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Re: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3



1500 works for me. 

Haytham Faraj 
Sent from my iPhone

On Feb 11, 2011, at 4:58 PM, "Day Capt Evan S" <evan.s.day@usmc.mil> wrote:

> Gentlemen,
> 
> I can have a conference call set up for either 1500 or 1600, but it looks like we don't have agreement on a time yet. Absent any other input, I will set up a call for 1500, using the same dial-in instructions as last time:
> Primary Dial-in 1(888) 363-4735
> Alternate Dial-in 1(858)446-3657
> 
> Access Code: 8599135#
> 
> Very Respectfully,
> Captain Evan S. Day
> Judge Advocate
> Joint Law Center
> 3D MAW/MCAS Miramar
> P.O. Box 452013
> San Diego, CA 92145-2013
> Comm: (858) 577-1862
> DSN: 267-1862
> evan.s.day@usmc.mil
> 
> Classification: UNCLASSIFIED//LIMDIS
> This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD Instruction 5230.29,  and "Security and Policy Review of DoD Information for Public Release".
> ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The information contained in this message is privileged. It is intended only to be read by the individual or entity addressed or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited. If you have received this message in error, please immediately notify the sender and delete or destroy any copy of this message.
> 
> 
> 
> 
> -----Original Message-----
> From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
> Sent: Friday, February 11, 2011 5:40
> To: Day Capt Evan S; Jones LtCol David M; 'Christian Hur'
> Cc: Sullivan LtCol Sean; Hur Capt Christian P
> Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
> 
> Capt Day,
> Can we do the conference call at 1500 your time?  If the Judge is also
> available? Capt Hur is not available this evening because he is conducting
> the site visit and will be on a place back this afternoon and evening.
> 
> I have read the affidavit from Col Richardson.  Based on his statements
> within the Affidavit, the defense is renewing its request for production of
> all emails related to Col Smith and allegations of UCI between and among Col
> Richardson, the CG, trial counsel, Col Smith, LtCol Bond, and SJAs at the
> Wing.
> 
> Vr,
> Haytham Faraj, Esq.
> PUCKETT & FARAJ, PC
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> 
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> 
> 
> 
> -----Original Message-----
> From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
> Sent: Friday, February 11, 2011 2:22 AM
> To: Jones LtCol David M; Christian Hur
> Cc: Haytham Faraj; Sullivan LtCol Sean; Hur Capt Christian P
> Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
> 
> Good Evening Sir,
> 
> I think most of our response to the latest defense motion would already be
> pretty well encapsulated by the prior discussion about this issue at the
> last Article 39(a). However, the government can have a response to this
> specific on 17 February.
> 
> With regard to the conference call, I propose 1600 San Diego time (0900 on
> Okinawa, if I am doing my math correctly) tomorrow for a conference call. If
> that time works, I will follow up with call-in instructions.
> 
> Finally, please find attached two additional enclosures to the government's
> response to the defense re-referral motion.
> 
> Very Respectfully,
> Captain Evan S. Day
> Judge Advocate
> Joint Law Center
> 3D MAW/MCAS Miramar
> P.O. Box 452013
> San Diego, CA 92145-2013
> Comm: (858) 577-1862
> DSN: 267-1862
> evan.s.day@usmc.mil
> 
> Classification: UNCLASSIFIED//LIMDIS
> This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure
> under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD
> Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD
> Instruction 5230.29,  and "Security and Policy Review of DoD Information for
> Public Release".
> ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The
> information contained in this message is privileged. It is intended only to
> be read by the individual or entity addressed or their designee. If the
> reader of this message is not the intended recipient, you are on notice that
> any distribution of this message, in any form, is prohibited. If you have
> received this message in error, please immediately notify the sender and
> delete or destroy any copy of this message.
> 
> 
> 
> 
> -----Original Message-----
> From: Jones LtCol David M 
> Sent: Thursday, February 10, 2011 21:42
> To: Christian Hur
> Cc: Haytham Faraj; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian
> P
> Subject: RE: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
> 
> Capt Hur,
> 
> In receipt.  I will await the Government response.  
> 
> Capt Day, when do you believe you can respond?  
> 
> I realize we are beyond the motions filing date, but I am allowing this
> motion based on the most recent CAAF decision.  We will litigate this at the
> session already scheduled on 22 - 23 Feb.
> 
> R,
> 
> LtCol David M. Jones
> Military Judge
> Western Pacific Judicial Circuit
> Navy-Marine Corps Trial Judiciary
> Office: 645-7287 / 2156
> Fax: 645-2035
> From the U.S.: 81-611-745-7287 / 2156 
> 
> 
> -----Original Message-----
> From: Christian Hur [mailto:christian.hur@gmail.com] 
> Sent: Friday, February 11, 2011 8:58
> To: Jones LtCol David M
> Cc: Haytham Faraj; Sullivan LtCol Sean; Day Capt Evan S; Hur Capt Christian
> P
> Subject: US v. Wacker: defense motion to dismiss Charge III specs 1 to 3
> 
> Gentlemen,
> 
> Based on the US v. Prather decision on 8 February 2011, the defense has
> filed the attached motion to reconsider the defense motion to dismiss charge
> III, Specs 1 to 3, regarding the MCM 2008 Article 120 substantially
> incapacitated language as incorporated into the at issue Article 133
> offenses.
> 
> Thank you.
> 
> --
> Christian P. Hur
>