RE: U.S. v LTC Thomas D. Donegan (UNCLASSIFIED)

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

Gentlemen:
I've reviewed your questions.  I consider them irrelevant.  I am troubled by
the Judge's decision to release the records as she did.  It leaves one
wondering what privilege remains if the victim's weight and height, high
school eating habits, her diet at the Renfrew center and most troubling her
home address from a psycho-therapy record are relevant to a defense of a
sexual assault.  I have contemplated the possible relevance of your
questions over the weekend and have not come up with a reasonable defense
theory.  Accordingly, I am going to recommend that Mrs. Barnes not answer
the questions especially in light of the Judge's failures to redact
information that has no nexus with, or relevance to, this case.  We consider
your questions to be further victimization and harassment.  You are of
course free to clarify the purpose of your questions which may allow me to
give your request a favorable endorsement.  Nonetheless, I have forwarded
the questions to Mrs. Barnes and will meet with her on Friday to discuss
whether she desires to have your questions answered.

Vr,
Haytham Faraj

-----Original Message-----
From: Beer, Sheldon L CPT MIL USA FORSCOM [mailto:sheldon.beer@us.army.mil] 
Sent: Friday, February 26, 2010 11:51 AM
To: Haytham Faraj
Cc: Kemkes, Matthew J MAJ MIL USA
Subject: U.S. v LTC Thomas D. Donegan (UNCLASSIFIED)

Mr. Faraj,

   Please see the attached letter pertaining to the case of United States v.
Donegan.  When you receive this e-mail please confirm that you can view the
attachment.  Thank you for your assistance in this matter.

v/r

CPT Beer 

-----Original Message-----
From: Haytham Faraj [mailto:Haytham@puckettfaraj.com]
Sent: Wednesday, January 27, 2010 6:40 PM
To: Kemkes, Matthew J MAJ MIL USA
Cc: Overgaard, Angel M. CPT USA JFHQ-NCR/MDW SJA; Rizzotti, Michael CPT MIL
USA; Fein, Ashden CPT USA JFHQ-NCR/MDW SJA; Beer, Sheldon L CPT MIL USA
FORSCOM
Subject: Re: U.S. v LTC Thomas D. Donegan (UNCLASSIFIED)

Maj Kemkes:
I am sure you know that witnesses cannot be compelled to speak to anyone.
CPT Overgaard passed your request. We declined to grant your request for an
interview. I am sure that you had adequate opportunity to depose Mrs. Barnes
at the Article 32. If you missed something you may ask it in writing.
Otherwise it seems to me that your purpose is to harass Mrs. Barnes. Mrs.
Barnes is represented but she is not invoking her right to remain silent.
She just doesn't want to waste time getting deposed again. If you forgot to
ask something at the Article 32, you may ask it in writing.

Sincerely,

Haytham Faraj
760-521-7934
Sent from my iPhone

 

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