Article 32 Proceedings re: Transcript of Hearing in the Matter of Specialist Timothy F. Canjar

This document is part of the transcript of the Article 32 proceeding against Spc. Timothy F. Canjar who was accused of detainee abuse at Camp Bucca, Iraq in May 2003. See ACLU RDI 1322 and the other documents following in sequence.

Doc_type: 
UCMJ
Doc_date: 
Saturday, November 15, 2003
Doc_rel_date: 
Thursday, June 30, 2005
Doc_text: 

Witness:
Yes.

Counsel:
And she kicked him some more?

Witness:
Yes.

Counsel:
And it was at that point that you and SG~kickedhis legs apart into the prone
position?

Witness:
Yes.

Counsel:
At that point that's when you did that?

Witness:

Yes. .
S(;.fW\.t
Counsel: ~.

And then SGT_yousaid kicked him and you walked away?
Witness: Yes. Counsel:
No further questions.
Questions by the defense counsel: MAJ
Counsel:

After he got kicked in the groin and you kicked his legs apart to spread them apart?

Witness:
Right.
Counsel:

He didn't resist and flail his legs?

Witness:
Not at all.
Counsel: He compliantly opened his legs again after he had been kicked in the groin?

C13497

Witness:
Yes.

Counsel:
And you said so there was--he was first ofthe set offive, correct?

Witness:
Correct.

Counsel:
And you don't know who was escorting the other ones, correct?

Witness:
That is correct.

Counsel:
You said--you identified in your statement there was a specialist sitting on top of this
second EPW.

Witness:
The second one, yes.

Counsel:
And you didn't know his name?

Witness:
I didn't know his name, no.

Counsel: You were told his name, later correct? .. .. -..-... ..
~
Witness:
That's correct.

Counsel:
And you said he was sitting on top ofthe EPW that you thought was a teacher?

Witness:
No.

Counsel:
No? Okay just sitting on top ofthe second EPW in line?

Witness:
Yes.

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Counsel:
He wasn't punching him, right?

Witness:
No.

Counsel:
And he wasn't kicking him?

Witness:
No.

Counsel:
And you don't know, you said people were yelling ''take a shot--it's your shot" you don't
know what he said do you, specifically what came out ofhis mouth?

Witness:
Not specifically, no.

Counsel:
I have no further questions.

110:
Was that it?
Defense counsel: \;PT_ t[L)-2 i b{t) ((,)-t.. I think its all been covered

110:
Okay.

o • • •
~CiW{) Questions by the Investigating Officer: LTC~
110:
SPC, this EPW that you call the rapist do you have any other description ofhim?

Witness:
No he was just an Iraqi.

110:
What was his dress?

Witness:
He was wearing a green Iraqi uniform.

ct3499
110: Green Iraqi--
Witness:
Just all green.

110:
I'm interested to know when you saw the second EPW being kicked, what was going
through your mind at that time?

Witness:
I was just shocked. I mean, this isn't anything I've ever seen before and I knew it wasn't
right. I just couldn't believe it was happening.

MAJ_ \tJ(b)r2j h(:t)(c),l..
Excuse me did you say the second EPW?
110:
The one that you were calling the rapist.

Witness: Yes.
110:
The one that was being kicked. Am I correct when that's what you said that that was the
one that was being kicked?

Witness: Yes
1/0:
When you said you ... kicked his legs apart?
Witness: Yes.
110:
And put him in the prone position after that?

Witness: That's right.
1/0:
How did you go about kicking his legs?
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DOD 15158
Witness:
Just use your foot to kind of, you know, kick his feet apart, because you can't reach down
and move his feet where you want with your hands. Because you're putting yourself in a
position to be kicked in the face, so you use your feet to kick their feet apart.

VO:
And this .was after he'd been knocked out ofyour hands?
Witness: Yes.
VO:
So you didn't have any other control measure on him at the time that you were kicking his legs apart, is that correct?
Witness: That's correct.
VO:
You said that after they were holding his ankles and then you were being invited to kick the EPW, you said you didn't do that you just walked away?
Witness: Yes.
VO:
Is that correct?
Witness: That's correct.
VO:
Where did you walk to?
Witness: i.J [t.).tt; k(:l-)(c) -1 I walked--SPCWwas standing by the bus and I walked over to him and he was just kinda standing around and I said, "I don't like they way they work. This is ridiculous I've never seen anything like it" and he was just like "I know" and just kinda shaking his head disappointingly. And that's when SGT ____came back over and asked me
to help her escort \, {!\\ ,-( ) { }
htr~i b 1-C-~ VO:
Who told you SPC Canjar's name?
Witness: I do not recall.
C1350!
VO:
Was it that night?

Witness:
No it was not that night.

110:
Sometime later?

Witness: Yes.
1/0:
Have you ever seen any EPWs treated in the manner that you say that you saw them treated that night?
Witness:
No I had not. /, \ I ( )1. \
bLb r\ ., ') lC )-1
vO: /~~u,
Did you have any conversations with SGT _whileall this was supposedly going
on?

Witness:
I could've, I don't recall speaking to him, but I could've I don't remember.

00: ~~~b~~4
And then you said that you talked with SGT & IUd SSe••••later that night?

Witness: That's correct.
110:
Did you all come to any conclusions about what you'd say you saw say you'd seen that
night?

Witness:
I don't know what you mean by conclusions.

VO:
I mean, did you come to any course ofaction, like ''we have to tell somebody about this" or "we're not gonna tell anybody about this"?

C13502

Witness:
We did mention that something needed to be done about it, because that's not how we're
trained to treat EPWs at all.

110:
And then after you had these conversations did you go back to your tent that night?

Witness: Yes.
110:
I don't have any further questions. Does anybody else have any questions that they
would like to ask?

~('\.l' k(:r)[c)-Z
Questions by the defense counsel: CPT_ 1/ J
Counsel: You didn't know SS~name when you gave your statement to the
15-6 officer? \ bel,) -5 i l..JLi-)(t)-r
Witness:
Correct.

Counsel:
Nor when you talked to cm, right?

Witness:
That's right.

Counsel:
That's another name that somebody told you, right?

Witness:
Yes.

_ ~ [t)-l,-l (,)(t)-z.
Questions by the defense counsel: CPT
Counsel:
Did you know MSG-.name at the time you gave your statement?

~S6IN..
Witness:
No I did not.

Counsel:
So, somebody told you that name later also?

013503

Witness:
Yes.

I/O:
Any other questions, defense?

Defense counsel:
No, sir.

Questions by the Investigating Officer: LTC _ ~( ')-21' b(1)(c) -L
I/O:
SPC am I to understand that you recognize these individuals that you've identified here
today by sight, is that correct?

Witness:
Yes, that's correct.

I/O:
And not by what someone has told you, is that correct?

Witness:
That's correct. I don't have any further questions.

[The witness was duly warned, dismissed and withdrew from the room.] b(b}~: ~h)~)-L ~(b)-~; b('J){c)-'1
I/O:
J.1llJ."~"U with the testimony of SPC _ The government had made a nrnn"... the scope ofthe investigation to include two additional charges. And you want to address that at this point after we've had our conversations, and I've talked with the legal advisor?

MAl b(~)~lil b{-:r){f)-i
Yes, sir. The government in fact that only the' """l06UJj_VU be expanded and that you make concerning a additional £,M_reT.-Obstruction ofJustice against light ofthe . she said that SGT hidden her diary in IV"JLVUj""Uj~ so that cm would not find It they conducted the search that day.
CPT~b(6)"'l.; ~(1)(t)~1 \.(b)-:S:' ~ (~)(C)~)
I would, on behalfofSGT......Object to the Investigating Officer making a recommendation on that charge based solely on the testimony the uncorroborated testimony ofSPC" We would just maintain our objection for the record.

\~It)-l1~ b(')~)-li
J
110:
I have heard both sides ofthe argument and the recommendation at this point in my mind is due to the late nature ofthe request from the government the Investigating Officer will not recommend the additional charge be included.
We have a matter or some additional witnesses that the gmren[llTIent
contact:
as well as
understanding from
these individuals and ~V\'U'Y'

Defense counsels:
Yes that's correct. ~(L)-I; b[r)(t)-I

110:
All four-defense counsel agree to that?

Defense Counsels: Yes, sir (all)
110:
I will invite the govefl[llTIent to make any closing recommendations .

., ~(')-li ~(~)(c)-(
Sir, the government waives that opportunity at this point.
110:
Very well. I invite any ofthe defense counsel to make any closing recommendations to
the Investigating Officer.

Defense Counsel: No sir (all)
I/O: All four-defense counsel waives that opportunity. One question I do have before we close, before we began these proceedings defense had requested and I had acknowledged that a verbatim transcript be made ofthe proceedings here. Can a summarized transcript be produced first and then I understand a verbatim transcript is going to take some time to be produced. Can that then be followed by the verbatim transcript?
CPT_ bC b)-2..j \.,-(7)(')-1..
The summarize take a great deal oftime also, sir so I think that would actually be harder on the court reporter. To make it summarized and then go back and make it verbatim.
I/O: I just noticed the court reporter eyes just widen a little bit back there.
013505

CPT_ ~(~\-l' bfD(t)--z...
I just know from expeAen~ SIr that sometimes a summarized transcript takes as long or longer as a verbatim for the court reporter, but the government may want to weigh in.
___ \, (t)~l; bit) (t)-L
I/O: We just need to acknowledge that General Karpinski's direction was that a summarized transcript be produced within three days ofthe closing ofthe hearing. I don't even know ifthat's possible or not. I will have the XO ofthe 800th contact General Karpinski and tell her that we are proceeding with all due haste to produce a verbatim transcript it could be a matter, from what I understand, two or three weeks before that transcript is produced. And I'll communicate that to her. Then I believe her direction in the appointment letter was that three days following the production ofthe transcript that I was to have my report complete and forwarded. And I also acknowledge that a request was made by the defense counsel to have copies ofthe report forwarded to them and that will be done or at least that will be recommended to General Karpinski when the report is forwarded to her. .
MAJ_~ ~Q~
May I ask that as it's being typed, can it be sent to us in chunks. I don't know how you'd do it, ifyou like to read the entire thing first. But, like with records oftrial I know they get sent to me as their being done to expedite the reading. It's just a suggestion. Maybe by email?
-
MAl ~~
Yes, s something we'll try to accommodate.
MAJ_-So.~
And also I'd like to-go on record to ask that the tapes--that the tapes be preserved for the
trial.
MAJ
I have one last question, a truck drove by, you said that you are not going to consider
the additional charge ofObstruction ofJustice or you are?

I/O:
That's correct.

MAJ_---J~
You're not?
I/O: I'm not.
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DOD 15164

,-\-;(t)-z; bh) Lr,)-L

Okay. I couldn't hear because of a truck going by.
I/O: And my reasoning for that is the date or the late time ofthe request placed in the hearing. Any other matters that any counsel would like to present at this time for my consideration?
All Counsel: No sir
110: I'd like to that all the counsel for your cooperation, I'd like to thank the government for their efforts to set all this up and as well as at Camp Bucca, and here at Camp Doha. Ifthere are no further matters then I'll declare that the Article 32 proceedings are closed.
[The Article 32 Hearing was closed at 1601,02 October 2003.)
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Doc_nid: 
3615
Doc_type_num: 
734