| M 18Nov06 2101L Colby to Attorneys: Another bit of news... LtCol Sean Sullivan (one of the prosecutors) paid a visit to Maj John Hackel at Miramar where John is the SDC. John has been providing advice to the S-2 by the name of Maj Schubert. Schubert was previously interviewed by NCIS for about 24 hours over 2 sessions and was read his rights. A few weeks ago, the prosecutors wanted to interview Schubert and wanted him to fly down to Pendleton from where he's now stationed (Utah I think). That didn't happen. Apparently they tried to re-interview Schubert again and it was a no-go. So, Sullivan shows up unexpectedly in Hackel's office all pissed off and getting on Hackel's case because Schubert won't talk. He threatened to tell LtGen Mattis if Schubert didn't cooperate. This is about the 4th or 5th example of heavy-handedness by prosecutors of witnesses in the Hamdaniya/Haditha cases. There has been yelling by prosecutors at witnesses for recanting of previous statements that the witnesses say were written by NCIS and NCIS forced them to sign or else. I would expect more of this. There's a UCI/prosecutorial misconduct motion brewing out there somewhere... One interesting note with Schubert. He was read his right and interviewed extensively by NCIS. The prosecutors have recently said that him being read his rights was a mistake and that they want to "take it back" and he's not really suspected. This is the second such example of the rights-take-back approach. I can't seem to find that in the RCMs anywhere. I do remember the use of the take-back on the schoolyard playground. But not in a major military justice case. On a separate note - I have heard additional rumors of charges forthcoming post-Thanksgiving or early December. But again nothing concrete. v/r Colby |