Classification: UNCLASSIFIED
Caveats: NONE
Mr. Puckett,
Of course, we would like to interview Mr. and Mrs. Sezginalp. I'm sure that
their information will be very relevant to the inquiry, and I appreciate
their willingness to help. The board order allows us to receive information
from appropriate third parties. We do not need an additional release to
communicate with Mr. Sezginalp for that purpose.
However, though the order permits us to RECEIVE information from Mr.
Sezginalp, a release is needed before the board can disclose information TO
Mr. Sezginalp. This release would govern what the board can and cannot
disclose TO Mr. Sezginalp.
Under normal circumstances, we would not disclose information regarding a
706 inquiry except as indicated in the board order. In this case, the order
prohibits release of any matter considered by the board to any person not
authorized to receive the full report without a court order (see section 6).
I raised the concern because our email communications may contain
information otherwise privileged under MRE 302, and if Mr. Sezginalp
receives them, they may become admissible. Further, such disclosure appears
prohibited by the board order. Therefore, I think it would be prudent for
any release of information authorizing disclosure BY board members TO Mr.
Sezginalp or any other third party be very limited.
I differ to your judgment in this matter, though I do request that the
release be specific. I've attached a blank release form to this email.
Section 8 "INFORMATION TO BE RELEASED" should contain whatever limits to
disclosure that you and your client deem appropriate. The signed release
can be returned by fax or email. Please feel free to contact me if there
are any questions.
v/r,
Jennifer S. Yeaw, Psy.D.
Forensic Psychologist
Walter Reed Army Medical Center
Comm: 202-782-8028
Blackberry: 202-415-9079
Fax: 202-782-8379
-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Monday, October 26, 2009 11:45 AM
To: Yeaw, Jennifer S Dr CTR USA MEDCOM WRAMC
Cc: Moulton, David L USA; Vondrak, Samantha M CPT MIL USA MEDCOM MAMC;
gsezginalp@comcast.net; Code Brian D LT OJAG 45 Korn
Subject: Re: RCM 706 (UNCLASSIFIED)
Dr. Yeaw,
I have no legal concern about protecting otherwise privileged information
for this case. I would prefer that he execute a more expanded release,
allowing you to gather as much information as possible. Pvt Sezginalp's
father, Guven Sezginalp, will be bringing additional medical records and
even a video of his son to assist you. You may want to consider
interviewing his parents to record their observations of their son's
behavior. I have copied Mr. Sezginalp on this email and would like for us
all to continue to do that. If you can scan an expanded release and send it
to him, he can facilitate the signature you require. I am in San Diego for
the week so anything we can send directly rather than through my office
would be helpful.
I look forward to speaking with you at your convenience to provide any
information you may need. My direct line is: 202-340-0069.
V/r,
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | San Diego
888.970.0005
www.puckettfaraj.com
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.
On Oct 26, 2009, at 7:07 AM, Yeaw, Jennifer S Dr CTR USA MEDCOM WRAMC wrote:
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Puckett,
Greetings. LCDR Moulton, CPT Vondrak and I will be conducting the
706 of
your client. We are looking forward to working with you.
I need to get a release of information from Pvt Sezginalp prior to
communicating directly with his father. I have prepared one and
will fax it
to your office this morning. The information to be released is
currently
"limited to facilitate 706 inquiry." We can do an expanded release
if you
wish. However, I think you should consider whether or not
communications
between the board and Mr. Sezginalp would be privileged. I would
hate for
information otherwise protected under MRE 302 to inadvertently
become
admissible. Please let me know how your client would like to
proceed, and
as soon as I get the signed release back I will include Mr.
Sezginalp on our
email correspondence as appropriate.
We have reserved 2-5 November for the evaluation. We'd like to have
Pvt
Sezginalp here at 0800 on 2 November if possible. Please let me
know if
their travel arrangements make this impractical. Our office is
located in
Building 6 "Borden Pavilion" on the main campus of Walter Reed Army
Medical
Center. We are on the 3rd floor in the Adult Behavioral Health
Clinic.
They should check in with the front desk when they arrive. The
address is
6900 Georgia Avenue NW, Washington, D.C. The Sezginalps can park in
the
main patient parking garage. Parking is a premium here, so public
transportation is always a good option. There is construction going
on
between our building and the parking garage, and a detour is likely.
I
recommend that they ask for directions of one of the concierges
(identifiable by their red blazers) when they arrive. Both of my
numbers
are listed below, and our main clinic number is 202-782-6061.
We have received a packet of medical records from Capt Steketee, a
trial
transcript, and the appellate 706 order. In a separate email, I
requested
the following: The original and appellate discovery files; The
appellant's
military service record; The appellant's criminal history
information; All
available medical records of the appellant; Current contact
information for
relevant witnesses,
in particular, the appellant's NCO and commander at the time of the
offense
and trial and defense counsel from the original trial; Any other
records in
the government's possession relevant to the appellant's current or
past
mental state.
We would like to complete the record review prior to our interview
with Pvt
Sezginalp. Please forward any relevant records you have at your
earliest
convenience. We would prefer the files be sent electronically.
Alternately, you can mail the records to my attention at the address
below.
Lastly, at your convenience, we would like to discuss your concerns
about
your client's mental state. Would you be available for a brief
telephone
conference sometime Wednesday?
v/r,
Jennifer S. Yeaw, Psy.D.
Forensic Psychologist
Walter Reed Army Medical Center
Department of Psychiatry, Forensic Psychiatry Service
6900 Georgia Avenue NW Bldg. 6, Room 3007
Washington, DC 20307
Comm: 202-782-8028
Blackberry: 202-415-9079
Fax: 202-782-8379
-----Original Message-----
From: Neal Puckett [mailto:neal@puckettfaraj.com]
Sent: Saturday, October 24, 2009 10:55 AM
To: Woodworth Col John R
Cc: Yeaw, Jennifer S Dr CTR USA MEDCOM WRAMC; Moulton, David L USA;
Vondrak,
Samantha M CPT MIL USA MEDCOM MAMC; Becoat, Lisa M LCDR NAMARA, CODE
40/02;
gsezginalp@comcast.net; Galvin Maj Joseph E
Subject: Re: RCM 706 (UNCLASSIFIED)
Woody,
Mr. Sezginalp says that he can bring Pvt Sezginalp to Walter Reed
during 2-5
Nov 2009. Please send details of where he needs to report and when.
All
prior documentation will be provided to the Dr. appointed to conduct
the RCM
706 evaluation. Please include Mr. Sezginalp
(gsezginalp@comcast.net) and
me on all email correspondence including instructions. I have
copied Mr.
Sezginalp on the cc: line of this email.
S/f,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | San Diego
888.970.0005
www.puckettfaraj.com
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.
On Oct 22, 2009, at 7:57 PM, Woodworth Col John R wrote:
Mr. Puckett:
As discussed, Dr. Yeaw's team can examine your client at WRAMC.
They can do so 2-5 November.
If your client and his parents can get there during that time, I'll
draft a
document for the CG that recalls your client back from appellate
leave a
period of approximately two weeks for the purpose of this
evaluation.
That letter should be sufficient for him to obtain lodging, if
available, at
WRAMC. Of course, I'm not sure if their facilities will allow his
parents
to stay with him.
No travel claim is necessary as the Marine is responsible for his
own travel
expenses. Since he'll be on active duty for less than thirty days,
his pay
entitlements will be completed by the nearest Marine Corps activity.
Assume
MCRD PI can do the math after the fact.
Please let me know soonest so the doctors can clear the decks.
As I won't be able to get the recall order signed until the 30th,
Major
Galvin can help you interface with billeting at WRAMC.
s/f JRW
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE