From: pag [pattigitre@patriciagitre.com]
To: 'Brian Howes'; 'John Mcleod'
Subject: FW: Howes. Brian
Here is the government’s response to my requests
From: McCormick, Glenn (USAAZ) [mailto:Glenn.McCormick@usdoj.gov]
Sent: Monday, January 28, 2008 9:34 AM
To: pag
Subject: RE: Howes. Brian
Pat:
1. I have been told that the children are being cared for by family members, a grandparent or grandparents as I recall. There is more to the childcare story but it is somewhat vague in my mind and I do not want to misstate it.
2. As you may be aware your client has been publishing everything he can get his hands on regarding this case in an effort to build some sort of underground or public support. We are simply not interested in your client “spinning” any further information about his case in a slanted or outright untruthful way. He should also be aware that through his internet antics he is building a wealth of data we can use to impeach him and possibly any defense you may put forth on his behalf. Among other reasons, in an effort to minimize the “drama” your client is trying to churn up I will not provide discovery until after he is arraigned pursuant to the Federal Rules of Criminal Procedure.
3. There is no proposed plea agreement at this time so there is no need to review discovery to ethically assess and recommend a plea agreement. My previous email regarding resolution of the case was simply an encouragement for your client and the co-defendant to move along the extradition and then enter a mutually acceptable plea agreement once extradited. In other words, extradition then plea, not a negotiated extradition-plea package. That was my response to your assertion of a desire to resolve the emotional stress the defendants are undoubtedly suffering. I will not resolve the case simply because of the emotional stress this case and its delays may be causing. I will only resolve it based upon a truthful, knowing and intelligent plea based upon a proper factual basis. As we both know that cannot happen until after you review the discovery, and as I have said discovery will not be forthcoming until after arraignment which cannot happen until after extradition.
4. It does not appear to me to be in the government’s interest to negotiate a swifter extradition by providing discovery and a proposed plea agreement when it appears that all delays have run their course and the order of extradition is eminent. As a point of negotiation strategy, we would in essence be providing almost everything in exchange for nothing.
5. I appreciate your diligent efforts on behalf of your client. I always enjoy working on cases with you because of your high degree of competence and your diligent approach to effectively representing your clients. I am confident that we will be able to either resolve this case by plea agreement or trial in an expeditious manner once your client appears before a District Judge here.
Glenn B. McCormick
Deputy Chief, OCDETF
Dist. of Arizona
(602)514-7669
From: pag [mailto:pattigitre@patriciagitre.com]
Sent: Monday, January 28, 2008 7:19 AM
To: McCormick, Glenn (USAAZ)
Cc: Nick.Green@dhs.gov; Pfister, Mary Beth (USANAC); 'Patricia A Gitre'
Subject: RE: Howes. Brian
What have you been told about the children? What is the proposed plea agreement?
In order for me to effectively and ethically review a proposed plea agreement, I need the discovery which I have requested? My client is willing to work on resolving this matter but I cannot advise him without knowing somewhat what the government has. At this point, I only have the indictment. Are you willing to provide me the discovery?
Please let me know.
Pat
From: McCormick, Glenn (USAAZ) [mailto:Glenn.McCormick@usdoj.gov]
Sent: Friday, January 25, 2008 9:10 AM
To: pag
Cc: Nick.Green@dhs.gov; Pfister, Mary Beth (USANAC)
Subject: RE: Howes. Brian
Pat,
I am continuing to make inquiries of interested parties regarding your proposal. However, at this point the answer is likely to be no. The issue regarding the children is contrary to what I have been told. I have no information retarding Shank’s well being. I am sure this must be very difficult for her. My suggestion is that if they want to get this resolved they should concede extradition and enter mutually acceptable contingent plea agreements here. Their antics in the UK have protracted this and ultimately may be responsible for her claimed deteriorating mental condition.
Glenn.
From: pag [mailto:pattigitre@patriciagitre.com]
Sent: Thursday, January 24, 2008 5:45 PM
To: McCormick, Glenn (USAAZ)
Cc: Pat
Subject: RE: Howes. Brian
My client is willing to be extradited if you will not extradite his wife. She is becoming very depressed and almost suicidal. They do not have anyone to take the 4 children. He is willing to come here and face the charges.
From: McCormick, Glenn (USAAZ) [mailto:Glenn.McCormick@usdoj.gov]
Sent: Thursday, January 24, 2008 5:18 PM
To: pag
Subject: RE: Howes. Brian
I am sorry Pat. It is my case now. I am currently having trouble keeping up with my active cases, due to all the turnover in the office, much less the cases like this one that are a bit off on the horizon still. What sort of resolution are you thinking of?
Glenn.
From: pag [mailto:pattigitre@patriciagitre.com]
Sent: Thursday, January 24, 2008 11:44 AM
To: McCormick, Glenn (USAAZ)
Cc: 'Patricia A Gitre'
Subject: Howes. Brian
Glenn:
I left you two messages regarding this case. If you are not handling this case, can you tell me who is and let him/her know that I would like to discuss the case. My client would like to talk about resolution before the extradition proceeding.
Thanks
Pat
No comments:
Post a Comment