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RE: Ruling?



I foresaw that he won’t want to admit that he’s wrong.  That’s why I took responsibility for faulty analysis of the Texas Rules and my conclusion in the first motion that the only relief available is dismissal. In this motion I wrote and we argued that we were wrong in our earlier analysis of the Texas Rules and that there is a remedy. 

 

He cannot find that there is no severance without disturbing the law of the case that found severance in March of 2009.  We gave him an escape avenue in that the Hutchins decision was not out when he decided that previously but he now has a decision that counsels otherwise.

 

From: dhsullivan@aol.com [mailto:dhsullivan@aol.com]
Sent: Tuesday, April 26, 2011 8:35 AM
To: haytham@puckettfaraj.com
Cc: neal@puckettfaraj.com
Subject: Re: Ruling?

 

Thanks!!!  How does the government explain the statements ON THE RECORD that Colby was off the case?

 

Another factor that suggests Jones will deny the motion is he won't want to admit he was wrong.

 

Semper Fi,

Dwight

 

 

-----Original Message-----
From: Haytham <haytham@puckettfaraj.com>
To: dhsullivan@aol.com <dhsullivan@aol.com>
Cc: neal@puckettfaraj.com <neal@puckettfaraj.com>
Sent: Tue, Apr 26, 2011 8:26 am
Subject: Re: Ruling?

Government asked for 4 days to submit written additional argument. We didn't object to that because Jones wanted to consider the motion and think about this. He said he was going to begin to immediately work on his findings. Government vigorously argued that Vokey never came off the case and again focused on Colby's actions to stay in. Redmon testified and without a doubt lied about what he told Colby. He was coached and prepped. They sent him a timeline and our motion. 

 

I don't feel like Jones will grant this motion because of the questions he asked Colby during the ex parte portion. He was very focused on collecting information to support a factual finding that Colby can assist the defense or can be called as a witness. 

 

Haytham Faraj 

Sent from my iPhone


On Apr 26, 2011, at 4:49 AM, dhsullivan@aol.com wrote:

Gentlemen,

 

Do you have a ruling on the Vokey motion yet?

 

Semper Fi,
DHS

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