FW: Pre-Trial Confinement SSgt Nicolas Vega

[Haytham Faraj <haytham@puckettfaraj.com>]

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

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-----Original Message-----
From: Haytham Faraj [mailto:Haytham@puckettfaraj.com] 
Sent: Wednesday, August 25, 2010 7:28 PM
To: 'Maroudis Maj Socrates S'; 'Johnson, Carrin QM2 NCBM'
Cc: 'Plansky, John F CIV NCBM'; 'Correa, Kristen M. YN1 NCBM'; 'Boyer Capt
John F'; 'Hur Capt Christian P'; 'Crosswell Capt Ryan R'; 'Marshall Maj
Meridith L'
Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega

Maj Maroudis,
I will, shortly, submit a letter to you with basis for a rehearing because I
need to get my client released.  This in no way suggests that I agree with
the Government's unsupported new rule requiring me to submit a written
argument to trial counsel.  You have every right to ask for my new evidence.
I will not, however, submit argument to trial counsel.  I am thoroughly
familiar with R.C.M. 305.  There is nothing in the rule that requires me to
disclose argument to trial counsel.  I will provide you with the substantial
new evidence that merits a rehearing. NOTHING in the MCM requires me to
disclose argument to the trial counsel before hand to get their approval.
You as the magistrate are empowered to grant the hearing.  It is
unconscionable that an accused is being denied the right to ask for a
hearing that is granted by law unless he gives his argument to the trial
counsel.  Where did this new rule come from?  I've never heard of it.
Defense counsel in the Marine Corps are Marine Corps officers as well as
officers of the court.  They are bound by ethical rules and understand the
law.  When they ask from a rehearing it is because they have a good faith
basis for it.  No one would dare argue that if trial counsel asked for a
hearing they would have to share argument with defense beforehand.  The
requirement that defense counsel must vector their requests for a hearing
through trial counsel is an attack on the integrity of defense counsel.
More importantly it is a denial of a statutory and constitutional to ensure
that a confined accused gets a review from an independent officer without
interference or influence from the government when new evidence requires
such a review.  An accused's owning unit is notified because the commander
is the confinement authority, not the trial counsel.  If the unit desires to
send a trial counsel that's their business.  Defense counsel, however, are
not bound to notify trial counsel of anything.  This case has not yet been
referred to court-martial.  If I had a judge to go to, I would.  You are the
only reviewing authority SSgt Vega has.

Very respectfully,

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: Maroudis Maj Socrates S [mailto:socrates.maroudis@usmc.mil] 
Sent: Wednesday, August 25, 2010 6:12 PM
To: Haytham Faraj; Johnson, Carrin QM2 NCBM
Cc: Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D; Plansky,
John F CIV NCBM; Correa, Kristen M. YN1 NCBM; Boyer Capt John F
Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega

Greetings Mr. Faraj,

We had an issue come up recently concerning pre-trial confinement
reconsiderations.  Please read the below email from LtCol Daly for details.

Accordingly, each side must present a written argument for or against the
retrial, assuming that trial counsel opposes a reconsideration.  

Per the MCM, a reconsideration of the pre-trial confinement requires
"SIGNIFICANT INFORMATION NOT PREVIOUSLY CONSIDERED."  Draft your argument
for a reconsideration, scan and email it to me and the trial counsel.  If
you can complete this by COB tomorrow, I will direct trial counsel to
present a counterargument within 24 hours and hopefully, I can make my
decision by COB Friday.  If I determine that a reconsideration is
appropriate, we will schedule it for sometime next week.  

Please keep your arguments succinct, preferably one page or less.  And
please remember, I am not a judge, so legalese may be lost on me.  

If trial counsel does not oppose a reconsideration, I am available on Friday
afternoon.  In that case, I would like to have all of the information on the
case, both old and new to review prior to the hearing.

S/F,

Maj Stefan "Man-Ho" Maroudis
Blue Angels Liaison
MCAS Miramar Air Show
858.577.4302 (DSN 267)
858.243.6040 (C)

-----Original Message-----
From: Daly LtCol Tracy A 
Sent: Tuesday, August 17, 2010 11:44 AM
To: Maroudis Maj Socrates S; Hatch MAJ Douglas C
Subject: FW: PRE-TRIAL CONFINMENT AND IRO HEARINGS 16 AUG 2010 

Maj Maroudis,

Please call Maj Hatch on this.  He will provide you some further guidance.
The bottom line is that - while this deals with legally technical issues -
you as the IRO must determine whether to grant a rehearing.  However, Maj
Hatch can help you crystallize the issues and analysis.

With that said, I recommend you direct defense counsel to submit a formal
written request via the Trial Counsel for a rehearing,  Require that the
defense request include both a written legal argument on why the request is
warranted and include advance copies of all supporting written documents
that contain alleged "new" matters.  Direct the government to prepare a
written response to the request in an endorsement.

Indicate that you will consider whether to conduct a rehearing after you've
read both sides' written positions.

After you get all the materials, read it through.  If you do not believe the
defense material constitute "significant" new matters that warrant
reconsideration, inform the defense - in writing - that the request for
reconsideration is denied.  If, however, the materials raise concerns in
your mind about whether continued pretrial confinement is warranted in the
case, order a rehearing.

Bottom line, this issue is becoming confusing for you because counsel are
trying to do it piece meal and informally.  Put them back in the box.  There
is no need to rush to a wrong answer.

Again, Maj Hatch will assist you.

s/f   

LtCol T. A. Daly
Staff Judge Advocate
MCAS Miramar
(858) 577-6658
http://www.miramar.usmc.mil/WebPages/legal/legal%20home/legal%20Home.htm

Maj Stefan "Man-Ho" Maroudis
Blue Angels Liaison
MCAS Miramar Air Show
858.577.4302 (DSN 267)
858.243.6040 (C)

-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com] 
Sent: Wednesday, August 25, 2010 2:23 PM
To: 'Johnson, Carrin QM2 NCBM'; Maroudis Maj Socrates S
Cc: Torresala Capt John W; Logan Capt Gavin K; Houtz Maj Pete D; 'Plansky,
John F CIV NCBM'; 'Correa, Kristen M. YN1 NCBM'; Boyer Capt John F
Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega

QM2 Johnson.  I request that we do this on Friday if at all possible. We
have significant no evidence that was not available when the first IRO
hearing took place.  

Please inform me today if the Brig can support this.  If the Brig cannot
support our request, please provide me the phone number and email of the
Brig OIC or Commanding Officer.  

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: Johnson, Carrin QM2 NCBM [mailto:carrin.johnson@navy.mil] 
Sent: Tuesday, August 24, 2010 5:44 PM
To: Maroudis Maj Socrates S
Cc: haytham@puckettfaraj.com; Torresala Capt John W; Logan Capt Gavin K;
Houtz Maj Pete D; Plansky, John F CIV NCBM; Correa, Kristen M. YN1 NCBM;
Boyer Capt John F
Subject: RE: Pre-Trial Confinement SSgt Nicolas Vega

Sir, 

Captain Boyer is requesting a re-hearing for Pre-TP Vega at your convenience
Sir. 

V/R

 
QM2(SW) Johnson, Carrin, Michael
Victim Witness Program Coordinator
Sex Off. Notficiation Coordinator
Parole and Release Dept
Naval Consolidated Brig Miramar
46141 Miramar Way
San Diego, CA 92145
PH: (858) 577-7067 
FX: (858) 577-7143
DSN: 267-7067
carrin.johnson@navy.mil
 
 





-----Original Message-----
From: Boyer Capt John F [mailto:john.boyer@usmc.mil] 
Sent: Monday, August 23, 2010 17:51
To: Johnson, Carrin QM2 NCBM
Cc: haytham@puckettfaraj.com; Torresala Capt John W; Logan Capt Gavin K;
Houtz Maj Pete D
Subject: Pre-Trial Confinement SSgt Nicolas Vega

Petty Officer Johnson,

On behalf of SSgt Vega, and per RCM 305, we are asking for an IRO rehearing
to be scheduled sometime this week at a time convenient to the hearing
officer and all of the parties.  I'm available all day Thursday and Friday.

Thank you,

Capt John Boyer