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Re: Attorney & Client Communications - CPT Hill



Roger,
I know that LTC West would be happy to share his thoughts with you. You should understand that he's like a one-legged man in an ass-kicking contest right now, as his Congressional campaign is beginning its final push to the election on 4 Nov. But as he has time, I'm sure he'll offer insights and encouragement.

Al,
Roger Hill is an Army CPT in command of a SOC unit. If I told you how similar his circumstance (currently under AR 15-6 investigation) is to yours, you'd think it was deja vu all over again. Our mutual friend, Bill Chatfield, put us in contact. Looks like Haytham and I will be helping Roger and his wife, Lauren, through this difficult process. He hope to engage you in dialogue when you have time. When I have time, (as in, when this murder trial is over), I can back-brief you on some of the facts.
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, One more thing. Do you think it would be prudent to contact LTC West? His story has given me hope. I think his and my hearts were and are in the same place. I feel like a criminal here on Slaerno. It's been kind of lonely here and some encouragement from someone who understands would help. Thanks, Roger



----- Original Message ----
From: "neal@puckettfaraj..com" <neal@puckettfaraj.com>
To: Roger Hill <hillrogert@yahoo.com>
Cc: haytham@puckettfaraj.com
Sent: Sunday, September 28, 2008 1:59:20 PM
Subject: Re: Attorney & Client Communications - CPT Hill

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.