RE: ICO Wacker

[Haytham Faraj <haytham@puckettfaraj.com>]

Capt Day,
I intend to file a motion to continue the trial date about a month.  The
reasons I will provide to the court are the following:
1.  We still do not have our DNA expert and are unsure how long it will take
us to get one and have him complete his/her work.
2.  The UCI motion before the court is based on facts that will result in a
finding of UCI by the court.  If the court finds that the UCI has been
ameliorated we, the defense, will need some time to reconsider our defense
strategy with respect to witnesses that have been impacted by the UCI.  If
the court finds that the UCI has not been ameliorated and doesn't dismiss
the case, you will have to take certain steps to ameliorate the UCI
consistent with U.S. v. Douglas.  That will mean we won't be able to start
on time but you will have brought in numerous witnesses in preparation for
trial.

It makes no sense to bring in witnesses -for both sides- and have the
possibility of not beginning the trial on time because we need to deal with
UCI issues.  Please let me know whether you can join this motion.  I'm going
to request the trial be continued to March 24.  That would give a total of 7
full days in the next week which I think should be sufficient.

Please advise
Vr,

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
Sent: Sunday, January 30, 2011 12:09 AM
To: Hur Capt Christian P; haytham@puckettfaraj.com
Subject: ICO Wacker

Gentlemen,

Out of an abundance of caution, the government provides notice of intent to
introduce evidence of a conversation on 30 October 2008 in which the accused
told Joseph Gorman that there was "no sexual intercourse between me and
Jess" or words to that effect. Although the government does not concede that
this conversation falls in any way within MRE 404(b), the government
provides notice under that rule in order to satisfy any notice requirement
that would be applicable if the court were to find that the conversation
fell within that rule.

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

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