Article 32 Proceedings: Request for Adjournment to Obtain New Counsel for Trial

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
BAGHDAD BRANCH OFFICE
ATTENTION OF; REPLY TO
• AETX-XXX-TDS
4 September 2003
4) 4-2\
MEMORANDUM FOR111111.111111111111.11now APO AE 09324
SUBJECT: Request for delay — Article 32 Investigation, 111.11.
J. The defense requests a delay in the Article 32(b) investigation from 6 September to 27
September..
2. i represen
egarding this request for a delay.. I have not been assigned torepresen in any further capacity. I request this delay becaus will be

Z.6-5-
detailed another Trial Defense Attorney, who will need time to prepare for the investigation. Ianticipate that 27 September 2003 will be the earliest tha
new attorney will be}
prepared for the pretrial investigation.

3. Defense assumes full responsibility for this delay. I am the point of contact for this
.
memorandum at
'PT, JA Trial Defense Counsel

9VOL
CHARGE SHEET
,
L PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
_. b65 UNE. MP
5. UNI IZATION 6. CURRENT SERVICE
11111111.111111111 1 st Armored 'Division a. INITIAL DATE b. TERM 48 months
111111.111011.
7. PAY PER MONTH 8. NATURE OF 9. DATE(S) IMPOSED
RESTRAINT OF ACCUSED
a. BASIC b. SEA/FOREIGN c. TOTAL
None. None.

DUTY
NONE
II CHARGES AND SPECIFICATIONS
10. CHARGE!: VIOLATION OF THE UCMJ. ARTICLE 92
SPECIFICATION 1: U.S. Army, who knew of his duties

In that --
at or . near Iraq, on or about 20 June"1111111111.11.1 1111

003, was derelict in the performance of
those duties in that he willfully detoured his . security patrol to an unsecured site
and dismounted, when it was his duty not to do so.

/415
SPECIFICATION 2: U.S. Army, who knew of his duties

In that
at or near Iraq

IIMIIIIIIIIIIIIP was derelict in the performance of
,
those duties in that he willfully failed to deliver a captured looter to the 1-13 AR
Battalion holding area, as it was his duty to do.

CHARGE II:

VIOLATION OF THE UCMJ, ARTICLE 93

/6--C- •
THE SPECIFICATION: In that U.S. Army, at or near
Iraq, on or about 20 June 2003, was crue young male civilian detaine

for
looting materials from a factory site, a person subject to his orders, by staging his
mock execution.

CHARGE III:

VIOLATION OF THE UCMJ, ARTICLE .133

66-.5'
THE SPECIFICATION: In that U.S. Army, did, at or near,

1111,11110Iraq, on or about 2 . fficer in charge of a security
une 2003, while
patrol, wrongfully and dishonorably abandon a detainee in his custody.

11111111.111111111111
IL PREFERRAL 11a. NAME OF ACCUSER (Last First, MI) b. c. CCUSER GRED DIVISION
d. SIGNATURE / Z n a.e. DATE
ito 0 '--
/)$? 4, .,- 1L___ 4 ek
AFFIDAVIT: Before me, the undersigne4, authorized by law to administer oaths in cases of this character, personally appeared the
above named accuser this AA. day of , 20FS'j and signed the foregoing charges and specifications

,
under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of
or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.

• organza ce
.

Trial Counsel

Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
Signature
ID FORM 458. MAY 2000 PREVIOUS EDITION IS OBSOLETE.

C 07047
DOD-047859
12.
On , 20 , the accused was informed of the charges against him/her and of the name(s) of
The accuser(s) known to me (See RC.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)

_____111111111111111111. e'=cf_
ander . . . ,------n& ----of Immediate mender
Gr
Signature
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING-AUTHORITY
13.
The sworn charges were received at , 20 at
Designation of Commend or
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403)
FOR-1:146 1
.
Commander
Typed Name of Officer Official Capacity of Officer Signing
Grade
Signature
. V. REFERRAL; SERVICE OF CHARGES
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE -

Referred for trial to the court-martial convened by
20 0 3
subject to the following instructions : 2
.. ,
By
Command or Order
Typed Name of Officer Official Capacity of Officer Signing
Grade
Signature
15.
On , 29 , I (caused to be) served a Copy hereof on (each of) the above named accused.
/4-R 111111
L---7-4.0a.11me o,11.ns1j Grade or Rank of Mal Counsel

Signature
FOOTNOTES: S

DD FORM 458. (BACK) MAY 2000

C 07048
DOD-047860
A lAD ATTORNEY WORK PRODUCT
'11111111.11111111ft b 6 -5--UNIT: 1111111100110 MOS / POSITION: TC: DC: CIVILIAN AGE: op BASD: ETS: PCS: MARITAL STATUS: M/ S/ D V CHILDREN: Y/ NEXT OF KIN'S HOME OF RECORD / PHONE:1111111fts SPEEDY TRIAL DATE: PRETRIAL CONFINEMENT: Y / N PTC DATE: CEI 1'11+11.ll OMPF ON HAND: Y / N CER111.1hD ORB / ERB ON HAND: Y / N CER LINED SMIF FILE ON HAND: Y / N CERTIFIED LES ON HAND: Y / N 306(b) ANALYSIS: 1.ACCUSED'S CHARACTER AND MILITARY SERVICE: DECORATIONS: )66
PRIOR UCMJ: Y / N PRIOR ADVERSE ADMIN: Y / N FLAGGED: Y / N LEADERSHIP POSITION: Y / N 2. EFFECT ON MORALE, HEALTH, WELFARE, AND DISCIPLINE:
MORALE 111111111 111111110, HEALTH: 1111.11.11.1111111010
WELFARE: DISCIPLINE:
0704 9
DOD-047861

3. APPROPRIATENESS OF AUTHORIZED PUNISHMENT:
CHARGE: Dereliction (92) MAX: DD / 2 yrs. / Total $
CHARGE: Assault (128) MAX: DD / 8 yrs. / Total $
CHARGE: Conduct Unbecoming (133) MAX: Dismissal / 1 yr. / Total $
CHARGE: Solicitation (134) MAX: DD / 5 yrs. / Total $
FACTS / MERITS:
DATE: 20 JUNE 03
LOCATION:-
ACT / OMISSION; lAD forces detained (trespassing) Iraqi boy (13 to 16 years old) for approximately 90 nun ove him to a deserted field at the end of the patrol. Boy was placed into truck headlights an a 9mm shot to the side of the boy's head. The boy was not bound by flexi-cuffs o sandbag. k a picture of the boy (covering his head/face)andthepatrolleft saihewas going to let the boy walk back ,
(approximately 1.5 click from secto

PERPETRATOR.
WITNESS:
WITNESS: ook the detainee ti
'WITNESS: d a "pop" like a shot, saw thru NVGs
44-511111111111111bo ster s weapon, and saw detainee face down on the ground, hands over his head, like he was crying, at a distance of about 10 feet Did not hear or see anything like a dog.
Z4 .7(
WITNESS: iJóy was flexi-cuffed and sandbagged
into the truck. Patrol went into an unfamiliar back road. Boy was taken out of truck. SM
• pulled security d ducked when he heard a shot Saw muzzle flash, boy crying and saw flexi-cuffs cutilirtook picture. Saw and heard no dogs. Patrol mounted and left.
WITNESS: oaded the detainee boy. Saw them in frog o c something maudi • e to detainee, then shot weapon
• close to detainee's person eleased the prisoner.
-5 -
DATE: 22. JUNE 03
LOCATION:
ACT / OMISSION: IIIIINPaslced f old man and two kids were crying and told him to detain them. Old man asked that hnotshoothisson. uniMilepold
66-y.06-Y .
L.:07050
DOD-047862
old man no one would be shot. heard a shot and
to run, so he fired a warning shot. d to let them go.
War-iii&

PERPETRATOR: told him to s, and let all three go after they cried. AdmitsMIlir k6 '5--
amisSays",
iarging thisiooscare the detainee. Says he reported completion an creot5ted the use of scare tactics to deter looters. smiled. Says
WrINESS41111.1111111111101111.46-ti
, WITNESS: etallic trigger click, then saw SMcharge M-16 anP111111111111111111Pm
IIP a single shot while pointing the weapon away from a boy's(13 to 17 years old) head. He then released the boy to his father and brother.
WITNESS.
cry. Sa !_ of the (13 years old) boys the building.

S. detainees
WITNESS: ld him he pointed his weapon at the
family.
FACTS / MERTTS — REBUTTAL:
1)
2)
3)
4)

FACTS / SENTENCING:
AGGRAVATION:
1)
2)
3)

MITIGATION:
1)
2)
3

4. ACCUSER'S POSSIBLE IMPROPER MOTIVES:
Y / N NEGATIVE COUNSELINGS: Y / N
EO COMPLAINT: Y / N IG COMPLAINT: Y / N
CONGRESSIONAL: Y / N 138 COMPLAINT: Y / N
VI/ITNV.CC 12VT TWIT'A MCP. T(1 TV.QTTFV-

CO7051
CO-ACCUSED: Y / N RATING CHAIN ISSUE: Y / N
' CONFINED: YIN CID SOURCE: Y / N

6.
ACCUSEDOOPERATES TO APPREHEND / CONVICT OTHERS:
CID SOURCE AGREEMENT: Y / N NUMBER OF ARRESTS: 0
IMMUNITY AGREEMENT: Y / N NUMBER OF CONVICTIONS: 0

7.
OTHER JURISDICTIONS) WILLING TO PROSECUTE OFFENSE(S): STATE: Y / N FEDERAL: Y / N: MILITARY: Y / N HOST NATION: Y / N

8.
AVAILABLE AND ADMISSIBLE EVIDENCE: STATEMENTS: Y / N (2) RIGHTS ADVISEMENT & WAIVER: Y / N MENTAL HEALTH HISTORY: Y / N SANITY BOARD: Y / N CORROBORATING PHYSICAL EVIDENCE: Y / N

PHYSICAL EVIDENCE FOUND DURING INSPECTION: Y / N
PHYSICAL EVIDENCE FOUND DURING SEARCH: Y / N
CORROBORATING DOCUMENTARY EVIDENCE: Y / N
CORROBORATING WITNESS STATEMENTS: Y / N

EYEWITNESSES: Y / N TOTAL: 10 9.. TC'S EVALUATION / RECOMMENDATION: LEVEL:
GP /JA-4c- R
DISCHARGE: 111111.11111111.111.
DOCKET TRACKER
PREFERRAL DATE:
CONFIRMED DETAIL DC WITH SDC ON:
C 07052
SERVED DETAILED DC WITH PREFERRAL PACKET ON:
ARTICLE 32 DATE: DETAILED PARALEGAL: I0 NAME / PHONE / EMAIL: DETAILED LEGAL ADVISOR: PACKET SERVED TO JO AND LEGAL ADVISOR ON: HEARING SCHEDULED FOR: DELAYS: Y / N DELAY APPROVED ON: SANITY BOARD: Y / N SANITY BOARD APPROVED ON: DEFENSE DELAY DAYS: GOVERNMENT DELAY DAYS:
R.C.M. 405(G) REQUEST RECEIVED ON:
WITNESS UNAVAILABLE: Y / N
DEPOSITION REQUESTED: Y / N
TRANSLATOR REQUESTED: Y / N
TRANSLATOR NAME / PHONE:

GOVERNMENT'S R.C.M. 405(G) RESPONSE SERVED ON:
TRANSCRIBER:
DOES TC NEED VERBATIM PORTION FORA WITNESS: Y / N
TRANSCRIPT SERVED TO I0 ON:
JO REPORT SERVED TO BDE CDR ON:
I0 REPORT SERVED W/IN 5 DAYS TO DC: Y / N
CHARGES ADDED OR DELETED: Y / N

REFERRAL DATE: CONVENING ORDER IN THE PACKET: Y / N SUMMARY / BCD / GCM

C:07053
DATE CHARGE SHEET AND ALLIED PAPERS SERVED ON ACCUSED: MJ DOCKET EMAIL (CER !MED ERB / ORB / SERVED CHARGES) DATE: 'ARRAIGNMENT DATE:
GOVERNMENT SECTION III DISCLOSURES SERVED ON:
GOVERNMENT'S DISCOVERY REQUEST SERVED ON:
DEFENSE'S RESPONSE SERVED ON:
DEFENSE DISCOVERY REQUEST SERVED ON:

GOVERNMENT'S RESPONSE SERVED ON:
DEFENSE FORUM SELECTION DUE ON:
DEFENSE PLEA DUE ON:
DEFENSE WITNESS LIST'DUE ON:
DEFENSE MOTIONS DUE ON:

GOVERNMENT'S RESPONSE DUE ON:
DEFENSE NOTICE OF SPECIAL DEFENSE RECEIVED ON:
ALIBI: Y / N
INNOCENT INGESTION: Y / N
LACK OF MENTAL RESPONSIBILITY: Y / N
EXPERT ON ACCUSED'S MENTAL CONDITION: Y / N

GOVERNMENT WITNESS LIST DUE ON:
GOVERNMENT MOTIONS DUE ON:

DEFENSE RESPONSE DUE ON:
GOVERNMENT S M.R.E. 404(B) NOTICE SERVED ON:
TRIAL DATE:

PANEL: Y / N
OFFICER: Y / N

Is, 07054
1/3 ENLISTED: YIN
PANEL NOTIFICATIONS SERVED ON:
EXCUSAL REQUESTS: Y / N

EXCUSAL REQUESTS RECEIVED ON:
EXCUSAL GRANTED / DENIED ON: MEMBER FROM ACCUSED'S UNIT: Y / N MEMBER ON WITNESS LIST: Y /N MEMBER IN TC JURISDICTION: Y / N CONVENING ORDER CHANGES OK BY C/MJ: YIN
•
FINDINGS WORK SHEET / FLYER OK BY C/MJ: Y / N MEMBER QUESTION FORMS OK BY C/MJ: Y / N TAILORED INSTRUCTIONS OK BY C/MJ: Y IN
MILITARY JUDGE:
• MJ PRESIDE OVER COMPANION CASE: Y / N
TRIAL JUDGE SAME AS ARRAIGNMENT JUDGE: Y / N
TRIAL JUDGE'S PHONE /

EXHIBITS: GOVERNMENT'S IDENTIFIED: YIN DEFENSE'S IDENTIFIED . Y / N PHOTO SUBSTITUTIONS FOR THE RECORD: Y / N TECHNICAL ASSISTANCE REQUIRED: Y /N RECEIVED FROM CUSTODIAN: Y / N
CUSTODIAN NAME / PHONE / EMAIL:
•PREMARKED WITH COURT REPOR Y / N
C 07055
DETAILED COURT REPORTER: NAME / PHONE / EMAIL: COPY OF WITNESS LIST SERVED ON: COPY OF EXHIBIT LIST SERVED ON:
GOVERNMENT'S EXHIBIT LIST ON:
DEFENSE'S EXHIBIT LIST ON: ORIGINAL CASE FILE SERVED ON: PANEL SEATING CHART COORDINATED ON:
DETAILED TRANSLATOR: NAME / PHONE / EMAIL: WRITTEN COPY OF QUESTIONS SERVED ON:
WITNESS:

imaiimmoomp bb-1
CIVILIAN / MILITARY / RESERVIST
ETS / PCS / DEROS TDY:
NAME / DOB / SSN / UNIT / LOCATION:

DOB:
SSN:
INTERVIEWED BY TC ON:

AIR TRAVEL: Y / N LODGING: Y / N RESERVATIONS MADE ON: FUND. CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:

•
STIPULATION OF EXPECIED TESTIMONY: Y. / N
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N
DEPOSITION TRANSCRIPT CER Y IN
TRIAL TRANSCRIPT CER [WEED . Y IN
ORIGINAL SWORN STATEMENT: Y IN

PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N vvrrNEss:
111111Mall
ETS / PCS / DEROS TDY:
NAME / DOB / SSN /UNIT / LOCATION:

SSN:
DOB:
INTERVIEWED BY TC ON:
AIR TRAVEL: YIN
LODGING: Y / N
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y IN
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

07057
N / A :INSINaLVIS X110/AS IVNID1110
N / A :CraLILLIEEED .141113SXVILL avna
N/ A :CIBILEIllaD IdDIDSXVILL NOLLISOJEICE
N / A :TIEIVTIVAV ANONILLSaL 110111.1

/ A :Atstoysiusai. ("ammo do NOLLYTIMLIS :NO COPIIIIINIOD smanio &MOIL :NO HD SIEICP:I0 :NO ClatiOliddV ano CINfl3 :NO WWI SNOLLVAITEISall N / A :DNIDCRYI N / A ='IjAVILL ITIV :NO DI AEI ClaNGIANELINI
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PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
WITNESS:
CIVILIAN / MILITARY
ETS / PCS / DEROS:
NAME / DOB / SSN I UNIT / LOCATION:

1111111111111111111.
DOB:
N:
INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N
RESERVATIONS. MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:

.TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y / N
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

DEPOSITION TRANSCRIPT CER alba Y IN
TRIAL TRANSCRIPT CERTIFIED . Y / N
ORIGINAL SWORN STATEMENT: Y / N

PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N WITNESS: 11111111, CIVILIAN / MILITARY
0 70 5 9
ETS / PCS / DEROS:
NAME / DOB / SSN / UNIT / LOCATION:

INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:.
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y / N
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

DEPOSITION TRANSCRIPT CER1MED: Y IN TRIAL TRANSCRIPT CERTIFIED -Y./ N ORIGINAL SWORN STATEMENT: Y / N
PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
6-'7/
WIMESSMIGNIMININIONS
CIVILIAN / MILITARY
ETS/PCS/DEROS:
NAME / DOB / SSN / UNIT / LOCATION:

s¦¦1111•111mw
b4-%1
INTERVIEWED BY TC ON:

AIR TRAVEL: YIN
LODGING: YIN
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPEC1ED TESTIMONY: Y / N

•
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

• DEPOSITION TRANSCRIPT CERTIFIED-YIN
TRIAL TRANSCRIPT CERTIFIED -Y / N
ORIGINAL SWORN STATEMENT: Y / N

•
PRIOR EXPERT PUBLICATIONS AVAILABLE: YIN

WITNESS:1111111111.1111111111P
CnalMg/NRATARY
NAME / DOB / SSN / UNIT / LOCATION:
/1111111111111111111"

tibr
OB:
1207061

INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECI ED TESTIMONY: Y / N
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

DEPOSITION TRANSCRIPT CER UMW: Y /N TRIAL TRANSCRIPT CERTIFIED -Y / N ORIGINAL SWORN STATEMENT: Y / N
PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
MOTIONS: (CHANGE OF VENUE AND SUPPRESSION OF STATEMEIVTS)
TYPE OF MOTION CH ED: Y / N MOTION IS DISPOSITIVE TO GOVERNMENT'S CASE: Y N RELIEF REQUESTED CITED: Y / N BURDEN OF PROOF AND STANDARD OF REVIEW CITED: Y / N OIFER OF PROOF WITH MOTION: Y / N COPIES OF CASES CITED PROVIDED TO MJ / TC / DC: Y / N WITNESS TESTIMONY COORDINATED: Y / N PHYSICAL EVIDENCE COORDINATED: Y / N MOTION GRANTED / DENIED ON: MJ MOTION FINDINGS ON THE RECORD: Y / N
VOIR DIRE: PANEL QUESTIONNAIRES FOR MJ / TC / DC: Y / N VOIR DIRE QUESTIONS FOR MJ / TC / DC: Y / N
TC HAS BAISON CASE LAW AND PROFFER: Y /1%1 SEATING CHART TO MJ / REPORTER / TC / DC: Y / N
TRIAL MATERIALS: MANUAL FOR COURTS-MARTIAL: Y / N JUDGE'S BENCHBOOK: Y / N ' CIRCUIT RULES OF COURT: Y / N
TRIAL NO i EBOOK: Y / N ELEMENTS FOR EACH CHARGE / SPECIFICATION: Y / N FOUNDATION LIST FOR EVIDENCE: Y / N WITNESS LIST: Y / N
WITNESS QUESTIONS: Y / N EXHIBIT LIST: Y / N PANEL SEATING CHART: Y / N FINDINGS WORKSHEET / FLYER: Y / N OPENING STATEMENT OUTLINE: Y / N CLOSING ARGUMENT OUTLINE: Y / N

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RECOMMENDATION:
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POC: CPT STEIGERWALD
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LOCATION: BIAP

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