Gentlemen,
If you're not ready to work out trial dates yet, please send in a
request for excludable delay until a suitable date in mid-June.
Once we've had a chance to get all parties together to work out trial
dates (either in person or by conference call), then we can go ahead
and either send in an MFD or set up an arraignment. Again, as Maj
Hatch said, we're happy to work out dates ahead of time, and take a
little bit of extra time to do so if necessary, as long was we can
get
the delay excluded.
Very Respectfully,
Captain Evan S. Day
Senior 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".
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-----Original Message-----
From: Hur Capt Christian P
Sent: Thursday, May 27, 2010 15:42
To: Hatch MAJ Douglas C; Day Capt Evan S; 'Haytham Faraj';
'sean.sullivan@cox.net '
Cc: farajh@gmail.com
Subject: RE: ICO U.S. v. Wacker
Gentlemen,
I'm out on leave until 11 June. Mr. Faraj will be back in California
during mid-June too.
Thank you for letting us know about the conversation.
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone: (619) 524-8713
Fax: (619) 524-6784
Address: Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San
Diego, CA 92140
This email may contain Attorney Work Product. Please delete if you
received this message in error.
-----Original Message-----
From: Hatch MAJ Douglas C
Sent: Thursday, May 27, 2010 10:24
To: Day Capt Evan S; 'Haytham Faraj'; 'sean.sullivan@cox.net'; Hur
Capt Christian P
Subject: RE: ICO U.S. v. Wacker
Gentlemen,
Capt Wacker attempted to engage me in conversation this morning
during
an all-hands "safety fair." As I was waiting in line at a booth, he
asked how I was doing, and I said fine (it was as I was saying this
that I noticed Capt Wacker was the one who had just greeted me).
Some
time passed, then he asked if my wife was still working at the US
Attorney's office, and I replied "she is."
I presume Capt Wacker is unaware that I am the MJO at Miramar, and am
likely to be an attorney of record during his court-martial. I did
not inform him of this given the public forum--we were both standing
in line at a booth, surrounded by several Marines. Given the nature
of the brief contact we had, and my responses, I did not
feel it necessary to let him know he shouldn't be talking to me.
And Again, I did not want to reference his pending trial in front of
the many junior Marines standing near us.
I am informing you of this solely out of the professional obligation
to do so, and again, I presume Capt Wacker was not aware that I am
likely to be assisting in the prosecution of this case. Please let
him know so that this doesn't happen in the future. Thanks.
**BREAK**
Please advise whether you want to set trial dates through a motion
for
docketing or whether we will need to do an arraignment. It's
immaterial to us. However, docketing requests for the week of 7-11
June are due COB this Friday, because of the holiday schedule. We
are
happy to try to arrange trial dates ahead of time, but again, we need
to do so before COB Friday if we are going to set trial dates via an
MFD. I'd like to set up a conference call ASAP to discuss, so please
let me know your availability. Thanks.
S/F
Major Doug Hatch, USMC
Military Justice Officer
3d Marine Air Wing & MCAS Miramar
(858)577-6859
-----Original Message-----
From: Day Capt Evan S
Sent: Wednesday, May 26, 2010 17:10
To: 'Haytham Faraj'; Hatch MAJ Douglas C; 'sean.sullivan@cox.net';
Hur
Capt Christian P
Subject: ICO U.S. v. Wacker
Gentlemen,
Please find attached the referred charge sheet, convening order, and
Article 34 advice letter in the subject case.
Very Respectfully,
Captain Evan S. Day
Senior 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 delete or destroy any copy
of
this message.