RE: Vega PTA

[Haytham Faraj <haytham@puckettfaraj.com>]

John,
Thanks for your quick response.  I actually had exactly that in mind.  I
don't really care about the adultery and most commanders don't unless it
also includes some other charge.  It would be the Article 92 charge.  If you
can support it -realizing that there are no guarantees- I can get you a
signed PTA by COB tomorrow.

-----Original Message-----
From: Torresala Capt John W [mailto:john.torresala@usmc.mil] 
Sent: Monday, November 08, 2010 5:10 PM
To: Haytham Faraj
Cc: Boyer Capt John F
Subject: RE: Vega PTA

Sir,

It depends on what he can accept NJP for...if it will only be one
specification of adultery, I don't feel comfortable supporting that.  If it
will include the spec about the porn on the government computer, then I
would support that (understanding that he will never cop to the stuff with
Orcutt).

Very Respectfully,

John W. Torresala
Captain, USMC
Senior Government Counsel
Office of the Staff Judge Advocate
Marine Corps Recruit Depot San Diego
3700 Chosin Avenue
San Diego, California 92140
Com: (619) 524-4089
Fax: (619) 524-6784

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-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Monday, November 08, 2010 13:04
To: Torresala Capt John W
Cc: Boyer Capt John F
Subject: Vega PTA

Hi John,

I would like to request your support for an NJP PTA without a board waiver?
I did a lot of thinking on this and considered the evidence.  I feel
confident that even if you were to obtain a conviction you would not get a
BCD.  A board waiver, therefore, makes no sense from a defense perspective.
For us the benefit from not going to a SPCM is avoiding the possibility of a
conviction.  The benefit for you is not putting on a trial to essentially
obtain the same results.  After all the effort you have put into this, I
imagine that you may feel some reluctance supporting this type of deal.  I
was reluctant writing you to ask for an NJP PTA because my experience with
most prosecutors is that they over value their case.  I changed my mind
because I think you were very fair in the Brito case and offered a PTA that
made sense to me.  As you know, I supported it early but had to work with
the client to get him there.  

 

Vega is innocent of all the charges except one.  I make this statement not
as his lawyer - I don't think I would admit that to you if I were only
taking a defense perspective- but as a former Marine Corps officer.  He in
no way assaulted Dana Orcutt.  He did not threaten her with a gun.  And he
never engaged in any sexual act that is criminal.  Vega is a good Marine and
a decent man.  Though he's not perfect, his indiscretions are not worthy of
a court-martial.  His failures in judgment deserve attention and merit
correction but shouldn't destroy him.  I am appealing to your common sense
and understanding of this case as well as your discretion as an officer
first and a prosecutor second.  Vega is the type of Marine you would
appreciate having in your unit.  And any leadership challenges he raises are
ones that any leader would be capable of handling.  I am, therefore, asking
for your support on an NJP PTA.  A summary court-martial is overkill.  His
actions don't deserve reduction of jail time.  A board waiver gives the
defense no benefit.  I would rather take my chances at a court-martial and
face a board afterward.  You already know that an NJP will prevent him from
picking up GySgt which means he will reach service limitations and be forced
out.  

 

I look forward to your thoughts

 

Vr,

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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