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Penland Courtmartial

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Penland Courtmartial VERBATIM RECORD OF TRIAL OF PENLAND SYNEEDA L. LCDR / O-4 (LAST NAME) (FIRST) (MIDDLE) (SSN) (RANK/RATE) UNITED STATES NAVY NAVAL COASTAL WARFARE GROUP ONE (ARMED FORCE) (UNIT or ORGANIZATION) BY GENERAL COURT-MARTIAL CONVENED BY COMMANDER NAVY REGION SOUTHWEST SAN DIEGO, CALIFORNIA 92132-0058 TRIED AT WESTERN JUDICIAL CIRCUIT COURTHOUSE NAVAL BASE, SAN DIEGO, CALIFORNIA 92136-5025 ON 22 JANUARY 2008 22 FEBRUARY 2008 10, 23 APRIL 2008 14, 19, 21, 22, 23, 24 MAY 2008 ENCL (2) INDEX Introduction of counsel . 3, 25, 266 Challenges . 594 Arraignment . 34 Motions . 35, 43, 50, 52, 150, 155, 165, 168, 185 219, 226, 585, 594, 608, 660, 663, 664, 952 Pleas . 213 Findings . 946 Sentence . 1007 T E S T I M O N Y Direct Cross Name of Witness Redirect Recross Court Motions: LCDR Syneeda L. Penland 44, 102 74 98 CAPT John Sturges, III (RET) 104, 119 115, 120 -- LCDR Mei Ling A. Marshall 122 142 -- LCDR Syneeda L. Penland 186 -- 189 Prosecution case-in-chief: PS1 Jeffrey Crawford 376 -- 378 SKC Stacy L. Zogaib 379, 385 384, 386 -- Brian Duffy 387 396 -- CDR Brendon X. Doud 399 -- -- PS1 Cheston A. Lee 418, 427 424 426 CDR Matthew J. Masi 428, 433 432, 434 -- LCDR Kristen McCarthy 438, 444 442 -- CAPT John Sturges, III (RET) 453, 461 457, 463 462 LCDR Thomas P. Moninger 464 476 -- NCC Kimberly Lewis-Wiggan 478, 581 576, 582 -- Brian Duffy 632, 649 646 -- NCC Kimberly Lewis-Wiggan 650 656 -- Defense case-in-chief: LTJG Mark Wiggan 673,731,737,741 681,735,739,742 738, 741 CDR Larry D. Milner 744, 756 747 -- CAPT Michael H. Johnson 757 761 -- CAPT Jack S. Noel, II 765, 774 770 -- Steven H. Arnold 776, 785 781, 787 786 PS1 Cheston A. Lee 788, 790 789 -- T E S T I M O N Y [CONTINUED] Direct Cross Name of Witness Redirect Recross Court Prosecution case-in-rebuttal: SKC Stacy L. Zogaib 797, 802 801 -- CDR Matthew J. Masi 803, 808 806, 810 809 LCDR Thomas P. Moninger 811, 820 818, 820 -- Defense case-in-surrebuttal: [None] Prosecution case-in-sentencing: NCC Kimberly Lewis-Wiggan 964 -- -- Defense case-in-sentencing: CDR Larry D. Milner 974 979 -- E X H I B I T S Number/ Letter Description Offered Received PE 1 Printout (2 pages) of thumbnail images (52) recovered from LTJG Wiggan's computer 542 558 PE 2 52 8" x 11" color printouts of above thumbnail images 542 558 PE 3 Gov't cell phone records for LCDR Penland, (619) 921-5073, SEP 23 '06 to FEB 23 '07 382 383 PE 4 PE 3 sorted by phone number -- -- PE 5 Home phone records for LCDR Penland, (619) 271-7954, DEC '06 to MAR '07 390 391 PE 6 E-mail from "the other woman," 26 SEP '06, Subject: MAKING CONTACT 491 492 PE 7 E-mail from "the other woman," 28 SEP '06, Subject: Pics 496 496 PE 8 8" x 11" printouts of 2 attached PowerPoint files to the 28 SEP E-mail 498 498 PE 9 Screen shot printout of properties field for 2 photos referenced in PE 6, showing the author as "Syneeda Penland" 502 503 PE 10 E-mail from LCDR Penland to ENS Wiggan, 29 SEP '06, Subject: RE: LET'S SAY 510 511 PE 11 Word document attached to E-mail referenced in PE 10 512 512 E X H I B I T S [CONTINUED] Number/ Letter Description Offered Received PE 12 Screen shot printout of properties field for Word document referenced in PE 11, showing the author as "Syneeda Penland" 645 646 PE 13 E-mail from "the other woman," 23 DEC '06, Subject: TRUTH 524 524 PE 14 E-mail from "the other woman," 24 DEC '06, Subject: RE: TRUTH 527 527 PE 15 E-mail from "the other woman," 1 JAN '07, Subject: RE: TRUTH 531 531 PE 16 E-mail from Syneeda Penland, 5 JAN '07, Subject: Hang in there 533 534 PE 17 E-mail from LCDR Syneeda Penland, 23 FEB '07, Subject: PERSONAL BELONGINGS 474 475 PE 18 Sprint phone records for Syneeda Penland from 1 to 28 FEB '07 for (619) 862-1559 394 394 PE 19 E-mail from Dread to Syneeda Penland, 3 JAN '07, Subject: Re: 536 536 PE 20 Military protective order dated 9 JAN '07 440 440 PE 21 E-mail from wiggan@verizon.net, 16 DEC '06, Subject: FW: Hey 651 651 PE 22 Word document attached to E-mail in PE 21, "I wanted to send you a few words" 653 653 PE 23 Certification of marriage, dated 16 MAR '01 481 481 PE 24 Continued Sprint cell phone records for (757) 822-3579 634 635 PE 25 Continued Sprint cell phone records for (619) 862-1134 634 635 PE 26 Personal Data Sheet 982 982 DE A FITREPs, evaluations, LOR and diploma 982 983 AE I Motion for docketing -- AE II Grant of immunity and order to testify to LTJG Wiggan, USN, dated 1-14-08 24 AE III Deposition order to LTJG Wiggan, USN, 1-14-08 24 AE IV Letter 5813 Ser No. OJA/028, 17 JAN '08, Subject: Appt. as Deposition Officer ICO U.S. v. Penland, SC, USN 25 AE V Letter, 14 FEB '08, Excusal of detailed counsel, LT Head 32 AE VI Defense motion to dismiss, 4 APR '08, w/attachments, unlawful command influence and Article 32 improperly convened 42 AE VII Defense motion to suppress statements made by LCDR Penland to CAPT Sturges, with attachment PIO, 7 MAR '06 41 AE VIII Defense motion for appropriate relief, compel production of verbatim Article 32 transcript 42 E X H I B I T S [CONTINUED] Number/ Letter Description Received AE IX Defense motion to dismiss per R.C.M. 707, speedy trial requirements 42 AE X Defense motion to dismiss pursuant to R.C.M. 907 and 707, docketing invalid and speedy trial requirements, with E-mail attachments 42 AE XI Gov't response to AE VI, motion to dismiss based on unlawful command influence 42 AE XII Gov't response to AE VII, Defense motion to suppress 41 AE XIII Gov't response to AE VIII, Defense motion to compel production of Article 32 transcript 42 AE XIV Gov't response to AE IX, Defense motion to dismiss based on failure to comply with R.C.M. 707 42 AE XV Gov't response to AE X, Defense motion to dismiss based on invalid motion for docketing 42 AE XVI Notes from Military Judge's file IRG to 802 conference held on 7 NOV '07 177 AE XVII E-mail dated 4/18/08, MJ's ruling on motions to suppress; motion to dismiss pursuant to R.C.M. 707 speedy trial; unlawful command influence; and compel production of Article 32 transcript 178 AE XVIII E-mail dated 4/23/08, MJ's ruling on motion re Article 32 improperly convened 178 AE XIX Defense motion for continuance, 12 MAY '08 184 AE XX Gov't response to AE XIX, motion for continuance, with attachment, 13 MAY '08 184 AE XXI Grant of immunity and order to testify, U.S. v. Penland, 6 MAY '08 206 AE XXII Members' questionnaires (10) 242 AE XXIII Gov't response to Defense request for continuance from 5/18/08 215 AE XXIV Gov't response to MJ's questions about charges 227 AE XXV Defense response to motion to amend charges 216 AE XXVI Gov't supplemental response regarding changes to charge sheet 215 AE XXVII Gov't motion to amend charges 215 AE XXVIII Gov't request for judicial notice 216 AE XXIX Defense witness list 216 AE XXX Defense proposed voir dire 216 AE XXXI Government witness list 216 AE XXXII Government proposed voir dire 216 AE XXXIII Defense motion for continuance, 5/16/08 E-mail 215 AE XXXIV MJ's response to Gov't motion to amend charge sheet 255 AE XXXV Time line, opening statement Gov't demonstrative aid 257 AE XXXVI Cleansed charge sheet 256 AE XXXVII Gov't request for judicial notice 259 AE XXXVIII PSD document on LCDR Penland 377 AE XXXIX Question by member, CDR Kelsch 425 AE XL Question by member, CDR Tucker 425 E X H I B I T S [CONTINUED] Number/ Letter Description Received AE XLI Question by member, CDR Good 462 AE XLII Medical document on LCDR Penland 589 AE XLIII Mr. Duffy's notes 641 AE XLIV Question by member, CDR Galvez 737 AE XLV Question by member, CDR Good 737 AE XLVI Question by member, CDR Good 737 AE XLVII Question by member, CAPT Booker 740 AE XLVIII Question by member, CDR Grundy 786 AE XLIX Question by member, CDR Kelsch 786 AE L Instructions on proposed findings 825 AE LI Question by member, CAPT Booker 809 AE LII Findings worksheet 847 AE LIII Instructions on findings, first revision 833 AE LIV Instructions on findings, second revision 848 AE LV Instructions on findings, final draft 852 AE LVI Question by senior member, CAPT Gentile 906 AE LVII Question by member, CDR Grundy 932 AE LVIII Question from members (findings deliberations) 936 AE LIX Question from members (post-findings) 948 AE LX Question from members (post-findings) 948 AE LXI Sentencing worksheet 951 AE LXII First draft Sentencing Instructions 951 AE LXIII Second draft Sentencing Instructions 983 AE LXIV Final draft Sentencing Instructions 993 AE LXV Appellate and post-trial rights statement 1010 COPIES OF RECORD One copy of the record of trial furnished to the accused as per the attached certificate of receipt.
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