AR 15-6 Investigation re: Findings of Detainee Abuse

Investigation into abuse during prisoner transfer. Finds that one handcuffed and blindfolded detainee was either allowed to fall or pushed from the transport vehicle, resulting in injury as he landed on his side on the ground; that two detainees were kicked; and that the soldiers yelled and used excessive profanity. The abuse was explained by one soldier as retaliation and emotional response for the injuries. Investigator recommends counseling and retraining for the soldiers in question. The report includes sworn the statements of soldiers involved.

Doc_type: 
Investigative File
Doc_date: 
Monday, November 10, 2003
Doc_rel_date: 
Tuesday, March 22, 2005
Doc_text: 

DEPARTMENT OF THE ARMY
HEADQUARTERS. 4TH BATTALION. 1ST FIELD ARTILLERY 34 BRIGADE COMBAT TEAM, 1ST ARMORED DIVISION BAGHDAD. IRAQ
REPLY TO
ArrEvnota Or

AFZN-BB-FAB 10 November 2003
MEMORANDUM FOR RECORD
SUBJECT: Informal 15-6 investigation Findings
Background information: TF 2-70 conducted a raid on or abOut 16 September 2003 that resulted in the capture of approximately 5 detainees. The detainees were suspected of conducting an IED attack against TF 2-70 personnel that resulted in the severe injury of
2/A/1-41 IN 1.11.11/11111Pr and his driver. The lieutenant sustained to the complete loss of eyesight and the use of one arm and the driver sustained the loss of eyesight to one eye. The raid suspects were questioned, and the evidence and questioning indicated that the detainees were the people involved in the attack. Avalanche Company report that some of the platoons, including 1/A/1-41, do one day on for operations and patrols, then a down day where they would do detainee movement for the task force if it is needed. The 16 th of September was 1/A/1 -41's down day. On 16 Sep 03, TF 2-70 notified 1/A/1-41 to move the prisoners from the 2-70 holding area to TF 1-13 for further questioning by the 3BCT MIT team. They loaded up the prisoners and moved them to TF 1-13 detention facility. The rest of the events are in question. The report from the MIT team states: The 2%z ton truck pulled up at the detention facility and the 1/A11-41 personnel began unloading the detainees. At this time, the army personnel requested that two of the MIT members leave the area or look away, because these guys had severely injured two of their unit's soldiers. The members of the MIT team remained in place and watched anyway. The process was rough by pulling the prisoners of the trucks and laying them face down on the ground. All during this time, the soldiers were yelling at the prisoners who were zip cuffed and blindfolded. It is alleged that after three or four of the prisoners had been downloaded, the personnel on the ground helping to get the detainees off the truck continued to stand by the unloaded detainees on the ground, instead of returning to help with the last detainee. A soldier waited a moment for them to return before he pushed the detainee off the truck to fall to the ground from about 4 feet. He hit the ground on his side. Upon unloading, the soldiers gathered around them and
continued to yell at the detainees using profanity and harsh language. The MIT team reports witnessin two of the soldiers kick two of the detainees several times in the sides_ At this time, ays that she approached and insisted the activity stop immediately. It did after they told her that the guys did not kill her lieutenant. She then walked over and sat down while the 1/A11-41 personnel moved the people into the jail and filled out the paperwork. She insists that upon completion of the prisoner transfer, an NCO and LT asked a member of the MIT team what was ...Mr rank and who she was with. One of the MIT security personnel replied that she was an interrogator.
s aid they seemed concerned and made a point to make sure the
etainees looked "okay." The 1-41 Infantry personnel state that none of the detainees fell
from the truck and this event did not occur as stated by the MIT team whatsoever. Also,
they stated that no one was kicked, but that a soldier did use his foot to continue to roll

001619-

/5-73
DODDOA 027033
AFZN-BB-FAB SUBJECT: Informal 15-6 Investigation Findings
over a detainee that would not remain facedown. It may have appeared that he was kicking him_ They did admit to using profanity and harsh language, and that they were aware of the suspects' crime and emotions were running high. Upon returning to base,
41.111111/10Preported the incident of abusive actions; this resulted in the 15-6 investigation. The conduct of the investigation and findings are provided herein.
2. The findings of the investigation are as follows:
a.
Members of 11N1-41 IN, attached to TF 2-70, did use poor judgment and procedures during the prisoner drop-off on 16 September 2003.

b.
There was enough evidence based on interviews, to conclude that some abusive actions did take place by no less than three personnel at the detention facility, to include:

i. A detainee was either pushed or allowed to fall from a 2-'/2 ton truck while blindfolded and zip-cuffed.
ii. That at least two Caucasian soldiers did kick two detainees in a violent fashion as to cause severe discomfort or temporary pain, not with the intent to cause permanent disability or damage.
iii. That the soldiers yelled and used excessive profanity toward the detainees throughout the operation at a time when the detainees were of little threat (blindfolded and zip-cuffed); and at a minimum, the soldiers did not perform the operation with the utmost professionalism expected of our military by failing to preserve the dignity and respect for our prisoners.
iv. That the 1/N1-41 soldiers were aware that their actions were questionable or wrong during the operation.

c.
The operation's leadership was present and watched during the events, and failed to prevent it.

d.
There were several procedural issues that could have prevented the events on 16 September 2003 from occurring at the task force level. In the future, the investigation determined the following:

i, It is not recommended to have a unit transfer detainees suspected of conducting an attack that resulted in severe injuries to U.S. Army personnel of that same unit (in this case, 2/N1-41 received two casualties due to the attack by the detainees, and the sister platoon 1/N1-41 was given the job of transferring those prisoners.) Due to the sensitivity of the issue, leaders should protect the soldiers from themselves and have unbiased units deal directly with the detainees in situations like this. This includes the actual raid, handling of suspects, pre-interrogation, and movement of detainees.
ii. That some of the soldiers in TF 2-70 may perceive that the chain-of-command is endorsing "pay-back" by allowing the units most affected by suspected detainee actions to play the greatest role in bringing those suspects to justice. The investigation does not believe this is intentional on the part of the task force chain-of-command, but that the emotionally sensitive issue with the prisoner transferring unit (1/A/1-41) may have escaped their attention. It is simply noted because the chain-of-command may want to place heavy emphasis on proper prisoner handling from the
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AFZN-BB-FAB SUBJECT: Informal 15-6 Investigation Findings
top-down in order to ensure that this possibility, if existing, is eradicated as quickly as possible.
e. The investigation recommends the following actions to deal with the findings:
i. That inlaffiliand ammigfeceive counseling covering the treatment of detainees, professionalism and expectations of the command on future operations, and potential punishments under UCMJ on the events that occurred at the detention facility. ThatiMilli_andiMarreceive a formal letter of reprimand from the command, preferably at the Brigade level With TF Commander present, covering the events of this investigation to be put in their local file.
iii. That all soldiers in TF 2-70 undergo retraining approved by the 3BCT command, regarding the treatment of prisoners and Law of Land Warfare. Specifically, that the command emphasizes their position condoning it without question, and establishing a strong understanding that harsh punishments will be quickly and judiciously given should anything resembling war crimes be committed in the future.
iv. Finally, the TF 2-70 TOC establish procedures to be approved by the 3BCT Command, to ensure that units (Company Level and below) that receive casualties in enemy attacks are placed in minimal contact with prisoners believed to have conducted those attacks.
3. The investigating officer was asked.to answer or evaluate the following issues regarding this case:
a.
Investigate the facts and circumstances of an allegation that TF 2-70 AR soldiers abused detainees upon their delivery to the 3 BCT Detainee Holding Facility.

b.
Make findings as to the facts and circumstances of the incident and whether any TF 2-70 soldiers were abusive, used excessive force, or violated any rules of engagement.

c.
Make any recommendations as to whether disciplinary action is appropriate and if any changes to procedures or tactics are appropriate.

4. The findings to the investigation questions were determined based on the following evidence and statements (findings and justifications paired with questions a-c):
a.
The facts and circumstances are stated in the background section (paragraph 1) of this investigation, and included in the findings (paragraph 4.b.) it is believed to have occurred as stated iniMIIIMIF sworn statement, and corroborated by the other three members of the MIT team.

b.
The investigation determined that it is likely that the allegations did take place as stated by the MIT team. It is believed that one detainee did fall or get pushed out of the 2-1/2 ton truck and fail to the ground while blindfolded and in zip-cuffs. It is believed that at a minimum two of the personnel on-site did kick the detainees in their sides as they lay facedown on the ground. Finally, it's believed that the personnel used excess profanity and harsh abusive language during the operation that degraded the detainees' dignity. The following evidence was used to determine this finding:

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DODDOA 027035

AFZN-BB-FAB SUBJECT: Informal 15-6 Investigation Findings
i. The issue of a detainee falling from the truck: stated that when the 2-1/2ton truck pulled up there was a lot of yelling. She wanted to see what was going on, as well as what prisoners were being dropped off so she could prep for questioning. She stepped out from the guard shack area and witnessed the events she stated from approximately 10-15 meters away. Given the close proximity to the situation, her detail in describing the events, she was in a good location to see the events she described. She stated, 1 saw three detainees on the ground and a fourth being thrown out of the truck." (See Sworn Statement, 9 November). Three other MIT personnel on site reinforced this fact. 1111.11111rbf the MIT team, who was positioned approximately 75 meters from the rear of the-2 1/2 ton truck and had a straight line view to the events stated, "he could witness men in DCUs, but not close enough to see detail of faces or ranks" (during oral dialog with investigator, 9 November) agreed with ill" He stated, "Saw one person thrown from the back of the truck." See sworn statement, 9 November). IIIIMIlrand stated that they were about 15 meters from the truck and did have a good view of the unloading procedures. (See sworn statements, 9 November) affir
owalso stated, "Yes, saw a detainee fall out of the truck."(See sworn statement, 9 November) He admitted that he did not see the detainee thrown, but would agree that someone did fall out of the truck and hit the ground while blindfolded and zip-cuffed. (Oral dialog with investigator, 9 November) omit the fourth member of the MIT team stated, "No, he did not see someone fail from the truck," but that he saw them pulled roughly from the vehicle. (See sworn statement and during oral dialog with investigator, 9 November) The statement from alMris attributed to the likely event that he only witnessed the first three detainees unloaded from the truck and was focused on the personnel who unloaded them, who were at this time with the detainees on the ground yelling at them. The MIT team lacks any reason to report any events other than as they happened, credibility and motive are in their favor. The statements taken from 1/A11 -41 are all consistent in that no personnel were dropped from the truck. (See sworn statements, 9 November) However, it is noted that 11A11-41 personnel have the motive to state this was the case whereas; the MIT team has no motive one way or the other. Therefore, the facts stated by the MIT team were given more credibility in this case, but cannot be proven by physical evidence beyond the report of witnesses. IDENTITY OF PERSONNEL MOST LIKELY INVOLVED: The personnel in the truck during this event could not be proven beyond doubt. 111111111Irstated in his statement, He knew his guys wanted to kill these guys so he had the foresight to tell them not to get in the truck and handled it completely by himself, passing the prisoners from the truck to people on the ground. He also stated, "I was in the 2-1/2 ton truck and every one else was on the ground." (See Sworn Statement, and in oral discussion with investigator, 9 November) However, in other sworn statements of gliffrarand hey stated thatiMINWand.were the
DODDOA 027036

b (6)) 100)

AFZN-BB-FAB
SUBJECT: Informal 15-6 Investigation Findings,

personnel in the truck downloading the prisoners. (See Sworn Statements, 9 November) If this is the case, it is likely that either iori 1111/Fivo u id have been most likely in the position to have pushed or drop ed the detainee. Furthermore, it is noted that this decreased
credibility as he stated in his statement that he had foresight to prevent abuse and allow only himself in the truck, but his soldiers stated otherwise.
ii The issue of 1/A/1-41 IN kicking detainees in custody: Detainees in custody cannot be tortured or suffer any abuse at the hands of American forces, contrary, all prisoners must be protected and treated with dignity and respect as per the Law of Land Warfare, Rules of Engagement, and UCMJ Article 128 - Assault. After reviewing the facts, the investigation determined that at least two individuals on the ground, during the detainee operation kicked two detainees while they were blindfolded and zip-cuffed.
MINIIIMMEW(interrogator on the MIT team) determined that from her vantage point she observed two soldiers kicking the prisoners. She said the prisoners were yelling and crying. (Oral dialog with investigator on 9 November) She also stated, "Two soldiers were kicking the detainees in the ribs." When asked if the detainees did anything to warrant the execution of force to maintain control of the situation, she stated, "Absolutely not warranted." (See sworn statement, 9 November) The facts were reinforced by all three other members of the MIT team 41111111111"11111111.ancilMillr when asked if they witnessed any soldiers behaving aggressively toward the detainees and if yes, whether force was warranted to control the situation. All three stated they saw soldiers kicking the prisoners. (See sworn statements, 9 November) 111=11
illertated that he also believed they were pushing the detainees around a lot, and it was not really justified to maintain control. (See Sworn Statement, 9 November) 1111/..rexplained it was difficult for him to see because once the detainees were on the ground, the soldiers from 1/N1-41 gathered around them, yelling at them. He further said it appeared that some may have been kicking them, but it was hard to see through the crowd. (Stated in dialog with investigator, 9 Nov) Understanding that she was in close proximity as asked what actions she took to stop the situation.
She stated, "I first approached the two soldiers that were kicking the detainees and told them to stop. They did, saying, "They didn't kill your LTI" I asked a 2LT ( iidentified by picture during interview) if he was in charge, he said, "yes," and explained that the prisoners shot an RPG that hit a LT. I advised him that they (the detainees) were in my charge. I also advised
that prisoners will not be harmed." (See sworn statement, dated 9 November)
f the detention center for TF 1-13 AR stated in his sworn statement that what he remembered a member of the MIT team saying something about abuse, IlManiattated she was reporting
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AFZN-BB-FAB SUBJECT: Informal 15-6 Investigation Findings
2-70 AR for risoner mistreatment." (See sworn statement, dated 22 October). was inside the detention center working on paperwork at the time, and did not actually witness any impro er behavior. (See Sworn Statement, 23 October) However, the fact that did talk to him about it on the day it took place reinforces her credibility. Furthermore, the two members of the MIT team stated that they witnessed
1.11111.1Mrsay something to the 1/A/1-41 soldiers, but could not hear what was said. (See Sworn Statement, 9 November) -did not have a direct line of sight toalliliffalrand did not witness any dialog that took place, only the back of the 2-% ton truck. Also, the 2-70 detention stated that he did not witness abuse, but that he did see behavior that was rougher than "his style." (Stated in dialog with investigator, 9 November) Finally, the MIT team was asked to look at pictures of all the personnel from 11A/1-41 and 2-70 present that day to determine if they could determine who was committed the abusive behavior. All four members stated they could not be certain which person committed the acts beyond doubt; however, they stated the two individuals that they believed did kick the detainees were Caucasian. (See sworn statement, illawainy 9 Nov) Lastly, the onI pictures identified as people 1111111.1Mirrecognized for sure were ndair
imrand stated that they were present during the incident. (See Sworn Statement and in oral dialog with investigator, 9 November). During the interview she stated that.as present and that he did not go into the jail to fill out paperwork until after she had come over during the events to stop it. She stated that she then walked over and sat down fuming over the incident while he went inside to fill out the paperwork. Later she overheardIMIMPaskedMillarwho was and her rank. At his response of her being the interrogator, and that he could not tell them her rank, she stated said "Oh Shit" under his breath. (Said in dialog with investigator, 9 Nov 03) The TF 2-70 unit disagreed and stated something contrary to all other parties. First,
1111¦411rstated he went directly inside and did not witness the prisoner downloading operation. (See sworn statement, 9 November) They also stated that no one said anything to them regarding any issues of abuse, and it surprised them when it came up a few days to a week later. See sworn statements, 9 November). However, in dialog with during the investigation, he stated that he foresaw the possibility of this very issue occurring and took steps to prevent it. Furthermore, he stated, "that he asked 2 PFCs in the jail to inspect the prisoners to make sure they were okay." (See Sworn statement, 9 November) The fact that he wanted an outside inspection to ensure the prisoners did not have marks or injury is disturbing because it raises the suspicion that he was protecting himself after wrongful behavior. The behavior in question likely was not aimed at causing permanent damage, but rather to intimidate and cause short-term discomfort or pain. Similarly, much of the 7 personnel interviewed shared the same specifics regarding the case to include someone saying, "You
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DODDOA 027038

AFZN-BB-FAB
SUBJECT: Informal 15-6 Investigation Findings ,

guys are square," when asked if the unit was done and the prisoners were
okay. However, many did not remember dialog that took place or what
kind of swearing or interactions occurred on the scene. It is the belief of
the investigator that the unit discussed the incident prior to the
investigation and determined "the one story to tell" so that everyone would
be the same. It is common practice told among combat units that if a unit
comes under investigation that if the unit makes sure every one is on the
same page, nothing will come out of it. Again, this is simply speculation
and no facts can be produced beyond the similar specifics and omissions
between all seven personnel. Lastly, it is noted that the PA for TF 1-13,

ilinimpt was sent to inspect the detainees for abuse. He noted a scrape on a detainees shoulder injury (described as a abrasion) and a minor scalp laceration. The PA determined abuse did not occur at the jailhouse. During questioning, he said he asked the prisoners if they were abused while at the jailhouse. They said they hadn't; however, from the point of view of the prisoners, it occurred prior to them arriving. Also, they had blindfolds on during the.events, which limits their ability to state facts. Finally, abuse may have occurred in minor fashion, and the prisoners answered no because it was simply viewed as rough handling and a few cheap shots. Improper handling viewed by the American Military may be a very different idea than that of an Iraqi whose experience has been the former Saddam Regime. It is interesting to note that one detainee had a minor scuffmark on his shoulder and only one prisoner is reported of falling or being pushed out of the 2-Y2 ton truck. It is likely that the small abrasion occurred during this event. Furthermore, it is likely that all kicks were not delivered to cause major injury. In fact, during discussion withal/111W he said he specifically asked if the prisoners looked okay prior to leaving that day, which leads one to believe if he had allowed abusive behavior it would have been controlled to pass jailhouse inspection and not raise suspicion. it is noted that id not believe the prisoners were abused at the jailhouse. The investigation determined that given the possibility that the kicks to the sides did not leave marks and could still have occurred. Lastly, the investigation found records through the 3BCT 5-2 of the prisoners that were involved in this incident. The prisoners were referenced in sworn statement and are found under the list of 2-70's detainees from 16 SEP 03. The individuals are the following:
and AVM

The recor d from 3BCT S-2 shows that the individuals were released on 19 September to 2-70, except for prisoners 6515 and 6516, who were sent to the Division Interrogation Facility for further questioning. The DIF and Abu Ghurab Prison were contacted in order to find the detainees for questioning. Both facilities do not have the prisoners and further contact information was not available to contact them.
DODDOA 027039

max
.

AFZN-BB-FAB SUBJECT: Informal 15-6 Investigation Findings
The issue of abusive language and improper conduct toward detainees:
The investigation found that all parties agreed that there was a lot of
swearing and yelling toward the detainees during the unloading procedures
at the TF 1-13 detention facility. (See all sworn statements, 9 November)
Under UCMJ, Article 134 - Threat Communicating, the regulation states,
"That the accused communicated certain language expressing a present
determination or intent to wrongfully injure the person, property, or
reputation of another person, presently or in the future. That the
communication was known to the person, and that the communication was
wrongful. Finally that, under the circumstances, the conduct of the
accused was to the prejudice of good order and discipline in the armed
forces or was of a nature to bring discredit upon the armed forces." (UCMJ,
110. Article 134 — (Threat Communicating). Given the already rough treatment, it is the belief that the threat was communicated and enhanced by the unprofessional nature of dialog directed toward the prisoners. The detainees were all blindfolded and zip-cuffed. They did not present a threat to the ten 2-70 personnel on site The need for further intimidation, scare tactics, or verbal abuse was unwarranted for mission accomplishment. The United States Army states on its rules of engagement card, "Conduct yourself with dignity and honor." (Rules of engagement card) The investigation believes that the verbal tactics used at the detention center violated this aspect of ROE. The fact was enhanced during spoken dialog with ho stated, "Yes, common swear words were used," and spelled it capital letters on his sworn statement regarding whether it was common practice to yell at prisoners after arrest. He further stated that the prisoners were suspected of wounding men from his unit, hell yes he was.swearing and yelling at them. He further stated, that was how he did business, and he was not trained for peacekeeping missions. He was here (Iraq) for the war and if they wanted peacekeepers they could send him home, and replace his unit with units trained as peacekeeping! He wasn't going to change his tactics regarding swearing at detainees or using forceful tactics when handling prisoners. (Verbal dialog with investigator, 9 November).
c. Recommendations for punishment, corrective actions, and changes in procedures for future operations.
i.
(0
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DODDOA 027040

AFZN-BB-FAB
SUBJECT: Informal 15-6 Investigation Findings,

ii.
iv_

DODDOA 027041

DEPARTMENT OF THE ARMY
HEADQUARTERS, 3R1/ BRIGADE COMBAT TEAM, 1 ST ARMORED DIVISION Baghdad, Iraq . UNIT 92940, APO AE 09324-2940.
REPLY TO ( ATTENTION OF:
04-)veint3 ea. aoi) 3
AFZN-BB-CO

MEMORANDUM FOR IMOMMOr 1 st Field Artillery Regiment, 3 rd Brigade Combat Team, Baghdad, Iraq
SUB JECT: Appointment as Investigating Officer (Detainee Abuse, 16 Sep 03)
1.
You are appointed as an investigating officer IAW AR 15-6. You will investigate the facts and circumstances of an allegation that TF 2-70 AR soldiers abused detainees upon their delivery to the 3rd BCT Detainee Holding Facility, located at the TF 1-13 AR FOB, on 16 Sep 03.

2.
Use the informal procedures of AR 15-6. At a minimum, make findings as to the facts and circumstances of the incident. Determine whether the TF 2-70 AR soldiers were abusive towards the detainees, whether they used excessive force, and whether they violated any rules of engagement.

3.
You will also make any pertinent recommendations. At a minimum, you will make a recommendation as to whether any disciplinary action would be appropriate. You will also make a recommendation as to whether any changes to procedures or tactics would be appropriate.

4.
You will take sworn statements from all pertinent witnesses. If you suspect anyone of violating the UCMJ, you will inform them of their Article 31 rights, using DA FM 3881, prior to questioning or taking a statement. In addition, provide them with a Privacy Act statement, prior to soliciting any personal information.

5.
You may obtain legal advice from the Brigade Legal Advisor.

6.
Submit your findings and recommendations on DA FM 1574 to the Brigade Legal Advisor no later than 10 November 2003.

DODDOA 027042

DEPARTMENT OF THE ARMY
HEADQUARTERS, 3110 BRIGADE COMBAT TEAM, 1 5T ARMORED DIVISION

Baghdad, Iraq UNIT 92940, APO AE 09324-2940. I ( L
REPLY TO ATTENTION OF:

AFZN-BB-CQ 19 September 2003
MEMORANDUM FOR 11110111111111 111111.111111111111 1111.111. 1 st Field Artillery Regiment, 3 rd Brigade Combat Team, Baghdad, Iraq
SUB SECT: Appointment as Investigating Officer (Detainee Abuse, 16 Sep 03)
1.
You are appointed as an investigating officer IAW AR 15-6. You will investigate the facts and circumstances of an allegation that TF 2-70 AR soldiers abused detainees upon their delivery to the 3"I BCT Detainee Holding Facility, located at the TF 1-13 AR FOB, on 16 Sep 03.

2.
Use the informal procedures of AR 15-6. At a minimum, make findings as to the facts and circumstances of the incident. Determine whether the TF 2-70 AR soldiers were abusive towards the detainees, whether they used excessive force, and whether they violated any rules of engagement.

3.
You will also make any pertinent recommendations. At a minimum, you will make a recommendation as to whether any disciplinary action would be appropriate. You will also make a recommendation as to whether any changes to procedures or tactics would be appropriate.

4.
You will take sworn statements from all pertinent witnesses. If you suspect anyone of violating the UCM.I, you will inform them of their Article 31 rights, using DA FM 3881, prior to questioning or taking a statement. In addition, provide them with a Privacy Act statement, prior to soliciting any personal information.

5.
You may obtain legal advice from the Brigade Legal Advisor.

6.
Submit your findings and recommendations on DA FM 1574 to the Brigade Legal Advisor no later than 28 September 2003.

11111111Pir

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DODDOA 027043
a
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SWORN STATEMENT
For use of this form, see AR 190-45; the Proponent agency is ODCSOPS

I.I

LOCATION DATE TIME/ FILE NUMBER
Oqi,r0V077 rieto
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1111111111111111111W OR .
I. , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1. State your specif c locatio and acivities during the prisoner drop-off on 16 Sep 03.
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2.
Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 160C/hrs? Jfk

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, eitheraccidentally or maliciously?

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4.
Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the2 1/2 ton truck and their exact position in the operation? (example: SGT Snuffy was located just behind the 2 1/2 ton truckrecieving the prisoners after they were unloaded and consolidating them on the ground.)

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5. Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is itcommon practice to yell at prisoners upon or after arrest?
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6. Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? If so, please state specifically what.
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7. Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners, was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to thebody or head, striking, or combative actions.)
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8. Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of theprisoner drop-off operation, if so - what was said?
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EXHIBIT INITIALS OF fNG STATEMENT PAGE 1 OF .2- PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING STATEN. TAKEN AT.
DA TED CONTINUED.'. •

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES" WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMEAlr WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2_00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
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DODDOA 027044
(P,,!)
STATEMENT (Continued'

9. Did you witness any dialog between the detention NCOIC and any of the personnel dropping off prisoners? If so, please
state what was said to the best of your knowledge. ttO
10. Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be
arrested?
pc-

11. MIT Team only: Can you specifically identify any of the personnel by rank, facial recognition, or position at the scenewho you believe participated in the alleged abusive behavior or actions? If yes, please state to your best knowledge who youbelieve did the alleged behavior and specifically what you believe you witnessed them doing. If no, can you state to the best ofyour knowledge, the basic identifying characteristics of the people you believe were involved to include race, height, rants Maircolor, other identifying marks (tattoos) and specifically what you believe this person did.
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cok-ockg-1N1 . A sscr wits --irt&bq cr ik E sCc- t(r..ef) a of
cliv-01Z1 CrOA-440S RA-iv4 bVits ittivb E(-o t ,
1-01-6 `n-t-ith-cAti t t-fk.A-At -Dri-tvrk vits

12.
Can you specifically recall what was said during the "yelling episodes" reported in the alleged event? If so, please state
what was said and where it occurred at the scene.

13.
Is there anything you would like to add to the investigation at this time?

111111111111111rZ1-b 14.4 Oks Takt -113 "c,WA-Czt, 1A-(_v" ,41-fisc`' V5/ Sca,ieks tbscs4(Zocr Tik-47 eUrsiskS .
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE.. I FULLY UNDERSTAND THE CONTENTS.TIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND . OM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WIT . EWARD, WITHOUT THREAT OF PUNISHMENT. AND WITHOUT COERCION, UNLAWFUL INFLUENC. ENT.
Making Statement)
Subscribed nd sworn to efore me, a person authorized by law. toWITNESSES: administer oa s, this 9 day of t' "J. Tff.

at 3 s Fx:11

ORGANIZATION OR ADDRESS hire of Person Administering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEM
PAGE 2 OF 2. PAGES

USAPPC V2.00
001631

DODDOA 027045

RIGHTS WARNING PROCEDURENVAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LOCATION 4. FILE NO.
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A_ Rights
The investigator whose name appears below told me that he/she is with the United States Army 11111111111.11111111111 IAD
. and wanted to question me about the following offense(s) of which I am
suspected/accused; 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 his

Before he/she asked me any questions about the offertseisi, however, he/she made it clear to me that I have the following rights:
1.
1 do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For Personnel subject othe OCMJ t have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.

- or -(For civilians not subject to the UCM-1,1 I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins. If i am now wilting to discuss the offertsefs) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even it I sign the waiver below.
COMMENTS (Continue on reverse side,
Section B. Waiver
understand my rights as stated above. I am now willing to discuss the of fenseis) under investigation a g to a lawyer first and without having a lawyer present with me.
WITNESSES (/1 available)
la. NAME (Type or Print)
ORGANIZATION OR ADDRESS AND PHONE
2e. NAME (Type or Print). . T PED NAME OF INVESTIGATOR
•1111111111111Pr

ORGANIZATION OR ADDRESS AND PHONE ORGANIZATION OF INVESTIGATOR
Section C. Non-waiver
I do not want to give up my rights
I want a lawyer D I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT WA FORM 28231 SUBSEQUENTLY EXECUTED SY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE

(1041.632

DODDOA 027046

PART II - RIGHTS WARNING PROCEDURE
THE W RNING
1. WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a military
a. Your official position. lawyer detailed for you at no expense to you, or both.'
b. Nature of offense(s). - or -
c. The fact that he/she is a suspect/accused. (FOP civilians not subject to the UCMJ) You have the right to talk privately to a
2- RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
"Before I ask you any questions, you must understand your rights." you during questioning. This lawyer can be one you arrange for at your own
a. You do not have to answer my questions.er say anything.' expense, or if you cannot afford a lawyer and want one, a lawyer will be
b. 'Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins.'
criminal trial.' d. "If you are now willing to discuss the offense(s) under investigation,
c. (For personnel subject to the UCMJI You have the right to talk with or without a lawyer present, you have a right to stop answering
privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate.'
Make certain the suspect/accused fully understands his/her rights.

THE WAIVER '
`Do you understand your rights?" 'Do you want a lawyer at this time?`
(If the suspect/accused says 'no," determine what is not understood, and if (If the suspect/accused says 'yes," stop the questioning until he/she has a
necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no,' ask him/her the following question.)

"yes," ask the following question.)

"At this time, are you wilting to discuss the offensits) under investigation and "Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says "yes,' find out when and where. If the request present with You?" at the suspect/accused says "no," stop the interview and was recent Ae., fewer than 30 days ago), obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate en continue the interrogation, it the suspect/accused says 'no," or if the prior the other side of this form. If the suspect/accused says 'yes," have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
fermi

4 SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has skated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must he completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsecUaccused has made spontaneous incriminating statements before being properly advised of hisTher rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE: If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused,
WHEN SUSPECT/ACCUSED DISPLAYS /a/DECISION ON EXERCISING HIS OH
HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (Far example, do not make such comments as 91 you didn't do anything wrong, you shouldn't need an attorney.")

.
USAPA

REVERSE OF DA FORM 3881
DODDOA 027047

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
LOCATION

. , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1. State your specific location and activities during the prisoner drop-off on 16 Sep 03.
A. ts•-•-•-•-r,

S rJ s--cf iac_k Ii---d•-;
-2 1 ' 4 -eve S icfr

2. Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs?
Nitir

3. Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either
accidentally or maliciously?

a..,i-t,
.Z.)1(1C Irts-'11:,
4. Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 1/2 ton truck and their exact position in the operation? (example: SGT Snuffy was located just behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground.)

N/A

5. Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is it
common practice to yell at prisoners upon or after arrest?

.
=
• fi' •—el
S •
—t_ 6L rt
1.1•4

S••.
,D1 `1)v."‘A
6. Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? Ifso, please state specifically what.
1v,

7. Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners, was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to the body or head, striking, or combative actions.)
( 1,5 L 44".4--• eC.4..hra

-1--5; 1 -e..."1
8. Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of the
prisoner drop-off operation, if so - what was said? f i

/1./ 1 .

EXHIBIT INITIALS OF PERSO MAKING STATEMENT
PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF.TAKEN AT.DATED.CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE -OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2.00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
DODDOA 027048

STATEMENT (Continued)
9.
Did you witness any dialog between the detention NCOIC and any of the personnel dropping off prisoners? If so, please
state what was said to the best of your knowledge. 40,

10.
Did you believe that the prisoners dropped ff on 16 SEP 03 were guilty? If so, what do you believe they did to be

I
arrested?

Ahk

11. MIT Team only: Can you specifically identify any of the personnel by rank, facial recognition, or position at the scene
who you believe participated in the alleged abusive behavior or actions? If yes, please state to your best knowledge who you
believe did the alleged behavior and specifically what you believe you witnessed them doing. If no, can you state to the best of
your knowledge, the basic identifying characteristics of the people you believe were involved to include race, height, rank, hair
color, other identifying marks (tattoos),and specifically what you believe this person did.

rf-a,yrc Dz.c
12. Can you specifically recall what was said during the "yelling episodes" reported in the alleged event? If so, please state
what was said and where it occurred at the scene.

5-
13. Is there anything you would like to add to the investigation at this time? j
AFFIDAVIT
111111.1111111111111 , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 2--. 1 FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH. PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL I NDUCEME
aternenti
Subscribed and sworn to before me, a person authorized by law to

WITNESSES:
-
ecc'3
administer oaths, this q. day of
at

ORGANIZATION OR ADDRESS #111111111111111111111
1.5ture of Person Administering Oath)

-111
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT PAGE Z OF a PAGES
USAPPC V2.00
001635

DODDOA 027049
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
b

DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

1. LOCATION
2. DATE 3. TIME 4. FILE NO.

.(64)
NAM Hra MI! 8. ORGANIZATION OR ADDRESS

111111M•

6. SSN • 7 S
PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights

The investigator whose name appears below told me that he/she is with the United States Army 1111111.111110MIMMMIR1AD
• and wanted to question me about the following offense(s) of which I am

suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the of fensefs), however, he/she made it clear to me that I have the following rights:
1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
/For personnel subject oche UCMJ I have the right to talk privately to a Lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government Of a military lawyer detailed for me at no expense to me, or both.

-Of -

(For civilians not subject to the (.1CMJI I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning.] understind that this lawyer can be one that I arrange for at my own expense, or if / cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.

5. COMMENTS /Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offenseisi under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES af available, 3. SIGNATURE OF INTERVIEW -
la. NAME (Type or &Intl
b.
ORGANIZATION OR ADDRESS AND PHONE 4. SIGNATURE OF NVESTIGATOR

b.
ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR

2a. NAME (Type or Printl 5. TYPED NAME OF INV
m11111111111,

Section C: Non-waiver
1_ I do not want to give up my rights
0 1 want a lawyer 0 I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT OA FORM 2823/ SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
601.453e;

DODDOA 027050

PART ii - RIGHTS WARNING PROCEDURE
THE WARNING

WARNING - inform the suspect/accused of:
a. Your official position.
b. Nature of of fensefs).
c. The fact that he/she is a suspect/accused.

RIGHTS - Advise the suspect/accused of his/her rights as follows: `Before I ask you any questions, you must understand your fights.'
a.
You do not have to answer my questions or say anything.'

b.
"Anything you say or do can be used as evidence against you in a criminal trial.'

c.
(For personnel subject to the UCMJ/ 'You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This Lawyer

'Do you understand your rights?'
(If the suspect/accused says 'no." determine what is not understood, and if

can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you, or both'
-or (For civilians not subject to the UCMJ) You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer can be one you arrange for at your own expense, or if you cannot afford a lawyer and want one, a lawyer will be appointed for you before any questioning begins.'
d. if you are now willing to discuss the offense(s) under investigation. with or without a lawyer present, you have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if you sign a waiver certificate.'
Make certain the suspectlaccused fully understands his/her rights.

THE WAIVER
"Do you want a lawyer at this timer Ill the suspect/accused says 'yes,' stop the questioning until he/she has a

necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says 'no,' ask him/her the following question.) 'yes." ask the following question.! 'At this time, are you witting to discuss the offense(s) under investigation and Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer
(If the suspect/accused says "yes," find out when and where. If the request present with you?' (if the suspect/accused says "no," stop the interview and was recent (i.e., fewer than 30 days ago), obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspect/accused says "no,' or if the prior the other side of this form. if the suspect/accused says 'yes," have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
form.)

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning_ Make notations on the
waiver certificate to the effect that heishe has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: in all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsectiaccused has made spontaneous incriminating statements before being properly advised of his/her rights heishe should be told that such statements do not obligate him/her to answer further questions.
COMMENTS fContinuedi
2. II the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff
Judge Advocate should be contacted for assistance in drafting the proper rights advisal.
NOTE: If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: if during the interrogation, the suspect displays indecision about requesting counsel (far example, "Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect(accused from exercising his/her rights. (For example, do not make such comments as 'if you didn't do anything wrong, you shouldn't need an attorney.")

USAF•A V2.01
REVERSE OF DA FORM 3881
001.6'31'

DODDOA 027051

_.

-.

SWORN STATEMENT. r
I.I

For use of this form, see AR 190-45; the proponent agency is ODCSOPS
LOCATION DATE TIME FILE NUMBER
01Atos/ 0'2 i g'3 .15' LAST NAME, FIRST NAME MIDDLE NAME SOCIAL SECURITY NUMBER

Ammo

' _____10111111111.11111ff
ORGA

I. __11111.MIIIMIF WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
L

1. State your specific location and activities during the prisoner drop-off on 16 Sep 03.
i1 Ck.q ,-v.'e4-./I.7'-icc5-71e4 ..s'Va..-,6hi -,-,.1 . e t ‘, f if.de /4,4,-4.-
2. Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, I600hrs?

N / 4

3. Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either
accidentally or maliciously?

yes ,),.,„ (t.c -ttiiittf -/-6,Jk avA 43 -C . 4--ck. ,ck
i

4.
Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 1/2 ton truck and their exact position in the operation? (example: SOT Snuffy was located just behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground.)

5.
Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is it
common practice to yell at prisoners upon or after arrest?

7 5, w211 k1 col ci obSiifc,x I aki)v qie. k-AS vvct

6.
Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? Ifso, please state specifically what.

P/4
Ilo

7. Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners,was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to thebody or head, striking, or combative actions.)
4--, .t_it 5.Alt

--.1 ,, y‘ ,5,i/ssos 4 fl (:)q.ka 1......,:g K ickA,,s ..1-4 i?,, sc..'474
8. Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of the
prisoner drop-off operation, if so - 'what was said?

oi in -/k ,C-i4)'' eq ,/c*/et puc6.-elc1.
,

1L cSolcUirS ',vile! fu
/col gtif-cl .
EXHIBIT INITIALS OF PERSON M MENT
q.,-
PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OFcTAKEN AT cDATED cCONTINUED.'
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
AS ''PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL RE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2.00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
0561638,

DODDOA 027052
F
STATEMENT (Continued) ),
V4

9. Did you witness any dialog between the detention NCOIC and any of the personnel dropping off prisoners? If so, please
state what was said to the best of your knowledge.
10. Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be
arrested?

11. MIT Team only: Can you specifically identify any of the personnel by rank, facial recognition, or position at the scene
who you believe participated in the alleged abusive behavior or actions? If yes, please state to your best knowledge who you
believe did the alleged behavior and specifically what you believe you witnessed them doing. If no, can you state to the best of
your knowledge.,- he basic identifying characteristics of the people you believe were involved to include race, height, rank, hair

.

color, other identifying marks (tattoos) and specifically what you believe this person gici.
fire! c.,s LLT aS 601 veyv, , 6 07-acsCr 1VAI

r ft,cyei )
r
V-4./.
4-Leh 2-4c,c41111111,4 ...CI
rs

),i(_() I C .
12.
Can you specifically recall what was said during the "yelling episodes" reported in the alleged event? If so, please state
what was said and where it occurred at the scene.

13.
Is there anything you would like to add to the investigation at this time?

AFFIDAVIT
I. . , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON P GE 1 AND ENDS ON PAGE ‘7.-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
nature of Person eking Statement)
Subscribed and sworn to before me, a person authorized by law toWITNESSES: administer oaths, this CI .day of

at

ORGANIZATION OR ADDRESS tgnature of Person Administering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT PAGE 2 OF C — PAGES
USAPPC V2.00
001639

DODDOA 027053
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form. see AR 190-30; the proponent agency is ODCSOPS
tifi .),

DATA REQUIRED BY THE PRIVACY ACT. ,. ,
-...•

AUTHORITY:.Title 10, United States Code, Section 3012fg1
PRINCIPAL PURPOSE:.To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES:...Your Social Security Number, is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

. LOCATION 2. DATE 3. TIME 4. FILE NO.
po,,i UT 3 18r340

S ..NA., First, Mil 8. ORGAN DDRESS
. SSN 7. GRA US
PART I - RIGHTS WAIVER/NON-WAIVER LEH-I IFICATE
Section A. Rights
IAD

The investigator whose name appears below told me that he/she-is with the United States Army allIMINMOMErallEnar
and wanted to question me about the following offense(s) of which I am

suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the offensefs), however, he/she made it clear to me that I have the following rights:
1.
1 do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject othe UCMJ I have the right to talk privately to a lawyer before, during, and atter questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
-Or -
(For civilians not subject to the IJCMJI I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with

me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offenseisl under investigation, with or without a lawyer present. I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. i am now willing to discuss the ofienseisl under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If available! 3. SIGNATURE OF INTERVIEWEE
I a. NAME (Type or Print/
-----111111111111111111 I r—

4. INVESTIGATOR

b. ORGANIZATION OR ADDRESS AND PHONE
2a..NAME (Type or Print) 5. TYPED NAME OF INVESTIGATOR
11111111111111.9.

b . ORGANIZATION OR ADDRESS AND PHONE O. ORGANI TION OF INV TOR
Section C. Non-waiver
I do not want to give up my rights
0.I want a lawyer. 0.I do not want to be questioned or say anything

Z. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT OA FORM .?8.23) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE

t)0 16 4 0

DODDOA 027054

PART If - RIGHTS WARNING PROCEDURE
THE WARNING

WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a military
a. Your official position. tawyer detailed for you at no expense to you, or both.'
b. Nature of offense(s). -of -
c. The fact that he/she is a suspect/accused. (For civilians not subject to the VCMJI You have the right to talk privately to a
RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
`before f ask you any questions, you must understand your rights.' you during questioning. This lawyer can be one you arrange for at your own
a. You do not have to answer my questions br say anything.' expense, or if you cannot afford a lawyer and want one, a lawyer will be
b. "Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins."
criminal trial.' d. if you are now willing to discuss the offense(s) under investigation,
c. (For personnel subject to the UCMJI You have the right to talk with or without a lawyer present, you have a right to stop answering
privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate.'
Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
"Do you understand your rights?'
(If the suspect/accused says "no," determine what is not understood, and if
necessary repeat the appropriate rights advisement. If the suspect/accused says
'yes,' ask the following question.)
'Have you ever requested a lawyer after being read your rights?"
III the suspect/accused says 'yes,' find out when and where. If the request
was recent (i.e., fewer than 30 days ago), obtain legal advice whether to
continue the interrogation. If the suspect/accused says "no," or if the prior
request was not recent, ask him/her the following question.)
SPECIAL

WHEN SUSPECTIACCUSED REFUSES TO SIGN WAIVER CERTIFICATE; If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offenseis) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT RE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR (NCRIIVIINAT/NG STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate hint/her to answer further questions.
COMMENTS (Continued)
-Do you want a lawyer at this time?"
(If the suspectlaccused says "yes,' stop the questioning until he/she has a
lawyer. If the suspect/accused says "no,' ask him/her the following question.)

"At this time, are you wilting to discuss the offense(s) under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?' Of the suspect/accused says 'no," stop the interview and haVe him/her read and sign the non-waiver section of the waiver certificate on the other side of this loan. If the suspect/accused says 'yes." have him/her read and sign the waiver section of the waiver certificate on the other side of this
form.!

NSTRUCTIONS
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights ad visal.
NOTE: if I or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, "Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspecUaccused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as if you didn't do anything wrong, you shouldn't need an attorney.")

.
USAPA V2.01
REVERSE OF DA FORM 3881
001641

DODDOA 027055

$

SWORN STATEMENT ,
For use of this form, see AR 190-45; the proponent a enc is ODCSOPS .
LOCATION DATE TIME FILE NUMBER

R KW IL) 5

LAS LE NAME SOCIAL SECURITY NUMBER GRAD S
¦
ORGA TION OR A SS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

1. State your specific location and • s during the prisoner drop-off on 16 Sep 03.
/Mr
I f.‘..4-;_s-411-ilfr e et.,,,r 4 flY .1i,,,,..cliessc/4,,, 1c,,.5 ,6, 1 c 'r.-.. 7 IA .e_. ;,. -. A, -1

7214 P]" a_s-,...,,,,/

2. Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs?
AV4

3. Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either
accidentally or maliciously?
ii

. -1-kti.illefAi/d.1-1?7,41 hie,c
i4 11,4 , -ccif.-c/he 1-P,-, { .A
4.
Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 1/2 ton truck and their exact position in the operation? (example: SOT Snuffy was located lust behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground.)

'0

5.
Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? is it
common practice to yell at prisoners upon or after arrest?

:les.iv.1 . , k './r/1171..' ' i-eAerf,tehEr; fir.r.14‘..- .._
€16.c5.e.e`A:21yi le.
6. Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? If
so, please state specifically what.
4,1..,

/hi,/ 1,, re.th 14141 i6.z,'1'
c‘f ked

7. Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners, was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to the body or head, striking, or combative actions.)
Ye -5cPe/c441?'41c1 he /1civ ]t11 1).-icrche.di.994',,,- i',,-ke.,/ A i.,
c1 .1e ilcs-itka.
/ e

8. Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of the
prisoner drop-off operation, if so - what was said?

1111111111111111, 0.--,ivq-el_ ,1 f.cff c'44.y 01 c.-_.I
-k-fi 52,,Ce7 ,d5, A
co = ,./id ./7.D.)1-.—1,:vi, r,^

EXHIBIT IN.RSON MAKING STATEMENT
PAGE 1 OF.'2.PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING -srATEMENT OF.TAKEN AT.DATED.CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
AS PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
STATEMENT-WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.

r ......—......h
.
LISAPPC V2.

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
001642

DODDOA 027056
STATEMENT (Continued)
.)2

(6),.bp)
9. Did you witness any dialog between the detention NCO1C and any of the personnel dropping off prisoners? If so, please
state what was said to the best of your knowledge.
10. Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be
arrested?

11.
MIT Team only: Can you specifically identify any of the personnel by rank, facial recognition, or position at the scenewho you believe participated in the alleged abusive behavior or actions? If yes, please state to your best knowledge who youbelieve did the alleged behavior and specifically what you believe you witnessed them doing. If no, can you state to the best ofyour knowledge, the basic identifying characteristics of the people you believe were involved to include race, height, rank, haircolor, other identifying marks (tattoos),and specifically what you believe this person did.

12.
Can you specifically recall what was said during the "yelling episodes" reported in the alleged event? If so, please state
what was said and where it occurred at the scene.

13.
Is there anything you would like to add to the investigation at this time?

AFFIDAVIT
I. IIMINIMPIW .• HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE ;\ . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INF N E, _ OR UNLAWFUL INDUCEMENT.
(Signature of Person Making Statement)

WITNESSES: Subscribed and sworn to be lore me, a person authorized by law to
administer oaths, this .day of . • -14ACC 1
at 31k-t-

ORGANIZATION OR ADDRESS. nature of Person Administering ath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS. (Authority to Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT PAGE Z. OF.PAGES
USAPPC V2.00
001643

DODDOA 027057

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS q tri )) 9 (1,?.)
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(91
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

1. LOCATION 2. DATE 3. TIME 4. FILE NO.
C3 (63

8. ORGANIZATION OR ADDRESS
41111111111111&
7.

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. flights

The investigator whose name appears below told me that he/she is with the United States Army IAD

and wanted to question me about. the following offense{s) of which I am
suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
1.
f do not have to answer any question or say anything.

2.
Anything i say or do can be used as evidence against me in a criminal trial.

3.
(For personnel sublect oche UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed far me at no expense to me,
or bath.

- Or -fFor civilians not subject to the VOW/ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if f cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. if 1 am now willing to discuss the offensels) under investigation, with or without a lawyer present, i have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if i sign the waiver below.

5. COMMENTS (Continue an reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES /If available] 3.
la. NAME (Type or Print)
b.
ORGANIZATION OR ADDRESS AND PHONE 4. SIGNATUR OF INVEST ATQR

b.
ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR

2a. NAME (Type or Print) 5. TYPED NAME OF INVESTIGATOR

eilig111111111NP

Section C. Non-waiver
1. I do not ward to give up my rights

El I want a lawyer do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 29231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001844

DODDOA 027058
PART if - RIGHTS WARNING PROCEDURE
THE WAFINING

i. WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a military
a. Your official position. lawyer detailed for you at no expense to you, or both."
b. Nature of offense(s). - or -
c. The fact that he/she is a suspectJaccused. For cisaYaris not sub,iect to the VOW) You have the right to talk privately to a
2. RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
"Before I ask you any questions. you must understand your rights." you during questioning. This lawyer can be one you arrange for at your own
a. 'You do not have to answer my questions or say anything." expense, or if you cannot afford a lawyer and want one, a lawyer will be
b. "Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins.'
criminal trial.' d. 'If you are now willing to discuss the offense(s) under investigation,
c. (For personnel subject to the LICK)) 'You have the right to talk with or without a lawyer present, you have a right to stop answering
privately to a lawyer before, during, and alter questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate.'

Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
"Do you understand your rights?" `Do you want a lawyer at this time?'
(If the suspect/accused says `no." determine what is not understood, and if (If the suspect/accused says "yes.' stop the questioning until he/she has a necessary repeat the appropriate rights advisement. If the suspect/accused says • lawyer. If the suspect/accused says "no." ask him/her the following question.) 'yes,' ask the following question.)
"At this time, are you willing to discuss the offense(s) under investigation and

Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says "yes,' find out when and where. If the request present with you?' (if the suspectIaccused says "no," stop the interview and was recent fewer than 30 days ago!, obtain legal advice whether to haire him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspect/accused says "no," or if the prior the other side of this forrn. If the suspect/accused says "yes,' have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
form.)

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
histher rights, does not went a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. if the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. if the suspectfaccused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE: lI 1 or 2 appties, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney.")

•¦•¦¦•¦••• ¦•¦¦.1...... •¦••
USAPA V2.0t
REVERSE OF DA FORM 3881
001645

DODDOA 027059

(79

SWORN STATEMENT
For. use of this form, see AR 190-45; the proponent aency is OOCSOPS LOCATION DATE TIME FILE NUMBER
F-Tc-Q-70 AA 1,1)}03 1011
LAS IDDLE NAME SOCIAL SECURITY NUMBER RADE/STATUS
dmmmimtlIMISINsw
. R ADDRESS mum
• WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

1. State your specific location and activities during the prisoner drop-off on 16 Sep 03_
z..) I QCA 00 r..1
2.
Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs?

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either

accidentally or maliciously?

, A 0 4.
4. Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 112 ton truck and their exact position in the opeation? (example: SGT Snuffy was located 'ust behind the 2 1/2 ton truck
reciev-the the were unloaded and consolidating them on the ground.)

r
-t,

5. Did you witness any obscene language or unprofessional language directed at the prisoners, if so - whit was it? Is it
common practice to yell at prisoners upon or after arrest? ki

L.).1 z-r et.
( • t

r_ yej 40 pp/1.10 yr ks r11
j,-F:. ¦:0,1
Q' '14T

6. Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? If
so, please state specifically what. Ts

T-4 c it, 3t---1-
f
fru Ind,

7. Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners,
was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to the
body or head, striking, or combative actions.) S 1 1.

p.f 1001-tinr 4 ¦I ilbrr.
r\o,dr-t-tr-1 f / -q" tridiu; r 0 •-1

n 0,1

A-
tctuiis“, 42-AZ,y,r,: ).:

Ith) (17 API Acv0.13 rkkAT Cok-i") Oe-PtiZtictoci)­

1111r.

8. Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of the
prisoner drop-off operation, if so - what was said? 7c 1,11-.,1-r-

"!— on,hr
e-U-e-rxi 1-je-, 4 f7 'aye r-//

EXHIBIT INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF :2 PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN A r DATED CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE

STATEMENT AND BE INITIALED AS "PAGE - OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2.00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
001646

DODDOA 027060
STATEMENT (Continued) ( tl, b k..
9. Did you witness any dialog between the detention NCOIC and any of the personnel dropping off prisoners? If so, pleasestate what was said to the best of your knowledge. 1 :
,_1

10. Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to bearrested? Li t Lie,- Vd i1 --1:,_.,,- i e ,,I i-„t",1,-.) 4,-..- . ,,,) ,,,--.: n•- - d t. s-r 4 1 ; , ,.. 1--._ g . 0
,._.)

ALI- L: 4-:- A ,„ „.1 i_j_ e ii- 1,-.),---1, 9-ic. A ?, b
c,—, 1"-.A.,..
1 c!-,t
7
_.,

11. Is there anything you would [ike to add to the investigation at this time?
r
Y

Y, c:c4-ie,n3 i-s_)ee'r" i:z447-54-lun:L^4sy
ejj 4 l'eY

r-,rd •4' cli c)
4-N , c,(1,„: 1
IJI). NA: 1 eri:

-Re' .1 6 D KC:4n
1

' cl.€4c.‘‘
\v.
--1-‘r

AFFIDAVIT 1, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1 AND ENDS N PAGE 2 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
e of Person Making Statement)

WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this -/ day of :,..).:,$) !,
at

! 41111111111110111P-------
ORGANIZATION OR ADDRESS! (Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS! (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
2
PAGE , PAGES
I d OF
USAPPC V2.00
001647

DODDOA 027061
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For use of this form, see AR 190-30: the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: Title 10, United States Code, Section 3012(g) To provide commanders and law enforcement officials with means by which information may be accurately identified. Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary.

PART I -RIGHTS WAIVER/NON-WAIVER CERTIFICATE Section A. Rights
1111111Mill IAD

The investigator whose name appears below told me that he/she is with the United States Arm
and wanted to question me about the following offensels) of which 1 am

suspected/accused: _15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
1.
I do not have to answer any question or say anything.

2.
Anything f say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject adze UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning- This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, or both. -

-Cr -(For civilians not subject' to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins. If I am now willing to discuss the offenselsi under investigation, with or without a lawyer present. I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even it I sign the waiver below.
. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the olfensets) under investigation and make a statement without talking to a lawyer first and without
having a lawyer present with rne. 1-WITNESSES (If available., 3. SIGNATURE OF INTERVIEWEE
la. NAME (Type or Print,
b. ORGANIZATION OR ADDRESS AND PHONE 4. MOW SIGNATURE OF INVESTIGATOR

2a. NAME (Type or Print, 5.TYPED NAME OF INVESTIGATOR IMIIIIIIIIIIIII
b. ORGANIZATION OR ADDRESS AND PHONE 8. ORGANIZATION OF INVESTIGATOR
MIIIIIIIIMINIW Section C. Non-waiver I do not want to give up my rights want a lawyer . I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED LISAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
061648

DODDOA 027062

PART II - RIGHTS WARNING PROCEDURE
THE WARNING

WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a militry
a. Your official position, lawyer detailed for you at no expense to you, or both.'
b. Nature of offense(s). - or -
o. The fact that he/she is a suspect/accused. (For civilians not subject to the VOW) You have the right to talk privately to a
RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
'Before . I ask you any questions. you must understand your rights.• you during questioning. This lawyer can be one you arrange for at your own
a. You do not have to answer my questions or say anything.' expense, or if you cannot afford a lawyer and want one. a lawyer will be
b. 'Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins."
criminal trial." d. "If you are now willing td discuss the of fensels) under investigation,
c. (For personnel subject to the UCMJ) You have the right to talk with or without a lawyer present, you have a right to stop answering
privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate."

Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
`Do you understand your rights?" "Do you want a lawyer at this time/'
(If the suspect/accused says 'no,` determine what is not understood, and if (If the suspect/accused says 'yes," stop the questioning until he/she has a
necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no,' ask him/her the following question,/
"yes,' ask the following question.1

At this time, are you willing to discuss the offense(s) under investigation and 'Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer Of the suspect/accused says "yes,' find out when and where. If the request present with you?" flf the suspect/accused says "no," stop the interview and
was recent (:13., fewer than 30 days ago/. obtain legal advice whether to have hinvher read and sign the non-waiver section cd the waiver certificate on continue the interrogation. if the suspect/accused says "no.' or if the prior the other side of this form. if the suspectIaccused says "yes," have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
form.)

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETE!) IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS;
I. If the supsectlacoused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advisal.

NOTE: If I or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR
HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lawyer."). further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney.')
USAPA V2.01
REVERSE OF DA FORM 3881
001649

DODDOA 027063

r,pl¦Mmimpft¦jp.

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is OOCSOPS
LOCATION DATE TIME FILE NUMBER

Me OilJou 0.1 ( 0 ti
LAST N-E FIRS SO-RITY NUMBER GRADE/STA
--\
ORGA-0-DD

1. , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
1111111111=1.1r­
1. State your specific location and activities during the prisoner drop-off on 16 Sep 03.
T. of 7.'h. To., Tr,. -it -&Nat off':flu•c..._:D. rzAs (),40-&-100.
p 1

2.
Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs?

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either

accidentally or maliciously?
7. "-c-Ottc..:Ze %.,,cNI. I 1-“c.1 Fro— r---,e "true-14 Is 1L--E yo a... ci
4. Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 1/2 ton truck and their exact position in the opeation? (example: SOT Snuffy was located just behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground.) X t,,,,-..s-i 4-._--1t,-...-Z i t .-1.

OCt1.--.....‘6.-../ :-..--. 3 Pr: Sr:H..4A tr.....-e..,-.1 o 1...A.. .c.1 ye 1.-...5 Q`-,,--11,,c 9(otA .
1

5.
Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is it
common practice to yell at prisoners upon or after arrest? y.e 5 1 cco...,......— 5'^' ea". Lior1.3. y/ E I

6.
Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? If

so, please state specifically what. -1-Lel-k., cc t-t.c.; 4., 5 ,0„. r_ pope,-, , not 4../..--4:."-1 to 9a-4-`' .-l"
64-.4406L-ti

n',1 $-,..4 t-le"..t--76­

ts-P -rt---t. -Tt d c.-iL .-O -SolA.: ee,
i›r:sc),e, ea..._ w:-Fol
N:i...la . 06,...f., Sol 1.:ri- j-j4.ISL
k'e-#(1--1Stl. el ''')­
7.
Did you witness any soldier participating in the prisorier drop-off operation acting aggressively towards any of the prisoners,
was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to the
body or head, striking, or combative actions.) fu O.

8.
Did you witness any dialog between the MIT tea and -s from TF 1-13 or TF 2-70 during any aspect of the prisoner drop-off operation, if so - what was said? .So.: 1,-v...tc. cyccl ro 6-.-:•N; (...er 'to "r1,-A-

C').6:•,..eS,!1-Qtrc-41,-0, "% !ct.t.tztl!I-!PCC's!I•,.-'ILA--3-ex'..k "-r-0-;....q0c..c.t--0.---,...pr-:-.•-¦9 c•J` 4 ro
cc-3 0,,,•1. " )1 0., .50.45 0.4-_c_ 41, „ ^ r_c e

0,-..,K1,44-Surt-r‘....t.., ,,,,, ar( vg. Tf-xl
EXHIBIT INITIALS OF PERSON MAKING STATEMENT
PAGE 1 OF-PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS PAGE - OF PAGES" WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL BE LINED our, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, t JAN 68, WHICH WILL BE USED. -USAPPC V2.00
001650

DODDOA 027064

STATEMENT (Continued)
9.
Did you witness any dialog between the detention KCOIC and any of the personnel dropping off prisoners? If so, please

state what was said to the best of your knowledge. S-er O . %

10.
Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be

arrested? Yes-
11. Is there anything you would like to add to the investigation at this time? o_ or i see...A-t-A. Qe
rNtas .11, e!Se t S Ob e),, r-5.a. 6 "rt—t- y o r c V--to-, ei!-
AFFIDAVIT
-, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON-D ENDS ON PAGE -_. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF ENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR U-EMENT.

(Signature of Person Making Statement)

WITNESSES: Subscribed and sworn to before me, a person authorized by Iaw to administer oaths, this GIday of -k -,
at

ORGANIZATION OR ADDRESS F &nature of Person Administering Oath)
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE-OF-PAGES
USAPPC V2.00
001651

DODDOA 027065

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement dfficiafs with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

PART I - RIGHTS WAIVEFIMON-WAIVER CERTIFICATE
Section A. Rights
11111111.111111111=1111.111111_

The investigator whose name appears below told me that he/she is with the United States Army
_ and wanted to question me about the following offensefs) of which I am

suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the offensets), hoWever, he/she made it clear to me that I have the following rights:

1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3 (For personnel subject othe LICArli 1 have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expanse to the Government or a military lawyer detailed for me at no expense to me. or both.
- or -/For civilians not subject to the LiCmj) I have the right to talk privately to a lawyer before, during, and alter questioning and to have a lawyer present with me during questioning. ] understand that this lawyer can be one that I arrange for at my own expense, or if 1 cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins. If I am now willing to discuss the of fensefS4 under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even it 1 sign the waiver below.
. COMMENTS (Continue on reverse side)
Section B. Waiver
1 understand my rights as stated above. I am now willing to discuss the offenseis) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (ll available/ 12. VIEWEE
la. NAME (Type or Pant)
ORGANIZATION OR ADDRESS AND PHONE SIGNATURE OF INVESTIGATOR
2a. NAME (Type or Print) 5. TYPED NAME OF INVESTIGATOR
ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR

imumpo,

Section C. Non-waiver
1. do not want to give up my rights
0 1 want a lawyer 0 I do not want to be questioned or say anything
SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (19A FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001652

DODDOA 027066

PART li - RIGHTS WARNING PROCEDURE
THE WARNING

1. WARNING - Inform the suspect/accused of:
can be a civilian you arrange for at no expense to the Government or a military
a. Your official position.
lawyer detailed for you at no expense to you, or both."

b.
Nature of offense(s). -or

c.
The fact that he/she is a suspect/accused. For civilians not subject to the ULM)) You have the right to talk privately to a

2. RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with 'Before I ask you any questions, you must understand your rights.'
you during questioning. This lawyer can be one you grange for at your own
a.

"You do not have to answer my questions or say anything.' expense, or if you cannot afford a lawyer and want one, a lawyer will be
b.
'Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins."
criminal trial.'

d. If you are now willing to discuss the offensels) under investigation,

c.
(For personnel subject to the UCMJI 'You have the right to talk

with or without a lawyer present, you hive a right to stop answering privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate."
Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
"Do you understand your rights?'
"Do you want a lawyer at this time?' (H the suspect/accused says 'no," determine what is not understood, and if (If the suspect/accused says "yes," stop the questioning until he/she has a necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no," ask him/her the following question.) "yes.' ask the following question.)
At this time, are you willing to discuss the offense(5) under investigation and
Have you ever requested a lawyer after being read your rights?'

make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says 'yes,' find out when and where. If the request present with you?" (If the suspect/accused says "no, -stop the Interview and was recent fZe., fewer than 30 days ago),
obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspectiaccused says 'no," or if the prior the other side of this form. If the suspect/accused says 'yes,' have him/her read request was not recent, ask him/her the following question.)
and sign the waiver section of the waiver certificate on the other side of this form,)

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: if the
-suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offensefs) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFiCATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. if the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions .
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE: If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspecUacCused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR
HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lavvyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "if you didn't do anything wrong, you shouldn't need an attorney.")

USAPA V2.01
REVERSE OF DA FORM 3881
001653

DODDOA 027067

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
LOCATION LAST NAME, FIRST NAME, MIDDLE NAM DATE 07,4V(73 TIME MEER FILE NUMBER
ORGANIZATION OR ADDRESS

WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

I. —1111=11111111111=111..------
1. State your specific location and activities during the prisoner drop-off on 16 Sep 03.
cl kz c lC

2.
Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs?
IA 4)

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either
accidentally or maliciously? iv =4: i, A 1.24_ ,5,

a
(-CPI j 6 P\tP e 1/d

4. Can you please state, to the best of your memory, .who on site participated in the unloading of prisoners from the
2 1/2 ton truck and their exact position in the opeation? (example: SGT Snuffy was located just behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground11.11111111k

e

W'r!04,-.1 , —;
tt t 11111.11111.11111p-'1kL
4° 4.. 4 t.,:r

5. Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is itcommon practice to yell at prisoners upon or after arrest?.*
cr

6.
Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? Ifso, please state specifically what.

7.
Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners,was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to thebody or head, striking, or combative actions.) tie

8.
Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of theprisoner drop-off operation, if so - what was said?*

EXHIBIT INITIAL ON MAKING STATEMENT
PAGE 1 OF !PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING -STATEMENT OF:TAKEN AT:DATED:CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL SE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2_00

DA FORM 2823, JUL 72-SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED. !
001654

DODDOA 027068

( t4 \
•)
to)(
4
STATEMENT (Continued)

9.
Did you witness any dialog between the detention NCOIC and any of the personnel dropping off prisoners? Irso, 'please

state what was said to the best of your knowledge. 49

10.
Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be

arrested? y

5 4f c„„ e. ke y C,4 5 cet..5,4 J --fa
re:1,-/-') e rrs

o te.1 0-tr‘..7/
11. Is there anything you would like to add to the investigation at this time? N o
AFFIDAVIT
1. ___ONammiiMINI¦ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE -. 1 FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, 0 UNLAWFUL UCEMENT.
eat)
Subscribed and sworn to before me, a person authorized by law to
administer oaths, this day of t¦-k' L . I cc-3
at WITNESSES:

ORGANIZATION OR ADDRESS -1111111.1111111W­
tgnature of Person Administering Oath)

-1111.11111.1111W----
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS-NG STATEMENT
PAGE ---4f OF L PAGES

001655 USAPPC V2.00 DODDOA 027069
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE ti
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT

AUTHORITY: Title 10, United States. Code, Section 3012(g)
PRINCIPAL. PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

LZTION 2.-DATE-3.-TIME FILE NO.
A / e7,04.4' z'" J
NAME (Last,. First, MU 8. ORGANIZATION OR ADDRESS
PART I -RIGHTS WAIVER/NON -WAIVER CERTIFICATE
Section A. Rights
111111111111.1.1.111M1PlAp__

The investigator whose name appears below told me that he/she is with the United States Army
-and wanted to question me about the following offense(s) of which / am
suspected/accused: 15-fiQuestioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 111'S

Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
1.
1 do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject lathe UCMJ I have the tight to tali( privately to a lawyer before. during, and alter questioning and to have a lawyer present with me during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, or both.

-or (For civilians not subject to the LICAul I have the right to taIk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if 1 sign the waiver below.
. COMMENTS (Continue on reverse side)
Section-Waiver
understand my rights as stated above, am now willing to discuss the offensels) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If availablei . SI ATURE OF INTERVIEWEE
la. NAME (Typo or Fain')
ORGANIZATION OR ADDRESS AND PHONE . S1GNATUR F INVESTIGATOR
maimpomm.

2a. NAME (Type or Print)
ORGANIZATION OR ADDRESS AND PHONE ORGANIZATION OF INVESTIGATOR
11111111100w-

Section C. Non-waiver .-I do not want to give up my rights ID-I want a lawyer do not want to be questioned or say anything SIGNATURE OFINTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (/24 FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001656

DODDOA 027070

PART Il -RIGHTS WARNING PROCEDURE THE WARNING
WARNING - Inform the suspect/accused of: a. Your official position. can be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you, or both.'

b.
Nature of offense(s).

c.
The fact that he/she is a suspeoUaccused.
RIGHTS - Advise the suspect/accused of his/her rights as follows:
"Before I ask you any questions, you must understand your rights."

a. 'You do not have to answer my questions or say anything.'
b. 'Anything you say or do can be used as evidence against you in a
criminal trial.'
c. (For persongel subject to the UCMJ) "You have the right to talk
privately to a lawyer before, during, and after questioning and to
have a lawyer present with you during questioning. This lawyer

'Do you understand your rights?'
(If the suspect/accused says -no," determine what is not understood, and if

- or -(for civdiarts not subject to the tiCAAJJ You have the right to talk privately to a lawyer before, during, and atter questioning and to have a lawyer present with you during questioning. This lawyer can be one you alYarige for at your own expense, or if you cannot afford a lawyer and want one, a lawyer will be appointed for you before any questioning begins."
d. "if you are now wilting to discuss the offense(s) under investigation, with or without a lawyer present, you have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if you sign a waiver certificate."
Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
'Do you want a lawyer at this time?'
(If the suspect/accused says "yes,' stop the questioning until he/she has a

necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no," ask him/her the following question.) "yes," ask the following question.) 'At this time, are you willing to discuss the offense(s1 under investigation and
Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says "yes," find out when and where. If the request present with your (If the suspect/accused says "no," stop the interview and was recent (i.e., fewer than 30 days ago!, obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspectlaccused says "no," or if the prior the other side of this form. if the suspect/accused says 'yes," have him/her read request was not recent, ask hinter the following question.) and sign the waiver section of the waiver certificate on the other side of this
form]

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. if the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR !NCR(IVIINATiNG STATEMENTS:
1. If the supsectiaccused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued(
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advisal,
NOTE: If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR
HER RIGHTS DURING THE INTERROGATION PROCESS: II during the interrogation, the suspect displays indecision about requesting counsel (for example, "Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as 'If you didn't do anything wrong, you shouldn't need an attorney.")

!
USAPA V2.01.
REVERSE OF DA FORM 3881
001857

DODDOA 027071

la) 11,4 h (4)

SWORN STATEMENT
rut use, m mis Taira, see AN I v1.1-4U; me proponent it ency is tJuk.aur
LOCATION DATE TIME FILE NUMBER
LAS-LE NAME SOCIAL SECURITY NUMBER GRADE/STATUS
ORGA-SS

I. WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
I. State your specific Iocatioefd activities during the prisoner drop-off on 16 Se? 03.
r--CO-$') it" ..-1-.4711,..):AP' f.s.Y c fri-/ C3 -Rf-,

.5

2.
Are yet aware of the specific allegations of potential abuse during the prisoner drOP-off operation on 16 Sep 03, I600hrs?

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, either

accidentally or maliciously?

No
4. Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the
2 112 ton truck and their exact position in the opeation? (example: SGT Snuffy was located just behind the 2 1/2 ton truck
recieving the prisoners after they were unloaded and consolidating them on the ground.)

Ot.14

5.
Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is it
common practice to yell at prisoners upon or after arrest? tf 0

6.
Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? If

so, please state specifically what. pe)
7.
Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners,
was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to the
body or head, striking, or combative actions.) /1/0

8.
Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or IF 2-70 during any aspect of the
prisoner drop-off operation, if so - what was said? Af0

EXHIBIT-AKING STATEMENT
PAGE 1 OF PAGES

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED
AS PAGE OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE I WILL SE LINED OUT, AND THE
STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
PENO=MOMmlif
USAPPC V2.00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
0 0 1 6 5 8

DODDOA 027072
STATEMENT (Continued/ (:?)
9.
Did you witness any dialog between tbe detention NCOIC and any of the personnel dropping off prisoners? If so,f pleasestate what was said to the best of your knowledge.

10.
Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to bearrested? itipi• civaevA

Vert. Attc)i...

11. Is there anything you would like to add to the investigation at this time? ikt 6
AFFIDAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE Z • i FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMEN MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITI
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITH
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL 1NFLUENC

rent)

WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this C1 -day of -, at

ORGANIZATION OR ADDRESS erson ministering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS-(Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE-OF 'I/ PAGES
USAPPC V2OO
001659

DODDOA 027073

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
ri For use of this form, see AR 190-30; the proponent agency Is ODCSOPS 19 f 40011
f 41,:

DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

I. LOCATION 2. DATE S. TIME 4. FILE NO.
5.
NAME t. ' 8. DRESS

6.
PA -RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Section A. Rights

r
IIMEAl2_

The investigator whose name appears below told me that he/she is with the United States Army IIIIIMI
and wanted to question me about the following offense(s) of which I am

suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees on 16 SEP 03 approx 1600 ins
Before he/she asked me any questions about the offenselsl, however, he/she made it clear to me that I have the following rights:
1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject othe tICMI I have the tight to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense' to the Government or a military lawyer detailed for me at no expense to me,
or both.

- or -(For civilians not soWect to the UCMJ) I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during qUestioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.

4.
If I am now willing to discuss the of fenseisi under investigation, with or without a lawyer present. I have a right to stop answering questions at any time. or
speak privately with a lawyer before answering further, even if I sign the waiver below.

5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above- I am now willing to discuss the offensels/ under investigation and make yer first and without having a lawyer present with me.
WITNESSES (lf available) 3.
I a. NAME (Type or Printf
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print! 5. TYPED NAME OF INVESTIGATOR

.11111110111115MP

b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
ilarigignir

Section C. Non-waiver
1.
1 do not want to give up my rights
0 I want a lawyer Iii I do not want to be questioned or say anything

2.
SIGNATURE OF INTERVIEWEE

ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (VA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001680

DODDOA 027074

PART II - RIGHTS WARNING PROCEDURE
THE WARNING

WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government or a military
a. Your official position. lawyer detailed for you at no expense to you, or both.'
ft. Nature of offense(s). - or -
c. The fact that he/she is a suspect/accused. For civilians not sutject to the IJCMJI You have the right to talk privately to a
RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
`Before I ask you any questions, you must understand your rights.' you during questioning. This lawyer can be one you arrange for at your own
a_ You do not have to answer my questions or say anything.' expense, or if you cannot afford a lawyer and want one, a lawyer will be
b. 'Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins.'
criminal trial. - d. "If you are now wilting to discuss the offense(s) under investigation.
c. (For personnel subject to the UCMJ) 'you have the right to talk with or without a lawyer present, you have a right to stop answering
privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate."

Make certain the suspect/accused fully understands his/her rights.

THE WAIVER
"Do you understand your rights?" "Do you want a laWyer at this timer
(If the suspect/accused says `no,' determine what is not understood, and if (If the suspect/accused says 'yes,' stop the questioning until he/she has a necessary repeat the appropriate rights advisement. if the suspect/accused says lawyer. If the suspectlaccused says "no." ask him/her the following question.) 'yes,' ask the following question.)
'At this time, are you willing to discuss the offenseis) under investigation and

Have you ever requested a lawyer after being read your rights?' make a statement without talking to a lawyer and without having a lawyer (If the suspect/accused says 'yes,' find out when and where. If the request Present with You?' (/f the suspect/accused says -no,' stop the interview and was recent (i.e., fewer than 30 days ago), obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspect/accused says "no,' or if the prior the other side of this farm. If the suspect/accused says "yes," have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
form)

SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspectlaccused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the offense(s) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do nor obligate him/her to answer further questions.
COMMENTS (Continued,
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advisal.
NOTE: If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.

WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lawyer.'), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney.')
!
.... ¦1¦111•Mi•¦••14
USAPA V2.01
REVERSE OF DA FORM 3881
001661

DODDOA 027075

SWORN STATEMENT
For use of this form, see AR 190-45; the proponent a ency is ODCSOPS
LOCATION DATE TIME FILE NUMBER
elti)(A
S GRADE/STATUS
-
ORGANI TIO

italialiffiriilw , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
c
1. State your specific location and activities during e prisoner dropitff on 16 Sep 03. l)c—k.%.) C EST 1%-3 oc__,C_:,,...,)e—Ark-CO.!5 Oft 01.,1.67-0-.Z.: bttc-f
'-I

2.
Are you aware of the specific allegations of potential abuse during the prisoner drop-off operation on 16 Sep 03, 1600hrs? c\..

3.
Did you participate or witness any detainee dropped or thrown from the 2 1/2 ton truck during the drop-off, eitheraccidentally or maliciously? t‘ c-

\ U
4. Can you please state, to the best of your memory, who on site participated in the unloading of prisoners from the2 1/2 ton track and their exact position in the opeation? (example: SGT Snuffy was located just behind the 2 1/2 ton truckrecievin ed and consolidating them on the ground.)
-
-0---fe.„ (•• , ),,,,,, ....._
0

5.
Did you witness any obscene language or unprofessional language directed at the prisoners, if so - what was it? Is itcommon practice to yell at prisoners upon or after arrest?

IN.

6.
Did you percieve any threat from the detainees that would warrant aggressive action to maintain control of the situation? Ifso, please state specifically what.

k\._ L,

7.
Did you witness any soldier participating in the prisoner drop-off operation acting aggressively towards any of the prisoners,was it warranted in your opinion to maintain control of the situation? (example: kicking to the sides of the body, kneeing to thebody or head, striking, or combative actions.)

8.
Did you witness any dialog between the MIT team and any soldiers from TF 1-13 or TF 2-70 during any aspect of the

prisoner drop-off operation, gso - what was sai4? g
_,:A-z-,1.)0 r---,ic.t... L. W (it ts -44,e,,:) 6 -t.4_.' ,... 'I{
-V-L e t.,KN e......,,. -AY--..eC-) L Zi i-1 ' P Ce
EXHIBIT INITIALS OF PERSON MAKING STATEMENT i PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN Al DATED CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AS "PAGE " OF PAGES. -WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COPY OF THIS FORM.
USAPPC V2_00

DA FORM 2823, JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED.
001682

DODDOA 027076
STATEMENT (Continued)
9. Did you witness any dialog between the detention NC OIC and any of the personnel dropping off prisoners? If 'so, please
state what was said to the best of your knowledge.
1\0

10. Did you believe that the prisoners dropped off on 16 SEP 03 were guilty? If so, what do you believe they did to be
arrested? \
-\--okOct\A-r,f
k K, JS EU loC:

I . is there anything you would like to add to the investigation at this time?
AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE . FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL I ENT.
tementi

WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this day of , 19
at

ORGANIZATION OR ADDRESS (Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)

ORGANIZATION OR ADDRESS (Authority To Administer Oaths/
INITIALS OF PERSON MAKING STATEMENT
1--PAGE OF PAGES
L1SAPPC V2.00
001663

DODDOA 027077

RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30: the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
)'? ( 1)) 6 ( 4)

AUTHORITY: Title 10, United States Code, Section 3012Ig)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

. LOCATION 2. DATE 3. TIME 4. FILE NO.
1 IV—, kk3
5 -8. ORGANIZATION OR ADDRESS

. US

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE •
Section A. Rights ¦ I!1
The investigator whose name appears below told me that he/she is with the United States Army allIMINIIMRIONall
and wanted to question me about the following oftense(s/ of which I am

suspected/accused: 15-6 Questioning regarding alleged mistreatment to include assault on detainees -on 16 SEP 03 approx 1600 hrs
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights: .
1.
I do not have to answer any question or say anything.

2.
Anything I say or do can be used as evidence against me in a criminal trial.

3.
(For personnel subject othe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me

during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me. or both.
- Of -
.. _

(For civilians not subject to the UCMJJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me during questioning. I understAnd that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present. I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.

5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without having a lawyer present with me.
WITNESSES (If available'
. NAME 'Type or Print!
b . ORGANIZATION OR ADDRESS AND PHONE 4. SIGNAT
2a. NAME (type or Print/ 5. TYPED NAME OF INVESTIGATOR
All1111.1111111P

b. ORGANIZATION OR ADDRESS AND PHONE ORGANIZATION OF INVESTIGATOR fi.
°U11111111111111111 Section C. Non-waiver
1 do not want to give up my rights
0 I want a lawyer 0 I do not want to be questioned or say anything

2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED -USAPA 2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
001664

DODDOA 027078

PART II - RIGHTS WARNING PROCEDURE
THE WA FINING

1. WARNING - Inform the suspect/accused of: can be a civilian you arrange for at no expense to the Government Of a military
a. Your official position. lawyer detailed for you at no expense to you, or both.'
b. Nature of offense(s). -or -
c. The fact that he/she is a suspect/accused. (For civilians not subject to the UMW You have the right to talk privately to a
2. RIGHTS - Advise the suspect/accused of his/her rights as follows: lawyer before, during, and after questioning and to have a lawyer present with
'Before I ask you any questions, you must understand your rights.' you during questioning. This lawyer can be one you arfartge for at your own
a. "You do not have to answer my questions or say anything." expense, or if you cannot afford a lawyer and want one, a lawyer will be
b. 'Anything you say or do can be used as evidence against you in a appointed for you before any questioning begins.'
criminal trial." d. 11 you are now willing to discuss the offense(s) under investigation,
c. (For personnel subject to the UCMJ) You have the right to talk with or without a lawyer present, you haNie a right to stop answering
privately to a lawyer before, during, and after questioning and to questions at any time, or speak privately with a lawyer before
have a lawyer present with you during questioning. This lawyer answering further, even if you sign a waiver certificate."

Make certain the suspectlaccusett fully 'understands his/her rights.

THE WAIVER
"Do you understand your rights?" 'Do you want a lawyer at this time?'
(If the suspect/accused says 'no,' determine what is not understood, and it (If the suspect/accused says "yes," stop the questioning until he/she has a
necessary repeat the appropriate rights advisement. If the suspect/accused says lawyer. If the suspect/accused says "no," ask him/her the following question.)
"yes," ask the following question.)

At this time, are you willing to discuss the offense(sI under investigation and "Have you ever requested a lawyer after being read your rights?" make a statement without talking to a lawyer and without having a lawyer Of the suspect/accused says 'yes,' find out when and where. If the request present with you?" Of the suspect/accused says "no," stop the interview and was recent (i.e., fewer than 30 days ago,, obtain legal advice whether to have him/her read and sign the non-waiver section of the waiver certificate on continue the interrogation. If the suspect/accused says "no,' or if the prior the other side of this form. 11 the suspect/accused says "yes," have him/her read request was not recent, ask him/her the following question.) and sign the waiver section of the waiver certificate on the other side of this
yarn.!

SPECIAL INS TRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she understands
his/her rights, does not want a lawyer, wants to discuss the oftensels) under
investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advise!.
NOTE: It I or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused.
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR
HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for

example, "Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or She desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "if you didn't do anything wrong, you shouldn't need an attorney.";
LiSAPA V2.03
REVERSE OF DA FORM 3881
001665

DODDOA 027079

Doc_nid: 
2788
Doc_type_num: 
66