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Re: 16-17 June 39a witness request

Gentlemen,
I apologize for being unavailable for an 802 that I requested. My phone died. I only now managed to charge it.
I will address the witness denials first. 1stLt Ho and Capt Kim are relevant to the issue of threats to Capt Beck. If they are not available in person, I request that they be made available telephonically.
I personally interviewed Sgt Kahler. He will say that he was at the watch commander meeting when MSgt Scamnan made deragatory comments about Maj Scarselli. The comments were followed with admonitions to not assist the defense. In U.S. v. Walker UCI existed even when a mere member of the command with some influence admonishes witnesses not to cooperate with the Defense.
Finally, the transcript request is for the last 39a not all three hearings. The defense has no resources to produce transcripts. The Circuit rules require that recorded testimony be transcribed if it is to be offered as evidence. Accordingly, I request that testiminy from the last 39a be transcribed. 

Vr,

Haytham Faraj
760-521-7934
Sent from my iPhone
On Jun 9, 2010, at 5:04 PM, "Gilinsky Capt David" <david.gilinsky@usmc.mil > wrote: 


Mr. Faraj,
Since you were apparently unavailable for our 802 conference, the Government will not produce the following witnesses: 

LtCol Ashbacher
1stLt Ho
Capt Kim
These witnesses are not located at 29 Palms, and are not reasonably available. 

Cpl Culhane
Sgt Kahler
Neither of the proffered testimony for these witnesses is vaguely relevant to the subject motion.
In addition, I've attached a pdf of the fedex receipt for the hearings. Capt Hur received them on 3 June. 


Regards,

Capt D. Gilinsky
Trial Counsel/Legal Assistance Attorney
Office of the Staff Judge Advocate
29 Palms, CA
(760) 830-9077


-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Tuesday, June 08, 2010 10:02
To: Gilinsky Capt David; Wareham Capt Jason R
Cc: Rubin LtCol Peter R; Hur Capt Christian P; Haytham@puckettfaraj.com 
Subject: 16-17 June 39a witness request

Gentlemen,
I have attached our witness request for the 16 and 17 June 39a. On May 21st we requested a transcript of Capt Gilinskyâs testimony from the last 39a as well as transcripts of all representations made by counsel regarding the Capt Beck matter at that hearing. To date we have not received that transcript. Please let us know the status of that request and as soon as practicable whether the requested witne sses will be produced. 



Vrs,



Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

WASHINGTON DC METRO × SAN DIEGO × DEARBORN

www.puckettfaraj.com <http://www.puckettfaraj.com/>

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<scar receipt cds.PDF>