This document is a letter from the defense counsel of an accused soldier for an adjournment in the proceedings for the soldier to be assigned new defense counsel and to allow that new counsel to prepare for trial in the matter. The facts of the case against the soldier are that on or about June 20, 2003 the soldier (an Officer) found a young Iraqi boy supposedly looting and instead of taking him in to custody he took the boy to a secluded area, threatened him with a gun and gun shot and released him. There is also a statement concerning the boy's family members.
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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Mc! / / aIMIMMIIIIImb:SSHSLLIAtt N / A :MEIVIIVAV SNOLLVDrIffid ill3d3CEI2IORM / A :INS:WaLVIS N110/AS N / A •CIELLILLITEID X/ A :CFIAT.T.W.4:1 Laniastsivu NOLUSOdEKI
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
'.20706:1
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First Name: Rank:aRIFUnit:
TC:11111111111mw
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Summary: lk
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RECOMMENDATION:
1.07061
work order (2209x2509x24b brni3)
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POC: CPT STEIGERWALD
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LOCATION: BIAP
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