CDR and Defense Counsel,
After further discussions with SN Peterson's chain of command, TSC
San Diego, the Government is objecting to the in person appearance
of SN Peterson. She is currently stationed in San Diego, California
and enrolled in a MK-45 MK2 course. According to her Chief, if she
misses 4 consecutive days of class she will be dropped from the
course. This will cause her to have to repeat the course and delay
her arrival to her ship. Due to the Government's position that she
is not a necessary or relevant witness because she has no personal
knowledge of the charged misconduct, the hardship of her missing
class, and the expense to the Navy, the Government objects to
bringing her to Great Lakes, IL for trial.
However, if the Judge does rule that SN Peterson is a necessary
witness the Government requests that she testify telephonically.
In addition, defense witness LT Ross, who is located in Newport, RI,
is scheduled for back surgery on 22 April 2010 and will be on
convalescent leave until 29 April 2010. The witness and the
Government request that he be able to testify telephonically.
Trial Counsel is available to discuss this issue further at an 802
this week or on Monday morning before motions.
V/r,
LT Ray
---------------------------------
Katherine S. Ray
LT, JAGC, USN
Region Legal Service Office, Midwest
Comm: 847.688.3805
Fax: 847.688.2481
DSN: 792.2480
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