Doug:
I am very interested on your views on these notes and analysis
you have. These should have been turned in a long time ago. Brady, however,
does not require their release. Brady requires the release of exculpatory
material before trial. It has no effect at the Article 32 stage. The
Rules for Court Martial are for more liberal regarding discovery than any
Federal rules or case law.
From: Douglas Wacker
[mailto:douglas.wacker@gmail.com]
Sent: Tuesday, April 06, 2010 10:16 PM
To: Haytham Faraj; Hur Capt Christian P; Christian Hur
Subject: Fwd: FW: Discovery ICO U.S. v. Wacker
Gentlemen,
Fascinating how we asked for these notes before the last Art 32 hearing...
again before the Art 39(a) hearing... and the Gov't stated that they were not
in their possession. WTF?!?! Seriously... did anyone ever ask SA Burge?! If I'm
not mistaken, NCIS is a government agency, therefore if he is in possession,
the Gov't is in possession.
I've only read the first 10 pages and already see discrepancies between his
notes, his typed interview notes, and her sworn statement, as well as her other
statements.
Please bring this up to the IO, the fact that the Government did not produce
this until 5 April 2010 (or 19 March 2010), three years after the incident, and
nearly a year after the first request for such records. I'm ready for the Due
Process motion: (Brady v. Maryland,
373 U.S. 83 (1963),[1]
was a United
States Supreme Court case in which the prosecution had withheld from
the criminal defendant
certain evidence. The defendant challenged his conviction, arguing it
had been contrary to the Due Process
Clause of the Fourteenth Amendment to the United
States Constitution.
S/F
Doug
p.s. Sorry, had to vent a little.
-dsw
---------- Forwarded message
----------
From: Christian Hur <christian.hur@gmail.com>
Date: Tue, Apr 6, 2010 at 6:05 PM
Subject: Fwd: FW: Discovery ICO U.S. v. Wacker
To: Douglas Wacker <douglas.wacker@gmail.com>
Christian P. Hur
---------- Forwarded message
----------
From: "Hur Capt Christian P" <christian.hur@usmc.mil>
Date: Apr 5, 2010 10:20 PM
Subject: FW: Discovery ICO U.S. v. Wacker
To: <christian.hur@gmail.com>
-----Original Message----- From: Day Capt Evan S
Sent: Friday, March 19, 2010 11:04 To: Hur Capt...
--
Douglas S. Wacker
1719 Adams Ave
San Diego, CA 92116
858.401.9392