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RE: AECS Campbell
LT Brooks.
Get an order from the military judge. Please stop asking up if we could
accept telephonic testimony. If you were charged would you agree to have
telephonic testimony? Would you rely on a testimony coming out of a
telephone to convince jurors of your good character? The case law is on my
side in this. GMC has been endorsed by our courts as relevant and material
evidence. We have a right to production. I don't care the he is available
by phone. The Government wants to put Chief Natividad in jail but doesn't
want to afford him his rights to a defense. This is a criminal trial. I
have no subpoena power; only you, the Government, has it. If you're getting
resistance, use the tools at your disposal. I will not agree to any more
telephonic testimony except that what which I have agreed to.
Best regards,
Haytham Faraj
-----Original Message-----
From: Brooks, Jeremy LT, RLSO MW Great Lakes
[mailto:jeremy.brooks1@navy.mil]
Sent: Friday, April 23, 2010 9:20 AM
To: Haytham Faraj; Griffo, Joseph T LT NLSO MILL
Cc: Ray, Katherine S LT RLSO MW, GREAT LAKES
Subject: AECS Campbell
Mr. Faraj and LT Griffo,
AECS Campbell's command is not going to permit him to travel to Great Lakes
absent an order by the Military Judge due to operational concerns. They will
however support remote testimony. Attached is a proffer of testimony from
the Commander of the Carrier Air Wing FIVE regarding AECS's availability.
The government does not object to remote testimony, however I suspect you
all will. Please let me know if you will request AECS to appear in person
and I will send the MJ an email informing we will have another witness issue
to address on Monday.
V/r
Jeremy R. Brooks
LT, JAGC, USNR
Region Legal Service Office Midwest
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