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RE: NJP hearing for 8 October 2010
I can have my assistant put the binder together. Please send me all the
documents Chris Hur has mentioned. In addition to that I would like you to
get me by NLT October 2nd, a well written statement of your version of the
facts. Take responsibility where necessary, explain why you have an excuse
where appropriate. Remember that the general will be looking for acceptance
of responsibility, that is the best way to convince him not to recommend a
show cause hearing.
Call me with questions. Also please cc me on the witness names.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
703-706-0442 Phone
DETROIT METRO
6200 Schaefer Road
Suite 202
Dearborn, MI 48126
313-457-1390 Phone
202-280-1039 Fax
www.puckettfaraj.com
The information contained in this electronic message is confidential, and is
intended for the use of the individual or entity named above. If you are not
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-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
Sent: Tuesday, September 28, 2010 1:47 PM
To: Rowe Maj Carlos O; Haytham Faraj
Cc: Grey Capt Nicholas R
Subject: NJP hearing for 8 October 2010
Gentlemen,
The General has scheduled the NJP for 8 October 2010. LtCol Sullivan just
spoke with me about the NJP. He is the SJA. He is 99% sure that the
NJP/BOI terms we want will work out.
That said, he said 8 October 2010 is the date the General wants to do the
NJP and is the only date the General will be available in the near term.
Expect Col Bonnot to be present and expect the General to read the
Government's entire investigation.
Unless Haytham overrules me, we are going to want to put together a binder
to give the General NLT 4 October 2010.
I need as many good military character reference letters as we can get, the
more the better. I also need 3 to 4 senior officers identified that we can
call up at the NJP via phone that will say great things about Maj Rowe.
Proposed exhibits for the binder follow:
Exhibit 1: Master Brief Sheet
Exhibit 2: Fitness Reports
Exhibit 3: Awards
Exhibit 4: Good Military Character References Exhibit 5: MARCORPSEPMAN
Excerpts Exhibit 6: Proof of attendance at alcohol treatment facility
Maj Rowe, I will need you to put this binder together with the mentioned
exhibits and any others that we think will help. I've attached a sample
character letter. Once you send me the names and phone numbers for the 3 to
4 witnesses you want to call at the NJP, I will call them to prepare them
for the hearing.
Thanks.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
This email may contain Attorney Work Product. Please delete if you received
this message in error.
-----Original Message-----
From: Rowe Maj Carlos O
Sent: Tuesday, September 28, 2010 9:18
To: Hur Capt Christian P; 'Haytham Faraj'
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
Copy all. Looking into available local locations as we speak.
Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595
-----Original Message-----
From: Hur Capt Christian P
Sent: Friday, September 24, 2010 9:04
To: Rowe Maj Carlos O; 'Haytham Faraj'
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
Sir,
I forgot to mention, I strongly recommend that you begin some private AA
alcohol treatment or anything that has to do with alcohol treatment (ALANON,
church group, etc). I realize that you are not an alcoholic, however if you
go to a BOI treatment will factor strongly into your retention.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
This email may contain Attorney Work Product. Please delete if you received
this message in error.
-----Original Message-----
From: Rowe Maj Carlos O
Sent: Wednesday, September 22, 2010 10:11
To: Hur Capt Christian P; 'Haytham Faraj'
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
Thanks again for the solid advice, superb counsel, and hard work shown by
all. BL, I placed myself in a position in which we find ourselves today.
I appreciate your dedication in defending me and will continue to follow
your advice.
Haytham: I reviewed both documents as well as your cover letter. GTG on
all accounts.
S/F
Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595
-----Original Message-----
From: Hur Capt Christian P
Sent: Wednesday, September 22, 2010 11:27
To: Haytham Faraj; Rowe Maj Carlos O
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
I agree with his advice Sir. I'm aware of an officer being acquitted of 120
charges at a GCM, ie found not guilty; then sent to a BOI anyways.
Haytham's services would be helpful in keeping you retained as a Major until
retirement.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140
This email may contain Attorney Work Product. Please delete if you received
this message in error.
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Wednesday, September 22, 2010 8:23
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
Carlos,
I know these prosecutors and this SJA. Trust me when I tell you they are
never interested in justice. They're only interested in looking good. They
play dirty and don't give a crap about the truth. That said, they've never
beaten me. I have beat them every time with truth and honesty before
neutral panels. We would be going court martial if you were enlisted. As
an officer, you are still going to a BOI even if you win. There's also a
remote possibility that they could obtain a conviction on at least one of
the conduct unbecoming which is subjective and prone to abuse and
misunderstanding even by neutral members because officers have and bring
their personal views on what is and is not appropriate. A conviction would
not result in a dismissal but it will be on your record. This deal avoids
all that.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
703-706-0442 Phone
DETROIT METRO
6200 Schaefer Road
Suite 202
Dearborn, MI 48126
313-457-1390 Phone
202-280-1039 Fax
www.puckettfaraj.com
The information contained in this electronic message is confidential, and is
intended for the use of the individual or entity named above. If you are not
the intended recipient of this message, you are hereby notified that any
use, distribution, copying of disclosure of this communication is strictly
prohibited. If you received this communication in error, please notify
Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to
sender. You are required to purge this E-mail immediately without reading
or making any copy or distribution.
-----Original Message-----
From: Rowe Maj Carlos O [mailto:carlos.rowe@usmc.mil]
Sent: Wednesday, September 22, 2010 11:15 AM
To: Haytham Faraj; Hur Capt Christian P
Cc: Grey Capt Nicholas R
Subject: RE: PTA sans BOI protection
Importance: High
Haytham,
While I will sign and submit this document as well, it has become readily
apparent (perhaps only to me) that the prosecutor and SJA's interests no
longer resides in justice, but ensuring my separation. Your previous
insight and their actions validate my perception.
On one hand accepting NJP gives a perception of pleading guilty which while
at the same time is a strategic move to ensure proper defense during the
proposed potential BOI proceedings. I also understand the need to accept
responsibility while also allowing me to argue the case before the General.
I want to ensure that should I choose to move forward (just in case) that
this PTA can be voided by me. Again, while I truly understand this may be
the best case scenario forward, I'm still adamant about also wanting to
fight to clear my name.
There are risks involved in both and I understand the greater risk is being
found guilty at a GCM. BL, I do not want to look back with second thoughts
and hindsight of I should have chosen the other route if I find myself
separated.
Thanks again for everyone's hard work. Please continue to keep me informed
as to the status of the case.
Note: multiple scans has degraded the document.
Break, break,
Capt Grey: I have been unable to view or access the Shared documents.
S/F
Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Wednesday, September 22, 2010 8:25
To: Rowe Maj Carlos O
Cc: Hur Capt Christian P
Subject: PTA sans BOI protection
Carlos,
We're going to submit this PTA as well. This does not have the no show
cause language . The prosecutor has agreed to submit both versions to the
General. The SJA will only recommend this one. I intend to put a cover
letter on it addressed to the CG. I called the CG's office yesterday to
speak to him but he was unavailable. I will try again today. Please sign
and return this to me.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
_______________________
WASHINGTON DC METRO
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
703-706-0442 Phone
DETROIT METRO
6200 Schaefer Road
Suite 202
Dearborn, MI 48126
313-457-1390 Phone
202-280-1039 Fax
www.puckettfaraj.com <http://www.puckettfaraj.com/>
The information contained in this electronic message is confidential, and is
intended for the use of the individual or entity named above. If you are not
the intended recipient of this message, you are hereby notified that any
use, distribution, copying of disclosure of this communication is strictly
prohibited. If you received this communication in error, please notify
Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.
You are required to purge this E-mail immediately without reading or making
any copy or distribution.