RE: evidence undiscovered...

[Haytham Faraj <haytham@puckettfaraj.com>]

The clock is 120 days.  The government has 120 days to arraign you on the
charges from the day the prefer charged.  Extensions are granted liberally
to both sides for good cause.  In a case such as yours it is even more
likely to grant extensions.  There is no real recourse for busting the 120
day clock unless you can show some prejudice.

There is no provision in the law that demands that the defense have that
same type of time as the government.  All they are required to do is turn
over the evidence they have against you.  If we don't believe we've had
sufficient time we may request extensions which will be added to the 120 day
clock.  Such extensions are called excludable delay.

No need to bring anything up in front of anyone at this time.  We have
plenty of time.

-----Original Message-----
From: Card Maj Edward T [mailto:edward.card@usmc.mil] 
Sent: Wednesday, February 02, 2011 11:36 AM
To: Haytham
Cc: Workman Capt Adam J
Subject: evidence undiscovered...

OK, Haytham - thanks, for this note...
Here are my next, stupid questions...
	-Is the alleged "Clock" still "Ticking?"
	-In other words, is the time period/window, which would normally
precede an Article 32 Hearing, continuing to shrink/close?  
	-How long is this so-called "Clock" supposed to run?
	-Would the Adjudicating Authority (e.g., IMEF/CG) not be interested
to know that my attorney's have not been afforded an opportunity to examine
the Govt's supposed evidence against me, even though I was charged with
violation Article 118 Murder 15 days ago?
	-I know my CO would address this discrepancy directly with IMEF/CoS.
Should I tell him, what's going on?

Please answer, only as convenient for you.  No hurry.
-Ted

-----Original Message-----
From: Haytham [mailto:haytham@puckettfaraj.com] 
Sent: Wednesday, February 02, 2011 4:13
To: Card Maj Edward T
Cc: Workman Capt Adam J; <wendiev1@verizon.net>; <chris.card@gmail.com>;
<ed.card@comcast.net>
Subject: Re: Looking for some feedback & direction

Ted,
I'm sorry you haven't heard back. Maj Goode tasked her clerk to fedex the
evidence to me last week. As of yesterday morning it was still sitting on
the clerk's desk. She promised it would go out yesterday. I haven't read
anything yet. 

Haytham Faraj 
Sent from my iPhone