RE: U.S. v. Natividad: Request for Delay & 802 Conference

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

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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