In the ongoing litigation concerning the debarment of a civilian investigator from MCRD San Diego, the plaintiff’s lawyers filed this reply on Thursday. Yesterday, the United States’ lawyers filed this motion to file a surreply, making this explosive allegation: “4. On October 27, 2010, the Command at MCRD San Diego learned that a civilian attempted entry into the Law Center (Building 12) under false pretenses, either at the behest of Plaintiff or her attorney, to observe the layout and security at Building 12. The attempted unauthorized entry was related to this case.”
The surreply begins: “On October 27, 2010, Plaintiff and her attorney attempted to deceitfully gain entry to MCRD San Diego’s Law Center. They blatantly violated the Acting Commanding General’s debarment order, which serves only to reinforce his decision. They have evidenced a complete lack of respect for the military regulations which mandate the security requirements of the MCRD Law Center and Recruit Depot as a USMC/DoD Installation.”
The surreply sets out this staetment of facts:
On October 27, 2010, Charles Williams, a civilian, attempted to gain entry into MCRD’s Law Center. (Ex. 1, Williams Stmt., ¶2.) He went there at the behest of Plaintiff’s attorney. (Id.) Plaintiff’s attorney asked Mr. Williams to observe the layout of the building and its new security procedures. (Id. ¶3.) Mr. Williams thought MCRD’s security procedures were tied to information necessary to this litigation. (Id. ¶2.) Mr. Williams had not been to the Law Center since the addition of the security window, metal detector and new security system for screening visitors. (Id.)
When Mr. Williams arrived at the Law Center, he did not answer truthfully to the Marine, LCPL Qureshi, at the counter. Per existing safety procedures, LCPL Qureshi asked Mr. Williams why he wanted access to the building. (Ex. 2, Qureshi Decl., p.1.) Mr. Williams said he was there to speak to Capt. Grey; when asked why he wanted to speak with him, Mr. Williams said he was a witness for Capt. Grey. (Id.) LCPL Qureshi, believing Mr. Williams, escorted him to Capt. Grey’s office. LCPL Qureshi escorted him because, per regulations, all non-Office of the Staff Judge Advocate (“OSJA”) personnel must be escorted to their destination. (Id.) While escorting him through the Law Building, LCPL Qureshi perceived Mr. Williams’ behavior as “odd” because of the way he was acting. (Id. p.2.) LCPL Qureshi’s assessment of Mr. Williams’ behavior was based on his experience serving as Ground Security Forces Marine. Per regulations, LCPL Qureshi did not depart until Capt. Grey told him to let the visitor in.
Later, Capt. Grey confirmed that Mr. Williams was not, in fact, a witness for him. (Ex. 3, email fr. Capt. Grey to Maj. Houtz, dated Oct. 28, 2010, 1327.) Capt. Grey knew the true nature of Mr. Williams’ visit to the Law Center. (Ex. 3.) He had received a telephone call from Plaintiff’s attorney, during which the attorney asked Capt. Grey to sign a statement describing the layout and security of the building. Capt. Grey declined to do so. (Id.) Thereafter, Mr. Williams called and left a message, stating he would meet with Capt. Grey the morning of October 27. Before his arrival, Capt. Grey left a message stating that Mr. Williams had to go through Major Keske. (Id.) Thus, when Mr. Williams appeared at Capt. Grey’s office, he escorted him to Major Keske’s office.
Mr. Williams told Major Keske he wanted a tour of the office. (Ex. 4, Keske Aff., p.1.) When asked why, he said he wanted to look at the building because Plaintiff was a friend and asked him to. (Id.) After Major Keske directly asked him whether he was at the base on official business, to which he said no, Major Keske escorted him off base. Major Keske is aware of a criminal investigation involving Plaintiff and knows of this lawsuit as well.
MCRD San Diego is not an open base. Rather, anyone attempting to gain entry to the base must supply proper identification upon demand. (Ex. 5, Depot Order P5400.29C, Ch. 4, §4001, p.4-3.) Visitors must have an official military sponsor prior to being allowed onboard; the general public is not authorized unless specifically authorized by the Commanding General. (Id. §4005.) Anyone who enters the base in violation of the regulations may be charged with trespassing. (Id. §4006.) A visitor whose actions are prejudicial to the good order and discipline of the Depot is considered undesirable and will not be permitted entry to the station. (Id. §4007.)
I’ll post more on these developments later this evening.