Re: Attorney & Client Communications - CPT Hill

[neal@puckettfaraj.com]

Roger,
Thanks for the upadate.  It's 0530 here in Okinawa where a murder  
trial of my client begins today, so my time for correspondence is  
limited right now.  But I wanted to reply to your questions before  
heading off to trial.  I've included my law partner on the cc: line to  
keep him informed.  He's also a retired Marine attorney, but  
additionally a prior infantry enlisted Marine and officer.
I read the attachment, and it appears that you have let higher HQ know  
the issues surrounding your command situation and lack of support.   
Looks like you did all you could do.
1.  The retainer is simply for our work to prepare and present your  
case at an Art 32 investigation.  You are not billed for travel time,  
just actual travel expenses.  The mention of time is to allow us to  
clock and earn the fee during the time spent preparing for the  
hearing.  I have no doubt that donations will reimburse you for your  
initial outlay and cover the costs of additional litigation, if  
required, once the American people learn of your situation.
2.  We teach classes to rooms full of lawyers on how to engage and  
control the media coverage of our clients.  We can develop a great  
deal of interest in your case as we have done for other clients.   
Public support results in donations to legal defense funds.  We can  
make sure that you are also put in touch with fundraising companies  
who do that for a living.  That will be your best bet in the early  
going.  Raising the funds to pay our legal fees should be relatively  
easy.
3.  Information I need from you is simply a flow of information  
between us so that we can stay abreast of developments in the  
investigation.  It's so much better to be involved early like this.
4.  There is no question that we can help you to get through this.  We  
are the most experienced firm in the world in handling cases of this  
nature; allegations of war crimes in the GWOT.  Once we have access to  
the 15-6, we can look into how the investigation was done and what  
holes were left by investigators.  I'm not convinced that asking for  
assistance from a LEP is violative of the reg.  I think the  
investigator can use any resources available.  But we'll certainly  
look into it.
5.  I'll get in touch with Lauren for the access codes.  That will  
help a great deal.  I'll get that info to Mr. Faraj, as well.

Roger, this is an investigation we are fully prepared to tackle in  
order to protect you.  You and Lauren are not in this alone.  We'll be  
available to handle any and all obstacles placed in your path.  No  
need to apologize for delay.  Investigations seem to drag on  
interminably.  We're ready for whatever comes our way in this case.   
We've been there before.


Neal A. Puckett, Esq.
LtCol, USMC (Ret)
The Law Firm of Puckett & Faraj, PC
Washington DC - San Diego CA
www.puckettfaraj.com
888.970.0005


Quoting Roger Hill <hillrogert@yahoo.com>:

> Sir, I know it has been a while. I was hoping to have the evidence   
> to share with you at this point, but the investigation is dragging   
> out. Below are some facts and assumptions. I also have a couple of   
> questions.  Attached is a cry for help I sent in August to my DCGO   
> b/c I did not feel that my Bn or Bde Commands really cared (I had   
> tried talking to both). I jumped the chain after a phone   
> conversation I initiated with the DCGO and him telling me that I   
> could write him without repercussions. This document is accidentally  
>  mislabled and does not actually contain any Secret or No Forn   
> information.. I accidentally labeled it as such. Also attached is   
> the narrative you asked me to write. I may not have captured   
> everything you were looking for, but it is a start. Send me or call   
> me with any questions. I understand you may still be out of town.   
> Respectfully, CPT Roger Hill
>
> 1. Fact - Investigation is still ongoing and CID is still   
> questioning members of my company.  A total of 15 people have been   
> brought in as "suspects" including myself, MAJ Cheasty and my 1SG   
> (Tommy Scott).
> 2. Assumption - I have reason to believe that I am looking at a   
> possible 32 general with multiple charges.
> 3. Assumption - I have reason to believe that CID is still   
> questioning members of my company b/c they plan to get those   
> individuals to trade testimony against me for lessor sentences.
> 4. Fact - Some of the people being questioned have not done anything  
>  criminal in nature. They may have been at the location of the   
> incident, but otherwise I am not sure what else they (CID) have   
> other than placing those individuals at the scene.  A handful of the  
>  Soldiers did put their hands on Soldiers, but the instances I   
> witnessed were only in self defense (a biting incident) or because   
> detainees physically fought commands and gentler guidance to move.
> 5. Fact - The prosecution is attempting to bring local national   
> witnesses into the trial.  The detainees taken off our FOB are   
> currently at NDS.
> 6. Fact - Both MAJ Cheasty, our doctor and MAJ Smith, our battaion   
> XO (informal 15-6 officer before the formal) physically screened the  
>  detainees before the NDS came to pick them up. Neither saw any  
> signs  of abuse and should testify to that.
> 7. Fact - A LEP (government contracted law enforcement professional)  
>  was a part of the investigation team that came for the formal  
> 15-6.   I believe that this is against 15-6 guidelines.  He  
> supposedly took  pictures of the detainees that showed signs of  
> abuse. The only thing  is, those detainees had been over at NDS for  
> over 30 hrs before he  was able to interview them.  Our NDS has a  
> documented history of  killing and abusing their detainees (I am  
> working with our PMT  (police mentorship team) whom I have an  
> outstanding relationship  with for the sworn statements and pictures  
> they had from an incident  in the past.
> 8. Assumption - The prosecution will try and say that the detainees   
> had these signs of abuse before going to the NDS.  This is B.S. as   
> per MAJ Cheasty's and MAJ Smith's screenings before they left our   
> FOB.  There are several other witnesses that will attest to this as   
> well.
>
> Questions:
> 1. Can you explain the terms of the 15K retainer fee.  Specifically,  
>  charge by hour for travel time and if any of it is refundable if  
> not  used.
> 2. Can you explain how we can get the media involved? Money will be   
> an issue with Lauren and I. We would need lots of help, especially   
> since I do not have a pension and us probably having to start over.   
>  How confident are you that we can capture postivie attention from   
> the public with this if needed? 
> 3. What other information do you need from me?
> 4. After reading the narrative, what do you think? Do you think   
> you could help me? I did everything I knew to care for my Soldiers.   
> I really felt my back was against the wall and eventually reached my  
>  breaking point emotionally and mentally.  I've been to combat  
> stress  several times. My doctor was in disbelief when I told him  
> this story  in tears. When I finished he said, "That's it?".  He  
> didn't  understand what was so bad until I told him about the  
> potential  charges. He feels that any reasonable person in my shoes  
> under those  circumstances may have acted in a similar manner..  I  
> am still  having trouble dealing with the deaths of my two Soldiers.  
> I blame  myself even though many people have told me not to do so. I  
> just  feel that I should have told my command NO more often than I  
> did. I  just kept trying to accomplish the mission even when I knew  
> it was  too much. I feel that I should have fell on my sword sooner  
> and I  wouldn't have lost Donnie and Paul.
> 5. Will you pleae contact my wife and ask for the codes to her   
> calling plan for me and call me with your questions? It won't cost   
> you anything. Call me any time : )
> Thanks.