Re: Witness issues ICO US v. Wacker

[Haytham <haytham@puckettfaraj.com>]

Capt Day,
That's a fair request. We'll provide the Witness information and affidavit. 

Haytham Faraj 
760-521-7934
Sent from my iPhone

On Aug 23, 2010, at 1:04 PM, "Day Capt Evan S" <evan.s.day@usmc.mil> wrote:

> Gentlemen,
> 
> I have a couple of issues regarding witnesses that I'd like to see if we can resolve without litigation.
> 
> One is that Susan Minamizono, who the defense has requested, has a baby due shortly before the trial dates.  I'd like to arrange some kind of alternative to testimony for her, and I'm open to reasonable suggestions as there are multiple alternatives with the consent of both parties (stipulation, phone testimony, affidavit, deposition, etc.).  If we can't agree on anything, then I will probably submit a motion for a deposition.
> 
> The second issue relates to character witnesses.  As you probably recall, I denied the vast majority of the character witnesses in the defense witness request.  I'm going to reiterate what I said in my original response and state that the government is willing to re-evaluate the request for production of a reasonable number of character witnesses, provided that the defense provides an adequate proffer showing, among other things, current (and verified) contact information, that the defense has actually contacted these witnesses (or made diligent efforts to), some evidence that they would testify as proffered (e.g. statement from the witness), and some explanation for why particular witnesses are not cumulative with other witnesses.  I'm assuming that you will be filing some sort of motion to compel witnesses, so we can probably avoid some time litigating the issue.
> 
> 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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