right or a UCI motion for interference with the ACR. I am open to suggestions. -----Original Message----- From: White Capt Bret A [mailto:bret.a.white@usmc.mil] Sent: Wednesday, May 04, 2011 9:44 AM To: Haytham Faraj Subject: RE: Lopez discovery Haytham, The file is pretty large, so I'm having a copy FedEx-ed to you. You should have it NLT tomorrow. Will that deposition request come out of your office, or do you want me to generate that? I'll be here on 10 & 11 May, so we can coordinate that. Also, our Pg 56 matters are due on 11 May. S/f, Bret -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Tuesday, May 03, 2011 18:17 To: White Capt Bret A Subject: Lopez discovery Jim, I need all the statements (enclosures) to the investigation. I do not have those. If you have an electronic copy, please email it to me. If you don't have an electronic copy, please FedEx the statements to me to 1800 Diagonal Road, Suite 210, Alexandria, VA 22314. We need to request to depose GySgt Kelton. I plan to come next week, either the 10th or 11th to try and speak to some of the Marines who have made these allegations. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC P.O. Box 1016 Dearborn Heights, MI 48127 313-457-1390 Phone 202-280-1039 Fax www.puckettfaraj.com <http://www.puckettfaraj.com/> The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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Convo with Capt Kracis.doc
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