[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Rowe

 

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

_______________________

WASHINGTON DC METRO

1800 Diagonal Road

Suite 210

Alexandria, VA 22314

703-706-0442 Phone

 

DETROIT METRO

6200 Schaefer Road

Suite 202

Dearborn, MI 48126

313-457-1390 Phone

202-280-1039 Fax

 

www.puckettfaraj.com

 

The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender.  You are required to purge this E-mail immediately without reading or making any copy or distribution.

 

--- Begin Message --- 
 
-----Original Message-----
From: Grey Capt Nicholas R 
Sent: Wednesday, September 08, 2010 11:18
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: 'nrgrey@gmail.com'; 'Christian.Hur@gmail.com'; 'rowec_atl@yahoo.com'
Subject: RE: 

Sir,
	I've thought about your case over the weekend and I am more convinced than ever that retaining civilian counsel is the proper course of action.

	This may be a holdover from when I was working divorces in civilian practice, but I look to dollars and cents on my cases and see that your retirement is on the line.  Under the high-3 retirement calculator, that asset could be worth over two million dollars over 40 years.

 (http://militarypay.defense.gov/mpcalcs/Calculators/FinalPayHigh3Result.aspx)  

	Capt Hur discussed your case with LtCol Sullivan (the SJA) over email and understands that the CG's intention is to seek your dismissal, even if you accept NJP.  Given the stakes and the government's intentions, then, I don't see much advantage with cooperating with them.

	I do think there is a fair risk of conviction at trial on the wrongful sexual contact charges.  The elements of wrongful sexual contact are easier to prove than aggravated or abusive sexual contact.  For wrongful sexual contact the government only needs to prove that there was "intentional touching, either directly or through the clothing, of the genitalia...breast...or buttocks of another...with an intent to...arouse or gratify the sexual desire of any person" and that the contact was without legal justification or authorization.  Potter, Ogletree, and Vinson will all testify that the contact occurred and Ogletree (and Vinson?) will testify the touching was without authorization.  The government need not prove coercion or force occurred.
	
	We do have a "mistake of fact" defense available to us, essentially arguing that, even if the women did not consent in their own minds, their conduct and the circumstances made it reasonable for you to believe that they did consent.  The mistake must be objectively reasonable, meaning that an ordinary sober person in those circumstances would think that he had consent to touch.  GySgt Potter's testimony will assist in this defense, but the members may still side with Ogletree because GySgt Potter was further away and couldn't have been watching everything the whole time.

	Again, I think it is worth running the risk of conviction at General Court Martial given what is on the line.  Conviction at GCM will stain your reputation and criminal record, but I don't see jail time out of this case.  If we accept an NJP plea deal you will likely be before a board yet this year, facing dismissal before your 20 years.  If you go to court martial with civilian counsel you will be in the judicial pipeline for many months and stand a much better chance of remaining in until your 20 year mark.  The government is not prevented from starting administrative proceedings now, but they always opt to go the judicial route first.

	As an example of how civilian counsel can draw out proceedings, when I was scheduling my first case in April I asked the judge for 10 weeks to prepare and the government argued we should go to trial in 6 weeks.  The judge compromised at 8 weeks.  The exact same judge has allowed civilian counsel continuances from April until now in another case that I am working on--trial still is not even scheduled in that matter.

	On a positive note, it sounds as though the government is going to withdraw the orders violation charge regarding alcohol at 9th MCD HQ.  The CO apparently does not think that charge warrants further investigation.


Respectfully,

Capt Nicholas Grey
Defense Counsel
MCRD San Diego
(619) 524-4113

ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT.  The information contained in or attached to this communication is confidential, legally privileged and intended for use only by the individual or entity to which it is transmitted.  Any other use of this communication is strictly prohibited.  If you have received this communication in error, please notify the sender immediately at the above email address or telephone number.  

DO NOT RELEASE, FORWARD, OR COPY WITHOUT PRIOR AUTHORIZATION FROM THE SENDER. 

  

-----Original Message-----
From: Rowe Maj Carlos O
Sent: Friday, September 03, 2010 6:29
To: Hur Capt Christian P; Grey Capt Nicholas R
Cc: nrgrey@gmail.com; Christian.Hur@gmail.com; rowec_atl@yahoo.com
Subject: 
Importance: High

Capts Hur and Grey,

Per your recommendation and an attempt to achieve a continuance in order to properly prepare, I have decided to retain civilian representation.  Spoke to both Mr. Faraj and Mr Vokey.  Both appear highly competent, very aggressive, and eager to win this case.  Both gave solid pieces of advice.  I feel confident with either working the case along with you both that we can successfully defend (WIN).

While I understand this does not mean or guarantees a continuance will be granted, it does provide additional firepower to an already dynamic team.

I think you both are aware that I'm a fairly intense person that does his homework and research.  You both come highly recommended and I even was given the nickname of "Hurricane" by one who personally stated you leave no stones unturned.

Basically what I'm saying is, please do not take my gratitude of your hard work on my case for granted as you both are critical members of the team and I look forward to the successful defense of this case.

Until I hear otherwise, I will continue to prepare for the Article 32 along with you both (17 Sept as discussed here in Kansas City is what I'm hearing).  Whatever happens, I do appreciate your hard work, faith, and dedication.

I will make a final decision this afternoon and keep you informed.

S/F

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Rowe Maj Carlos O 
Sent: Wednesday, September 08, 2010 13:38
To: Grey Capt Nicholas R; Hur Capt Christian P
Cc: 'nrgrey@gmail.com'; 'Christian.Hur@gmail.com'; 'rowec_atl@yahoo.com'
Subject: RE: 

Thanks.  

Both times Laura and Tina danced with me.  Each time, she made it a point to ensure her and Tina was together in dancing with me.

I actually left the dance floor as a result of being uncomfortable.  Laura was being very aggressive in her dancing.

They both approached me again to dance.  The same thing happened and I left to get away from them to the bar next door.

The first time it happened, my statement to GySgt Potter was did you see that, stick close.....  The second time, I was like, "let's get out here, they are up to something"...... 

While she has had a few months to get her story straight in her head, the bottom line is every single time, they both approached me.  I NEVER approached or asked them to dance.....  As you stated, those actions do NOT appear to be of a person in distress.

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Grey Capt Nicholas R
Sent: Wednesday, September 08, 2010 13:20
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: 'nrgrey@gmail.com'; 'Christian.Hur@gmail.com'; 'rowec_atl@yahoo.com'
Subject: RE: 

Sir,
	In regards to your questions on cross examination, Capt Hur interviewed Ms. Ogletree over the phone recently and I took notes.  I believe on the stand she would discuss that night as something like this: 

"Tina and I were dancing with Maj Rowe and at some point I became uncomfortable with how physical the dancing was becoming and I left the dance floor.  Sometime later I saw that Tina was still dancing with Maj Rowe and looked distress, I saw her mouth the words 'help me.'  I then went back to the dance floor to pull Tina off and essentially swapped places with her.  After this swap-out, Maj Rowe continued to dance aggressively and sexually with me, twice pulling my hand to his groin.  After the first instance I pulled her hand away and said "Whoa!"  After the second instance I left the dance floor saying, 'we're done.'"

I thought Ms. Ogletree sounded pretty genuine over the phone and I could see how members could find her persuasive.  Cutting the other way, in my experience, if a girl is trying to bail her friend out from a sticky situation with 'that guy' at the bar she will normally take her to the bathroom, the group's table, the bar for another round, etc.  If she really was uncomfortable dancing with you before, and saw that Tina was uncomfortable, why take Tina's place?  Why not just take Tina back to the table with everyone else?

I'll try to get you a copy of my notes from the interview sometime this week.

Respectfully,

Capt Grey  

-----Original Message-----
From: Rowe Maj Carlos O
Sent: Wednesday, September 08, 2010 10:09
To: Grey Capt Nicholas R; Hur Capt Christian P
Cc: 'nrgrey@gmail.com'; 'Christian.Hur@gmail.com'; 'rowec_atl@yahoo.com'
Subject: RE: 

Thanks and great info / insight provided.  I have decided to retain civilian counsel although still trying to make the choice between Haytham Faraj and Colby Vokey.  The choice will definitely be made TODAY (within the next few hours), but still debating both.

I wholeheartedly agree with everything said below and willing to stake my career / reputation on winning this case either at the Article 32 (preferred outcome) or if they decide to go to trial.

As with any decision to move forward with disciplinary proceedings, I understand the risk associated with it.  I'm adamant that I'm innocent of the charges alleged against me.  I have played this over and over in my mind on numerous occasions and still I'm convinced the contact was not initiated by me or intentional.  I have read both statements over and over (Laura Ogletree and Tina Vinson) and the statement of GySgt Potter.  I'm positive once questioned and cross examined that the truth will be revealed.


For example:

1.  Who initiated the dancing?
2.  Did Major Rowe have a drink on the dance floor?  If so, how did he rub both hands?
3.  Was the dance floor crowded?  If so, is it possible that such contact incidental and non-intentional?
4.  Did at any time you initiate contact with Major Rowe?  Sexually?  Provocatively?
5.  How many times did you dance with Major Rowe?
6.  Did Major Rowe walk away at any time on the dance floor?
7.  Did you attempt to dance with him a second time?
8.  At what point did the alleged contact occur?  The first dance or second dance?
9.  Why did Major Rowe leave the dance floor?
10. What did Major Rowe immediately say to GySgt Potter upon leaving the dance floor?  The first time?  The second time? 
11. For the record, demonstrate the type of dancing that occurred the night of 7 Nov 2009 at Raoul's?

Truthful answers to the above questions WILL secure my innocence. 

Thanks again.  I truly appreciate the hard work.  Just dealing with it can be frustrating at times, but I remain confident.

Will contact you shortly with my counsel choice.

S/F

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Grey Capt Nicholas R
Sent: Wednesday, September 08, 2010 11:18
To: Rowe Maj Carlos O; Hur Capt Christian P
Cc: 'nrgrey@gmail.com'; 'Christian.Hur@gmail.com'; 'rowec_atl@yahoo.com'
Subject: RE: 

Sir,
	I've thought about your case over the weekend and I am more convinced than ever that retaining civilian counsel is the proper course of action.

	This may be a holdover from when I was working divorces in civilian practice, but I look to dollars and cents on my cases and see that your retirement is on the line.  Under the high-3 retirement calculator, that asset could be worth over two million dollars over 40 years.

 (http://militarypay.defense.gov/mpcalcs/Calculators/FinalPayHigh3Result.aspx)  

	Capt Hur discussed your case with LtCol Sullivan (the SJA) over email and understands that the CG's intention is to seek your dismissal, even if you accept NJP.  Given the stakes and the government's intentions, then, I don't see much advantage with cooperating with them.

	I do think there is a fair risk of conviction at trial on the wrongful sexual contact charges.  The elements of wrongful sexual contact are easier to prove than aggravated or abusive sexual contact.  For wrongful sexual contact the government only needs to prove that there was "intentional touching, either directly or through the clothing, of the genitalia...breast...or buttocks of another...with an intent to...arouse or gratify the sexual desire of any person" and that the contact was without legal justification or authorization.  Potter, Ogletree, and Vinson will all testify that the contact occurred and Ogletree (and Vinson?) will testify the touching was without authorization.  The government need not prove coercion or force occurred.
	
	We do have a "mistake of fact" defense available to us, essentially arguing that, even if the women did not consent in their own minds, their conduct and the circumstances made it reasonable for you to believe that they did consent.  The mistake must be objectively reasonable, meaning that an ordinary sober person in those circumstances would think that he had consent to touch.  GySgt Potter's testimony will assist in this defense, but the members may still side with Ogletree because GySgt Potter was further away and couldn't have been watching everything the whole time.

	Again, I think it is worth running the risk of conviction at General Court Martial given what is on the line.  Conviction at GCM will stain your reputation and criminal record, but I don't see jail time out of this case.  If we accept an NJP plea deal you will likely be before a board yet this year, facing dismissal before your 20 years.  If you go to court martial with civilian counsel you will be in the judicial pipeline for many months and stand a much better chance of remaining in until your 20 year mark.  The government is not prevented from starting administrative proceedings now, but they always opt to go the judicial route first.

	As an example of how civilian counsel can draw out proceedings, when I was scheduling my first case in April I asked the judge for 10 weeks to prepare and the government argued we should go to trial in 6 weeks.  The judge compromised at 8 weeks.  The exact same judge has allowed civilian counsel continuances from April until now in another case that I am working on--trial still is not even scheduled in that matter.

	On a positive note, it sounds as though the government is going to withdraw the orders violation charge regarding alcohol at 9th MCD HQ.  The CO apparently does not think that charge warrants further investigation.


Respectfully,

Capt Nicholas Grey
Defense Counsel
MCRD San Diego
(619) 524-4113

ATTORNEY-CLIENT PRIVILEGED COMMUNICATION OR ATTORNEY WORK PRODUCT.  The information contained in or attached to this communication is confidential, legally privileged and intended for use only by the individual or entity to which it is transmitted.  Any other use of this communication is strictly prohibited.  If you have received this communication in error, please notify the sender immediately at the above email address or telephone number.  

DO NOT RELEASE, FORWARD, OR COPY WITHOUT PRIOR AUTHORIZATION FROM THE SENDER. 

  

-----Original Message-----
From: Rowe Maj Carlos O
Sent: Friday, September 03, 2010 6:29
To: Hur Capt Christian P; Grey Capt Nicholas R
Cc: nrgrey@gmail.com; Christian.Hur@gmail.com; rowec_atl@yahoo.com
Subject: 
Importance: High

Capts Hur and Grey,

Per your recommendation and an attempt to achieve a continuance in order to properly prepare, I have decided to retain civilian representation.  Spoke to both Mr. Faraj and Mr Vokey.  Both appear highly competent, very aggressive, and eager to win this case.  Both gave solid pieces of advice.  I feel confident with either working the case along with you both that we can successfully defend (WIN).

While I understand this does not mean or guarantees a continuance will be granted, it does provide additional firepower to an already dynamic team.

I think you both are aware that I'm a fairly intense person that does his homework and research.  You both come highly recommended and I even was given the nickname of "Hurricane" by one who personally stated you leave no stones unturned.

Basically what I'm saying is, please do not take my gratitude of your hard work on my case for granted as you both are critical members of the team and I look forward to the successful defense of this case.

Until I hear otherwise, I will continue to prepare for the Article 32 along with you both (17 Sept as discussed here in Kansas City is what I'm hearing).  Whatever happens, I do appreciate your hard work, faith, and dedication.

I will make a final decision this afternoon and keep you informed.

S/F

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Hur Capt Christian P 
Sent: Wednesday, September 01, 2010 18:58
To: Carlisle LtCol Kevin T
Cc: Grey Capt Nicholas R; Torresala Capt John W; Houtz Maj Pete D
Subject: US v. Rowe

Gentlemen,

Major Rowe's discovery request is attached.  Thank you.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received this message in error.
 

Attachment: 1st Maj Rowe DISCOVERY REQUEST.pdf
Description: Adobe PDF document

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
Mr. Faraj,

Previously, I was prepared to give this statement.  However, I have been advised not to and totally concur.  However, this weill give you an indication of my thought process and that I'm very engaged with the case.  

Looking forward to working with you.

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595

Attachment: Legal Defense.doc
Description: MS-Word document

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Rowe Maj Carlos O 
Sent: Monday, August 30, 2010 15:35
To: Hur Capt Christian P; Grey Capt Nicholas R
Cc: rowec_atl@yahoo.com
Subject: Considerations
Importance: High

Team Defense,

I'm attaching 2 documents for your consideration and review (to be included) as part of my defense.  

Additionally, I was just contacted by LtCol Tingle to stop by for some legal documents.  I will forward the email to you as well as keep you informed to the what those documents are.

S/F

Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595

Attachment: List of Defense Witnesses.doc
Description: MS-Word document

Attachment: Legal Defense.doc
Description: MS-Word document

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
FYI/A 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Hur Capt Christian P 
Sent: Wednesday, September 08, 2010 9:54
To: Rowe Maj Carlos O
Subject: FW: ARTICLE 32 HEARING ICO MAJOR ROWE

FYI Sir.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received this message in error.
  


-----Original Message-----
From: Torresala Capt John W
Sent: Thursday, September 02, 2010 15:05
To: Carlisle LtCol Kevin T; Hur Capt Christian P; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Sir,

Please find attached the following: (1) Gov Article 32 witness list, (2) Gov Article 32 exhibit list, (3) Gov response to discovery request, and (4) charge sheet.  Per RCM 405(g)(1), the Government defers to the IO for a determination of relevance and reasonable availability of the evidence and witnesses requested by the Defense.  Note: I have been informed by Maj Houtz that the CA will be dismissing without prejudice Charge I, Specification 2 for consideration by the IO, which will necessitate a re-evaluation of which witnesses requested by the Defense are still relevant to the current charges.  

Additionally, due to the large amount of witnesses located at 9th MCD, the Government concurs with the Defense that the Article 32 hearing be conducted at 9th MCD HQ.  The Convening Authority has been briefed and concurs as well.  All witnesses located at 9th MCD will be available to testify live if needed/relevant.  Please advise if you have any conflicts/issues with regards to conducting the hearing in Kansas City on 17 September.    

Finally, I will need to burn the investigation and enclosures to a CD and mail it to you (the files are too big to email)...if you would kindly provide a mailing address where you would like it sent, I will have my clerks forward it as soon as possible.  Good afternoon Sir.  


Very Respectfully,

John W. Torresala
Captain, USMC
Senior Government Counsel
Office of the Staff Judge Advocate
Marine Corps Recruit Depot San Diego
3700 Chosin Avenue
San Diego, California 92140
Com: (619) 524-4089
Fax: (619) 524-6784

FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties.  The information contained in this message is privileged.  It is intended only for the individuals or entities addressed or their designees.  If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited.  If you have received this message in error, please immediately notify the originator and delete or destroy any copy of this message.


-----Original Message-----
From: Carlisle LtCol Kevin T
Sent: Monday, August 30, 2010 11:12
To: Hur Capt Christian P; Torresala Capt John W; Grey Capt Nicholas R
Cc: Houtz Maj Pete D
Subject: ARTICLE 32 HEARING ICO MAJOR ROWE

Capt Torresala, Capt Hur, and Capt Grey;

PLEASE VERIFY RECEIPT OF THIS EMAIL. 

I would like to begin the Article 32 hearing at 0800 on Monday, 13 Sep 10.  The uniform will be utilities.  I will stay as late as necessary to complete my investigation.  If necessary, I will dedicate additional days that week to the completion of the investigation.  Please advise if there are any issues that will prevent us from finishing the Article 32 investigation on 13 Sep 10.  

THIS EMAIL CONSTITUTES THE PRELIMINARY CONFERENCE. 

DEFENSE COUNSEL: 

As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of any witness/evidence you request in the following format: 

(1) The witness' name, first, middle initial and last. 
(2) Military witness' rank/grade. 
(3) Military witness' military organization; work telephone number; and current address. 
(4) Civilian witness' address and telephone number, both business and home. 
(5) If the Government has refused to produce a particular witness, please provide a synopsis of the expected testimony and an explanation as to why the testimony is relevant and not cumulative.  Please also briefly explain why the witness is reasonably available. 
(6) Please provide a list of any documents or other physical evidence you want the Government to produce.  Please provide its location, custodian, and an explanation why it is relevant, reasonably available, and non-cumulative.
(7) Please ensure that the accused is present and in the proper uniform.

TRIAL COUNSEL: 

(1) As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of witnesses/evidence in the format listed above. 
(2) By COB, 2 Sep 10, provide the defense with a contact number for the witnesses and
custodian(s) of the evidence. 
(3) If the Government will refuse to produce any witness or evidence requested by the defense, please provide the reason. 
(4) Please provide a location for the hearing and ensure that there is a recording apparatus available.

TRIAL AND DEFENSE COUNSEL: 

Please ensure that Trial and Defense counsel copy each other on all correspondence back to me regarding this investigation. 
  
Please provide a list of any alternatives to testimony or evidence you intend to introduce for my consideration. 

Please indicate ASAP via E-mail whether you intend to object to any alternatives to testimony or evidence opposing counsel intends to introduce.

All my contact information is listed below.

Respectfully,

Kevin T. Carlisle
Lieutenant Colonel, U.S. Marine Corps
Special Counsel, Environmental Law
Western Area Counsel Office
Mobile:  808-551-2055
Office:  760-725-5191 
   Fax:  760-725-5132
 Email:  kevin.carlisle@usmc.mil

Attachment: Gov Witness List - Rowe.pdf
Description: Adobe PDF document

Attachment: Gov Exhibit List - Rowe.pdf
Description: Adobe PDF document

Attachment: Gov Resp to Def Disc Req - Rowe.pdf
Description: Adobe PDF document

Attachment: Charge Sheet (preferred) - Rowe.pdf
Description: Adobe PDF document

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
Please see below: 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595


-----Original Message-----
From: Hur Capt Christian P 
Sent: Wednesday, September 08, 2010 10:19
To: Carlisle LtCol Kevin T; Torresala Capt John W; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Sir,

The defense respectfully objects to COA 1 because Maj Rowe requests his requested witnesses live Sir and the situs of the investigation should be in Kansas where the Accused, the Command, the potential crime scene and the witnesses are located.  Most of the defense requested witnesses are fact witnesses who are either listed on the charge sheet or personally observed Maj Rowe's conduct that forms the basis for why he has been charged.  These witnesses are therefor very relevant for both the Government and the Defense.  See MCM 2008 p. II-36, top left discussion comments (RCM 401(g)(1)(A)).

COA 2 cannot work because another defense counsel and I have a GCM in US v. Nolder scheduled 13 to 14 September.

COA 3 could work if I move the 39a scheduled on 21 September 2010 in US v. Hendee, a possibility.

COA 4 could work because there is nothing scheduled on 28 September 2010 for either myself or Capt Grey.


Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received this message in error.
  


-----Original Message-----
From: Carlisle LtCol Kevin T
Sent: Friday, September 03, 2010 11:18
To: Torresala Capt John W; Hur Capt Christian P; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Capt Torresala,

Option 1 could work.  Does the defense object to the telephonic testimony?    

Respectfully,

LtCol Carlisle

-----Original Message-----
From: Torresala Capt John W
Sent: Friday, September 03, 2010 10:19
To: Carlisle LtCol Kevin T; Hur Capt Christian P; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Sir,

The Government is in favor of option #1 (conducting the hearing at MCRD with telephonic testimony)...Capt Hur and Capt Grey are on leave for Labor Day.  

Very Respectfully,

John W. Torresala
Captain, USMC
Senior Government Counsel
Office of the Staff Judge Advocate
Marine Corps Recruit Depot San Diego
3700 Chosin Avenue
San Diego, California 92140
Com: (619) 524-4089
Fax: (619) 524-6784

FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties.  The information contained in this message is privileged.  It is intended only for the individuals or entities addressed or their designees.  If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited.  If you have received this message in error, please immediately notify the originator and delete or destroy any copy of this message.


-----Original Message-----
From: Carlisle LtCol Kevin T
Sent: Friday, September 03, 2010 9:51
To: Torresala Capt John W; Hur Capt Christian P; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Capt Torresala, Capt Hur,

I have a conflict with an out-of-town hearing on 17 Sep 10.  Possible options (in my order of preference):

1) Use alternatives to live testimony and hold the hearing at MCRD San Diego on 17 Sep 10;
2) Conduct the hearing on 14 Sep in Kansas City (travel on 13 and 15 Sep).  I must return to Camp Pendleton by 0740 on 16 Sep (this option probably conflicts with the GCM);
3) I could grant a continuance and conduct the hearing on Tuesday, 21 Sep (travel to KC on 20 Sep);
4) I could grant a continuance and conduct the hearing on Tuesday, 28 Sep (travel to KC on 27 Sep); 

I'd like to discuss these options.  Let's have a phone conference this morning.

Respectfully,

LtCol Carlisle

-----Original Message-----
From: Torresala Capt John W
Sent: Thursday, September 02, 2010 15:05
To: Carlisle LtCol Kevin T; Hur Capt Christian P; Grey Capt Nicholas R
Cc: Houtz Maj Pete D; Ospina SSgt Jhony A; Hudson Cpl Gina
Subject: RE: ARTICLE 32 HEARING ICO MAJOR ROWE

Sir,

Please find attached the following: (1) Gov Article 32 witness list, (2) Gov Article 32 exhibit list, (3) Gov response to discovery request, and (4) charge sheet.  Per RCM 405(g)(1), the Government defers to the IO for a determination of relevance and reasonable availability of the evidence and witnesses requested by the Defense.  Note: I have been informed by Maj Houtz that the CA will be dismissing without prejudice Charge I, Specification 2 for consideration by the IO, which will necessitate a re-evaluation of which witnesses requested by the Defense are still relevant to the current charges.  

Additionally, due to the large amount of witnesses located at 9th MCD, the Government concurs with the Defense that the Article 32 hearing be conducted at 9th MCD HQ.  The Convening Authority has been briefed and concurs as well.  All witnesses located at 9th MCD will be available to testify live if needed/relevant.  Please advise if you have any conflicts/issues with regards to conducting the hearing in Kansas City on 17 September.    

Finally, I will need to burn the investigation and enclosures to a CD and mail it to you (the files are too big to email)...if you would kindly provide a mailing address where you would like it sent, I will have my clerks forward it as soon as possible.  Good afternoon Sir.  


Very Respectfully,

John W. Torresala
Captain, USMC
Senior Government Counsel
Office of the Staff Judge Advocate
Marine Corps Recruit Depot San Diego
3700 Chosin Avenue
San Diego, California 92140
Com: (619) 524-4089
Fax: (619) 524-6784

FOR OFFICIAL USE ONLY. Any misuse or unauthorized disclosure may result in both civil or criminal penalties.  The information contained in this message is privileged.  It is intended only for the individuals or entities addressed or their designees.  If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form, is prohibited.  If you have received this message in error, please immediately notify the originator and delete or destroy any copy of this message.


-----Original Message-----
From: Carlisle LtCol Kevin T
Sent: Monday, August 30, 2010 11:12
To: Hur Capt Christian P; Torresala Capt John W; Grey Capt Nicholas R
Cc: Houtz Maj Pete D
Subject: ARTICLE 32 HEARING ICO MAJOR ROWE

Capt Torresala, Capt Hur, and Capt Grey;

PLEASE VERIFY RECEIPT OF THIS EMAIL. 

I would like to begin the Article 32 hearing at 0800 on Monday, 13 Sep 10.  The uniform will be utilities.  I will stay as late as necessary to complete my investigation.  If necessary, I will dedicate additional days that week to the completion of the investigation.  Please advise if there are any issues that will prevent us from finishing the Article 32 investigation on 13 Sep 10.  

THIS EMAIL CONSTITUTES THE PRELIMINARY CONFERENCE. 

DEFENSE COUNSEL: 

As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of any witness/evidence you request in the following format: 

(1) The witness' name, first, middle initial and last. 
(2) Military witness' rank/grade. 
(3) Military witness' military organization; work telephone number; and current address. 
(4) Civilian witness' address and telephone number, both business and home. 
(5) If the Government has refused to produce a particular witness, please provide a synopsis of the expected testimony and an explanation as to why the testimony is relevant and not cumulative.  Please also briefly explain why the witness is reasonably available. 
(6) Please provide a list of any documents or other physical evidence you want the Government to produce.  Please provide its location, custodian, and an explanation why it is relevant, reasonably available, and non-cumulative.
(7) Please ensure that the accused is present and in the proper uniform.

TRIAL COUNSEL: 

(1) As soon as possible, but not later than the close of business, 2 Sep 10, please provide a list of witnesses/evidence in the format listed above. 
(2) By COB, 2 Sep 10, provide the defense with a contact number for the witnesses and
custodian(s) of the evidence. 
(3) If the Government will refuse to produce any witness or evidence requested by the defense, please provide the reason. 
(4) Please provide a location for the hearing and ensure that there is a recording apparatus available.

TRIAL AND DEFENSE COUNSEL: 

Please ensure that Trial and Defense counsel copy each other on all correspondence back to me regarding this investigation. 
  
Please provide a list of any alternatives to testimony or evidence you intend to introduce for my consideration. 

Please indicate ASAP via E-mail whether you intend to object to any alternatives to testimony or evidence opposing counsel intends to introduce.

All my contact information is listed below.

Respectfully,

Kevin T. Carlisle
Lieutenant Colonel, U.S. Marine Corps
Special Counsel, Environmental Law
Western Area Counsel Office
Mobile:  808-551-2055
Office:  760-725-5191 
   Fax:  760-725-5132
 Email:  kevin.carlisle@usmc.mil

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---
--- Begin Message --- 
 



Major Carlos Rowe
Deputy G-6
Marine Corps Mobilization Command
15303 Andrews Road
Kansas City, MO 64147-1207
Office: 816-843-3487
Cell: 816-896-8595

Attachment: smime.p7s
Description: S/MIME cryptographic signature


--- End Message ---