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RE: Defense discovery request regarding: US v Wacker- Govt witness list
Capt Day,
I don't want to seem difficult but I am unaware of any rules that require
the defense to allow the prosecution to speak to defense witnesses or
prosecution witnesses to speak to the defense. If you are unaware of the
topic of the testimony that may be offered we can prepare a summary of the
expected testimony so you might prepare or call your own expert. I also
direct you to our request for an expert that includes a proffer of the
expected testimony.
Capt Hur is working on our list and expects to have it to you today.
Vr,
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
The information contained in this electronic message is confidential, and is
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-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil]
Sent: Monday, February 07, 2011 4:23 PM
To: Haytham Faraj; Hur Capt Christian P
Cc: Sullivan LtCol Sean
Subject: RE: Defense discovery request regarding: US v Wacker- Govt witness
list
Mr. Faraj,
Thank you for your response.
With regard to Dr. Leininger, however, please be aware that I may be
addressing the issue of your current intention to preclude us from talking
to him prior to trial (yet retain the option of calling him as a witness)
with the military judge via an appropriate motion. You have had ample time
to consult confidentially with Dr. Leininger. The discovery and motions
provided by the defense have already indicated your intent to call him as a
witness. His testimony is potentially complex and may require a lengthy
pre-trial interview, which may potentially require some follow-up research
regarding his expected testimony. Finally, the deadline for witness lists is
an order of the court.
Please let me know if your position regarding Dr. Leininger remains
unchanged (or if my interpretation of your last email is incorrect), so I
can decide whether to take appropriate action with the court.
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
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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Monday, February 07, 2011 12:59
To: Day Capt Evan S; Hur Capt Christian P
Cc: Sullivan LtCol Sean
Subject: RE: Defense discovery request regarding: US v Wacker- Govt witness
list
Capt Day,
Dr. Jacobs is a testifying expert witness and you may contact him. Dr.
Leininger remains in a consultancy role. You may assume that Dr.Leininger
will testify. We will provide you an opportunity to question him when that
decision is made. I do not expect to make that decision until the trial
depending on the testimony.
We will provide you a formal response to your reciprocal discovery request.
At this time, however, please assume that you have all our evidence. We
anticipate creating some videos and photos. Those will be provided once
they are ready.
I'd like to thank you for your timeliness in providing us your discovery.
Vr,
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
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.
-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil]
Sent: Monday, February 07, 2011 2:42 PM
To: Hur Capt Christian P; haytham@puckettfaraj.com
Cc: Sullivan LtCol Sean
Subject: RE: Defense discovery request regarding: US v Wacker- Govt witness
list
Capt Hur,
I note at the outset that the defense has not provided the defense witness
list, which was due last Friday under the military judge's scheduling order.
I expect that witness list to be forthcoming shortly.
Additionally, with regard to your expert witnesses, because the witness list
is already due, I will assume that CAPT Leininger and Dr. Jacobs have been
designated as testifying witnesses for the defense (and may therefore be
contacted by the government regarding their expected testimony), unless I
hear from you by COB today that they will not be testifying. With regard to
Dr. Rudin, since the CA's endorsement specified that an additional request
should be submitted if funding is requested for her travel or testimony,
please submit that request immediately if you intend to call her as a
witness. Again, complying with RCM 703(c)(2)(B)(i) and 703(d) up front will
make things go a lot faster.
I also note that I have requested reciprocal discovery from the defense on
at least two separate occasions, and I will again ask that you disclose any
evidence described in those discovery requests immediately, and that the
government's reciprocal discovery requests be treated as continuing in
nature.
With regard to the contact information for witnesses on the government's
witness list, contact information for most of the witnesses on that list
either (1) has already been provided to the defense in the course of normal
government disclosure, or (2) is available to the defense through the NMCI
Global Address Locator. The following additional contact information is
provided:
Rhett Buttle: 702-335-5835
Dianne Micklish: 619-303-2036
Detective Clifton Neely: Available through NOPD Sex Crimes unit at
504-658-5523
Prof. Tahmassebi and Asst. Dean Marino: all contact should be through USD
General Counsel, Mrs. Kelly Capen Douglas, whose contact information has
previously been provided to the defense.
Finally, with regard to witnesses on the UCI and improper withdrawal
motions, the following witnesses have either been granted by the government
or ordered by the military judge:
Col Smith
Col Conlin
LtCol Trapp
LtCol Bond
Maj Blalock
Maj Bueno (VTC)
Maj Budomo
I note that the request for Capt Cote was withdrawn by the defense, and the
remaining defense witness requests have been denied. The government may also
call Maj Marisa Serano regarding the UCI motion, as discussed at the last
Article 39(a) session.
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: Hur Capt Christian P
Sent: Monday, February 07, 2011 10:40
To: Day Capt Evan S; 'haytham@puckettfaraj.com'
Cc: Sullivan LtCol Sean
Subject: Defense discovery request regarding: US v Wacker- Govt witness list
Capt Day,
Would you please give us the contact information, specifically working
telephone numbers, for all Government witnesses. We will need to call them
in advance of trial. Thank you.
Also, whom is the Government producing at present (of the defense requested
witnesses that were requested within the motion pleadings themselves) for
the upcoming Article 39a hearing? Thanks.
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: Day Capt Evan S
Sent: Friday, February 04, 2011 16:16
To: Hur Capt Christian P; 'haytham@puckettfaraj.com'
Cc: Sullivan LtCol Sean
Subject: US v Wacker- Govt witness list
Gentlemen,
Witness lists are due to opposing counsel today, per the MJ ordered trial
schedule. Please find attached the government witness list.
With regard to expert witnesses:
- I will assume that you are designating Dr. Jacobs as a witness (and
therefore no longer a confidential consultant) after today unless I hear
otherwise. Our clerks have already begun coordinating his travel
arrangements.
- Since Dr. Rudin is only (so far) approved for consulting, I will need a
follow-up request if you want to designate her as a witness and have the CA
approve funding for her travel and testimony. If you do send in a request,
it will go a lot faster if the request includes everything required by RCM
703(c)(2)(B)(i) and 703(d) up front (i.e. proffer of expected testimony).
Once I get a compliant request, I will do everything I can to move it
through quickly.
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.