RE: Follow-up to CA's Counter to PTA

[Haytham Faraj <haytham@puckettfaraj.com>]

LT Pennix,
IC1 Wofford cannot plead guilty to larceny charges.  I am disappointed that
despite the several concessions we've made to get this PTA signed, we
couldn't achieve agreement.  When I submitted the PTA I thought we had
hammered out all the terms.  Now we're being asked to make further changes.
IC1 Wofford cannot providently plea to anything related larceny. I will
submit my witness production list and discovery request based on the trial
milestones.

Vr,
Haytham Faraj

-----Original Message-----
From: Pennix, Elisabeth H LT RLSO MW [mailto:elisabeth.pennix@navy.mil] 
Sent: Monday, October 04, 2010 5:52 PM
To: Haytham Faraj
Cc: Gough, Charles C LTJG NLSO NC DET, GREAT LAKES
Subject: Follow-up to CA's Counter to PTA

Mr. Faraj, 

I know LT Gough is on leave right now but in the meantime, the CA has a
counter-offer. He will accept her current offer with a modification - on the
condition that she admit more about the larceny. The CA would be happy with
her admitting to either a substituted dollar amount for the items that were
not really purchased in Japan (the statement associated with her return of
items without a receipt) or a substituted item listing. Any accountability
or even pleading to an "attempt" charge concerning larceny would be
acceptable. Please let me know what your client thinks of that plan.

The facts according to Mr. Soria and Mr. Watts substantiate that she indeed
did return items, some of which were from the Exchange, but were not from
Japan and were not sold in the past 45 days as is required by the return
policy (when made without a receipt). It was her "false" statements that
compelled the customer service worker to issue her returns on her items. 

Please just let me know. Also, if we go to trial, will you be making a
motion to move the trial dates? I heard that at some point but haven't heard
anything since. I am starting to talk to chains-of-command about witness
travel and must know in advance, if you please.

Thank you and have a good day!

Sincerely,
Lis


LT Elisabeth H. Pennix, JAGC, USN
Senior Trial Counsel
Region Legal Service Office, Midwest
2540 Paul Jones Street
Bldg. 2, Suite 300
Great Lakes, IL 60088
PH: (847) 688-3805, DSN: 792,3805
FX: (847) 688-2481
elisabeth.pennix@navy.mil