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Fwd: Draft Report -- final to be delivered tomorrow



Jim,
Here's the report for your review. 

Haytham Faraj
Sent from my iPad

Begin forwarded message:

From: Rob Bracknell <rob.bracknell@gmail.com>
Date: June 29, 2011 10:50:09 PM EDT
To: christopher.hoover@usmc.mil, haytham@puckettfaraj.com, matthew.mcconnell@usmc.mil
Cc: "Rob & Rebecca Bracknell (robert.bracknell@usmc.mil)" <robert.bracknell@usmc.mil>
Subject: Draft Report -- final to be delivered tomorrow

This will help both sides get a jump start tomorrow on resolving this case.
 
Summary of my rec:  this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony.  Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes.  Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM.
 
You can reach me after tomorrow at my gmail address or my usmc.mil address.  I will join at New River Friday morning.
 
s/f,
rgb
 


--
Butch Bracknell
Lieutenant Colonel, US Marine Corps
CMC Fellow, The Atlantic Council
757-287-4704

Attachment: DD 457 -- Rowe Article 32 pretrial investigation.pdf
Description: Adobe PDF document

Attachment: Addendum to Art 32 Investigating Officer -- Rowe.doc
Description: MS-Word document