RE: additional Wacker UCI

[Haytham Faraj <haytham@puckettfaraj.com>]

I appreciate that heads up.  This would also be grounds for additional delay
of the trial.

-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] 
Sent: Tuesday, February 08, 2011 12:29 PM
To: Haytham Faraj
Subject: additional Wacker UCI

Sir,

Per the below traffic, I'm being order by LtCol Sullivan in his capacity as
SJA to not conduct the scheduled site visit in US v. Wacker until after the
Hargraves adboard is completed.  The adboard was rescheduled when my client
SSgt Hargraves missed his flight because the command did not fund his
ticket.  There is a rush to do this adboard because the client's extended
EAS is on 11 Feb 2011.  

I spoke with Col Baker and he said that LtCol Sullivan could order me to not
do the site visit, but then he suggested that would make the issue ripe for
an additional UCI motion in Wacker.

At present, the adboard may go this evening at 2200 making the Wacker site
visit issue moot, but I wanted to let you know how things are developing.
LtCol Sullivan also gave me a thinly veiled threat that I could be
investigated for not having my client Hargraves make his flight yesterday.


Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.
  


-----Original Message-----
From: Hur Capt Christian P 
Sent: Tuesday, February 08, 2011 8:14
To: Tafoya LtCol Patricio A; Baker LtCol John
Cc: Grey Capt Nicholas R
Subject: Hargraves adboard

Gentlemen,

Good morning.  Capt Grey and I are co detailed to an admin board for a SSgt
Hargraves whose EAS is 11 February 2010.  Hargraves's board was scheduled to
go 8 February 2011 without his civilian attorney present.  There has been a
host of errors in this case including an illegal search that resulted in a
court martial withdrawal and dismissal and extending Hargraves's EAS of 11
October 10.  

In US v. Wacker I was scheduled to conduct a court approved and funded site
visit from 9 to 11 February 2011 with Capt Grey as a witness and the client
there too.

Yesterday afternoon Capt Grey and I were alerted by SSgt Hargraves that his
command did not fund his ticket and that he would be unable to attend his
board.  I told him to get proof that his ticket was not paid for.  I then
sent an email at 1252 alerting Hargrvaves's civilian lawyer of this as well
as the senior member and the recorder.  We believed we did not have to tell
anyone about Hargraves's travel issues, but we wanted to disclose it so
Hargraves didn't get in trouble.  

Hargraves was never contacted by his command yesterday.  I sent another
email at 1553 PST to the recorder and senior member again alerting them that
Hargraves was not able to make the flight and is awaiting further
instructions from his command.

Around 1830 I had a conversation with Hargraves where he told me that his
command never contacted him.  Capt Grey and I then discussed how to proceed
and I decided to call LtCol Sullivan and let him know that Hargraves wasn't
given funded travel orders.  LtCol Sullivan is the lead trial counsel in US
v. Wacker as well as the SJA at MCRD.  He was pretty upset with me for not
letting him know earlier.  I don't believe we were required to disclose the
government's error in the first place and we may have done so to the
detriment of Hargraves at the board versus the issue of him being
potentially UA.  

This morning, thanks to us alerting the Government of their error, Hargraves
was given travel orders to fly out to MCRD and will be here today apparently
in the afternoon.

I just now got a call from Maj Houtz telling me that LtCol Sullivan had
contacted Col Baker and Col Baker was ordering me and Grey to cancel our
site visit in Wacker.  The client in Wacker already made travel arrangements
for this trip and trial in Wacker is scheduled for 24 Feb until 5 March.  If
the site visit in Wacker is canceled, I believe that we will collectively be
unable to reschedule before Wacker starts and have time to prepare for
Wacker.




Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.