RE: Defense Expert Request ICO Wacker

[Haytham Faraj <haytham@puckettfaraj.com>]

Both Capt Hur and I will be in trial in 29 Palms during the first 10-11 days
of December. We can probably manage a 39a on a Saturday morning that first
Saturday, the 4th.

Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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-----Original Message-----
From: Day Capt Evan S [mailto:evan.s.day@usmc.mil] 
Sent: Thursday, September 23, 2010 7:23 PM
To: Hur Capt Christian P; Haytham Faraj
Cc: Hatch MAJ Douglas C; Sullivan LtCol Sean
Subject: RE: Defense Expert Request ICO Wacker

Gentlemen,

I do think we need to find another acceptable day for a motions hearing.
The best time would probably be sometime in December, even if it's on a
weekend.  The only days I am absolutely unavailable in November and December
are the three days on either side of Thanksgiving, since I can adjust leave
plans on either side.  I am concerned that, even aside from the brief 39(a)
on 11 October, we will have issues to resolve that could potentially require
some time after the Article 39(a) (e.g. experts, Daubert issues, witness
production, discovery, etc.) and a late January motions hearing is not going
to keep us on track for trial on 7 February.

WRT the site visit request, the SJA's preference was to defer acting on the
request until the 404b/413 issue is resolved.  Of course, that would
obviously be more practical if we have an earlier motions hearing.

Also, please see the attached discovery regarding USACIL (cover letter from
USACIL attorney, which I inadvertently did not include in the original batch
of USACIL documentation).

Very Respectfully,
Captain Evan S. Day
Trial Counsel, Military Justice Office
Joint Law Center
3rd MAW/ MCAS Miramar
Comm: 858-577-1887
DSN: 312-267-1887
Fax: 858-577-1734

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-----Original Message-----
From: Hur Capt Christian P 
Sent: Thursday, September 23, 2010 9:38
To: Day Capt Evan S; 'Haytham Faraj'
Cc: Hatch MAJ Douglas C
Subject: RE: Defense Expert Request ICO Wacker

Thank you Capt Day.  Question, what is the status of approving the site
visits?  Please let us know as that may be an issue for the motions'
hearings.   Thanks.

-----Original Message-----
From: Day Capt Evan S 
Sent: Thursday, September 23, 2010 9:07
To: Hur Capt Christian P; Haytham Faraj
Cc: Hatch MAJ Douglas C
Subject: Defense Expert Request ICO Wacker

Gentlemen,

Please see attached.  I note that there is a scrivener's error in the CG's
endorsement- the name of the expert is Mr. Guroff (the one whose CV I
provided earlier), not Dunoff.  I am not sure how that mistake came about,
but the intent is that you are being granted Mr. Guroff.

Very Respectfully,
Captain Evan S. Day
Trial Counsel, Military Justice Office
Joint Law Center
3rd MAW/ MCAS Miramar
Comm: 858-577-1887
DSN: 312-267-1887
Fax: 858-577-1734

Classification: UNCLASSIFIED//LIMDIS
This e-mail is FOR OFFICIAL USE ONLY and is exempt from mandatory disclosure
under FOIA. DoD 5400.7R, "DoD Freedom of Information Act Program", DoD
Directive 5230.9, "Clearance of DoD Information for Public Release", and DoD
Instruction 5230.29,  and "Security and Policy Review of DoD Information for
Public Release".
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT. The
information contained in this message is privileged. It is intended only to
be read by the individual or entity addressed or their designee. If the
reader of this message is not the intended recipient, you are on notice that
any distribution of this message, in any form, is prohibited. If you have
received this message in error, please immediately notify the sender and
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