I am stuck in a hearing through tomorrow. I can handle the
suppression motion, but do not know all of the facts. I will send
you the motion from what I understand it, and please feel free to
tweak from there.
I assume the plan is to still push for delay on Monday with the
Judge. I think we can get it if you want it. I just spoke with
Katie, and she is operating now as if we are going on 26 April, but
is anticipating delay is going to happen if we make the push.
Again - I will send you the suppression motion Saturday night.
Thanks Haytham!
V/r
Joe
-----Original Message-----
From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Friday, April 16, 2010 10:15
To: Griffo, Joseph T LT NLSO MILL
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
We'll try to work through it Monday. I need your assistance with
the suppression motion. I'll take care of the selective
prosecution. Don't write a long brief. Our issues are as follows:
1. Whether the Chiefs statements and all evidence obtained as a
consequence of those statements are admissible when he invoked his
right to an attorney by saying "I want to avail myself of one"
2. I am no longer clear on whether they have his cell records. I
though the phone records were his. I they are then they should be
suppressed because he did not consent to the search.
The judge knows the law. Cite to a couple of cases on point and
let's leave the bulk of the work for the court.
-----Original Message-----
From: Griffo, Joseph T LT NLSO MILL [mailto:joseph.griffo@navy.mil]
Sent: Friday, April 16, 2010 10:33 AM
To: haytham@puckettfaraj.com
Subject: FW: U.S. v. Natividad: Request for Delay & 802 Conference
Haythem,
I get the impression from his e-mail that not being "inclined" means
that if you insist Monday for delay, he will grant it. I am still
going to operate under the assumption that delay will be granted,
but am ready to proceed if we are going 26 April. At the conclusion
of the call Monday, if we are going to trial, we need to finalize
witness items with Katie.
If you want to talk today, please feel free to call my cell. I am
in Chicago now for a case, but should be available at various
different points.
V/r
Joe
-----Original Message-----
From: Thomas Fichter [mailto:fichtom@yahoo.com]
Sent: Friday, April 16, 2010 9:20
To: Ray, Katherine S LT RLSO MW, GREAT LAKES
Cc: Pennix, Elisabeth H LT RLSO MW; Haytham Faraj; Griffo, Joseph T
LT NLSO MILL
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
To all counsel: I am not inclined to grant any further delay of the
case.
Defense motions/ briefs should be filed by Monday. Government reply
by Thursday. Motions can be argued the following Monday before
trial. We can further discuss this matter during Monday's 802. r/
CDR Fichter
----------
Sent from my Verizon Wireless mobile phone
------Original Message------
From: Ray, Katherine S LT RLSO MW, GREAT LAKES
<katherine.ray@navy.mil>
To: "Thomas Fichter" <fichtom@yahoo.com>
Cc: "Pennix, Elisabeth H LT RLSO MW"
<elisabeth.pennix@navy.mil>,"Haytham
Faraj" <haytham@puckettfaraj.com>, "Griffo, Joseph T LT NLSO MILL"
<joseph.griffo@navy.mil>
Date: Thu, Apr 15, 1:48 PM -0400
Subject: RE: U.S. v. Natividad: Request for Delay & 802 Conference
Sir,
As Defense has indicated, the Government does oppose any further
delay.
This case has been referred since December 2009 and the command is
anxious to get a resolution in this matter. One of the victims has
orders to leave the Great Lakes area on 15 May 2010 and any legal
hold to accommodate defense request could result in the loss of her
orders.
Therefore, trial counsel proposes that defense counsel get their
motions to the Government by COB Friday, 15 April and Government
will respond by COB Wednesday, 21 April. This way motions can be
argued 26 April, the trial could begin 27 April and no further delay
would be required. However, if this course of action is not
tenable, the Government is available to go to trial 19-21 May per
defense request.
Please advise as to which course we should take in this matter with
respect to this continuance request. Witness travel arrangements
for 26 April have been put on hold and all are standing by for your
decision on this continuance request. Thank you kindly for your
attention.
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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-----Original Message-----
From: Griffo, Joseph T LT NLSO MILL
Sent: Thursday, April 15, 2010 11:48
To: 'Thomas Fichter'
Cc: Ray, Katherine S LT RLSO MW, GREAT LAKES; Pennix, Elisabeth H LT
RLSO MW; 'Haytham Faraj'
Subject: U.S. v. Natividad: Request for Delay & 802 Conference
Sir,
After speaking with civilian counsel Mr. Faraj, and in light of
newly discovered evidence, the Defense will be requesting delay to
our trial date on 26 April. The Defense believes there exist
reasonable grounds to bring 2 significant motions: Selective
Prosecution and Suppression of Evidence.
The Defense spoke with Trial Counsel this morning. Trial Counsel
will be opposing this request. However, the Defense spoke with
Trial Counsel about potential dates should delay be granted. The
Defense will be requesting
19-21 May for trial, and leaving the 26 April date open for motions
argument.
Additionally Sir, due to this request for delay, and assuming the
Court grants the request, this will result in my inability to remain
on the case due to military orders sending me to Iraq. I spoke to
civilian counsel and the client about this, as well as my chain of
command. I expect to be released from the client assuming the delay
request is granted, and my command is ready to appoint new counsel
to assist Mr. Faraj going forward.
Finally, for the 802 conference, Defense and Trial Counsel will call
you at 1300 CENTRAL on 19 April 2010.
Very Respectfully,
Joseph T. Griffo
LT, JAGC, USN
Naval Legal Service Office North Central Branch Office Memphis
5722 Integrity Dr
Millington, TN 38054
Phone - Commercial - (901)874-7379
Fax - Commercial - (901)874-5078
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