RE: Jones's ruling on Hutchins motion

[Haytham Faraj <haytham@puckettfaraj.com>]

We didn't lose yet Colby.  I am not sure where he got his facts from either.
You clearly testified that you requested extensions until you were TOLD no
more would be granted.  We clearly testified that we DID go through our
chain of command which is different than the LSSS.  I've never heard of an
officer using another chain of command to address an administrative matter.
But that's what Jones expected us to do, in hind sight.

 

From: Colby Vokey [mailto:cvokey@fhsulaw.com] 
Sent: Wednesday, October 27, 2010 1:38 AM
To: Puckett Neal
Cc: Faraj Haytham; Marshall Meridith; Trujillo Radar
Subject: Re: Jones's ruling on Hutchins motion

 

Well, this what I was afraid of. The fact that we continued to represent
Frank after we retired. He does misstate a few things though such as the
part where he says that I stopped requesting extensions of retirement.  Dont
know where he got that. 

Well, we gambled and lost. It's up to you all now. Don't let Frank go down. 

Colby

Sent from my iPhone


On Oct 26, 2010, at 18:53, "Puckett Neal" <neal@puckettfaraj.com> wrote:

Colby,

FYI.  Motion denied.  He denied it in an email on Friday and finally got his
opinion out.  Yesterday we filed a petition to stay the proceedings until
the judge ruled and we had time to file an ex writ to reverse him.  We're
going to court on 2 Nov unless stayed by NMCCA.  Ironically and before this
ruling came out, the gov't joined in a request for a stay.

Neal

Neal A. Puckett, Esq

LtCol, USMC (Ret)

Puckett & Faraj, PC

1800 Diagonal Rd, Suite 210

Alexandria, VA 22314

703.706.9566

www.puckettfaraj.com 

 

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Begin forwarded message:

 

From: "Jones LtCol David M" <david.m.jones5@usmc.mil>

Date: October 26, 2010 6:46:28 PM EDT

To: "Gannon Maj Nicholas L" <nicholas.gannon@usmc.mil>, "Haytham Faraj"
<haytham@puckettfaraj.com>

Cc: "Neal Puckett" <neal@puckettfaraj.com>, "Marshall Maj Meridith L"
<meridith.marshall@usmc.mil>, "Brower Capt Matthew R"
<matthew.r.brower@usmc.mil>, "Rubin LtCol Peter R" <peter.rubin@usmc.mil>

Subject: RE: Update on UCI Motion

 

Counsel,

Findings of Fact and Conclusions of Law are not official until they are read
into the record of trial, and can further be added to / changed at any time
prior to authentication for accuracy.  However, for your planning purposes,
and in light of the Stay filed by the defense, I am attaching a "rough" of
my ruling for your assistance.  I anticipate going to trial next Tuesday,
the 2nd of November.  I expect all parties to be there unless the Stay that
has been granted. 

Major Gannon, please set up an 802 for this case for.  I understand from
Judge Rubin that Mr. Faraj has scheduled Brito and Vega to go next week.  I
would like to know why.

R,  

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