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
I had the same problem when I first read it...
But your post gives me a chance to underscore that the release is a statement by the three members of 2nd Lt. Nathan Phan's defense team.
And please note that two of the members of the defense team are JAGs.
Reliable sources tell me that those two JAGs: Lieutenant Colonel Matthew W. Cord, USMC and Major Jeffrey V. Muñoz, USMC, were instrumental in uncovering the fabrications by NCIS agents that were introduced as evidence in this hearing.
I repeat...
Reliable sources tell me that those two JAGs: Lieutenant Colonel Matthew W. Cord, USMC and Major Jeffrey V. Muñoz, USMC, were instrumental in uncovering the fabrications by NCIS agents that were introduced as evidence in this hearing.
The memorandum that is the subject of this thread is meant to be part of the record and to be read by General Mattis.
The general will soon have the choice of investigating the charges or pressing forward with a court martial.
By the way, have I mentioned lately that Lt Phan is facing more than 20 years in prison?
The press release is already starting to get around in the blogosphere! It's up on the blogsite, Conservative Thoughts.
(I declare there must be a blogger amongst us! And it sure ain't me!) ;)
Now, if Mattis will just step up to the plate.
FR exclusive ping.
Woo-Hoo!
Woo-hoo to you, too! ;)
BUMP for truth
Amazing work, RR.
Thanks for the ping! I really hope that this gets resolved and in the right way, soon!
Thanks, onyx.
Me too! This is outrageous and sad.
Phan attorneys question NCIS methods
Statement overstated what witness said, NCIS agent admits
NCIS agent says his notes conflict with witness statement
NCIS agent testifies notes don't fully match statement
The lance corporal testified that he knows his statement given to agents in Iraq was a sworn statement and that he could face prosecution for making a false official statement if caught in a lie. But he said he provided the subsequent affidavit to Phan's attorneys because the government statement "contained a lie."
BTW, I was just talking to a military blogger who just got into this story. The result is that she's gotten more hits than ever before on this one piece.
Seems to me the reason is simple. Nobody outside of The North County Times and Free Republic is covering this story. So there's not much competition at Google.
If anybody blogs, or knows a blogger, please pass on the tip! And I hope to keep the good stuff coming.
Cheers, DC! We need to keep pushing at this thing until we start to make a difference.
Thank you for your support for our protectors in their need of protecion.
Prayers for our men and women that put their lives on the line for America and the American people.
WOW!!
BUMP for great freeping!
Amen to this statment RedRover.
It is also posted on Lucianne.com...
The press release would make a fine "follow-up" letter to your Senators and Representatives (and whomever else you can think of), which is how I intend to use it.
Lock and load and move forward!
It looks like it was pulled.. Do you have the link?
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