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RE: Notice of Representation by CDC--US v. CPT Hill



That's the first full week I'm available, not accounting for travel time. Later in that week or the first of the following week would allow for travel and witness interview time after arrival. I'll have that cover letter for the leave request back to you as soon as I can today.
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 "Masten, Heather A LTC USA TF WARRIOR" <heather.masten@afghan.swa.army.mil>:

Just so I am certain, would the first week of December work for you?

-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Monday, October 20, 2008 11:03 PM
To: Masten, Heather A LTC USA TF WARRIOR
Subject: Re: Notice of Representation by CDC--US v. CPT Hill

Not available in Nov until after Thanksgiving due to rape GCM at Camp
pendleton week of 17 Nov. Will last all week. Planning to travel there
on 10 Nov. for pretrial prep. In FL on business 4-8 Nov.  In Montgomery,
AL 31Oct-1Nov.

N. A. Puckett
LtCol, USMC (Ret)
Puckett & Faraj, PC

On Oct 20, 2008, at 8:06, "Masten, Heather A LTC USA TF WARRIOR"
<heather.masten@afghan.swa.army.mil
 > wrote:

Thanks.  If you let me know when you are available in November, I can
draft the Art 32 delay request as well.  I am almost thinking the
first week of Dec (Dec 1st), given the holidays (for you, at least),
etc.

Have they sent you any information re: country clearance yet?

-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Monday, October 20, 2008 7:05 PM
To: Masten, Heather A LTC USA TF WARRIOR
Subject: Re: Notice of Representation by CDC--US v. CPT Hill

Absolutely!

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | San Diego
888.970.0005


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On Oct 20, 2008, at 10:25 AM, Masten, Heather A LTC USA TF WARRIOR
wrote:


   Thanks, Neal.  If possible, could you put this on your letterhead
and
   for your signature?  I have no problems doing the writing, but I
don't
   think I will have the impact that you will... Sad to say, but true.

   -----Original Message-----
   From: Neal Puckett [mailto:neal@puckettfaraj.com]
   Sent: Monday, October 20, 2008 6:40 PM
   To: Masten, Heather A LTC USA TF WARRIOR
   Subject: Re: Notice of Representation by CDC--US v. CPT Hill

   Agree with your analysis. Let's press with getting him leave.
Have trial
   prep today with court beginning tomorrow. I trust your instincts.
You
   have full authority to speak and write on my/our behalf.
   Neal

   N. A. Puckett
   LtCol, USMC (Ret)
   Puckett & Faraj, PC

   On Oct 20, 2008, at 2:24, "Masten, Heather A LTC USA TF WARRIOR"
   <heather.masten@afghan.swa.army.mil


       wrote:



       Thought I'd draft a rough cover letter for you if you are so
inclined


       to push this issue.





       -----Original Message-----


       From: Masten, Heather A LTC USA TF WARRIOR


       Sent: Monday, October 20, 2008 1:16 PM


       To: 'neal@puckettfaraj.com'


       Cc: Masten, Heather A LTC USA TF WARRIOR


       Subject: FW: Notice of Representation by CDC--US v. CPT Hill



       Neal,



       I'm not sure I'd let this go...but will follow your
lead.  I was


       thinking that we'd have CPT Hill submit a formal leave
request.  The


       evidence of a denial would help with sentencing--and
would also


       support a possible 6th Amendment motion.  The military
frequently


       forgets that Soldiers cannot adequately exercise their
right to


       counsel from a deployed environment.



       CPT Hill is facing life plus thirteen years.  15 days of
R&R,


       especially in light of his several enemy contacts, seems
a minimal


       action on the part of the command.  He's not a flight
risk, and he's


       not assigned any normal--or even necessary--duties.



       Again, I will follow your lead.  I'll have Roger fill
out a DA Form 31



       (leave request) and only have him submit it upon your
direction.



       HM



       -----Original Message-----


       From: Mullins, Jeffrey MAJ USA CTF Currahee SJA OIC


       Sent: Monday, October 20, 2008 11:09 AM


       To: Masten, Heather A LTC USA TF WARRIOR


       Cc: 'neal@puckettfaraj.com'; Johnson, Henry Q USA MAJ
USA CJTF101 JOC;



       Latino, Stephen E CPT USA CTF Currahee JAG


       Subject: RE: Notice of Representation by CDC--US v. CPT
Hill



       LTC Masten,



       CPT Hill's chain of command does not believe that this
is a good time


       for CPT Hill to take R&R given the current attempts to
schedule an


       Art.


       32 hearing and the uncertainty with the date of the Art.
32 Hearing.



       It is also my understanding that CPT Hill's chain of
command will have



       him return to FOB Salerno within a day or two.



       v/r



       JEFFREY J. MULLINS


       Command Judge Advocate


       Combined Task Force Currahee


       DSN: 318-851-0076


       SVOIP: 851-1034


       Mobile: 0707-435-084



       -----Original Message-----


       From: Masten, Heather A LTC USA TF WARRIOR


       Sent: Sunday, October 19, 2008 5:46 PM


       To: Johnson, Henry Q USA MAJ USA CJTF101 JOC; Mullins,
Jeffrey MAJ USA



       CTF Currahee SJA OIC; Latino, Stephen E CPT USA CTF
Currahee JAG


       Cc: Masten, Heather A LTC USA TF WARRIOR;
neal@puckettfaraj.com


       Subject: Notice of Representation by CDC--US v. CPT Hill



       ALCON,



       Please see attached notice re: the CDC in this case.
Also, we need to



       start the country clearance and security clearance
procedures ASAP.



       Finally, I am trying to ascertain the ability of having
CPT Hill take


       his R&R soon.  I am traveling to Charlottesville and
have set up a


       meeting with Mr. Puckett.  Obviously, having a client
present during


       these discussions is helpful, if not necessary.  Please
advise.  My


       travel dates in the Washington DC area to meet with Mr.
Puckett are


       tentatively scheduled to occur o/a 2 or 3 November.  As
a side note,


       CPT Hill has been in theater more since at least April
2008 and


       encountered numerous enemy contacts while at FOB
Airborne.  Added to


       that, he has had the added stress of this case.



       v/r





       HEATHER A. MASTEN


       LTC, JA


       Senior Defense Counsel


       U.S. Army Trial Defense Service


       Afghanistan Field Office


       Bagram AB, Afghanistan


       DSN: 318-431-4323


       heather.masten@afghan.swa.army.mil



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       <Draft Leave Request Cover Letter.doc>