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RE: US v Wacker pleas/forum



Your Honor,
The defense is not raising the defense of lack of mental responsibility.  We
will be asking for a 5-17 instruction.  

Vr,

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil] 
Sent: Thursday, January 27, 2011 2:52 AM
To: Day Capt Evan S
Cc: Hur Capt Christian P; haytham@puckettfaraj.com; Sullivan LtCol Sean;
Hatch MAJ Douglas C; Grisalesmery Cpl Alejandro; Keane LtCol Stephen F
Subject: RE: US v Wacker pleas/forum

All,

Capt Day, thank you.  I received no attachment to your email.

Defense: Are you raising a lack of mental responsibility issue in total or
are you just saying that you are going to raise some issue of evidence
tending to negate specific intent mens rea under 5-17?  I am assuming it is
the latter as you have given NO indication to anyone that your client is
unfit to stand trial.  I am assuming we would not be dealing with 6-5.
Please respond.

R,

LtCol David M. Jones
Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035