RE: UCI/Wrongful Withdrawal Witness List

[Haytham Faraj <haytham@puckettfaraj.com>]

Gentlemen,
There is NO WAY the judge is going to take us seriously with the number of
witnesses listed in this motion.

The old UCI is GONE GONE GONE.  I do not want to discuss it because there is
no longer any basis in law for it except as it relates to the improper
withdrawal and referral.  

The UCI issues before the court now are:

1.  Whether Col Smith improperly influenced witness testimony by creating
doubt in Maj Blalock's (any other witnesses?) mind about his opinion of Capt
Wacker.
	Witnesses and evidence:  Col Smith, Maj Blalock, Ms. Desiree Bobie,
Col Conlin, Bond and smith emails.
2.  Whether Col Smith or her agents influenced the testimony of the alleged
victims to make them more certain that they were raped?
	Witnesses and evidence:  Barker phone call, Easley diary, Cusack
video interview, Capt Blosser, NCIS SA Burge, Maj Bueno, Capt Ahn, record of
USD proceeding, record of N.O. court proceedings.
3.  Whether Col Smith Unlawfully interfered with Capt Wacker's defense by
working to move Capt Wacker to a less important position with the intent to
deny him an opportunity to develop evidence of his Good Military Character
and him getting disenrolled from the ELP program?
	Witnesses and evidence:  Col Smith, S-1, Col Conlin, Capt
Wacker,Capt Wacker, Maj Blalock
4.  Whether Col Smith's actions denied Capt Wacker a right to a speedy
trial?
	Witnesses and evidence:  Capt Wacker to discuss prejudice


I want you to respond to this email by telling me what other issues I've
missed.  Only when we identify the issues can we determine who the witnesses
will be.

-----Original Message-----
From: Christian Hur [mailto:christian.hur@gmail.com] 
Sent: Wednesday, February 02, 2011 1:17 AM
To: Douglas Wacker
Cc: Hur Capt Christian P; Wacker Capt Douglas S; Haytham Faraj
Subject: Re: UCI/Wrongful Withdrawal Witness List

Doug,

I edited your request.  I added everyone I could think of along with a
synopsis of what they would say.  Witnesses in bold are my top choices.

On Tue, Feb 1, 2011 at 1:01 PM, Douglas Wacker <douglas.wacker@gmail.com>
wrote:
> We also need to request judge to compel discovery of investigation
records.
>
> -dsw
>
> On Feb 1, 2011 12:53 PM, "Douglas Wacker" <douglas.wacker@gmail.com>
wrote:
>> Haytham,
>>
>> Here is the list of individuals who have been involved in the case.
>>
>> The issues I see:
>> --Misconduct in investigation and interference with potential witnesses:
>> Blosser, Brooder, Easley, USD Officials.
>> --Interference with ELP Law status and contact with Col Helfrich, SJA 
>> to CMC Officials.
>> --PAO news release, how it was unheard of (Steve Liewer), and its 
>> distribution to every person on MCRD on three separate days.
>> --LtCol Bond Email and Col Smith statements to G-3 and other 
>> personnel; transfer to H&S Bn S-3 (to a position never filled before 
>> under Maj
>> Goodpasture) after exercise completion.
>> --Transfer to 3d MAW and ultimate delay in case process in order to 
>> avoid UCI, discussions had to be held at the General or CoS level 
>> with SJAs and staff involved.
>> ***A transfer to avoid litigating the issue of UCI is wrongful, see J.
>> Effron dissent in U.S. v. Villareal (CAAF 1999).
>>
>> You should be able to link the individuals to the different issues. I 
>> expect Col Smith and SA Burge to deny, deny, deny. The other 
>> individuals will be able to testify as to what actions/statements 
>> were taken by Col Smith and SA Burge.
>>
>> Col White and Capt Pappas were the SJA and officer responsible with 
>> filing the ODM matter when this started in Jan 2008 with a phone call 
>> from another NCIS agent to Col Helfrich and Capt Woelhoff alerting me 
>> to the arrest warrant in NOLA.
>>
>> S/F
>>
>> Doug
>>
>>
>>
>> --
>> Douglas S. Wacker
>> 1719 Adams Ave
>> San Diego, CA 92116
>> 858.401.9392
>



--
Christian P. Hur