Posted on 02/01/2007 7:10:42 PM PST by RedRover
From: David Sheldon
To: Investigating Officer
Subj: Article 32 hearing ICO United States v. Phan
Date: 28 January 2007
Sir,
1. On behalf of my client, I wanted to state for the record the following:
(a) The defense believes a classification review should be undertaken without delay. We ask you to make this recommendation;
(b) Your recommendation that an investigation into the testimony and conduct of both certain NCIS agents and the three Marines at issue should be initiated and is appropriate. These matters are important as you well recognized;
(c) Your recommendation regarding counsel should include the trial team as well. It became abundantly clear that Major Plowman and Captain Gannon became witnesses when as Major Plowman said "I believe this witness (LCPL Kraus) is lying regarding whether or not he met with me in August of last year." I should note that Lance Corporal Kraus testified that he did not remember meeting with Major Plowman. Additionally, I have concerns about the testimony of two junior, enlisted Marines who testified that two members of the prosecution team, a Captain and a Staff Sergeant Logan, may have sought to improperly threaten them and/or improperly influence their testimony. The defense team has acted in a manner consistent with their ethical obligations. Your comments that these Marines' affidavits were "colored by a third party" are without any basis in fact. As you well know, all three Marines testified under oath repeatedly that their affidavits were voluntary and accurate;
(d) Finally, I am deeply concerned about your repeated statements regarding the credibility of witnesses and the validity of the charges on and off the record prior to hearing all of the evidence or commencing your deliberation. Your comments that you will use your personal experiences and beliefs with respect to operations in Iraq as a bellwether for what is and isn't legal and what is or isn't credible in the present case, and your representation that you intend to use your personal past experiences and relationships with NCIS and its agents, are equally disturbing. In my 16 years of practice, I have never seen an investigating officer or military judge make such patently biased and inappropriate comments. Nor have I ever seen an investigating officer or military judge ever prevent a counsel from making a record as you did just prior to the close of the hearing. Your actions clearly violated L T Phan' s right to a fair and impartial hearing and were an attempt by you to play to the media in order to put the Marine Corps and NCIS in the best possible light. Moreover, your obstreperous, condescending (to include your loud exaggerated sighs and eye rolling) behavior and repeated derogatory comments to Lt. Col. Cord during his closing comments were offensive and without precedence. In sum, you paid lip service to L T Phan's right to a full, fair and impartial Article 32 hearing.
I insist that you make this memorandum an exhibit and attach it to the record.
Copy to:
File
Trial Counsel
Convening Authority
Thanks for the enforcement on the JAG service and thanks for using a screen name that I understand.
WELCOME.
Really? You'll have to explain it to me.
Bet you've left a trail of broken hearts from Petaluma to Poughkeepsie, ma.
Now you are being coy. The day I have to explain something to you will just be sad. Remember when Jaz had to tell me what BTTT meant. Rejoice I am catching on.
Teehee.
Nice shoe's, great job guy's, now red have you received the new review from the JAG hunter?
Yes, rec'd the e-mail. Just replied hoping he can provide back-up data.
Oops. It's not that big.
Yeah, who're you kidding? You're all alike : )
Point one of those investigators that a 'way, and goodness only knows what they'd uncover.
Nifty.
great sweater!!!!!!
I may have been to slanged out that night, so my new understanding is WTFNG stands for:
Whitefang....you can draw your own conclusions at google and the connection with the Marines.
Sounds better than mine!
You never know, there is still the question mark that appears when you type it in and we all know a question mark follows "What?" Hmmm we will never know.
Did you catch O'Reilly last night? He was flaming Arkin's Blogs for the WaPo and mentioned Haditha....I was thrilled just to see it on the screen. Acknowledged.
I just want to be on record as saying that I've always loved you for your mind.
But then again, I've never actually seen you in pink angora.
I mean, you could send photos.
Rumor has it...the soap duckets are open and bowling ball is rolling east. Does brocolli really need a shield in all that gravy? Or is bowling ball seeing the chop house? Your opinion only.
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