, LISA MARIE; MSG; - KINGSTON , SCOTT ALAN; SSG;...

...

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 YESD_~ 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


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


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





OSIA , 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



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,






2. With regard to SSG McKenzie, I make the following recommendations to the charges

and specifications alleged against him:


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


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


include violations of Article 81, Conspiracy, and Article 134, Obstruction of





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.


a. 10 proposed original date of 28 July 03 for hearing. Defense counsels requested


after consulting all counsels, Defense counsels acknowledged that the time would

not count against the speedy trial requirement ofllie government.


witnesses and crn Special Agent testimony. 10 granted recess until 290800


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



Defense and Government Objections:


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



b, Government: Government counsel objected to defense line of questioning, asking


were being investigated, or had been charged with violation of Article 32 , UCMJ,



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 RIGHT AGAINST SElF.INCRIMINATION UNOER ARTICLE 31


~- -

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 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


-'-

. 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.


'- - ._-

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~ ~-~PW CAMP BUCCA, IZ YESD_~ 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



TANSELLE. EMILY 4/SPC 223rd MP COMPANY YES


. HESSLER, MICHAEL YES


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


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


Freedom of Infonnation Act in doing so, since the hearing was declared open. My





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


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.


10. AT THE BEGINNING OF THE INVESTIGATION IINFORMEO THE ACCUSED OF: (Check appropriate answer) YES

THE CHARGErSI UNDER INVESTIGATION


THE RIGHT AGAINST SElF. INCRIMINATION UNDER ARTICLE 31


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 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)


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


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 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



TANSELLE , EMILY 4/SPC 223rd MP COMPANY YES


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


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


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


although defense coWlsels attempted to refute the testimony of certain witnesses and





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


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


include violations of Article 81 , Conspiracy, and Article 134, Obstruction of



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.


a. 10 proposed original date of 28 July 03 for hearing. Defense coWlsels requested





witnesses and CID Special Agent testimony. IO granted recess until 290800


03.


convene at Camp Doha, KU.

d. 1 September 03: Hearing recessed until 021300 September 03 for additional



4. Defense and Government Objections:



did not refer to his report during his testimony. 10 sustained objection IA W RCM



b. Government: Government counsel objected to defense line of questioning, asking


were being investigated, or had been charged with violation of Article 32, DCMJ,


relevance based on the testimony ofthe witnesses.


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


charges.

Defense: Defense counsels perceived an allegation of impropriety in line of




Freedom of Information Act in doing so , since the hearing was declared open. My





e, Defense: defense counsels objected to line of questioning by the government of


irrelevant to the proceedings at hand. Govenunent did not argue probative v.


questioning.

Defense: after the testimony of the fmal witness, SPC Emily TanseIle


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


6. During the course of this hearing, testimony from SSG Stephen Stallard, SGT Kenneth


while the alleged incidents were occuning, they did not actively attempt to intervene as it


as non-commissioned officers and leaders. Beyond SSG Stallard' s verbal attempts to stop






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


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.


10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropricue QlIJwer) YES

THE CHARGEIS) UNOER INVESTIGA TION


THE RIGHT AGAINST SElF.INCRIMINA TlON UNDER ARTICLE 31


--' -----

---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 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.)


- n

- - _

, poED NAME 0' INVESTl3ATING OFFICER b. GRADE c. ORGANIZATION

tfl

/p-

5/L

220th MILITARY POLICE BRIGADE APO AE 09366HRIS R. GENTRY

u. SIGNAfURE OF INVESTIGATING JFFICER /

h ..I.A f(

&,

-I:i7 vI e. om

uS'PPcv

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


. 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




R8II-_EPW CAMP BUCCA, IZ YES


EPW CAMP BUCCA, IZ YES~H__~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


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


DTD 16 MAY 03


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

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



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







2. With regard to MSG Lisa M. Ginnan, I make the following recommendations to the

charges and specifications alleged against her:


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

- ~

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


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




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.


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



b, 28 August 03: Defense counsels requested additional time to prepare for EPW

witnesses and cm Special Agent testimony. 10 granted recess until 290800



03.


convene at Camp Doha, KU

d. I September 03: Hearing recessed until 021300 September 03 for additional



4. Defense and Govenunent Objections:



did not refer to his report during his testimony. 10 sustained objection lAW RCM



b. Govenunent: Government counsel objected to defense line of questioning, asking


were being investigated, or had been charged with violation of Article 32, DCMJ




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


charges.

d. Defense: Defense counsels perceived an allegation of impropriety in line




Freedom of Infonnation Act in doing so , since the hearing was declared open. My





e. Defense: defense counsels objected to line of questioning by the government of


irrelevant to the proceedings at hand. Government did not argue probative v.


questioning.

Defense: after the testimony of the final witness, SPC Emily Tanselle


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


6. During the course of this hearing, testimony from SSG Stephen Stallard, SGT Kenneth


while the alleged incidents were occuning, they did not actively attempt to intervene as it


as non~commissioned officers and leaders. Beyond SSG Stallard' s verbal attempts to stop






, LISA MARIE; MSG; - KINGSTON , SCOTT ALAN; SSG;...

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