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The phone records show that she sent the exact same number of pictures to his phone number at 0030.


Ok, lets see if I've got his straight:

- W take photos on cell phone at 2230hrs, 27 MAR 10

- W sends __# of photos to OM at 0030hrs, 28 MAR 10

- W sends __# (same # as OM) of photos to you at 1000hrs, on 28 MAR 10

I'm assuming that a No-Contact order was not in effect when these photos were sent... but yes, this would be a huge starting point to prove an improper relationship between W and OM.

One of the first series of questions that I would have for your W would be:

1 - Do you know who's phone number this is? (OM)xxx-xxx-xxxx
2 - Do you know who's phone number this is? (Gurka)xxx-xxx-xxxx
3 - Did you send photos to(OM) phone number at ~0030hrs on 28 MAR 10?
4 - Did you send photos to (Gurka) phone number at ~1000hrs on 28 MAR 10?
5 - How many photos did you send to (OM) phone number?
6 - How many photos did you send to (Gurka) phone number?
7 - Do you wish to discuss what the photos were?

As I mentioned earlier, most people get in trouble for lying during the investigation. If you produce phone records, then the investigating officer will already know the answer to all of these questions. If your W lies about any of them, she's in big trouble.

Now, here's how I think YOU can help the investigating officer. State everything in a factual manner and leave out any emotion in your statement. If you know what the photos are, then describe them as best you can. If the photos aren't too revealing, you might want to consider including the photos as part of your sworn statement. Even if they are a bit revealing, you still might want to consider including them in your sworn statement...

The fact that the investigating officer has the phone records that show the OM's phone number and that he received photos from your W, it would be pretty easy to ask the question of "Do you wish to discuss what the photos were?"

Again, they can either tell the truth, or lie. If the investigating officer(s) have your sworn statement AND the photos, it will be pretty hard for OM or your W to lie their way out of it...

I think this is good news... If you have time, you might want to take a copy of your sworn statement to the JAG tomorrow and have them take a look at it.

Semper Fi,

RIF