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Fwd: Re: Attorney & Client Communications - CPT Hill
FYI.
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
----- Forwarded message from hillrogert@yahoo.com -----
Date: Thu, 9 Oct 2008 04:12:32 -0700 (PDT)
From: Roger Hill <hillrogert@yahoo.com>
Reply-To: Roger Hill <hillrogert@yahoo.com>
Subject: Re: Attorney & Client Communications - CPT Hill
To: neal@puckettfaraj.com
Mr. Puckett, I know you are busy and don't expect a response. Here's
an update of sorts I sent to LTC Masten. Don't know if it really does
much, but it'll let you know what is going on in my life right now at
the very least. Hope the case is going well.
Respectfully,
Roger
Ma'am,
Couple of things, none of which are probably all that important. Maybe
you can help me with some advice, especially regarding the property
thing and SGT Chasi's situation below.
1. My property is being signed over to various people as we speak.
Neither myself, my XO or 1SG are there to over see the transfer. This
worries me for obvious reasons and this is exactly the type of
situation that leads to property accountability problems and to people
having to pay for missing property (ie - me). My property has not
been properly inventoried for two inventory periods and now half of it
is being moved to Salerno, a quarter staying at Airborne and a quarter
going to the battalion's HHC commander. My XO should be there to
oversee all this if I can't, but they won't even let that happen. Any
suggestions on how to protect myself. I've started a memorandum for
record as has my XO, but this could end up screwing me.
2. I asked to work here in the operations shop of TF Currahee and the
lawyer here somehow got involved and said that there are probably some
restrictions regarding classification that will prevent me from doing
anything there. They are supposed to get back to me in a couple of
days. In the process of asking about this job, the brigade S3 told me
that MAJ Mullins believed that this "thing", referring to the case
should start rolling in the next week or so for whatever that is worth.
3. I have a sworn statement here and hopefully some pictures from our
PMT on the way regarding a detainee abuse and murder incident that
occurred over at our NDS compound in Mayden Shar. This is the same NDS
chief and compound that our detainees were released to and the LEP
went over to in order to interview the detainees after we released
them from Airborne. I bring this up b/c I know that CID is pushing
hard to say that the detainees left Airborne after having been abused
and that there physical signs of abuse. This sworn statement and the
others I am in the process of securing will show that this particular
NDS detachment has a prior history of detainee abuse and even detainee
execution. The detainees in that incident happen to be local police
from a near by district just to reiterate the level of corruption we
dealt with here.
4. CPT Bedestani (Wardak special forces team leader) and his team will
be up at BAF soon to provide any statements you think might be useful.
They redeploy very soon. Would it be helpful to have the police
mentorship team which was headed by a LTC and now a MAJ come by for
the same before they redeploy? They can all speak on how spread thin
we were and complexities of the security situation we dealth with,
especially conerning how broken the detainment and retainment of AAF
is within the ISAF system.
5. I've been sleeping a lot better these days. The medication I've
recieved has been working well. I still have a lot of dreams though. I
was dreaming about all this stuff last night and remembered a couple
of things that are worth noting, not major; but does add to the
narrative I wrote. I'll hit you up over the phone with it later.
6. Also, when I called back to Airborne to check the status of my
property, I spoke to my supply NCO SGT Darwin Chasicardenas (Chasi).
He gave me an update on my property, which is why I'm worried right
now; but he volunteered some information I thought might interest you.
When he was being questioned by CID (and I believe he was taken to
BAF for this) he was basically threatened with his citizenship status
by the CID. I'm sure some intimidation of this sort is legit, but the
way they went about was to basically give him an ultimatum of
cooperate or we will dig up something in your history prior to your
citizenship that will have your citizenship revoked. He was
naturalized as a Soldier while in combat. SGT Chasi has been deployed
two other times before this OEF rotation. He has been shot at, blown
up, etc. I just think it is wrong for these CID types who haven't
done anything out of the wire to come at him like this. It has to be
against
some type of guideline. SGT Chasi said that he was seriously
thinking about going to EO about this. I've also heard that a few of
the NCOs in the company are thinking of launching congressionals b/c
of how the men are being treated. I would tell them to cool it, but I
can't communicate with anyone except in instances like this regarding
property. What do you think I should do? What should SGT Chasi do, I
am able to talk to him.
7. I know of 7 total people that have had adverse action flags put on
their records at this time. I know this only by happen chance b/c I am
working with my XO to finish up some awards for my guys before this
thing gets too far down the road. Several awards were denied at this
time. These individuals are: SGT Doyle, SPC Moser, SPC Siler, PFC
Frey, SSG Davis, SFC Moriarity, SPC Peake, SSG Rideaux, 1SG Scott and
myself. None of the guys listed except for SPC Moser and myself did
anything, at least that I am sure of. I know SPC Moser struck a guy
in the face for biting his arm or hand. I believe I saw Peake trip a
guy to the floor, but I'm not even sure if it was him or not. I know
of at least one NCO from A Co that was sent to BAF and I believe that
he will give testimony for a lesser punishment. I believe this is SSG
Picca. I think most if not all the guys from D Co have requested
lawyers.
Respectfully,
CPT Roger Hill
----- Original Message ----
From: "neal@puckettfaraj.com" <neal@puckettfaraj.com>
To: Roger Hill <hillrogert@yahoo.com>; abw_diver@yahoo.com
Sent: Monday, September 29, 2008 4:51:02 AM
Subject: 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.
----- End forwarded message -----
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