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TC: Let the record further reflect that Mr. Hatch is present to testify as a witness for
the prosecution in the forthcoming Article 32 investigation and possible court-martial
in the case of United States versus Electrician’s Mate Third Class Very C. Pistol.
TC: Counsel representing the accused is requested to state any objection he has
pertaining to the taking of this deposition including the notice of the taking, time to
prepare, or formal defect in the proceedings. Are there any objections?
DC: There are such objections We would object to the time given to prepare and that
I was notified of this deposition at approximately 1530 hours, on 11 September 19CY.
While I have had an opportunity to question Mr. Hatch, I have not had an opportunity
to question any of the other individuals about whom--from whom statements have
been taken and involving Mr. Hatch. And I received this packet last night at
approximately 1800 hours; once again on 11 September 19CY. I would also object on
the form of the proceedings. And would also object to this proceeding being
implemented since other means are available of making Mr. Hatch available at the
Article 32 investigation and this is not being done for any practical matter or any
practical reason.
TC: Can you be more specific in the other means that you believe are available to
assure his presence?
DC: Yes, he could be detained here in country until the Article 32 investigation.
TC: Are you familiar with what authority the US has to do that?
DC: I am aware of no authority under which he’s– –I’ve been given no indication that
he is going to be deported by anyone in the form of any type of deportation letter or
intent from the Italians. He is presently in country under what auspices and what
authority I know not. But the government could also obtain the consent of the witness
to come back for the Article 32 investigation should that prove necessary and should
one be convened at any time. He has not indicated an aversion to coming back for an
Article 32 investigation in that it does not properly state out– –or set out the points to
be covered as required under paragraph 117(b), and we would also object to the person
who has been designated to take the deposition as being an involved party in the
deposition– – an adversary party, and a person who’s not neutral and detached who
should act as a person who has been designated to take the deposition.
TC: Do you have authority for that final one?
DC: Just paragraph 117.
TC: Okay, anything– –is that in paragraph 117, or is it only in the DA Pam?
DC: [No response.]
Figure 3-6-Sample format for oral deposition—Continued.
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