FW: U.S. v. Brito

[Haytham Faraj <haytham@puckettfaraj.com>]

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Keane LtCol Stephen F [mailto:stephen.keane@usmc.mil] 
Sent: Monday, October 04, 2010 11:49 AM
To: Faraj, Haytham; Hur Capt Christian P; Torresala Capt John W; Logan Capt
Gavin K
Subject: U.S. v. Brito

Gentlemen:

For planning purposes I am providing the following information.  I will
issue formal findings of fact, conclusions of law and rulings at a later
session of court.

1)	The Accused statement to Capt Siekman will be suppressed in
accordance with MRE 304(b)(1).  I find that the statement is involuntary
only in terms of its noncompliance with MRE 304 (c).  this ruling will not
prohibit the use of said statement to impeach by contradiction the in court
testimony of the accused.

2)	The MPO that formed the basis of Additional Charge 1, Specification
1 is unconstitutionally vague and overbroad.  Spec 1 of Add charge 1 will be
dismissed.

3)	Defense motion to dismiss all charges (or grant other relief)
"because they were known at the time Sgt Brito was charged at a Summary
Court-Martial", as styled by the defense motion, will be denied.

4)	Defense motion to dismiss Charge 1, Specification 1 "because no
violation of the law took place", as styled by the defense motion, is
pending additional Defense evidence.  

5)	Defense motion to dismiss Chare 1 spec 1 and Add Charge 1 Spec 2
because Depot Order P1100.4B is unconstitutional is pending additional
Defense evidence.

(Note: If the Defense will not be providing additional evidence for 4 or 5,
the court is prepared to issue a ruling so please advise on status in the
next 5 days.)

6)	Defense motion to dismiss for unreasonable multiplication of charges
will be denied.

7)	Defense motion for a Bill of Particulars will be granted.
Government counsel should provide this document prior to the next session of
court.

8)	Defense request for Weiland and Clanton Facebook records will be
denied.

9)	Defense request for Wieland and Clanton psychiatric records will be
denied.

10)	Defense request for government search of DoD database for purported
Navy Seal Jorge Nunez contact information will be granted.

11)	Defense request for government search of government records for
purported Camp Johnson Hazing/Weiland Inquiry documents will be granted.

12)	Defense request for government search of government records for
purported Weiland USNA acceptance data will be granted.

13)	Defense request for government search of for purported Wieland
Martial Arts certificates will be granted.

14)	Defense request for verbatim Art 32 transcript will be denied.

15)	Defense motion to produce expert will be denied.

R/
LtCol Keane

Stephen F. Keane
Lieutenant Colonel, U.S. Marine Corps
Military Judge
Western Judicial Circuit
(760)725-6284 (DSN: 365)
(760)212-4710 (Bberry)

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