Major Gannon, 15 March is fine for your responses. General Helland on the 23rd is fine. Defense: your response to the government's assertions regarding your proposed witnesses? R, LtCol David M. Jones Circuit Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Gannon Maj Nicholas L Sent: Thursday, March 04, 2010 7:43 To: Jones LtCol David M; 'Haytham Faraj' Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; 'cvokey@fhsulaw.com'; 'bethanytrujillo@yahoo.com'; Sullivan LtCol Sean; Plowman Maj Donald J Subject: RE: U.S. v. Wuterich UCI Motion and exhibits Your Honor, Good morning Sir. With respect to the due date for the motions, the government and the defense have been working off of the following mutually agreed upon briefing schedule: Motions Due: 22 February 2010 Responses Due: 15 March 2010 39a Session: 22-? March 2010 If the court directs, we can submit our response motion on 9 March 2010, however, our preference is to keep the responses due on 15 March 2010 Your Honor. Of course, we will comply with anything the Court directs Sir. On another note, with respect to evidence, the Government will call LtGen Helland (Ret), as well as LtCol Riggs. As the Court is aware, the defense has listed eight witnesses in the "Evidence" section of their 22 Feb 2010 UCI motion. It is the government's position that several of the witnesses listed in the defense motion are not relevant or necessary, and consequently, the government does not intend to produce theses witnesses. Each witness is discussed below Sir. General Mattis: The government will be relying on General Mattis' former testimony in the Chessani case for our response to the defense's UCI motion. We have determined that General Mattis can be made available by way of VTC, but on the initial round of litigation we do not intend to present the General's testimony. If the burden shifts to the Government as a result of the 22 Feb 2010 defense motion, we may call General Mattis, depending on the Court's findings. If the defense wishes to present General Mattis' testimony during the week of 22 March 2010, we respectfully request that Court direct the Defense team to justify General Mattis' production. In other words, it’s the government's position that General Mattis' former testimony is on point and it unclear what additional probative evidence is not already covered in General Mattis' former testimony. Col Ewers: Col Ewers will be available to testify should the defense wish to call him; the government's intent is to rely on Col Ewers' former testimony for our motion response. LtCol Ware: this witness will be available. Finally, the government does not intend to call Secretary Winters, General Hagee, or General Conway. It is our position that they are not relevant or necessary witnesses. One final note Sir: the government would like to present General Helland's testimony on 23 March 2010 as opposed to 22 March 2010. We can proceed with the Court's plan of having an 802 on 22 March 2010 at 0830, and thereafter allow the defense to present their case in a effort to shift the burden to the government, and then the government will present its evidence, but due to scheduling issues, we wish to present Gen Helland on 23 March 2010. Please advise if the above is agreeable to the Court Sir. Very respectfully submitted, Major Gannon Nick Gannon Major, USMC Officer-in-Charge, Legal Team Echo Legal Services Support Section 1st Marine Logistics Group, Box 555607 Camp Pendleton, CA 92055-5607 Desk: 760-725-4820 Blackberry: 760-208-7090 Fax: 760-725-4500 nicholas.gannon@usmc.mil -----Original Message----- From: Jones LtCol David M Sent: Tuesday, March 02, 2010 22:55 To: 'Haytham Faraj' Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; cvokey@fhsulaw.com; bethanytrujillo@yahoo.com; Sullivan LtCol Sean; Plowman Maj Donald J; Gannon Maj Nicholas L Subject: RE: U.S. v. Wuterich UCI Motion and exhibits All, In receipt of the above motion with exhibits. I am awaiting the government response. I believe that when we had an 802, it was decided that the counsel would come up with the trial schedule in this case and get that to me. I have never received the proposed trial dates. I understand that everyone wishes to litigate ONLY this UCI motion at our session the week of 22 March 2010. But, I still want a trial schedule set up. As you probably are aware, I will be attending the IMJS in Reno the week before we do these motions. I understand that there are possible many high-ranking people who are being called by both sides as witnesses. This is why I agreed to only hear one motion and gave you three months to get it organized. Here is how I see the order of march. We will have an 802 conference at 0830 on the 22nd. Then we will proceed with the motion. I will be available all week, Monday through Friday to litigate this motion, if necessary. I am not planning on leaving until Saturday, 27 March. I am happy to litigate or resolve any other issues during my stay. We will start court each morning at 0830. So, what I would like within one week's time is the government's response and the proposed trial schedule. R, LtCol David M. Jones Circuit Military Judge Western Pacific Judicial Circuit Navy-Marine Corps Trial Judiciary Office: 645-7287 / 2156 Fax: 645-2035 From the U.S.: 81-611-745-7287 / 2156 -----Original Message----- From: Haytham Faraj [mailto:Haytham@puckettfaraj.com] Sent: Tuesday, February 23, 2010 11:24 To: Jones LtCol David M Cc: 'Neal Puckett'; Tafoya LtCol Patricio A; cvokey@fhsulaw.com; bethanytrujillo@yahoo.com; Sullivan LtCol Sean; Plowman Maj Donald J; Gannon Maj Nicholas L Subject: U.S. v. Wuterich UCI Motion and exhibits Your Honor, The defense’ motion and exhibits are attached. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN www.puckettfaraj.com <http://www.puckettfaraj.com/> 888.970.0005 Toll Free 202.280.1039 Fax 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.
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