, LISA MARIE; MSG; - KINGSTON , SCOTT ALAN; SSG; CLEARFIELDlibrary.stmarytx.edu/acadlib/edocs/AbuGhraib/Tag26.pdf · .:+3 PDlygrap:l request of SSG MCKENZIE, 21 May 03, ':+4. Polygraph
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DEPARTlvlENT OF THE ~\tlYth MILlT AR Y POLICE DETACHMENT (CID) (FWD)
THIRD IvTTUTARY POLICE GROUP (Cill), USACIDCCAMP BUCCA , UN1 QASR
APO , AE 09375CIRC-i\B 8 June 2003
MEvlORANDUM FOR SEE DlS TR1BUTI0N
SUBJECT: em REPORT OF INVESTIGATION - FINi'l.L(C) 0O31- 03-ClD519-62147-QJ, 5C 1 N/SXI/5Y2D2/SY2G
I. DATES/TIMES/LOCATIONS OF OCCURRENCES:I. 12 May 2003/1730 Zulu; Grid Coordinate QU 776 287 , In-Processing Holding Area, Enemy
Prisoner of War (EPW), Camp Bucca , Urn Qasr, Iraq, APO AE 09375
2. DATE/TIME REPORTED: 14 May 2003 , 0600 ZULU
3. INVESTIGATED BY: SA SHERRY GIARRUSSO , 5323 , SA JONATHAN T. RENAUD , 5569SA FELIX A. SANTIAGO , 6017 , SA MANORA IEM , 5914 , SA MICHAEL P. HESSLER, 6005 , SAKEITH A. ROSEW AREN, 6045
4. SUBJECT: 1. GIRMAN, LISA MARIE; MSG; - KINGSTON , P A; F;WHITE; HHC , 320 TH MILlT ARY POLICE BATT ALlON, CAMP BUCCA, UM QASR, IRAQ, APOAE 09375; CT (CRUELTY AND MALTREATMENT OF EPW)(AGGRAVATEDASSAULT)fCONSPIRACY)(DERELICTION OF DUTYJLCONDUCT UNBECOMING)
2. SHAFFER, PAUL BRIGHT III; SFC; TUNKHANNCK, PA; M;WHITE; HHC , 320TH MILITARY POLICE BATTAlION, CAMP BUCCA , UM QASR, IRAQ, APOAF 09375; (CRUELTY AND MALTREATMENT OF EPWJ(AGGR_A.. VATED\SSi\ULT)(CONSPIRA.CY) (DERELICTION OF DUTYJLCONDUCT UNBECOMING)
3. MCKENZIE, SCOTT ALAN; SSG; CLEARFIELD , PA; M;WHITE; EHC , 320TH MILITARY POLICE BATTALION , CAMP BUCCA, UM QASR, IRAQ, APOAE 09375; (CRUELTY AND MALTREATMENT OF EPW) (AGGRAVATED ASSAULT)
lCONSPIRACY)(DERELICTION OF DUTY)(CONDUCT UNBECOMING)
4. O'DELL, JOHN CHARLES; SSG; SCRANTON, FA; M;WHITE; HHC , 320TH MILlT ARY POLICE BATTALION , CAMP BUCCA, UM QASR, IRAQ, APOi\E 09375; (CRUELTY AND MALTREATMENT OF EPW)(AGGRAVATEDASSAUL TJ(CONSPIRACY) (DERELICTION OF DUTY)(CONDUCT UNBECOMING)
5. GREE~E, TINA LEE; SGT; HUNTINGTON, PA; F; WHITE;HHC , 320TH MILITARY POLICE BATTALION , CAMP BUCCA , UM QASR, IRAQ, APO AE
U9375; lCRUELTY AND MALTREATMENT OF EPW)(AGGRAVATEDASSAULTJl CONSPiRACYJ (DERELICTION OF DUTY)(CONDUCT UNBECOMING)
6. EDMONDSON , SHAWNA LOIS; SGT; ---; SCRANTON , FA; F;WHiTE; HHC , 320TH MILITARY POLICE BATTALION CAM~ QASR IRA. Q, APOAE 09375; LCRUELTY AND MALTREATMENT OF EPW)(AGGRAVATEDASSAULTHCONSPIRACY) LDERELICTION OF DUTY)(CONDUCT UNBECOMING)
7 BOBER, BENEDICT CHRISTOPHER; SPC; NEW YORK , NY;\1; WHITE , HlIC , 320TH MILITARY POLICE BATTALTO"N , CAMP BUCCA , UM QASR, IRAQ.APc) AE 09375; (CRUELTY AND MALTREATMENT OF EPW1(AGGRAVATED\SSAULT)(CONSPIRI\CY) (DERELICTION OF DUTY)(CONDUCT UNBECOMING)
8. ACE, ROBERT CARL; SPC; SCRANTON , P A; M; WHITE;HHC , 320TH MILITARY POLICE BATTALION , CAMP BUCCA , UM QASR , IRAQ, APO AE09375; LCRUELTY AND MALTREATMENT OF EPW) (AGGRA V ATEDASSAULTJ(CONSPIRACY)(DERELICTION OF DUTYJ(CONDUCT UNBECOMING)
9. CANJAR, TIMOTHY FRANK; SPC; ; SCRANTON, FA; M;WHITE; HRC , 320 TH MILITARY POLICE BATTALION, CAMP BUCCA , UM QASR, IRAQ, APOAE 09375; LCRUELTY AND MALTREATMENT OF EPWJ(AGGRAVATEDASSAULTJ (ASSAULTJ (CONSPIRACY) (DERELICTION OF DUTY)lCONDUCTUNBECOMING)
10. WARNER, JASON PHILIP; SPC; STROUDSBURG, FA; M;WHITE; HHC , 320TH MILITARY POLICE BATTALION, CA.\1P BUCCA , UM QASR , IRAQ, APOAE 09375; (CRUELTY AND MALTREATMENT OF EPWJ(AGGRA V ATEDAS SAULT) (CONSPIRACYJ (DERELICTION OF DUTY) (CONDUCT UNBECOMINGJ
5. VICTIM: 1. --~SPC;- WHTTE: nWD MP ('-0: CAMP BlIr.r.A. TJM OASR mAn APO AF. ncn7'i' r A,C;,C;ATTTTl
, ~ ~ ~ -- , . " --- --- ---'-'-
'L---------
2.
--
CIV-EPW; ISN US9IZ- IO9288;BAGHDAD , IRAQ; M; OTHER; (CRUELTY AND MALTREATMENT)(AGGRAVATEDASSA UI ~T)( CONSPIRACY)
3. A CIV-EPW; ISNUS9IZ-I09304;-BABEL , IRAQ; M; OTHER; (CRUELTY AND MALTREATMENT) ( AGGRAVATEDASSA UL Tl( CONSPIR,:\CY)
4. A ~, CIV-EPW; ISN US9IZ-300l20;BASRAH, JRAQ; M; OTHER; (CRUELTY ANDtv! ALTREA TMENTJ(AGGRA V ATED ASSAULTJ(CONSPIRACY)
5. A- ; CIV-EPW; ISN US9IZ- IO9310;IRAQ; M; OTHER; . (CRUELTY ANDMAL TREA TMENT1(AGGRA V ATED ASSAULTJ(CONSPJRACY)
BABLE
~ h. . ; CIV-EPW; ISNlJSIZ- 109317;BABEL, IRAQ; M; OTHER; LCRUELTY AND MALTREATMENT)(AGGRAVATEDASSA.t lLTJ iTONSPIRACY)
c 7 ; ~- CIV-EPW; ISN US9IZ- 109324;KARBALA , IRAQ; M; OTHER; (CRUELTY AND MALTREATMENT)(AGGRAVATEDASSAULTj\CONSPIRA.CY)
f~_~CIV-EPW;ISNUS9IZ-I09308;-t3AGHDAD. IRAQ; M; OTHER; (CRUELTY AND MALTREATMENT)(AGGKi\VATEDL\SSAIILTJI CONSPIRACY J
.. US. COVERNMENT LDERELICTION OF DUTY)
INVESTIGATIVE SUMMARY:
This is an "Operation Iraqi Freedom" investigation. The delay in dispatching this report was due to
the lack of secure communications capabilities for Cill at Camp Bucca, Urn Qasr, Iraq.
This investigation estab1ished probable cause to believe MSG GIRMAN , SSG MCKENZIESGT EDMONDSON, SPC CANlER
and committed the offenses of, Aggravated Assault , Conspiracy, Cruelty and
Maltreatment ofEPW , Dereliction of Duty and False Swearing when they physically and verballyassaulted EPW s under their charge during in-processing into the Theater Internment Facility (TIF).
STATUTES:
ARTICLE 128 , UCMJ: AGGRAVATED ASSAULTARTICLE 81 , UCMJ: CONSPIRACYARTICLE 93 , UCMJ: CRUELTY AND MALETREATMENT!LTUIC'LE 92 , TJCMJ: DE LICTION OF DUTYARTICLE 134 , UCMJ: FALSE SWEARINGARTICLE J 34 , OCMJ: CONDUCT UNBECOMmG
EXHIBITS/SUBST ANTrA TION:
Attached:
1. Agent s Investigation Report (AIR) of SA GIARRUSSO , 16 May 03 , detailing: the initialnotification by with COL Alan ECKE of maltreatment ofEPWs; Coordination with MAJ SPENCERCOL SABATINO , MAJ GARRlETY and 1LT FORD; and the interviews of SSG STALLARD , SPCTA YLOR and SOT EDMONDSON.
2. AR 15-6 Investigation , 14 May 03.
3. Sworn Statement of SSG STALLARD, JR. 14 May 03
4. SwomStatementofSPCTAYLOR , 14May03.
5. Noll-Rights Waiver of SGT EDMONDSOM , 14 May 03.
6 AIR urSA RENAUD , 14 May 03.
7. AIR of SA HESSLER , 16 May 03 , documenting the interviews ofSGT CHANEY , SPCWARNER , SSG NASH , SSG BR.L\GG , SPC BARRIOS , SPC REED , MR AL- SHATTTI and LTCDINA WA Y.
S. Sworn Stltement ofSGT CHANEY , \4 May 03.
9 Waiver Certificate and Sworn Statement ofSPC WARNER, 15 May, 03.
10. Sworn Staternent of SSG BRAGG , 15 May 03.
11. Sworn Statement of SPC REED , 16 May 03.
12. Waiver Certificate and Sworn Statement of_- 16 May 03.
13. AIR of SA ROSEW AREN, 16 May 03 , detailing interviews ofSPC CANJARand-14. Waiver Certificate and Sworn Statement ofSPC CANJAR, 15 May 03.
15. Waiver Certificate and Sworn Statement of_- 15 May 03.
16. Non-Walver Certificate of. , 16 May 03.
17 A TR nf SA RFNA 1m 11'; M:JV
- ---- ---'--
J ---
18. Rights 'Naiver and Sworn Statement ofMSG GIRMAN , 16 May 03.
19. AIR of SA IEM , 16 May 03 , detailing interviews of. SPC CANJAR and SSGMCKENZIE.
20. Waiver Certificate and Sworn Statement of- 15 May 03.
21. Sworn Statement of SPC CANJAR , 15 May 03.
22. Waiver Certificate and Sworn Statement of SSG MCKENZIE, 16 May 03.
23 Am of SA ROSEW AREN of Crime Scene Examination , 16 May 03.
24. Crime Scene Sketch of SA 1EM , 16 May 03.
25. AIR of SA SANTIAGO , 16 May 03 , documenting the interviews ofMR MR"0- and.-26. Waiver CeI1ificate and Sworn Statement of." 15 May 03.
27. Waiver Certificate and Sworn Statement of. 16 May 03.
28. AIR of1nvestigator James CARSTEN detailing interviews ofMr F- Mr vir Z and J'\/Ir E- 14 ~hy 03
:")
. AIR of SA rEM , 14 May 03 , detailing fe- interviews ofSGT NILSSON and.30. Sworn Statement ofSGT NILSSON , 14 May 03.
31. Sworn Statement of. 14 May 03.
32. AIR of SA SANTIAGO detailing interviews of CPT SEMIDEI , photographs of injuries to Enemyof Prisoners of War (EPW) and coordination to obtain rnedical records ofEPW' , 27 May 03.
33. Computer Disk containing irnages of injuries sustained by victims, 003103519.62147 (file, SJAUSACRC copies only).
34. Medical Records of injured EPW' , 27 May 03.
35. AIR of SA IEM , 19 May 03 detailing the interview ofrnembers of the 744\h MP BN, CWTI.
36. Camp Whitford Release List , 12 May 03.
37. AIR of SA GIARRUSSO, 21 May 03 , detailing the re-interviews ofMSG GIRMAN and SSGM CK FN7TF Iw SA T.FVFSm IF
~ ~ .....-_.
38. Non-Waiver Certificate ofMSG GIRMAN , 21 May 03.
39. Non-Waiver Certificate of SSG MCKENZIE, 21 May 03.
40. AIR of SA ROSEW AREN , 23 May 03 , detailing a briefing with Staff Judge Advocate LTC JamesHARE.
Not Attached:
On file atUSACRC, Polygraph Division:
41. Polygraph request ofMSG GIRMAN , 21 May 03.
-1.2. Polygraph approval ofMSG GIRMAN, 21 May 03.
.:+3 PDlygrap:l request of SSG MCKENZIE , 21 May 03,
':+4. Polygraph approval of SSG MCKENZIE , 21 May 03.
The DnglllJ.s of Exhibits 1- 10, 19, 23- 28- 37 and 40 are forwarded with aUSACRC copy of this report. The originals of Exhibits 5 14- 20- 26 and 27 , 33acd 39 JTC retained in the original case file pending adjudication of this investigation. The originals ofCXhlblt 36 15 l112.intained in the files of the 80001
NIP BDE , Camp Arifjan , Kuwait, APO AE 09366.
ST A TI ; S I his is a Final (C) Report. This investigation was temlinated IA W paragraph 4- 17 a( 4),
ClDR 195- 1. The suppOlied staff judge advocate is of the opinion that sut1lcient admissIble evidenceIS available to prosecute the subject(s) for the offense(s), that additional investigation would produceonly cumulative and unneeded evidence , and that the identification of additional subjects or offenses isunlikely-
Leads Remaining: Locate possible additional witnesses and interview.
REPORT PREPARED BY: REPORT APPROVED BY:
G~USSO
Special Agent in Charge
DISTRIBUTION:
1 - (original) Director, u.S. Anny Crime Records Center, ATTN: CICR- , 6010 6th St , FortBelvoir , V A 22060
1 - TlIRU: CDR, 800th Military Police Brigade (ATTN: COL ECKE), Carnp Bucca, APO AE 09367
TO: Action Commander, 800 th MP BDE (ATTN: BG HILL) Camp Bucca, Urn Qasr, Iraq.
1- 800th MP BDE , SJA (ATTN: LTC O' HARE), Camp Arifjan , Kuwait, APO AE 09366.
1 - COR , 3rd MP GRP , (FWD) (ATTN: Operations Officer), APO, AE 09366 (e-mail only/less. exhibits)
1 - CDR, 1010 MP BN (Cll) (FWD) (ATTN: Operations Officer), APO , AE 09304 , (e-mail onlyl1essexhibits)
1 - 800 h Milit::ny Police Brigade (ATTN: MAJ GARBRINO), Camp Bucca, APO , AE 09375 (e-mailonly/Jess exhibits)
1 - File
0 Report
c~ ~.EV for
. .
Chronological Record of Events for Article 32 Investigation
200317 July:
18 July:
, 19 July:
21 July:
. 22 July:
. 23 July:
24 July:
27 July:
Received appointment letter, Cill investigation packet, and charge sheets ITomMAJ Phil Lenski , attorney for the prosecution
Sent e-mail notification to trial counsel suggesting 28 July as hearing date
Sent e-mail to MAl Lenski to draft an official notification letter for accused
Sent e-mail to 530th MP Battalion notifying them of tentative hearing date andrequesting coordination of facilities at Camp Bucca, IZ
mail notification re-sent to Casulli , Ausprung, and Lenski
E-mail notification fe-sent to Ausprung
Received e-mail ITom CPT Ausprung, on behalf of other defense coWlselrequesting delay until 5 September; reply asking fOf each counsel' s calendar
through 5 September
Remaining counsels respond with trail calendars through 5 September
Forward defense counsels calendars to MAJ Lenski, asking for input for analternate date
MAl Lenski replies back suggesting 25 August as hearing date
Investigating Officer selects 27 August for hearing, allowing 2 days travel and 2days consultation for defense
Notification letters for accused prepared and handed to MAl Christopher WilsonExecutive Officer, 530th MP Battalion, for delivery to accused
E-mails sent to defense counsels with notification letters attached for theirrespective clients
E-mail attachment received from CPT Larcomb , requesting hearing delay until 27August
E-mail attachment received from CPT Ausprung, requesting hearing delay until27 August
Sent memorandum to Commander, SOOth MP Brigade, advising on status ofArticle 32 investigation
E-mail attachment received from CPT Fitzgibbons , requesting hearing delay until27 August
28 July:
31 July
4 August:
5 August:
6 August:
7 August:
8 August:
9 August:
E-mail received from MAl Casulli, requesting hearing delay until 27 August
Sent request for hearing extension date to Commander, 800th MP Brigade
MAl Lyons, legal advisor, receives Article 32 acknowledgement from SSGMcKenzie
Forwarded request to Commander, 800th MP Brigade, for assignment of PublicAffairs Officer to the Article 32 Investigation
Receive notice :trom MAl Lenski that two of the defense counsels, MAl Casulliand CPT Ausprung, have requested change of venue :trom Camp Bucca to CampArifjan, due to their perceived inability to adjust to the area s climate in time forthe trial.
Request report from. MAl Wilson on progress with arrangements at Bucca; heresponds that tents are available, but that air conditioning and power are criticalissues that he is having problems with and that humidity is affecting all aspects oflife there.
Send e-mail to MAJ Lenski asking for input based on MAJ Wilson s report
Spoke with CW2 Pinkerton of 724th MP Battalion regarding KBR force provider
package for Bucca. Communicate with MAl Wilson to ask KBR for timeline.Package does not look as if it will support needs for hearing. 171 st ASG unable to
support requirements , either.
Spoke with 226th ASG representatives. They indicate that if hearing needs to
move in part to Arifjan, they can support it with Warehouse #7. Also speak withKBR representatives on ability to provide temporary power generation and ACunits for hearing at Bucca. They are checking to see if they can support therequirements.
Received e-mail from MAl Lenski I'egarding expression of concern from MAlCasuni and CPT AUSpfWlg about conditions at Bucca. Both have asked thathearing be bifurcated with any necessary interviews taking place at Camp Buccaand remainder of hearing in Kuwait.
Spoke with MAJ Casulli on telephone regarding conditions at Bucca. Sheexpresses her concern about holding hearing there, due to weather conditions. Iexplained that we were working to try and make conditions there more conduciveto the hearing, but that if we couldn' t accomplish it, we would look at holding thehearing at, or at least a portion of it, at Camp Arifjan, KU
On or about 8 August, spoke with LTC Davis, S-3, 226th ASG, regardingavailability of space for hearing and rooms at Arifjan. He said he believed hecould accomplish it and be able to house both the hearing and sleep facilities inWarehouse #7 , if necessary.
Sent out e-mail to all parties asking for resolution on ' issues concerning receiptacknowledgements of hearing from Ginnan, Edmundson, and Canjar; late witnessand evidence lists from defense counsels; P AO/recorder/interpreter support from800t KBR suppoI!t at Camp Bucca.
10 August:
11 August:
12 August:
14 August:
15 August:
16 August:
MAl Lenski replies to query and has been in court 6-7 August. Said he plans onvisiting Camp Bucca 12-14 August to check on site preparation and issues withAO/interpreter/recorder support.
MAl Lyons sends e-mail informing me that a Mr. John Taylor, ACO, can
authorize tents at Camp Bucca.
Receive Article 32 Witness and Discovery Request from CPT Fitzgibbons onbehalf of her client, SSG McKenzie
In a series of e-mails with MAl Christopher Wilson, he informs me that there is
of yet, no word or progress from KBR other than beginning the force providerpackage for the camp as a whole.
Receive Article 32 Witness and Discovery Request from CPT Ausprung on behalfof her client, MSG Ginnan.
Make contact with John Taylor, ACO, who expresses cooperation to help withsite mangements at Camp Bucca.
Sent message to MAl Wilson at Camp Bucca on general layout of the hearingarea and requirements for the housing oithe participants.
Mr. Taylor forwards Letter of Tethnical Direction to Mr. James Poljanecauthorizing erection of four tents and climate control VIA ECU' s and powergeneration at Camp Bucca in support of Article 32 hearing.
Forwarded Article 32 Witness and Discovery Requests to MAl Lenski.
Receive report from MAl Lenski on his trip to Camp Bucca 12- 14 August.
Received message from CPT Larcomb that he has not yet determined his witnesslist. Also advised that he would have SGT Edmondson respond bye-mailacknowledging Art 32 proceedings
Received message from SGT Edmondson that she wishes representation at therArticle 32 hearing from CPT Larconib; forwarded to MAl Lenski; responded toCPT Larcomb and advised to forward witness/discovery list as soon as possible
MAl Lenski confinns reporter for hearing; advises that he is checking on P support
Send e-mail advising all counsel that Article 32 proceedings will be held at CampBucca, in total. Also advised that EPWs would be heard in one block. Spokebriefly to P AO and media coverage. Advised counsel that we would hold meetingon Tuesday, 26 Aug, at 0900, at Camp Bucca, to discuss issues before the hearingcommences
17 August:
18 August:
19 August:
20 August:
23 August:
25 August:
26 August:
MAJ Casulli advises that her client (CANJAR) is aware of Art 32 proceedingsand also that her witness list will be similar to CPT Ausprung.
Sent offIcial notice to MAl Lenski that I am officially ordering witnesses andevidence previously requested by CPTs Ausprung and Fitzgibbons to be presentat hearing; requests had been forwarded to him on 14 August
Send message to all counsel asking for input about having EPWs testify last in theproceedings, to allow mission essential personnel to go first and return to theirunits as quickly as possible
Received replies from MAl Lenski , CPT Larcomb , and MAl Casulli that they hadno objections to EPWs testifying last; MAJ CasuUi stated that she might need tofe-call witnesses based on EPW testimony
Forwarded CPT Larcomb' s witness and discovery request to MAJ Lenski (requestwas sent late on 18 August).
Asked MAJ Lenski for review of requested evidence for classified matei-ial, incase brigade commander wishes to issue a protective order.
MAJ Lenski replies that to-date he has not been able to determine whetherevidence material contains classified information, but is waiting on MAl Garrityof 800th MP Bde to supply requested information.
Received several communications regarding media presence at hearing and onCamp Bucca. Expressed my wish that media .be limited to 2-3 representatives in:he hearing tent due to its limited size. Also, that during presentation of testimonyand evidence from EPW s , or when classified information is presented, that the
tent will be cleared of aU media.
Witness and discovery list received from MAY CasuUi. Forwarded to MAlLenski with order to produce witnesses and material.
Legal Advisor and 1 depart for Camp Bucca, lZ. Arrive approx. 1100 Hrs. NotifYall counsel of meeting on Tuesday at 0900 Hrs to discuss trial procedure. Defensecounsel and accused arrive with government counsels.
Meet with all trial counsels and discuss trial procedures and witness list.Government informs that all several US witnesses are on leave or have beenrotated out of theater. Requests further time to identify, with MAJ Garrity, thoseEPW witnesses that will be available. Decide to meet again at 1500 to go overEPW witness list. Additionally,
Defense requests verbatim transcript of proceedings and I approve, due toquestionable presence of EPWs at a later time and potential of availabilityof US witnessesLegal advise will be with all counsel present and re-stated for the recordWill request that appointing authority transmit copies of report to counsel
At 1500 meeting, it has been detennined that all EPW witnesses requested by thegovenunent and eight EPW witnesses requested by the defense are available , withpotentially four more EPWs available, as well.
27 August:
28 August:
29 August:
30 August:
Hearing opened at 0800 Hrs, on schedule. All accused, defense counsels, andgovernment counsels are present. Government presents six witnesses (StallardNillson, Taylor, Chaney, Rider, and Levan). Defense presents three witnesses(Sigel , Tempinski, and Gibson). Hearing recessed at 1900 Brs, at defense requestto review witnesses from 320th MP Battalion and 314th MP Company.
Hearing re-opened at 0800 lIrs. Government presents one witness (Bragg).Defense presents three witnesses (Nash, Barrios, and Reed). Hearing stops atapproximately 1030 Hrs , at defense request, in order for them to prepare for crnspecial agent and EPW testimony.
Approx. 1900 Hrs, defense counsels request an additional delay until 1300 Hrs,29 August, in order to further examine EPW testimony and also due to delay inseeing EPW witnesses that afternoon.
Hearing re-opens at 1300 Hrs. Defense presents SPC Homes; governmentpresents EPW
..-
1:'8R- ~overnment re-presents Rider, presents Special Agents Renaud, Iem, Rosewarren,. Defense presents cm Special AgentSantiago. Government presents Garrity. Hearing is recessed from Camp Bucca toCamp Doha, KU, for three witnesses returning from leave (J. Warner, L. Warnerand Tanselle) and for government to pursue contact with witnesses rotated out oftheater (SaAs Hessler and Giarusso, Interpreter AI-Shatti MP InvestigatorCarsten, CPT Semidei, MD, and LTC Dinaway, MD.
All parties move to Kuwait, pending notification of arrival of three witnessesreturning from leave. Recognition of LTC Novotny, MAl Wilson, and Mr.S" (KBR) for arrangements at Camp Bucca.
I September: At Camp Doha, heard testimony of SPC Leslie Warner and SPC Jason Warnerboth just returning ftom leave. Also made contact with SA Michael Hessler bytelephone and heard his testimony.
2 September: Heard testimony of SPC Emily Tanselle at Camp Doha. Government requestsadditional charges of adultery and obstruction of justice against SGT Edmondson.Decision made not to allow additional charges due to late request. Hearing closed,Government advises that verbatim transcript win take 3-4 weeks to produce.
7 Septernber: Government requests Ie-consideration of earlier decision not to allow additionalcharges against SGT Edmondson. CPT Larcomb , counsel for SGT Edmondsonunable to immediately respond due to trial in the US.
13 September: CPT Larcomb responds to government request.
. 17 September: MAl Lyons advises 10 on government request and defense position.
18 September: Responded to request affmning earlier decision not to allow charges.
22 September: Receive two copies verbatim transcript from CFLCC OSJA.
23 September: Article 32 investigation report forwarded to BG Karpinski.
INVESTIGATING OFFICER' S REPORT
(Of Charges Under Article 32. VCMJ and R. C. M. 405. Manual for Courts-Martial)
la. FROM: (Name of Investigating Officer b. GRADE c. ORGANIZATION d. DA TE OF REPORT,to ~irs( . Ml) 220TH MILITARY POLICE BRIGADE
RY, CHRIS R S/LTCAPO AE 09366
2a. TO: (Name of Officer who directed the b. TITlE C. ORGANIZATION
investigation Last . First , Ml) BRIGADE COMMANDER 800TH MILITARY POLICE BRIGADE
KARPINSKI, JANIS L.APO AE 09366
; 3a. NAME OF ACCUSED (LaSI . First, MJ) b. GRADE c. SSN d. ORGANIZATION e OA TE OF CHARGES
320TH MILITARY POLICE BN
I EDMON~SON, SHA WNA L.
--- --- - -
(Check appropriaJe answer) YES
IN ACCORDANCE WITH ARTICLE 32, UCMJ. AND R.C.M. 405, MANUAL FOR COURTS.MARTIAL,
I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhibit 1)
THE ACCUSED WAS REPRESENTED BY COUNSEL (If not. see 9 below)
COUNSEl WHO REPRESet-IrED THE ACCUSED WAS OUlIlIFtED UNDER R. t.!. 405Id)(2). 5021dl
la. NAME OF DEFENSE COUNSEL (Lasl, First, MI) b, GRADE S8. NAME OF ASSISTANT DEFENSE COUNSEl (ff any) b. GRADE
LARCOMB , JONATHAN M. 3/CPTC. ORGANIZATION (If appropriate) c. ORGANIZATION (If appropriale)
US ARMY TRIAL DEFENSE SERVICEREGION. VIII , SCWEINFURT BRANCH OFFICEd. ADDRESS (If appropriate) d. ADDRESS (If appropriare)APO AE 09226
9. (To be signed lry accused if accused waives counsel. If accused does Me sign, investigating officer will explain in delail in Item 21.)
a. PLACE b. DATE
I HA VE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEl INCLUDlNG MY RIGHT TO
CIVIliAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAilABLE. I WAIVE MY RIGHTTD COUNSEL IN THIS INVESTI-
GATION.
c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (O1eck appropriaJe answer) YES
THE CHARGEIS! UNDER INVESTIGATION
THE IDENTITY OF THE ACCUSER
"---.---
THE RIGHT AGAINST SELF. INCRIMINATION UNDER ARTIGLE 31
THE PURPOSE OF THE INVESTIGATION
-----
THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING Of EVIDENCE
THE Wn NESSES II.ND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT
THE RIGHT TO CROSS. EXAMINE WITNESSES
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED
THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION. OR MITIGATION
THE RIGHT TO MAKE A SWORN DR UNSWORN STATEMENT, DRALL Y OR IN WRITING
11a. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENT A nON OF EVIDENCE (If rhe accusedor counsel were absenl during any pan of the preserJ/alion of evidence . complere b below.)
----
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
NOTE: If additional space is requi,od tor a.y itom, ~ntel the additional mamriel i. Ilam 2\ or 0'. ..p.'.'" sh.ot. Id..tily such maloriol with tho proper numerico'.nd, if 8ppropri,'e, lettJ!red heading
(Example ) S8curely at\llch ony oddibonal sheelB to the form end odd. note In 0.. 8pproprilte Item of 111, form: "Sea Idlition.lsh.et.
DO FORM 457, AUG 84 EDITION OF OCT 691S OBSOLETE. US~PPC
La. THE FOLLOWING WITNESSES TESTIFIED UNDER OA TH: (Check appropriate answer)
NAME (Las/ , Firs/ . Mf) GRADE (If any) ORGANIZATIONIADDRESS (Whichever is appropriate) YES
STALLARD , STEPHEN R. 6/SSG 223rd MP COMPANY
SSON , KENNETH C. 5/SGT 223rd MP COMPANY
~.~ ~ - -~ --- ~-
fA YLOR . BRIAN J. EAISPC 223rd MP COMPANY
CHANEY. MARK A. 5/SGT 223rd MP COMPANY
RIDER . DIANA 4/SPC 32Oth MP BATT ALlON
--~
LEVAN , CHRISTOPHER 4/SPC 32Oth MP BATTALION
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATIACHED.
13,. THE FOLLOWING STA TEMENTS, DOCUMENTS. OR MATTERS WERE CONSIOERED; THE ACCUSED WAS PERMITTED TO
EXAMINE EACH.
DESCRIPTION OF ITEM LOCATION DF ORIGINAL (If not attached)
#1: SWORN STATEMENT , SOT K. NILSSON OSJA, CPLCC, Camp Doha , KUDTD 14 MAY 03
#2: AIR . SA MANORA !EM , 14 MAY 03 aSiA, CFLCC , Camp Doha , KU
#3: SWORN STATEMENT , SPC B. TAYLOROSJA, CPLCC, Camp Doha , KUDTD 14 MA Y 03
#4: SWORN STATEMENT , SOT M. CHANEYaSiA, CPLCC, Camp Doha , KUDTD 14 MAY 03
#5: SWORN STATEMENT , SPCC. LEVAN OSJA , CPLCC , Camp Doha , KU
#6: EPW MANIFEST , 744th MP BATTALIONaSIA, CFLCC, Camp Doha , KUT"\TD 12 MAY 03
IICH ITEM CONSIDERED, OR A COpy OR RECITAL OF THE SUBSTANCE OR NATURE THEREDF. IS ATTACHEO
THERE liRE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE DFFENSEIS)
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R. c.M. 909, 9I6(k).)
15. THE DEfENSE 010 REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yer, specify in Item 21 below.
16 ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL
17. THE CHARGES ANO SPECIFICATIONS ARE IN PROPER FORM
1 B. REASONABLE GROUNDS EXIST TO BEUEVE THAT THE ACCUSED COMMITIEO THE DFFENSE/SI ALLEGED
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.
(See R. C M. 405(d)(l)
20 I RECOMMEND:
a. TRIAL BY 1=:1 SUMMARY SPECIAL D;j GENERAL COURT. MARTIAL
D1HER (Specify ill Item 21 below)
21. REMARKS (illcludl'. l15 Ilecessary, explanarioll for any delays in the in ves/igation and erplanationfor any answers above.)
SEE ATTACHED CONTINUATION SHEET
"?, TYPED NAME or INVESTIGATING OffiCER b. GRADE c. ORGANIZATION
220th MILITARY POLICE BRIOADErlRIS R. GENTRY
f-7 0-5/L TC APO AE 09366
siGiWURf-Of INVESTIGATING CFFIC
YV
~ -,
,f /hA~ -K:.Ie. OIlTE
USAPPC V
CONTINUATION SHEET , DD FORM 457 , INVESTIGATING OFFICER' S REPORT
Item 12a, Witnesses
SEGAL, SEAN 4/SPC 744tl1 MP BATTALION YES
TEMPINSKI, KURT E- 7/SFC 744tl1 MP BATTALION YES
GIBSON, BRIAN 5/SGT 7441h MO BATTALION YES
BRAGG, DONALD 6/SSG 314111 MP COMPANY YES
REED , G~ANT 4/SPC 314th MP COMPANY YES
. BARRIOS , CHRISTOPHER 4/SPC 314th MP COMPANY YES
HOMES, KEVIN 4/SPC 314th MP COMPANY YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
~..
_EPW CAMP BUCCA, IZ YESD_~ EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES~c.-EPW CAMP BUCCA, IZ YES
RENAUD , JONATHAN T. crn, CAMP BUCCA, IZ YES
ROSEW ARREN, KEITH A. CID, CAMP BUCCA, IZ YES
SANTIAGO, FELIX CID, CAMP BUCCA, IZ YES
, IEM, MANORA CID, CAMP BUCCA, IZ YES
GARRITY , STACEY 4/MAJ 800th MP BRIGADE YES
WARNER, LAUREN 4/SPC 320th MP BATTALION YES
WARNER, JASON 4/SPC 320th MP BATTALION YES
TANSELLE , EMILY E-4/SPC 223rd MP COMPANY YES
By Telephonic Interview:
HESSLER. MICHAEL YES
Item 13a, Witnesses
CONTINUATION SHEET, DO FORM 457 , INVESTIGATING OFFICER' S REPORT
#7: SWORN STATEMENT, SSGD. BRAGG
DTD IS MAY 03
#8: SWORN STATEMENT, MSG L. GIRMAN
DID 16MAY03
#9: AIR, SA JONATHAN RENUAD
DTD 14 MAY 03
#10: SWORN STATEMENT, SPCT. CANJAR
DTD 15 MAY 03
#11: SWORN STATEMENT, SSG K. McKENZIE
DTD 16 MAY 03
#12: SECOND SWORN STATEMENT , SPC T. CANJAR
DTD 15 MAY 03
aSIA , CFLCC , CAMP DOHA, KU
aSIA, CFLCC , CAMP DOHA, KU
aSIA , CFLCC, CAMP DOHA, KU
aSIA, CFLCC , CAMP DOHA, KU
aSIA, CFLCC, CAMP DOHA, KU
aSIA , CFLCC, CAMP DOHA, KU
YES
YES
YES
YES
YES
YES
CONTINUA TION SHEET, DD FORM 457 , INVESTIGATING OFFICER' S REPORT
SGT Shawna L. Edmondson
Item 21 , Remarks
1. Twelve pieces of evidence were submitted during the hearing. The evidence presented
and examined consisted of sworn statements or Agent's Investigation Reports taken or
written by CID Special Agents. A manifest from the 744th Military Police Battalion,
dated 12 May 03, was also submitted during the hearing. In some cases, witnesses
referred to their statements or reports to re-fresh their recollection of events under
question. Thirty-one separate witnesses were heard, The witnesses were credible
although defense counsels attempted to refute the testimony of certain witnesses and
highlight that previous testimony or statements were contradictory to the recorded
testimony during this hearing. Based on the testimony of the witnesses and the evidence
presented, I am able to make a recommendation with regard to further action involving
the accused soldier.
2. With regard to SGT Edmondson, I make the following recommendations to the charges
and specifications alleged against him:
a. Charge 1: Violation of Article 92, Dereliction of Duty: I find that a preponderance
of the evidence exists to validate the specification alleged against her. Clearly,
SGT Edmondson had certain duties that night to safeguard EPWs, she knew of
these duties by virtue of her position, grade, and previous experience, and that
according to the testimony of SGT Taylor, SPC Levan, SPC Taylor, and SPC
Rider, she was willfully derelict in the perfonnance of those duties.
b. Charge IT: Violation of Article 93, Cruelty and Maltreatment: I find that a
preponderance of the evidence exists to validate the specification alleged against
her. The testimony of SGT Taylor, SPC Levan, SPC Taylor, and SPC Rider
indicate that her actions were cruel and maltreated EPW H8III c. Charge III: Violation of Article 128 , Assault: I fmd that a preponderance of the
evidence exists to validate the specification alleged against her. The testimony of
the witnesses identified previously aU indicate that SGT Edmondson inflicted
bodily harm on EPW H~ ~and that her use offorce was unlawful.
d. During the course of the hearing, testimony from SPC Diana Rider prompted
counsel for the government to request that the investigation be broadened to
include violations of Article 81 , Conspiracy, and Article 134, Obstruction of
Justice, against all four of the accused. I granted that request over the objection of
all defense counsels. Aside from the testimony of SPC Rider, I do not feel that
further, sufficient evidence was presented to validate these charges. I, therefore
cannot report that a preponderance of the evidence suggests that these charges are
true.
e. J recommend that you proceed with a general court martial, charging the accused
with Violation of Article 92, as specified, Violation of Article 93 , as specified
and Violation of Article 128, as specified.
3. Delays in proceedings:
a. 10 proposed original date of 28 July 03 for hearing. Defense counsels requested
delay to 5 September 03 due to schedule conflicts. 10 set date of 27 August 03
after consulting all counsels. Defense counsels acknowledged that the time would
not count against the speedy trial requirement of the government.
b. 28 August 03: Defense counsels requested additional time to prepare for EPW
witnesses and cm Special Agent testimony. 10 granted recess until 290800
August 03. At approx. 2000 Hrs, defense counsels requested further delay due to
problems accessing EPW witnesses. 10 granted further delay until 291300 August
03.
c. 29 August 03: Hearing recessed until arrival of additional witnesses on leave. Re-
convene at Camp Doha, KU.
d. I September 03: Hearing recessed until 021300 September 03 for additional
witness. Further delayed until 021430 Sep 03 at request of defense counsels for
additional time to interview witness.
4. Defense and Government Objections:
a. Defense: Defense counsels objected to introduction of sworn statement of SSG
Stephen Stallard in addition to his sworn testimony at the hearing. SSG Stallard
did not refer to his report during his testimony. 10 sustained objection IA W RCM
405(4)(g)(B), allowing introduction of sworn statements over defense objection
when the witness is not available.
b. Government: Government counsel objected to defense line of questioning, asking
whether certain witnesses had been advised of their rights under Article 31 , or
were being investigated, or had been charged with violation of Article 32, UCMJ,
Dereliction of Duty. 10 allowed defense counsels to ask this question due to its
relevance based on the testimony of the witnesses.
CONTINUATION SHEET , DD FORM 457 , lNVESTIGATINGOFFlCER' S REPORT
Item 13a, Witnesses
#7: SWORN STATEMENT, SSG D, BRAGG
DTD 15 MAY 03
#8: SWORN STATEMENT, MSG L. GIRMAN
DTD 16 MAY 03
#9 AIR, SA JONATHAN RENUAD
DTD 14 MAY 03
#10: SWORN STATEMENT, SPC T. CANJAR
DTD 15 MAY 03
#11' SWORN STATEMENT , SSG K. McKENZIE
DTD 16 MAY 03
#12: SECOND SWORN STATEMENT, SPC T. CANJAR
DID 15 MAY 03
aSIA, CFLCC, CAMP DOHA, KU
aSIA, CFLCC, CAMP DOHA, KU
aSIA , CFLCC, CAMP DOHA, KU
aSIA, CFLCC, CAMP DOHA, KU
OSIA , CFLCC , CAMP DOHA, KU
aSIA, CFLCC, CAMP DOHA, KU
YES
YES
YES
YES
YES
YES
CONTINUATION SHEET, DD FORM 457 , INVESTIGATING OFFICER' S REPORT
. SSG Scott A. McKenzie
Item 21, Remarks
1. Twelve pieces of evidence were submitted during the hearing. The evidence presented
and examined consisted of sworn statements or Agent's Investigation Reports taken or
written by cm Special Agents. A manifest from the 744th Military Police Battalion
dated 12 May 03 , was also submitted during the hearing. In some cases, witnesses
referred to their statements or reports to re- fresh their recollection of events under
question. Thirty-one separate witnesses were heard. The witnesses were credible,
although defense counsels attempted to refute the testimony of certain witnesses and
highlight that previous testimony or statements were contradictory to the recorded
testimony during this hearing. Based on the testimony of the witnesses and the evidence
presented, I am able to make a recommendation with regard to further action involving
the accused soldier.
2. With regard to SSG McKenzie, I make the following recommendations to the charges
and specifications alleged against him:
a. Charge 1: Violation of Article 92, Dereliction of Duty: I find that a preponderance
of the evidence exists to validate the specification alleged against him. By virtue
of his position, experience and rank, SSG McKenzie had a certain duty to
safeguard EPWs and was aware of those duties. The testimony of SSG Stallard
SGT Nilsson SGT Taylor, and SPC Tanselle indicate that he was willfully
derelict in the perfonnance of those duties.
b. Charge II: Violation of Article 93, Cruelty and Maltreatment: I fmd that a
preponderance of the evidence exists to validate Specifications 2, 3 and 5 alleged.
against him. Evidence was not presented to sufficiently validate Specifications
and 4 alleged against him. SGT Nilsson s testimony confinns EPW
account of being dragged across the ground by his annpits (Specification 2). SGT
Taylor and SPC Tanselle both testified to his mistreatment of EPW
(Specification 3). The testimony of SSG Stallard and SGT Nilsson indicate his
mistreatment ofEPW R- Other than the testimony of the EPWs themselves
I did not find corroborating testimony to substantiate the mistreatment of EPWs
HIlI A. and
--
Charge ill: Violation of Article 107, False Official Statements: I find that a
preponderance of the evidence exists to validate the specification alleged against
him. The testimony of the previous witnesses indicates that SSG McKenzie
sworn statement of 16 May was false in that he denied the mistreatment of any
EPWs and that he evidently knew such denial to be false at the time, and that his
intent was to deceive investigators as to the true events of 12 May.
d. Charge IV: Violation of Article 128, Assault: I fmd th~d a preponderance of the
evidence exists to validate Specifications 1 , 2, and 5 alleged against him.Evidence was not presented to sufficiently validate Specifications 3 and 4 alleged
against him. The testimony of SGT Nilsson confinns EPW aCcoWlt
of being dragged by his armpits across the ground. SOT Taylor and SPC Tanselle
testified as to EPW abuse. SSG Stallard and SGT Nilsson testified as to
his abuse of EPW R". Other than the testimony of the EPWs themselves, I
did not find corroborating testimony to substantiate the assualt of EPWs HIlIA8III and"
e, During the course of the hearing, testimony ftom SPC Diana Rider prompted
counsel for the government to request that the investigation be broadened to
include violations of Article 81, Conspiracy, and Article 134, Obstruction of
Justice, against all four of the accused. I granted that request over the objection of
all defense counsels. Aside from the testimony of SPC Rider, I do not feel that
further, sufficient evidence was presented to validate these charges. I, therefore
cannot report that a preponderance of the evidence suggests that these charges are
true.
I recommend that you proceed with a general court martial, charging the accused
with Violation of Article 92, as specified, Violation of Article 93 , Specifications
3, and 5 , Violation of Article 107 and its specification, and Violation of Article
128, Specifications 1, , and 5.
3. Delays in proceedings:
a. 10 proposed original date of 28 July 03 for hearing. Defense counsels requested
delay to 5 September 03 due to schedule conflicts. 10 set date of 27 August 03
after consulting all counsels, Defense counsels acknowledged that the time would
not count against the speedy trial requirement ofllie government.
b. 28 August 03: Defense counsels requested additional time to prepare for EPW
witnesses and crn Special Agent testimony. 10 granted recess until 290800
August 03. At approx. 2000 Hrs, defense counsels requested further delay due to
problems accessing EPW witnesses. 10 granted further delay until 29l300 August
03.
c. 29 August 03: Hearing recessed until amval of additional witnesses on leave. Re-
convene at Camp Doha, Ku.
d, 1 September 03: Hearing recessed until 021300 September 03 for additional
witness. Further delayed until 021430 Sep 03 at request of defense counsels for
additional time to interview witness.
Defense and Government Objections:
a. Defense: Defense counsels objected to introduction of sworn statement of SSG
Stephen Stallard in addition to his sworn testimony at the bearing. SSG Stallard
did not refer to his report dwing his testimony. 10 sustained objection IA W RCM
405(4)(g)(B), allowing introduction of sworn statements over defense objection
when the witness is not available.
b, Government: Government counsel objected to defense line of questioning, asking
whether certain witnesses had been advised of their rights under Article 31 , or
were being investigated, or had been charged with violation of Article 32 , UCMJ,
Dereliction of Duty. 10 allowed defense counsels to ask this question due to its
relevance based on the testimony of the witnesses.
c. Defense: Government counsel requested to broaden the scope of the investigation
to include violations of Article 81 , DCMJ, 80, Conspiracy to Obstruct Justice, and
Article 134 , UCMJ, Obstruction of Justice, against all four of the accused, based
on testimony of SPC Diana Rider. Based on her testimony, 10 allowed
government to broaden the scope of the investigation to include these two
charges.
d. Defense: Defense counsels perceived an allegation of impropriety in line of
questioning by govenunent counsel and asked that hearing area be cleared to
further discuss the matter. IO cleared the courtroom of all spectators, including
the media. I was advised by the P AO representation of a potential violation of the
Freedom of Infonnation Act in doing so, since the hearing was declared open. My
legal advisor also suggested that other spectators carried the same weight as the
media. Both were allowed back in, although the government counsel assured all
parties that no such implied accusation was intended against any defense counsel
and withdrew any further line of questioning along these lines.
e. Defense: defense counsels objected to. line of questioning by the government of
SA Renaud regarding a previous investigatio.n by Renaud o.f MSG Girman as
iITelevant to. the proceedings at hand. Go.vernment did not argue probative v.
prejudiced value of the questioning. I sustained the o.bjectio.n and disallowed the
questioning.
f. Defense: after the testimony of the final witness, SPC Emily Tanselle
go.venunent caunsel asked that the scope of the investigatio.n be bro.adened to
include vio.lation af Artic1e~d Obstructio.n o.f Justice. Go.vernment
withdrew its request fOr_charge. I did not allow the inclusion o.f this
charge due to. inadequate notice to. the defense to. prepare for the additio.nal
charges.
5. While EPW witnesses have agreed to. be available far further testimany, their release
might make it difficult to. reach them once they have returned home.
6. During the course o.f this hearing, testimony trom SSG Stephen Stallard, SGT Kenneth
Nilssan, SGT Mark Chaney, SPC Brian Taylar, and SPC Emily Tanselle indicated that
while the alleged incidents were occurring, they did not actively attempt to intervene as
was their responsibility to do as soldiers , and in the case of Stallard, Nilsson, and Chaney,
as nan-cammissianed afficers and leaders. Beyond SSG Stallard' s verbal attempts to. stop
the abuse of these EPWs, nothing else seems to. have been done. SGT Chaney
testimany that he turned away because he cauld nat bear to. watch this treatment is
especially disturbing. I recammend that yau cansider appropriate action with regard to.
these soldiers and their evident failure to. act to. pratect the enemy prisaners afwar in their
charge or stap the mistreatment to. which they have testified, under aath.
INVESTIGATING OFFICER' S REPORT(OJ Charges Under Article UCMJ and R. C. M. 405, Manual jor Courts-Martial)
1 a FROM: (Name of Investigating Officer b. GRADE c. ORGANIZATION d. DATE OF REPORl- o,St First, MI) 220TH MILITARY POLICE BRIGADE
, CHRIS R. 5!L TCAPO AE 09366
TO: (Name of Officer who directed the b. TITlE c. ORGANIZATION
investigmiol1 Last , First, MI! BRIGADE COMMANDER 8ooTH MILITARY POLICE BRIGADE
KARPINSKI , JANIS L.APO AE 09366
d. "'A"""ON "TE Of DJM'"3a. NAME OF ACCUSED (Last , First , Mf) b. GRADE c. SSN
320TH MILITARY POLICE BNMCKENZIE , scan
--- -----'- --
(Check appropriate answer) YES
IN ACCORDANCE WITH ARTICLE 32 , UCMJ. AND R. M. 405. MANUAL FOR COURTS-MARTIAl.
I HAVE INVESTIGATED THE CHARGES APPENDED HERETO !Exhibit 1)
THE ACCUSED WAS REPRESENTED BY COUNSEL III not, $ee 9 below)
COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R, M. 405IdJl2), 5021d)
7a. NAME OF DEFENSE COUNSEL (Last. First, MI) b- GRADE 8a. NAME Of ASSISTI\NT DEfENSE COUNSEL (If any) b. GRADE
FITZGIBBONS, AMY S. 3/CPTc. ORGANIZATION (If appropriate) c. ORGANIZA TION (If appropriate)US ARMY TRIAL DEFENSE SERVICEREGION VIII , VICENZA FIELD OFFICEd. AODRESS (If appropriate) d. ADORESS (If appropriate)APO AE 09630
S. (To be signed by accused if accused waives coul1.Sel. If accused does not sign, invesligasing officer will explain in delail in Item 21.
a. PLACE b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEl, INCLUDING MY RIGHT TO
CIVILIAN OR MILITARY COUNSEl OF MY CHOICE If REASONABLY AVAILABLE. I WAIVE MY RIGHTTO COUNSELIN THIS INVESTI
GATION.
c. SIGNATURE OF ACCUSEO
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES
HIE CHARGEISI UNOER INVESTIGATION
THE IDENTITY OF THE ACCUSER
-----
THE RIGHT AGAINST SElF.INCRIMINATION UNOER ARTICLE 31
THE PURPOSE OF THE INVESTIGATION
~- -
THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE
THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT
THE RIGHT TO CROSS-EXAMINE WITNESSES
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED
THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION, OR MITIGATION
THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING
119. THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT lHROUGHDUT THE PRESENT A TIDN OF EVIDENCE (If the accusedor counsel were absent during any pan of the presemarion of evidence , complete b below.)
i b. STATE THE CIRCUMSTANCES ANO OESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
NOTE: If additional space is required for any item, entor the additional motorial in Item 21 or on a saporito ,heeL Identify ,uch matori,l with the proper numericol end, if oppropriote, lettered hooding
(Examp" " Securely 'tt"h Inv additionll,hoots to the form Ind add a not, in the ,pproprilte Ita.. of the form: "See Iddition.I,hoet."
DO FORM 457 AUG 84 EDITION OF OCT 69 IS OBSOLETE USAPPC
12a. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Ch~ck appropriat~ answer)f--- NAME (LoSI . Firs/ . Ml) GRADE (If any) ORGANIZATION/ADDRESS (Which~ver is appropriare) YES
STALLARD , STEPHEN R. 6/SSG 223rd MP COMPANY
-'-
. 5S0N. KENNETH C 5/SGT 223rd MP COMPANY
-- ----- -
I AYLOR, BRIAN T E-4/SPC 223rd MP COMPANY
--- ---
CHANEY , MARK A 5/SGT 223rd MP COMPANY
----
RIDER , DIANA 4/SPC 320th MP BATTALION
----- - -
LEV AN , CHRISTOPHER 4/SPC 320th MP BATTALION
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED,
13a THE fOLLOWING SIA TEMENTS, DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO
EXAMINE EACH
DESCRIPTION OF ITEM lOCATION OF ORIGINAL (If nol onoched)
Ill: SWORN STATEMENT , SGT K. NILSSON aSIA , CFLCC, Camp Doha, KU10TO 14 MA Y 03
112: AIR , SA MANORA IEM , 14 MAY 03 aSIA , CFLCC, Camp Doha , KUf---.
#3: SWORN STATEMENT , SPC B. TAYLOR aSIA , CFLCC, Camp Doha , KUDTD 14 MA Y 03
-~-
#4: SWORN STATEMENT , SGT M. CHANEY aSIA , CFLCC , Camp Doha , KUDTD 14 MA Y 03
#5: SWORN STATEMENT , SPC C. LEVAN OSIA , CFLCC, Camp Doha , KU
#6; EPW MANIFEST , 744111 MP BN, OSIA, CFLCC. Camp Doha, KU"TO 12 MAY 03CH ITEM CONSIDERED, OR A COpy OR RECITAL OF THE SUBST ANCE OR NATURE THEREOF, IS ATTACHED
THERE ARE GROUNDS TO BEllm THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSEfSI
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R. eM. 909, 916(k).
15. THE DEFENSE DID REnUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes, specify in Item 2I below,
16. All ESSENTIAL WITNESSES WilL BE AVAilABLE IN THE EVENT OF TRIAL
17. THE CHARGES AND SPECIFICA TIONS ARE IN PROPER FORM
-_._-..
18. REASONABLE GROUNDS EXIST TO BElIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(SI AllEGED
I AM NOT AWARE Of ANY GROUNDS WHICH WOULD OISOUALIFY ME FADM ACTING AS INVESTIGATING OFFICER.
(SeeRc.M 405 (d) (1)
20 I RECOMMEND:
a. TRIAL BY iJ SUMMARY SPECIAL GENERAL GOURT-MARTIAl
OTHER (SpeCl)Y 1/1 Jrem 21 IJelow)
21. REMARKS (Include, (IS necessary, explanarionfor any delays in Ihe invesrigorian, and explonarionfor any "/10 " answers above.
SEE ATTACHED CONTINUATION SHEET
'- - ._-
TYPED NAME OF INVESTlliA TIN': UFFICER b. GRADE c. ORGANIZATION
220th MILITARY POLICE BRIGADE-IRIS R. GE'\ITR Y S/L APO AE 09366
d SIGNATURE Of INVESTlG ~TINGOFfiCE
YU h- . Il. 7l:':': I e. DATEIA.A
'" ... . '-" ,
~"PPC v
CONTINUA nON SHEET, DD FORM 457, INVESTIGATING OFFICER' S REPORT
Itern 12a, Witnesses
SEGAL , SEAN 4/SPC 744th MP BATTALION YES
TEMPrNSKI, KURT E- 7/SFC 744th MP BATTALION YES
GIBSON, BRIAN 5/SGT 744th MO BATTALION YES
BRAGG, DONALD 6/SSG 314th MP COMPANY YES
REED, GRANT 4/SPC 314th MP COMPANY YES
B~OS, CHrnUSTOPHER 4/SPC 314th MP COMPANY YES
HOMES, KEVIN 4/SPC 314th MP COMPANY YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES~ ~-~PW CAMP BUCCA, IZ YESD_~ EPW CAMP BUCCA, IZ YES
~..
EPW CAMP BUCCA, IZ YES
,,-
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
RENAUD , JONATHAN T. Cll , CAMP BUCCA, IZ YES
ROSEW ARREN, KEITH A. Cill, CAMP BUCCA, IZ YES
SANTIAGO. FELIX Cill, CAMP BUCCA, IZ YES
IBM , MANORA Cill , CAMP BUCCA, IZ YES
GARRITY, STACEY 4/MAJ sooth MP BRIGADE YES
WARNER, LAUREN 4/SPC 320th MP BATTALION YES
WARNER, JASON 4/SPC 320th MP BATTALION YES
TANSELLE. EMILY 4/SPC 223rd MP COMPANY YES
By Telephonic Interview:
. HESSLER, MICHAEL YES
c. Defense: Government counsel requested to broaden the scope of the investigation
to include violations of Article 81, DCMJ, 80, Conspiracy to Obstruct Justice, and
Article 134 , UCMJ, Obstruction of Justice, against all four of the accused, based
on testimony of SPC Diana Rider. Based on her testimony, IO allowed
government to broaden the scope of the investigation to include these two
charges.
Defense: Defense counsels perceived an allegation of impropriety in line of
questioning by government counsel and asked that hearing area be cleared to
further discuss the matter. 10 cleared the courtroom of all spectators, including
the media. I was advised by the P AO representation of a potential violation of the
Freedom of Infonnation Act in doing so, since the hearing was declared open. My
legal advisor also suggested that other spectators carried the same weight as the
media. Both were allowed back in, although the government counsel assured all
parties that no such implied accusation was intended against any defense counsel
and withdrew any further line of questioning along these lines.
e. Defense: defense counsels objected to line of questioning by the govenunent of
SA Renaud regarding a previous investigation by Renaud of MSG Ginnan as
iITelevant to the proceedings at hand. Government did not argue probative v.
prejudiced value of the questioning. I sustained the objection and disallowed the
questioning.
f. Defense: after the testimony of the final witness, SPC Emily Tanselle,
government counsel asked that the scope of the investigation be broadened to
include violation of Article~d Obstruction of Justice. Government
withdrew its request for~harge. I did not allow the inclusion of this
charge due to inadequate notice to the defense to prepare for the additional
charges.
g. On 7 September, MAl Borgerding, representing the government, asked again, by
e-mail attachment, that I re-consider my decision not to include the charges of~d obstruction of justice against SGT Edmondson outlined in para.
f.above, CPT Larcomb , representing SGT Edmondson, replied on 13 September
after returning from another case in the United States. On 17 September, I
consulted with MAl Lyons , my legal advisor. Summarizing his counsel, Iresponded to the government's request bye-mail on 18 September, affirming my
earlier decision not to consider the additional charges due to the late notice given
by the government and, in the case of _charge, that it was outside the
scope of the hearing.
5. While EPW witnesses have agreed to be available for further testimony, their release
might make it difficult to reach them once they have returned home.
6. During the course of this hearing, testimony from SSG Stephen Stallard, SGT KeImeth
Nilsson, SGT Mark Chaney, SPC Brian Taylor, and SPC Emily Tanselle indicated that
while the alleged incidents were occurring, they did not actively attempt to intervene as it
was their responsibility to do as soldiers, and in the case of Stallard, Nilsson, and Chaney,
as non-commissioned officers and leaders. Beyond SSG Stallard' s verbal attempts to stop
the abuse of these EPWs, nothing else seems to have been done. SGT Chaney
testimony that he turned away because he could not bear to watch this treatment is
especially disturbing. I recommend that you consider appropriate action with regard to
these soldiers and their evident failure to act to protect the enemy prisoners of war in their
charge or stop the mistreatment to which they have testified, under oath.
DEPARTMENT OF THE ARMYS. Army Trial Defense Service
Vicenza Field OfficeAPO AE 09630
AESE-JAD 25 July 2003
MEMORANDUM FOR LTC Gentry, Article 32 (b) Investigating Officer
SUBJECT: Defense Request for Delay Article 32 Investigation
I. The defense requests a delay in the Article 32(b) Investigation scheduled for 28 July2003 until 27 August 2003. The bases for the defense deJay request are as follows:
J. The defense received notice of the Article 32(b) Investigation on 18 July whileTDY for a contested court-martial. As of that date, defense counsel had yet to receivedthe charge sheet or the cm report pertaining to this case. The date set for the Miele 32hearing was 28 July 2003. Defense counsel was in a contested court-martial until theevening of 24 July 2003 and is scheduled to take leave in conjunction with TDY to beginon 28 July 2003. Given the timing of the notice, approved leave and logistical problemswith getting back to Italy, drawing equipment and scheduling a flight, defense counselrequests a delay in the Article 32(b) Investigation.
b. More importantly, defense counsel will not be prepared to go forward on 28July 2003. I have yet to receive and review the packet. This is an extremely serious casewhich win take extensive preparation prior to the Article 32(b) Investigation. Defensecannot provide SSG McKenzie with effective assistance without some time to prepare forthe hearing.
2. I am the POC for this memorandum and can be reached via phone at DSN 314-634-7043 or via e- mail at amv.fitzgibbons(gJsetaf.army.mi1. I will be back in Vicenza on 6August 2003.
AMY S. FITZGIBBONSCPT, JASenior Defense Counsel
INVESTIGATING OFFICER' S REPORT(Of Charges Under Article UCMJ and R. eM. 405, Manual for Courts-Martial)
la. FROM: (Name of Investigating Officer b. GRADE c. ORGANIZATION d. DATE OF REPORTOST. FirsT . M!) 220th MILITARY POLICE BRIGADE
. fRY , CHRIS R, S/L TCAPO AE 09366
2a. TO: (Name of Officer who directed the b. TITLE c. ORGANIZATION
investigmion Last. Firs/, Ml) BRIGADE COMMANDER 8ooth MILITARY POLICE BRIGADE
KARPINSKI , JANIS L.
3a. NAME OF ACCUSED (Last, First , MI) b. GRADE c. SSN d. ORGANIZATION e. DATE OF CHARGES
320th MP BATTALIONCANJAR , TIMOTHY F. 4/SPC 14 JULY 03
(Check appropriate answer) YES
IN 1\CCORDANCE WITH ARTICLE 32 . UCMJ, AND R. M. 405, MANUAL FOR COURTS. MARTIAL,
I HAVE INVESTIGATED THE CHARGES 1\PPENDE(J HERETO (Exhibit 11
THE ACCUSED WAS REPRESENTED BY COUNSEL (If not, see 9 belowl
COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R. M. 40S(d)l21, S021dl
la. NAME OF DEFENSE COUNSEL (Last, First, MI) b. GRADE 8a. NAME OF ASSIST ANT OEFENSE COUNSEL (If any) b. GRADE
CASULLI, LAURA L. 4/MAJ
'"---
c. ORGANIZATION (If appropriate) c. ORGANIZATION (If appropriate)US ARMY TRIAL DEFENSE SERVICEBAMBERG FIELD OFFICE, REGION VIIId. ADDRESS (If appropriate) d. ADDRESS (If appropriate)APO AE 09139
9. (To be signed by accUJed if accUJed waives counsel. If accUJed dlJes not sign investigming officer will explain in detail in Item 21.)
a. PLACE
I b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO
CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAilABLE. I WAIVE MY RIGHT TO CDUNSEL IN THIS INVESTI.
GATtON.
c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION IINFORMEO THE ACCUSED OF: (Check appropriate answer) YES
THE CHARGErSI UNDER INVESTIGATION
THE IDENTITY OF THE ACCUSER
THE RIGHT AGAINST SElF. INCRIMINATION UNDER ARTICLE 31
THE PURPOSE OF THE INVESTIGATION
THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE
THE WIT.NESSES AND OTHER EVIDENCE KNDWN TO ME WHICH I EXPECTED TO PRESENT
THE RIGHT TO CROSS.EXAMINE WITNESSES
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED
...
THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION
THE RIGHT TO MAKE A SWORN DR UNSWORN STATEMENT, ORAllY OR IN WRITING
11a. THE ACCUSED AND ACCUSED' S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (if the accusedor counsel were absent during any part of the presentation of evidence , comp/ele b below)
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL
NOTE: If 'dditlo...lspace is "quirad tor any llam, enlar the Iddillo.,1 ....1IriI1 in ham 21 or on a IIplrllD ,but. ldentily sucb ...tarial with the proper numericallnd, it appropriate, lettarad heading(bample. " ) Securely '!tllch any Idditional .boell to m. for.. Ind Idd I nolDln tho Ippropriolll,"" 01 !ha lorm: .Saa additionll 'heet.
DO fORM ~57. AUG 84 EDITION OF OCT BB IS OBSOLETE. US,PPC V
12a. THE fOLLOWING WITNESSES TESTIFIED UNDER OA TH: (Check appropriate answer)
NAME (Las/ , Firs/ , Mi) GRADE (If arry) ORGANIZATION/ADDRESS (Whichever is appropriate)
STALLARD , STEPHEN R. 6/SSG 223rd MP COMPANY
LSSON. KENNETH C. 5/SGT 223rd MP COMPANY
---
A YLOR , BRIAN J SPC/E-4 223rd MP COMPANY
---
CHANEY , MARK A. SGT/E- 223rd MP COMPANY
RIDER , DIANA 4/SPC 320th MP BATIALION
LEV AN , CHRISTOPHER 4/SPC 320th MP BA TI ALlON
b THE SUBSTANCE Of THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING ANG IS ATTACHED.
13a. THE fOLLOWING STI\/EMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO
EXAMINE EACH.
DESCRIPTION OF ITEM lOCATION OF ORIGINAL (If not attached)
#1: SWORN STATEMENT, SGT K NILSSONOSJA, CFLCC, Camp Doha, KUDTD 14 MA Y 03
#2: AIR , SA MANORA IEM , 14 MAY 03 aSIA , CPLCC, Camp Doha, KU
#3: SWORN STATEMENT , SPC B. TAYLOR aSIA , CFLCC , Camp Doha , KUDTD 14 MAY 03
#4: SWORN STATEMENT , SGT M. CHANEYOSJA, CFLCC, Camp Doha, KUDTD 14 MAY 03
--~----~ - - ---
#5: SWORN STATEMENT , SPC C. LEVAN OSIA CFLCC , Camp Doha, KU
#6: EPW MANIFEST , 744th MP BN,aSIA, CFLCC, Camp Doha, KUT1TD 12 MAY 03
\CH 11 EM CONSIIJERED. OR II COpy GR RECITAL OF THE SUBSTANCE OR NATURE THEREGF, IS ATTACHEG
THERE ARE GROUNGS TO BELIEVE THAT THE ACCUSED WAS NOT MENTAllY RESPONSIBlE FOR THE OFFENSE\S\
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R. c.M. 909, 916(lc).
~. THE DEFENSE Gm REOUEST OBJECTmNS TO BE NOTED IN THIS REPORT (If Yes, specifj in Item 21 below)
16. All ESSENTIAL WITNESSES Will BE AV,I,llABlE IN THE EVENT OF TRIAL
17. THE CH,I,RGES ANG SPECIFICATIONS ARE IN PROPER FORM
18. REASGNABlE GRGUNOS EXIST TO BELIEVE THAT THE ACCUSEQ COMMITTED THE OfFENSEIS) ALLEGED
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOUl() DlSOUAlIFY ME FROM ACTING AS INVESTIGATING OFFICER.
(See R. c.M 405 (d) (1).
20. I RECOMMEND:
B. TRIAL 8Y 0 SUMMARY SPECIAL I2'J GENERAL GOURT. M~RTIAl
O1HER (Specify In !Iem 21 below)
21. REMARKS (II/elude . as necessury, explanmion for uny delays in the investigation, and explanation for any " " answers above.
SEE ATrACHED CONTINUATION SHEET
TYPED NAME OF INVESTIGATING OFFICER b. GRADE c. OAGANIZA nON
RlS R GENTRY A 220th MILITARY POLICE BRIGADES/L TC APO AE 09366
Id SIGNATURE OF INVESnGA
~~
'Il. ~..t
-,;:
I e. DATE 23 September 2003
USAPPC;
CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER' S REPORT
Item l2a, Witnesses
SEGAL, SEAN 4/SPC 744th MP BATTALION YES
TEMPINSKl , KURT 7/SFC 744th MP BATTALION YES
GIBSON, BRIAN 5/SGT 744th MO BATTALION YES
BRAGG, DONALD 6/SSG 314th MP COMPANY YES
REED , GRANT 4/SPC 314th MP COMPANY YES
B~OS , C~STOPHER 4/SPC 314th MP COMPANY YES
- HOMES, KEVIN 4/SPC 314th MP COMPANY YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
~~-
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YESA_Q-EPW CAMP BUCCA, IZ YES
RENAUD, JONATHAN T. Cll, CAMP BUCCA, IZ YES
ROSEW ARREN, KEITH A. Cll , CAMP BUCCA, IZ YES
SANTIAGO. FELIX CID , CAMP BUCCA, IZ YES
IBM , MANORA CID, CAMP BUCCA, IZ YES
. GARRITY , STACEY 4/MAJ 800th MP BRIGADE YES
WARNER, LAUREN 4/SPC 320th MP BATTALION YES
WARNER, JASON 4/SPC 320th MP BATTALION YES
TANSELLE , EMILY 4/SPC 223rd MP COMPANY YES
By Telephonic Interview:
HESSLER, MICHAEL YES
Item 13a, Witnesses
CONTINUATION SHEET DD FORM 457 , INVESTIGATING OFFICER' S REPORT
#7: SWORN STATEMENT, SSG D. BRAGG
DTD 15 MAY 03
#8: SWORN STATEMENT , MSG L. GIRMAN
DTD 16 MAY 03
#9: AIR, SA JONATHAN RENUAD
DTD 14 MJI..Y 03
#10: SWORN STATEMENT, SPC T. CANJAR
DTD 15 MAY 03
#11: SWORN STATEMENT, SSG K. McKENZIE
DTD J6 MAY 03
#12: SECOND SWORN STATEMENT, SPC T. CANJAR
Dm 15 MAY 03
OSJA, CFLCC, CAMP DOHA, KU
OSJA, CFLCC , CAMP DOHA, KU
OSJA, CFLCC , CAMP DOHA. KU
08JA , CFLCC , CAMP DOHA, KU
OSJA, CFLCC, CAMP DOHA, KU
aSIA, CFLCC, CAMj) DOHA, KU
YES
YES
YES
YES
YES
YES
CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER' S REPORT
SPC Timothy F. Canjar
Item 21 , Remarks
1, Twelve pieces of evidence were submitted during the hearing. The evidence presented
and examined consisted of sworn statements or Agent' s Investigation Reports taken or
written by cm Special Agents. A manifest from the 744111 Military Police Battalion,
dated 12 May 03 , was also submitted during the hearing. In some cases, witnesses
refen-ed to their statements or reports to re-fresh their recollection of events under
question. Thirty-one separate witnesses were heard. The witnesses were credible,
although defense coWlsels attempted to refute the testimony of certain witnesses and
highlight that previous testimony or statements were contradictory to the recorded
testimony during this hearing. Based on the testimony of the witnesses and the evidence
presented, I am able to make a recommendation with regard to further action involving
the accused soldier.
2. With regard to SPC Canjar, I make the following recommendations to the charges and
specifications alleged against him:
a. Charge I: Violation of Article 92, Dereliction of Duty: I find that a preponderance
of the evidence exists to validate the specification alleged against him. Testimony
from SGT Taylor and SPC Tanselle, and EPW witnesses, clearly indicate that
SPC Canjar had certain duties on the night in question, that he knew or reasonably
should have known of those duties , and that he was derelict of those duties.
b. Charge II: Violation of Article 93, Cruelty and Maltreatment: I find that a
preponderance of the evidence exists to validate Specifications 2 and 3 alleged
against him. Evidence was not presented to sufficiently validate Specifications
and 4 alleged against him. The testimony of SGT Taylor and SPC Tanselle
indicate SPC Canjar s participation in the cruelty and maltreatment of EPW
H"
_.
The testimony of SGT Nilsson and SSG Stallard indicate his
participation in the cruelty and maltreatment of EPW
~..
I felt
that insufficient evidence existed to confinn his participation in the alleged
cruelty and maltreatment of EPW M-
Specification 4 was not specific with regard to the identify of the EPW. There was
insufficient evidence to suggest he participated in the cruelty or mistreatment of
any such unidentified EPW. Clearly EPWs and
.. .
any such unidentified EPW. Clearly EPWs HIII'- and
were subject to SPC Canjar s or ders and his actions were cruel and
represented maltreatment of both individuals.
c. Charge III: Violation of Article 107, False Official Statements: I find that a
preponderance of the evidence exists to validate the specification alleged against
rum based on the testimony of witnesses already identified. SPC Canjar signed
two sworn statements indicating justifiable use of force against EPW s that
evening. The testimony of witnesees, specifically SSG Stallard, SGT Nilsson
SGT Taylor, and SPC Tanselle indicate that his statements were false, that he
knew them to be false at the time of making them, and that his statements were
intended to deceive the investigators.
d. Charge IV: Violation of Article 128, Assault: I find that a preponderance of the
evidence exists to validate Specifications 1 and 4 alleged against him. Evidence
was not presented to sufficiently validate Specifications 2 and 3 alleged against
him. Again, based on the testimony of SSG Stallard, SGT Nilsson, SOT Taylor
and SPC Tanselle, SPC Canjar did bodily harm to these EPWs and the bodily
harm was done with Wllawful force.
e. During the course of the hearing, testimony from SPC Diana Rider prompted
counsel for the government to request that the investigation be broadened to
include violations of Article 81 , Conspiracy, and Article 134, Obstruction of
Justice, against all four of the accused. I granted that request over the objection of
all defense counsels. Aside from the testimony of SPC Rider, I do not feel that
further, sufficient evidence was presented to validate these charges.
f. I recommend that you proceed with a general court martial, charging the accused
with Violation of Article 92 , as specified, Violation of Article 93 , Specifications 2
and 3 , Violation of Article 107 and its specification, and Violation of Article 128
Specifications I and 4.
3. Delays in proceedings:
a. 10 proposed original date of 28 July 03 for hearing. Defense coWlsels requested
delay to 5 September 03 due to schedule conflicts. 10 set date of 27 August 03
after consulting all counsels. Defense counsels acknowledged that the time would
not count against the speedy trial requirement of the government.
b. 28 August 03: Defense counsels requested additional time to prepare for EPW
witnesses and CID Special Agent testimony. IO granted recess until 290800
problems accessing EPW witnesses. 10 granted further delay until 291300 August
03.
c. 29 August 03: Hearing recessed until arrival of additional witnesses on leave. Re-
convene at Camp Doha, KU.
d. 1 September 03: Hearing recessed until 021300 September 03 for additional
witness. Further delayed until 021430 Sep 03 at request of defense counsels for
additional time to interview witness.
4. Defense and Government Objections:
a. Defense: Defense counsels objected to introduction of sworn statement of SSG
Stephen Stallard in addition to his sworn testimony at the hearing. SSG Stallard
did not refer to his report during his testimony. 10 sustained objection IA W RCM
405(4)(g)(B), allowing introduction of sworn statements over defense objection
when the witness is not available.
b. Government: Government counsel objected to defense line of questioning, asking
whether certain witnesses had been advised of their rights under Article 31 , or
were being investigated, or had been charged with violation of Article 32, DCMJ,
Dereliction of Duty. 10 allowed defense counsels to ask this question due to its
relevance based on the testimony ofthe witnesses.
c. Defense: Government counsel requested to broaden the scope of the investigation
to include violations of Article 81 , UCMJ , 80 , Conspiracy to Obstruct Justice, and
Article 134, UCMJ, Obstruction ofJustice, against all four of the accused, based
on testimony of SPC Diana Rider. Based on her testimony, 10 allowed
government to broaden the scope of the investigation to include these two
charges.
Defense: Defense counsels perceived an allegation of impropriety in line of
questioning by government counsel and asked that hearing area be cleared to
further discuss the matter. 10 cleared the courtroom of all spectators, including
the media. I was advised by the P AO representation of a potential violation of the
Freedom of Information Act in doing so , since the hearing was declared open. My
legal advisor also suggested that other spectators carried the same weight as the
media. Both were allowed back in, although the government counsel assured all
parties that no such implied accusation was intended against any defense counsel
and withdrew any further line of questioning along these lines.
e, Defense: defense counsels objected to line of questioning by the government of
SA Renaud regarding a previous investigation by Renaud of MSG Ginnan as
irrelevant to the proceedings at hand. Govenunent did not argue probative v.
prejudiced value of the questioning. I sustained the objection and disallowed the
questioning.
Defense: after the testimony of the fmal witness, SPC Emily TanseIle
government counsel asked that the scope of the investigation be broadened to
include violation of Article__and Article. Obstruction of Justice.
Government withdrew its request for. charge. I did not allow the
inclusion of this charge due to inadequate notice to the defense to prepare for the
additional charges.
5. While: EPW witnesses have agreed to be available for further testimony, their release
might make it difficult to reach them once they have returned home.
6. During the course of this hearing, testimony from SSG Stephen Stallard, SGT Kenneth
Nilsson, SGT Mark Chaney, SPC Brian Taylor, and SPC Emily Tanselle indicated that
while the alleged incidents were occuning, they did not actively attempt to intervene as it
was their responsibility to do as soldiers, and in the case of Stallard, Nilsson, and Chaney,
as non-commissioned officers and leaders. Beyond SSG Stallard' s verbal attempts to stop
the abuse of these EPWs, nothing else seems to have been done. SGT Chaney
testimony that he turned away because he could not bear to watch this treatment is
especially disturbing. I recommend that you consider appropriate action with regard to
these soldiers and their evident failure to act to protect the enemy prisoners of war in their
charge or stop the mistreatment to which they have testified, under oath.
INVESTIGATING OFFICER' S REPORT
(Of Charges Under Article UCMJ and R, c.M, 405, Manual for Courts-Martial)
1a. FROM: (Name of Investigating Officer. b. GRADE t. ORGANIZATION d. DATE OF REPORTLast, Firsl , MI) 220TH MILITARY POLICE BRIGADE
, CHRIS R S/L APO AE 09366
.~-
TO: rName of Officer who directed rhe b. TITlE c. ORGANIZATION
illvesrigarion Lasr , First , Ml) BRIGADE COMMANDER 800TH MILITARY POLICE BRIGADE
KARPINSKI , JANIS L.APO AE 09366
3a. NAME OF ACCUSED (Last , FIrS/ , Ml) b GRADE c. SSN d ORGANIZATION e. DA TE OF CHARGES
320TH MILITARY POLICE BNGIRMAN , LISA M. 13 JUL 03
(Check appropriate answer) YES
IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C. M. 405, MANUAL FOR COURTS. MARTIAL.
I HAVE IIIIVESTIGATED THE CHARGES APPENDED HERETO (Exhibit 11
THE ACCUSED WAS REPRESENTED BY COUNSEL (If not. see 9 below)
COLINSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 4051d)l2J. 50lldl
7a. NAME OF DEFENSE COUNSEL (Lasc. First , MI) b. GRADE 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRP.
--,
AUSPRUNG , REBECCA E. 3/CPTc. ORGANIZATION (If appropriare) c. ORGANIZA TION (If appropriace)US ARMY TRIAL DEFENSE SERVICEWURZBURG FIELD OFFICE , REGION VIIid ADORESS (If approprIaTe) d. ADDRESS (If appropriare)APO AE 09036
9. (To be signed by accused if accusM waives counsel. If accused does not sign, investigating officer will explain In derail in !cern 21.
a. PLACE b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL. INCLUDING MY RIGHT TO
~IVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI.
GATIOIIJ.
c. SIGNATURE OF ACCUSED
10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropricue QlIJwer) YES
THE CHARGEIS) UNOER INVESTIGA TION
THE IDENTITY OF THE ACCUSER
THE RIGHT AGAINST SElF.INCRIMINA TlON UNDER ARTICLE 31
THE PURPOSE OF THE INVESTIGATION
--' -----
---x- -THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE
__._.
THE WIT1IIESSES ANO OTHER EVIDENCE KNOWN TO ME WHICH! EXPECTED TO PRESENT
---
THE RIGHT TO CROSS.EXAMINE WITNESSES
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED
THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATIDN , OR MITIGATION
1\1E RIGHT TO MAKE A SWORN OR UNSWORN ST AUMENT, ORALLY OR IN WRITING
11a. THE ACCUSED ANO ACCUSED' S COUNSEL WERE PRESENT 1HROUGHOUT T\1E PRESENTATION OF EVIDENCE (If the accusedor counsel were absent during any part of the presentalion of evidence, comp/ece b below.
- -
b. STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSEO DR COUNSEL
NOTE: If additional space IS required for anj Item, enter the additional material in Item 21 or on a ,.pa,ate sheeL Identify such materia' with tne proper numericnl ond, if oppropriate, lenerel heading(E).""'pI2 ..
.'
I Securely attach any additional sheats to the 10rm and odd a note in tbe 'ppropriate lI.m of the form: " See addition.1 shaet"
DD FORM 457, AUG 84 EDITION OF OCT 69 IS OBSOLETE. US,PPG v
128. THE FOLLOWING WITNESSES TESTIFIED UNDER DATH: (Check appropriate lIIISWer)
NAME (Last , First , Ml) GRADE (If any) ORGANIZATION/ADDRESS (Whichever is appropriare) YES
- ---
STALLARD , STEPHEN R. 6ISSG 223rd MP COMPANY
SSON , KENNETH C 5ISGT 223rd MP COMPANY
-------
TA YLOR, BRIAN J. EA/SPC 223rd MP COMPANYf------'------'- - U
CHANE~! , MARK A. 5ISGT 223rd MP COMPANY
---- -- - -
RIDER . DIANA 4/SPC 32Oth MP BATT AllaN
------
LEV AN. CHRISTOPHER 4/SPC 320th MP BAITALlON
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING ANO IS ATTACHED.
13a. THE FOLLOWING ST A TEMENTS , DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITIED TO
EXAMINE EACH.
DESCRIPTION OF ITEM LOCA nON OF ORIGINAL (Jf not aI/ached)
#l: SWORN STATEMENT , SGT K. NILSSONaSIA. CFLCC, Camp Doha. KUDTD 14 MAY 03
#2: AIR , SA MANORA lEM , 14 MAY 03 OSJA, CFLCC. Camp Doha, KU
#3: SWORN STATEMENT, SPC B. TAYLOR aSIA. CFLCC. Camp Doha. DTD 14 MAY 03
#4: SWORN STATEMENT , SGT M. CHANEY aSIA. CFLCC, Camp Doha, DTD 14 MA Y 03
#5: SWORN STATEMENT , SPC C. LEV AN aSIA. CFLCC , Camp Doha, KU
#6: EPW MANIFEST , 744th MP BN, aSJA, CFLCC , Camp Doha, KU"TD 12 MAY 03ACH ITEM CONSIDERED , OR A COpy OR RECIT AL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED
THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTAllY 'RESPONSIBLE FOR THE OFFENSE(S)
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R. c.M- 909. 916(k).
15- THE DEFENSE OlD REOUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes. specify in Jtem 21 below.
16. ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL
17. THE CHARGES AND SPECifiCATIONS ARE IN PROPER fORM
, B. REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSEISI ALLEGED
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD OISOUALIfY ME fROM ACTING AS INVESTIGATING DffICER-
(Sa R. CM. 405(d)(l)
20. I RECOMMEND.
a. TRIAL B) SLJMMAR\ SPECIAL GENERAL COURT-MARTIAL
Of HER (SpeulY UI Item 2/ be/ow)
21. REMARKS (/nclude, lIS lIeCtsswy, explanation for any delays in the investigation, and explanation for any " " answers above.)
SEE ATTACHED CONTINUATION SHEET
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, poED NAME 0' INVESTl3ATING OFFICER b. GRADE c. ORGANIZATION
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220th MILITARY POLICE BRIGADE APO AE 09366HRIS R. GENTRY
u. SIGNAfURE OF INVESTIGATING JFFICER /
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CONTINUATION SHEET, DO FORM 457 , INVESTIGATING OFFICER' S REPORT
Item 12a, Witnesses
SEGAL, SEAN 4/SPC 744th MP BATTALION YES
TE~PINSKJ, KLnRT E- 7 /SFC 744th MP BATTALION YES
GIBSON, BRIAN 5/SGT 744th ~O BATTALION YES
BRAGG, DONALD 6/SSG 314th MP COMPANY YES
. REED , GRANT 4/SPC 314th MP COMPANY YES
BARJUOS, CHffiUSTOPHER 4/SPC 314th MP COMPANY YES
HO~ES , KEVIN 4/SPC 314th MP COMPANY YES~H- EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
R8II-_EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES
EPW CAMP BUCCA, IZ YES~H__~EPW CAMP BUCCA, IZ YES
~~--
EPW CAMP BUCCA, IZ YES
RENAUD , JONATHAN T. CID , CAMP BUCCA, IZ YES
ROSEWARREN, KEITH A. CID, CAMP BUCCA, IZ YES
. SANTIAGO , FELIX CID , CAMP BUCCA, IZ YES
IE~, MANORA CID, CAMP BUCCA, IZ YES
GARRITY , STACEY 4/MAJ 800th MP BRIGADE YES
WARNER , LAUREN 4/SPC 320th MP BATTALION YES
11r n...mD T A en"'T 4!SPC 320th MP BATTALION YESnfLI.'\..J~.L~'- , J.r\."'Vl~
. T ANSELLE , ENITL Y 4/SPC 223rd MP COMPANY YES
By Telephonic Interview:
HESSLER , MICHAEL YES
Item 13a, Witnesses
CONTINUATION SHEET, DD FORM 457 , INVESTIGATING OFFICER' S REPORT
#7: SWORN STATEMENT, SSG D. BRAGG
DTD 15 MAY 03
#8: SWORN STATEMENT, MSG L. GIRMAN
DTD 16 MAY 03
#9: AIR, SA JONATHAN RENUAD
DTD 14 MAY 03
#10: SWORN STATEMENT , SPC T. CANJAR
DID 15 MAY 03
#11: SWORN STATEMENT , SSG K. McKENZIE
DTD 16 MAY 03
#12: SECOND SWORN STATEMENT, SPC 1'. CANJAR
DTD 15 MAY 03
OSJA, CFLCC, CAMP DOHA, KU
aSIA, CFLCC , CAMP DOHA, KU
OSJA, CFLCC, CAMP DOHA, KU
aSIA , CFLCC, CAMP DOHA, KU
OSJA , CFLcC , CAMP DOHA , KU
OSJA , CFLCC, CAMP DOHA, KU
YES
YES
YES
YES
YES
YES
CONTINUATION SHEET , DD FORM 457 , INVESTIGATING OFFICER' S REPORT
MSG Lisa M, Girman
Hem 2 I , Remarks
1. Twelve pieces of evidence were submitted during the hearing. The evidence presented
and examined consisted of sworn statements or Agent's Investigation Reports taken or
written by crn Special Agents. A manifest ftom the 744th Military Police Battalion,
dated 12 May 03, was also submitted during the hearing. In some cases, witnesses
refeITed to their statements or reports to re- ftesh their recollection of events under
question. Thirty-one separate witnesses were heard. The witnesses were credible,
although defense counsels attempted to refute the testimony of certain witnesses and
highlight that previous testimony or statements were contradictory to the recorded
testimony during this hearing. Based on the testimony of the witnesses and the evidence
presented, I am able to make a recommendation with regard to further action involving
the accused soldier.
2. With regard to MSG Lisa M. Ginnan, I make the following recommendations to the
charges and specifications alleged against her:
a. Charge 1: Violation of Article 92, Dereliction of Duty: I find that a preponderance
of the evidence exists to validate both specifications alleged against her. MSG
Ginnan s position, her previous experience, and her senior non-commissioned
officer rank are clearly indicative that she had certain duties that night and that
she knew of those duties. The testimony of SSG Stallard, SGT Nilsson, SGT
Taylor, and SPC Tanselle all indicate that she was willfully derelict in the
performance of those duties, to include her responsibilities to safeguard EPWs
herself and to ensure that her soldiers also safeguarded EPW
b. Charge II: Violation of Article 93 , Cruelty and Maltreatment: I fmd that a
preponderance of the evidence exists to validate specifications 1 and 2 alleged
against her, but that evidence was not presented to sufficiently validate
specification 3 alleged against her. The testimony of SGT Taylor and SPC
Tansene indicate MSG Girman s participation in the cruel mistreatment of EPW
H" The testimony of SSG Stallard, SGT Nilsson, and SPC Tanselle
indicate her cruel mistreatment of EPW I did
not find that sufficient evidence existed to confmll 'the specification alleged
against her regarding EPW H."_~
c. Charge ill: Violation of Article 107, False Official Statements: I find that apreponderance of the evidence exists to validate the specification alleged against
her. Based on the testimony of the witnesses previously indicated, MSG Girman
sworn statement of 16 May appears to be false in that she denies the mistreatment
and assault of any of the EPWs , that she evidently knew the statement to be false
and that her statement was intended to deceive investigators as to her true actions.
d. Charge N: Violation of Article 128 , Assault: I find that a preponderance of the
evidence exists to validate specifications I and 2, but that evidence was not
presented to sufficiently validate specification 3 alleged against her. The
testimony of SSG Stallard, SGT Nilsson SGT Taylor, and SPC Tanselle all
indicate that MSG Girman did bodily harm to EPWs HIlI_and __~and that the harm was done with Wllawful force. Again,
I did not find that sufficient evidence existed to confinn the specification alleged
against her regarding EPW
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e. Charge V: Violation of Article 134: I find that the evidence presented was
insufficient to validate the specification against her. The testimony of SPC Jason
Warner indicates that while MSG Ginnan s inquiry othim, both about his need
for an attorney and his actual knowledge of the events of 12 May, was suspicious
it does not meet the criteria to validate this charge.
During the course of the hearing, testimony from SPC Diana Rider prompted
counsel for the government to request that the investigation be broadened to
include violations of Article 81, Conspiracy, and Article 134, Obstruction of
Justice , against all four of the accused. I granted that request over the objection of
all defense counsels. Aside from the testimony of SPC Rider, I do not feel that
further, sufficient evidence was presented to validate these charges. I, therefore
cannot report that a preponderance of the evidence suggests that these charges are
true.
g. I recommend that you proceed with a general court martial, charging the accused
with Violation of Article 92, both specifications, Violation of Article 93,
Specifications 1 and 2, Violation of Article 107 and its specification, and
Violation of Article 128 , Specifications 1 and 2.
3. Delays in proceedings:
a. 10 proposed original date of 28 July 03 for hearing. Defense coWlsels requested
delay to 5 September 03 due to schedule conflicts. 10 set date of 27 August
after consulting all counsels. Defense counsels acknowledged that the time would
not count against the speedy trial requirement of the government.
b, 28 August 03: Defense counsels requested additional time to prepare for EPW
witnesses and cm Special Agent testimony. 10 granted recess until 290800
August 03. At approx. 2000 Hrs, defense counsels requested further delay due to
problems accessing EPW witnesses. 10 granted further delay until 291300 August
03.
c. 29 August 03: Hearing recessed until arrival of additional witnesses on leave. Re-
convene at Camp Doha, KU
d. I September 03: Hearing recessed until 021300 September 03 for additional
witness. Further delayed until 021430 Sep 03 at request of defense counsels for
additional time to interview witness.
4. Defense and Govenunent Objections:
a. Defense: Defense counsels objected to introduction of sworn statement of SSG
Stephen Stallard in addition to his sworn testimony at the hearing. SSG Stallard
did not refer to his report during his testimony. 10 sustained objection lAW RCM
405(4)(g)(B), allowing introduction of sworn statements over defense objection
when the witness is not available.
b. Govenunent: Government counsel objected to defense line of questioning, asking
whether certain witnesses had been advised of their rights under Article 31 , or
were being investigated, or had been charged with violation of Article 32, DCMJ
Dereliction of Duty. 10 allowed defense counsels to ask this question due to its
relevance based on the testimony of the witnesses.
c. Defense: Government counsel requested to broaden the scope of the investigation
to include violations of Article 81 , UCMJ, 80, Conspiracy to Obstruct Justice, and
Article 134 , UCMJ , Obstruction of Justice, against all four of the accused, based
on testimony of SPC Diana Rider. Based on her testirnony, 10 allowed
government to broaden the scope of the investigation to include these two
charges.
d. Defense: Defense counsels perceived an allegation of impropriety in line
questioning by government counsel and asked that hearing area be cleared to
further discuss the matter. 10 cleared the courtroom of all spectators, including
the media. I was advised by the P AO representation of a potential violation of the
Freedom of Infonnation Act in doing so , since the hearing was declared open. My
legal advisor also suggested that other spectators carried the same weight as the
media. Both were allowed back in, although the government counsel assured all
parties that no such implied accusation was intended against any defense counsel
and withdrew any further line of questioning along these lines.
e. Defense: defense counsels objected to line of questioning by the government of
SA Renaud regarding a previous investigation by Renaud of MSG Ginnan as
irrelevant to the proceedings at hand. Government did not argue probative v.
prejudiced value of the questioning. I sustained the objection and disallowed the
questioning.
Defense: after the testimony of the final witness, SPC Emily Tanselle
government counsel asked that the scope of the investigation be broadened to
include violation of Articlell- and Obstruction of Justice. Government
withdrew its request for charge. I did not allow the inclusion of this
charge due to inadequate notice to the defense to prepare for the additional
charges.
5. While EPW witnesses have agreed to be available for further testimony, their release
might make it difficult to reach them once they have returned home.
6. During the course of this hearing, testimony from SSG Stephen Stallard, SGT Kenneth
Nilsson, SGT Mark Chaney, SPC Brian Taylor, and SPC Emily Tanselle indicated that
while the alleged incidents were occuning, they did not actively attempt to intervene as it
was their responsibility to do as soldiers, and in the case of Stallard, Nilsson, and Chaney,
as non~commissioned officers and leaders. Beyond SSG Stallard' s verbal attempts to stop
the abuse of these EPWs, nothing else seems to have been done. SGT Chaney
testimony that he turned away because he could not bear to watch this treatment is
especially disturbing. I recommend that you consider appropriate action with regard to
these soldiers and their evident failure to act to protect the enemy prisoners of war in their
charge or stop the mistreatment to which they have testified, under oath.
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