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Re: Vega pretrial confinement
Maj Houtz,
Following the email from LtCol Daily, Maj Hatch sent an email recognizing Maj Maroudis as the sole authority to grant such a request. I remind you that your commander does not have a say on whether to grant a hearing. She ordered his confinement. That said, if your position is that the commander who ordered confinement gets to make decision on granting a rehearing then please let me know.
Vr,
Haytham Faraj
760-521-7934
Sent from my iPhone
On Aug 26, 2010, at 11:47 AM, "Houtz Maj Pete D" <pete.houtz@usmc.mil> wrote:
> Maj Maroudis,
>
> Please see the response to Mr. Faraj from the SJA of MCRD SD.
>
> This is the process that must be followed prior to any decisions.
>
> Please copy or fwd to my office any communications with Mr. Faraj.
>
> Essentially, we need a written request from the defense to the Commander who placed SSgt Vega in confinement. At that point we will respond to you with the Commands endorsement to their request. Then, you will be able to make a decision whether to have a re-hearing.
>
> Thanks,
>
> Maj Houtz
>
> -----Original Message-----
> From: Sullivan LtCol Sean
> Sent: Wednesday, August 25, 2010 14:51
> To: Haytham Faraj
> Cc: Houtz Maj Pete D; Logan Capt Gavin K; Boyer Capt John F
> Subject: RE: Vega pretrial confinement
>
> Haytham,
>
> Please direct a formal written request with any substantiating evidence which corroborates the claims in your below email to the Commanding Officer who initially placed SNM in confinement. As you are aware, the pretrial confinement decision is Commander's call and thus it seems that you are requesting reconsideration based upon alleged new evidence. A formal written request to CO via trial counsel will ensure we have a professional paper trial on this matter.
>
> s/f-Sean
>
> LTCOL Sean M. Sullivan, USMCR
> Staff Judge Advocate, MCRD
> 3700 Chosin Ave, Building 12
> San Diego Ca 92140
> (O) 619 524 4104 DSN 524 4104
> (BB) 619 302 2145
>
>
> -----Original Message-----
> From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
> Sent: Wednesday, August 25, 2010 14:41
> To: Sullivan LtCol Sean
> Cc: Houtz Maj Pete D; Logan Capt Gavin K; Boyer Capt John F
> Subject: Vega pretrial confinement
>
> Sean:
>
> During the Article 32 hearing yesterday several evidentiary matters were discovered or became clear.
>
>
>
> 1. At the time of the decision to confine Vega, the command was under the mistaken belief that he had taken a life insurance policy on the life of the accuser. That is NOT true. The life insurance policy had the girl's mom as the beneficiary. Mom claimed that her daughter told her it is Vega. She still believes that.
>
> 2. Yesterday the accuser also admitted that she told him that she took the gun. She claims that she only said that to piss him off. When pressed, she also admitted that she told the family counselor at MCRD that she took the missing gun.
>
> 3. Her claim that he threatened her with the gun was thoroughly impeached. She testified yesterday that Vega threatened her with the same gun. She told NCIS that the incident happened in the Spring of 2009. That is impossible. The gun disappeared by her own hand on June 17, 2008. She admitted that Vega continued to ask her about his gun well into 2009. He couldn't have threatened her with a gun that he continuously asked her about.
>
> 4. Finally, There has been no contact between Vega and is accuser since late 2009. Confining him in June of 2010 is simply unfair. You would never make that decision if you were the CA. The facts to justify confinement simply do not exist. Even the IO wondered why he was in confinement. I am not commenting on the charges. We will deal with those as they come. The facts that initially counseled for confinement simply do not exist.
>
>
>
> I respectfully request that the command release SSgt Vega. I have requested an IRO hearing. I feel, however, that spending even one extra night in jail would be patently unfair.
>
>
>
> Haytham Faraj, Esq.
>
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>
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