RE: Motions ICO U.S. v. Wuterich

["Haytham Faraj" <haytham@puckettfaraj.com>]

Your honor:
I continue to maintain that it is unnecessary to hold the 13 and 14 May 39a.
I will respond to their motions as soon as practicable. I just completed a
members trial on Friday and am starting another tomorrow.  Before that I was
in back to back hearings that did not allow me sufficient time to draft a
response.  As I said in my previous email, I intend to work directly with
trial counsel on the witness production issue.  Where we are unable to reach
agreement, I propose we send it to you for a final decision.  This can be
done via email and telephonic 802. We can do that sometime in late May.  

I will also resend our expert requests.  We relied on our previous requests
because this court-martial was never adjourned and the charges were never
dismissed.  I understand that it has been a while.  Accordingly, we will
resend our requests.  Our position however, is that we are not bound by the
contracting process.  Experts are producible as a matter of law and were
granted based on a factual showing of necessity and relevancy.  I am not
sure how the lack of an existing contract in 2010 requires us to go through
the request process again to show materiality and relevancy.  In short,
we're all familiar with U.S. v. Warner.  If the Government has one, then we
get one.  

I agree with Maj Gannon that there may be an issue that requires litigation
with respect to the CBS outtakes.  This is a matter that can be resolved in
August.  It's a legal question that will require little or no logistical
work, as I believe all 8 outtake CDs are available.

I will speak to Maj Gannon by telephone tomorrow, Monday April 2.  I will
report back on progress as soon as we're done.

Vrs,
Haytham Faraj

-----Original Message-----
From: Jones LtCol David M [mailto:david.m.jones5@usmc.mil] 
Sent: Tuesday, April 27, 2010 8:56 PM
To: Gannon Maj Nicholas L; Neal Puckett
Cc: Haytham Faraj; Sullivan LtCol Sean; Vokey Colby; Mark Zaid S.; Sullivan
LtCol Sean
Subject: RE: Motions ICO U.S. v. Wuterich

Defense,

Your response?

R,

LtCol David M. Jones
Circuit Military Judge
Western Pacific Judicial Circuit
Navy-Marine Corps Trial Judiciary
Office: 645-7287 / 2156
Fax: 645-2035