CID Report (Death): 0133-2004-CID452-63629

Investigation initiated following discovery of a CD during an office clean-up in Afghanistan, containing numerous pictures of American soldiers posing with pistols and M-4 rifles pointed at the heads and backs of hooded and bound detainees and wrestling with hooded and bound local nationals. There were also photographs of blood stains at various locations and two photographs of a local national that had been killed by gunshot. The photographs were taken by a number of soldiers from the Second Platoon of the 22nd Infantry Battalion while stationed at Fire Base Tycze, Dae Rah Wod.

Doc_type: 
Investigative File
Doc_date: 
Wednesday, August 25, 2004
Doc_rel_date: 
Sunday, January 30, 2005
Doc_text: 

FOR OFFICIAL USE ONLY Law Enforcement Sensitive DEPARTMENT OF THE ARMY U.S. ARMY CRIMINAL. INVESTIGATION COMMAND 62d Military Police Detachment . 4871 Netherly Street, Fort Drum, New York 13602 -5013 25 Aug 2004 MEMORANDUM FOR: SEE DISTRIBUTION SUBJECT: CID REPORT OF INVESTIGATION - FINAL (C)/SSI - 0133-2004-C10452-63629 5C1A / 5M3A_/ 5X3 / 5Y2D2 / 5C2B bATES/TI/vIES/LOCATIONS OF OCCURRENCES: 1. 05 DEC 2003, 0001 - 29 FEB 2004, 23S9; IN AND AROUND FIRE BASE (FB) TYCZE, DAE RAH WOD (DRW), AFGHANISTAN 2. 08 JUL 2004, 1423 - 08 JUL 2004, 1423; CID OFFICE, BUILDING 4871, FORT DRUM, NY 13602 DATEITME REPORTED: 13 JUL 2004, 1310 INVESTIGATED BY: 10-4,-,t La- t a SA SA SA SA SUBJECT: j c.- C-5- --5 1. , SPC; 111/1111111.111111111. MALE; WHITE; BRAVO COMPANY, 2/22ND INFANTRY BN, FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), MAKING A FALSE STATEMENT, A.SSESSORY BEFORE THE FACT, DERELICTION OF DUTY 4.636.1 ilfipm- mi gisimaiiiii ciaim-ga migi 2. SGT; MALE; OTHER; BRAVO COMPANY, 2/22ND INFANTRY EN, 10TH MOUNTAIN DIVISION (LI), FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), DERELICTION OF DUTY ufti;46... 3.1111111/1=11•111IM SPC, 111111111111111111111•11MALE; WHITE; BRAVO COMPANY, 2/22ND INFANTRY BN, 10TH MOUNTAIN DIVISION (LI), FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT 1 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 0000 0 1 DODDOACID 006176 FOR OFFICIAL USE ONLY Law Enforcement Sensitive (UNFOUNDED), DERELICTION OF DUTY 1014-- S- 5- joq.c .0 406 4. SPC; MALE; UNKNOWN; BRAVO COMPANY, 2/22ND INFANTRY BN, 10TH MOUNTAIN DIVISION (LP, FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), DERELICTION OF DUTY Ce7C- L=6 /0-7..C.- - t L6- 5- SPC; E; WI-11.1E; BRAVO COMPANY, 2/22ND INFANTRY EN, 10TH MOUNTAIN DIVISION (LD, FORT DRUM; NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), DERELICTION OF DUTY - 6. SPC; MALE; UNKNOWN; ALPHA COMPANY, 41ST ENGINEER BN, 10TH MOUNTAIN DIVISION (LI), FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), DERELICTION OF DUTY -6- Us-5 - CgC) SSG; MALE; WHITE; B COMPANY, 2/22 INF BN, FORT DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED), DERELICTION OF DUTY 8. PFC; 111011111110 MALE; WHITE; BRAVO COMPANY, 2/22ND INFANTRY. BN, 10TH MOUNTAIN DIVISION (LI), FT. DRUM, NY 13602; FC ; AGGRAVATED ASSAULT (UNFOUNDED) DERELICTION OF DUTY -5- 41:3-0‘, 9. ,SPC; MALE; BLACK; HEADQUARTERS SUPPORT BATTERY (HSB), 3/321ST FIELD ARTILLERY BN, 82ND AIRBORNE DIVISION , FORT BRAGG, NC 28307; FC ; ASSAULT VICTIM: 1.UNKNOWN DETAINEE, ; AGGRAVATED ASSAULT (UNFOUNDED), ASSAULT (NFI) 2. U.S. GOVERNMENT; FORT DRUM, NY 13602; MAKING A FALSE STATEMENT, ASSESS ORY BEFORE THE FACT, DERELICTION OF DUTY INVESTIGATIVE SUMMARY: 2 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 0010002 DODDOACID 006177 FOR OFFICIAL USE ONLY Law Enforcement Sensitive THIS IS AN OPERATION ENDURING FREEDOM (OEF) INVESTIGATION. This Report of Iinvestigation (ROI) was initiated at the direction of the Deputy Chief of Staff for Operations (DCSOPS), USACIDC, Fort Belvoir, VA, regarding soldiers assigned to 2nd Platoon, B Co, 2nd Battalion, 22nd Infantry, (2/22nd Inf Bn), Fort Drum, NY (FDNY), who allegedly participated in the abuse or Maltreatment of detainees (Persons Under U.S. Control (PUC)) while deployed in support OEF. The original complaint was initiated under USACIDC ROI 0078-04-CID369-69288, by the Afghanistan Miilitary Police Detachment (MP Det) (CID), APO AE 09354, On 24-Jun 04, the Afghanistan MP Det (CM) obtained a compact disk (CD) containing digital images of what appeared to be abuse and maltreatment of detainees under the control of members of 2nd Platoon, B Co, 2/22nd Inf Bn, while deployed to Afghanistan. A review of the CD disclosed digital images of uniformed Soldiers pointing pistols and M-4 rifles at the heads of bound and hooded detainees, at what was subsequently identified as Fire Base (FB) Tycze, Dah Rah Wod (DRW), Afghanistan. One image on the CD identified during the preliminary investigation by the Afghanistan MP Det (CID), appeared to depict a dead local national from apparent gunShot wounds; it was not known whether the death was combat related or a result of foul play. Investigation determined the deceased local national was shot after he launched an armed attack against a guard post on FB Tycze in which three soldiers were seriously wounded. Investigation established prObable cause to believe PFC G'l SPC 11111111111 SPC , SPCM111111, SPANN. SS GIIIIIIMINIR and PF( committed the offense of dereliction of duty, when as guards detailed to secure and protect detainees, they willfully failed to perform their duties with no reasonable or just excuse, by jokingly pointing weapons at the bound detainees, and exposed photographs of this unwarrante activity. 63C'S Investigation established the offense of aggravated assault did not occur as initially reported, in respect to PFC WIMPSGT. SKIM. SPC 1111/11111.SSG 11.111111k and PFC Investigation did not establish credible information to indicate an intent on behalf of these indivudals to harm the PUC's, and no evidence identified to indicate the bound detainees were in fear for their lives, or of grievous bodily harm,-or even aware weapons were being pointed at them as depicted in the images. Investigation established probable cause to believe SP committed the offenses of accessory before the fact and false official statement, when he exposed photographs of referenced soldiers pointing weapons at the detainees and later rendering a sworn statement 3 FOR OFFICIAL USE ONLY Law Enforcement Sensitive DODDOACID 006178 FOR OFFICIAL USE ONLY Law Enforcement Sensitive denying any participation is such activity; a statement he knew at the time to be false. Ns' Investigation established probable cause to believe SP CIIIIIIIMP committed the offense of assault' consummated by a battery, when he punched a bound detainee in the back of the head. STATUTES: Article 78, UCMJ: Accessory' Article 92, UCMJ: Dereliction of Duty Article 128, UCMJ: Assault Consummated by a Battery Article 128, UCMJ: Aggravated Assault (Unfounded) EXHIBITS/SUBSTANTIATION: Attached: 1. Agent's Investigative Report (MR) of SA , 9 Jul 04, documenting the basis for , investigation; interviews of CPT 1SG MOM CP'-iso 6i.c--1( t,"4 and PFC-, subject interviews of SOT d spcimig. 67.c. -51106,-5' interview of SSG SSG.... and PF and consent searches kaath.k:4 -6-1/4,k6.-3- pertaining to PFC kil-c-S414.- ''' °11911.11t 11tS GITM O OSPNO ... and PF 2. AIR of SA 2 Jul 04, documenting her interviews with CP r and 1SG 1111111111110.0444 156-q 3. Sworn Statement of CPT16616'/ 32 ,J ul 04, concerning his knowledge of the existence of the CD found in the SJA office in Afghanistan in Jun 04. 4. Sworn Statement of 1 SG iiiiiiiiii , 2 Jul 04, concerning his knowledge of the CD found in the SJA office and identification of some of the individuals in the photographs. 5. AIR of SA 7 Jul 04, documenting the subject interview of SGa 5. 44C-1 6E01 and search of SGT WI personal vehicle and residence, and collection of evidence pursuant to the search. folc-41*-SVika 7. Rights Warning Procedure/Waiver Certificate and statement of SP , 8 Jul 04, regarding his knowledge of the individuals depicted in the photographs from the CD. 4 FOR OFFICIAL USE ONLY Law Enforcement Sensitive ao-oo 0 0 t 6. Rights Warning Procedure/Waiver Certificate of SG , 7 Jul 04, where in he requested legal counsel. DODDOACID 006179 410 • FOR OFFICIAL USE ONLY Law Enforcement Sensitive .4; 8. Sworn Statement of PFCIIII/IMIIIP, 9 Jul 04, detailing his knowledge of the incident and identified several individuals in the photographs. ' gi itis-1. 6 9. AIR of SA 15 Jul 04, documenting collection of unit computers from B Co, 2/22nd Inf Bn, as evidence; commanders coordination; interview of SSG1111111111111. and 61(-4( collection of evidence from SSG IIIIIIIIIPP, interview of SGT ONIIIIM and collection of 66-it evidence from SGT sioNIMIIP, interview of SGT/111111., interview of SPC`; subject interview of SPC and search of SPC _ IIIMMIP personal property. anc-slogrte . 44 oc-106 . 10. Sworn Statement of SG 12 Jul 04, wherein he identified several individuals in the photographs. Rights Warning Procedure/Waiver Certificate and Statement of SPC, 15 Jul 04, wherein he admitted to posing for a photograph in which he is pointing a weapon at a detainee with SPC 6-.3( -6r IA-6- t 13.MR of 19 Jul 04, documenting the interviews of SOT and • U"ll7a-i"ll tlc6 collection of evidence from SGT and the interview of PFC "- la 14. Sworn Statement of SGT 8 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. 15. Sworn Statement of PFC iipl 15 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. 116 /i gig 16. AIR of SA 8 Jul 04, documenting the subject interview of SP 4 d 17. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SPC L , 8 Jul 04, wherein he admitted to posing in a photograph, at least twice, while pointing a weapon at a detainee. (9‘,-1 C. 4 18. AIR of SA 11.11111t16 Jul 04, documenting interviews of SGT PV I 1 1.1111, PFCM111*, SPCii11101001i, SPC UMW SPC IlliMMOF, and law enforcement record checks. 0'`f t ts -`4 14 t/6-(4 101-4.40174/ 19. Sworn Statement of SGT 18 Jul 04, detailing his knowledge of this incident. 5 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 00G0f.)C'6 11. Sworn Statement of SPUJOeIlNaILMiErti 1g4 -J ul 04, wherein he identified several individuals in the photographs. DODDOACID 006180 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 20. Sworn. Statement of PV-1.11.111111112 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. 21. Sworn Statement of PFOIMINIINIk13 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. 22. Sworn Statement of 14 Jul 04, detailing his knowledge of the incident an identification of several individuals in the photographs. 23. Sworn Statement of SP1111111111, 15 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. 24. Sworn Statement of SPC11n111, 16 Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. la -I 25. AIR of S 16 Jul 04, documenting the interviews of PFC SGTM1111.11. PFC1111111111111111PFAMilii and PFCIMINIIIININIk and cursory searches of seized computers. 616-(-11,6& -ti LoVerist6"4 26. Rights Warning Procedure/Waiver Certificate and Sworn Statement of PF41114 16 Jul • 1( 04, admitting to posing in pictures depicting him pointing weapons at bound detainees and further detailing PFC11111. assaulting a bound detainee. 27. MR of Skill, 13 Jul 04, documenting the interview of SFtliatieand Collection of evidence from SPC ter+c (06 -`1 28. Sworn Statement of SFC11111111111111i, 12 Jul 04, detailing his knowledge of the incident an the identification of individuals in the photographs. 29. Hand-drawn sketch prepared by SFCIMIND, 12 Jul 04, detailing the layout of FB Tycze. 30. AIR of SAIMIlifilk 16 Jul 04, detailing interview of spcsalmk. and consent to search. 31. AIR of SA 111111111111111111, 20 Jul 04, detailing interview of SPOON.. 32. Sworn Statement of SPCIMONO 20 Jul 04, detailing his knowledge of the incident and the identification of individuals in the photographs. 6 FOR OFFICIAL USE ONLY Law Enforcement Sensitive Ct.QG00 06 64c-"1 DODDOACID 006181 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 33.AIR of SA 2 Aug 04, documenting the interview of PFCMIIIIMPand consent to search. 34. Rights Warning Procedure/Waiver Certificate and Sworn Statement of PFC 2 Aug 04, wherein he denied assaulting any detainee while in Afghanistan as alleged. --/ 35. AIR of SA IIIMII=nIr 11 Aug 04, documenting the interviews of SSG SPC gifitivit SSG MIMI 4, and SPCNOMMIP consent search of SSGIIIMMIkolc-51,“' Ll' 6Erq and cordination with &TA action comander.rolc'li 36. Rights Warning ProcedurefWaiver Certificate and Sworn Statement of SSG , 20 Jul 04, wherein he admitted to pointing weapons at bound detainees. 37. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SPC =MP 20 Jul 04, wherein he recanted his earlier statement by admitting to pointing weapons at bound detainees. 38. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SSG , 22 Jul 04, detailing why he advised SPC to delete questionable images from his camera. 4C-5-iirn 39. AIR. of SA Jul 04, documenting the interview of SPC allidiligd consent linc4.126-1 search of sPcillINIINI1q/ 4G - TiloG'S- _tarK=l-i,-f1t/41" 40. Righti Warning Procedure/Waiver Certificate and.Sworn Statement of SPCl21 Jul 04, admitting to posing in pictures depicting him pointing weapons at bound detainees. -f k-f 41. AIR of SA 8 Jul 04, documenting the interview of SPC 42. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SPC , . 8 Jul 04, wherein he admitted to pointing a weapon at the head of a detainee. 43. Hand-drawn sketch prepared by SPCIMINIA, 8 Jul 04, detailing the layout of F13 Tycze. 44. AIR of SA 09 Jul 04, documenting the interview and consent to search of 1LT 01..1.67c• qi 49‘ 45. Sworn Statement of 1LTlif/kalat Jul 04, detailing his knowledge of the incident and identification of several individuals in the photographs. tog_L-_4_ L49G-1 46. AIR of SAlliii,(08 Jul 04, documenting the interview of PFC VEEP 7 FOR OFFICIAL USE ONLY Law Enforcement Sensitive -6400007 DO DDOACI D 006182 FOR OFFICIAL USE ONLY Law Enforcement Sensitive J92c.14,4 47. Sworn Statement of PFCMIIP, 08 Jul 04, detailing his knowledge of the incident. 6.0 kr-c( 48. AIR of SAINIMP 08 Jul 04, documenting the interview of SS Gitailit641 49. Sworn Statement of SS 08 Jul 04, detailing his knowledge of the incident. 50. AIR of SA aiiiG.0Y8 Jul 04, documenting the interview and consent to search of SOT 51. Sworn Statement of SOT 08 Jul 04, detailing his knowledge of the incident and identification of individuals in the photographs. Iqc.300(-11 52. List prepared by SGT 8 Jul 04, documenting the sequential identification of individuals in the photographic packet _1-C-096-1 . -1 9 53. AIR of SA IMF u8 Jul 04, documenting the interview of SSG 54. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SS , 08 Jul 04, wherein he denied any knowledge of the incident and identified individuals in the photographs. cteifeLy 55.AIR of SA 111111111P, 08 Jul 04, documenting the interview of SP 1t33. 4.66 56.Sworn Statement of SPCP., 08 Jul 04, detailing his knowledge of the incident and identification of individuals in the photographs. 57. Hand-drawn sketch prepared by PF Vi dee picting the layout of F13 Tycze. 58. AIR of SA 08 Jul 04, documenting his coordination with SPC • 59. AIR of SA, 09 Jul 04, documenting the interview of 60. Rights Warning Procedure/Waiver Certificate and Sworn Statement of SPCiriligli,% .8 Jul 04, detailing his knowledge of the incident. 61. Photographs with descriptions provided by SP , 08 Jul 04, detailing his knowledge of individual in the photographs. (USACIDC, SJA and Commander copies only) 1/1411-cif 62. AIR of SA 09 Jul 04, documenting detailing interview of SPC 8 FOR OFFICIAL USE ONLY Law EnforceMent Sensitive V..1,Q000B DODDOACID 006183 63. Sworn Statement of SPC 64. AIR of SA 09 PFC onia.6-1--Liikip -44 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 74-51,W,-V 09 Jul 04, detailing his knowledge of the incident. Jul 04, documenting the interviews of SGT and 65. Sworn Statement of SGT graiiiiiap, 09 Jul 04, detailing his knowledge of the incident .' and the identification of individuals in the photographs. 66. Hand-drawn sketch prepared by SGT 09 Jul 04, detailing the layout of FB Tycze. 67. Sworn Statement of PFC 09 Jul 04, detailing his knowledge of the incident a the identification of individuals in the photographs. 68. Hand-drawn sketch prepared by pFAIIIIIM, 09 Jul 04, detailing the layout of FB Tycze. 69. AIR of SA , 12 Jul 04, documenting the interview of 2fer1.. Icro-1 SPCtiellit 4 70. Sworn Statement of SPC wpm= 09 Jul 04, detailing his knowledge of the incident. 71. Photographs with descriptions provided by SPCIlliaa 09 Jul 04, detailing his knowledge of the individuals and photographs. (USACIDC, SJA and Commander copies only) irtrn6. io 72. AIR of SA 05 Aug 04, documenting the interview and consent search of SGTOMPIMP 34:"'106-11 73. Sworn Statement of SGT , 05 Aug 04, detailing his knowledge of the inciden 74. Consent to Search pertaining to pFcgiiiik 6 Jul 04. 64c--4 75. Consent to Search pertaining to SGTOWAR, 7 Jul 04 76. Consent to Search pertaining to SSG , 7 Jul 04 j 77. (2) Consent to Search pertaining to ILT 07 Jul 04 78. Consent to Search pertaining to SPCIMITII 8 Jul 04 • 9 FOR OFFICIAL USE ONLY Law Enforcement Sensitive -irth-40009 DODDOACID 006184 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 79. Consent to Search pertaining to SOT IMMO* 8 Jul 04 irAC • 80. Consent to Search pertaining to SGT imm.08 Jul 04 106-11 81. Consent to Search pertaining to SOT 11111n111t 08 Jul 0 82. Consent to Search pertaining to SPC=1! n08 Jul 04 83. Consent to Search pertaining to PFC NOIR 08 Jul 04 84. Consent to Search pertaining to SPCIIMMINNIP, 9 Jul 04 85. Consent to Search pertaining to SGT IIIIINIP 12 Jul 04 86. Consent to Search pertaining to PFC alliniMMR 12 Jul 04 87. Consent to Search pertaining to PVT MM. 12 Jul 04 88. (2) Consent to Search pertaining to SEC MIMI* 12 and 13 Jul 0 89. Consent to Search pertaining to PFC 13 .Jul 04 90. Consent to Search pertaining to SPC 14 Jul 04 91. Consent to Search pertaining to SPC11111111111M 14 Jul 04 92. Consent to Search pertaining to PFC 15 Jul 04 93. Consent to Search pertaining to SP 15 Jul 04 94. Consent to. Search pertaining to PECigailait Jul 04 95. Consent to Search pertaining to SPC 16 Jul 04 96. Consent to Search pertaining to PFC141116,1-6 Jul 04 97. Consent to Search pertaining to PFC 16 Jul 04 98. Consent to Search pertaining to SPCIiirillaii (16 Jul. 04 10 FOR OFFICIAL USE ONLY Law Enforcement Sensitive DODDOACID 006185 . FOR OFFICIAL USE ONLY aw Enforcement Sensitive 99. Consent to Search pertaining to SSG 20 Jul 04 100. Consent to Search pertaining to SPC 12l Jul 04 • 101. Consent to Search pertaining to SGTillail05 Aug 04 102. Photographic Packet comprised of 31 photographs. (USACIDC, SJA and Commander copies only) • a. Packet containing photographs 1-20 (found Images - original CD) b. Packet containing photographs 21-31 (found Images) 103. CD 040133.452 containing all photographic images and the originals of Exhibit 102. (USACRC copy only) 104. (3) Crime Lab Examination Request,. 3 , 19, and 20 Aug 04. (USACRC and file copies only) 105. DA Form 4137, Evidence/Property Custody Document, Document Number (DN) 044-04 through 046-04, 6-7 Jul 04; 047-04 through 049-04, 8 Jul 04; 051-04, 09 Jul 041 and 052-04, 13 Jul 04. Not Attached: Forwarded to USACIL, Fort Gillem, GA: 106. Laptop (US Government), Item I, DN 044-04 107. Laptop (US Government), Item 3, DN 044-04 108. Laptop (US Government), Item 4, DN 044-04 109. Laptop (US Government), Item 5, DN 044-04 110. CPU (SGTitiliirm 2, DN 045-04 111. CPU (SSG M , Item 3, DN 046-04 112. Three Disposable Cameras (SGT DN 047-04 11 FOR OFFICIAL USE ONLY Law Enforcement Sensitive Q 0 C I DODDOACID 006186 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 113. Two rolls 35mm. film (SOT Item 1, DN 048-04 114. Laptop (SPC aiii(Item 1, D14 049-04 115. Camera (PFC Item 3, DN 051-04 116. Digital Camera (SFC lipSern 1, DN 052-04 117. Laptop (US Government), Item 2, DN 044-04 Retained in the Evidence Depository, this office: 118. Digital Camera (SGT UMW Item 1, DN 045-04 119. Compact Disc Case and one CD (ssdialg, Item 1, DN 046-04 120. Digital Camera (SPC Item 3, DN 049-04 121. Seven Mini-Cassettes (PFC Rem 2, DN 051-04 122. Compact Disc Case and two CDs (SSG1661-4 11 Item 2, DN 046-04 123. CD (SPC lialitiliItem 2, DN 049-04 124. CD (original), Item 1, DN 053-04 Released to Owner: 444E44 125, 20 CD's (PFC , Item 1, DN 051-04 The originals of Exhibits 1 through 5, 8 through 11, 13 through 16, 18 through 25, 27 through 33, 35, 38, 39, 41; 43 through 74, 76, 77, 79 through 81, 83 through 92, 94, 95, 97, 98, and 101 were forWarded with the USACRC copy of this report. The originals of Exhibits 6, 7, 12, 17, 26, 34, 36, 37, 40, 42, 75, 78, 82, 93, 96, 99 and 100, were retained in the files of this office pending adjudication. The originals of Exhibit 104 were retained at the US Army Criminal Investigation Laboratory, Ft Gillem, GA. The originals of Exhibit 105 were retained in the files of the evidence depository, this office. STATUS: This is a Final (C) report. Commander's report of action taken (DA 4833) is pending. 12 FOR OFFICIAL USE ONLY Law Enforcement Sensitive Citi00:12 DODDOACID 006187 REPORT PPROVED Y Special Agent, mai Agent-in-Charge FOR OFFICIAL USE ONLY Law Enforcement Sensitive This investigation was terminated in accordance with paragraph 4-17a (5) and (12),CIDR 195-1, where in the supported SJA was of the opinion sufficient admissible evidence was available to prosecute the subjects for the listed offenses, and further investigative activity would no result in the identification of additional subjects or offenses; and the supported commander indicated an intent to take action amounting to less than a courts-martial, and no further assistance from the USACIDC was required. As a result of early termination, investigative efforts to fully identify, locate, and interview individuals referenced in certain statements, who were not assigned to B Co, 2/22d Inf Bn (e.g. SF Soldiers at FB Tycze), were not accomplished. A supplemental report will be generated on receipt of the laboratory findingth on evidence submitted for forensic examination: DISTRIBUTION: Dir, USACRC, Ft Belvoir, VA ' THRU: CDR, 2/22nd Inf Bn, FDNY (w/exhibits) TO: CDR, B Co, 2/22nd Inf Bn, FDNY THRU: CDR, 41 st Eng Bn, FDNY (w/exhibits) TO: CDR, A Co, 41 St Eng Bn, FDNY THRU: CDR, 31321st FA BN, 82nd ABN DIV, FT BRAGG NC (w/exhibits) TO: CDR, HSB, 3/321st FA BN, 82nd ABN DIV, FT BRAGG NC (w/exhibits) SEA, CHIEF, CRIM LAW, FDNY (w/Oxhibits) THRU: CDR, WASH DIST (CID), FT MYER VA (w/exhibits) TO: CDR 3D MP GRP USACIDC FT GILLEM GA TO: CDR, USACIDC, ATTN: CIOP-ZA, FT BELVOIR VA SGS, 10TH MTN DIV, FDNY PM, 10TH MTN DIV, FDNY DES RECORDS SECT FDNY FILE 13 FOR OFFICIAL USE ONLY Law Enforcement Sensitive. DO DDOAC I D 006188 0 FOR OFFICIAL USE ONLY Law Enforcement SanOwe AGENT'S INVESTIGATIVE REPORT ROI NUMBER 0133-04-CID452-63629 CID Regidalion 194-1 _ DETAILS Basis for Investigation: About 1310, 13 Jul 04, the Deputy Chief of Staff for Operations (DCSOPS), USACIDC, Fort Belvoir, VA 22060, directed this office initiate a ROI in relation to a Request for Assistance (RFAI from the Afghanistan MP Det (CID), pertaining to alleged detainee maltreatment by members of B Co, 2/22" Inf Bn, FNDY, under ROI 0078-04--CID369-69288. Agent's Comnieut: For reader clarification, this AIR incorporates investigative activity conducted under the original RFA (0122-04-CID452) prior to 13 Jul 04 when the CID DCSOPS directed the Fort pram CID to manage the ROI pertaining to this incident. Further, the letter P followed by a number (P-1 thru 21) refers to photographs of suspected detainee abuse produced from the CD found in the SJA office in Afghanistan, containing images of suspected detainee abuses. Distribution of the photographic packet (Exhibit/0i) produced from the CD is limited to specific recipients of this report, and was used during this investigation to facilitate interviews and to ensure accurate descriptions and identification of the of images. kbi kac About 1640, 2 Ju 4, CPT , Office of the Staff Judge Advocate (SJA), FDNY, was interviewed by SA and S regarding his knowledge of the CD found in the SJA office in Afghanistan. CP rendered a sworn' statement wherein he had no knowledge of the existence of the CD while iri Afghanistan. (See MR of SAWN. and statement for details): c.- •6 About 2145, 2 Jul 04, 1SG ,1-3:1-1C, 2122"d la Bn, FDNY was interviewed by SA am and rendered sworn statement where in he claimed he had no ir.no d o erring the existence Y o e found in the Afghanistan office. ISAMU. identified SSG SFC- u - ilimillgamp and PVTIIIIIIMMIIIIIIIIIIM. all of B Co, 2/22" Inf Bn, in some o e photographs. I SGIIIIIIMPdescribed the images of what appeared to be bound Soldiers, as an activity called PUC'ing (Person Under Control); a ritualistic activity done on birthdays, re-enlistments, and similar events, by fellow platoon members. In respect to the photographs of Soldiers pointing weapons at bound and' hooded detainees, 1SG 1111111Mfated such activity was not sanctioned by the unit SOP or any level of the command. (See statement for details) bIt' A(04'4( About 1045, 06 Jul 04, SA flial- ailPI interviewed CPTI1114111 Via Legal Claims, Staff Judge Advocate (SJA), FDNY, who was also deployed in the theater of operations where the CD was initially fOund. cpaliMill stated he had no knowledge as to where the CD originated, or how it came to be found in tie former SJA office there. He did not recall seeing the CD while deployed there. CP'I stated there were numerous boxes in his office, which he never looked through, and believed the CD was put in his office 15'1'5 after he left on or about 1 Apr 04. CPTIIIIIII/recalled one instance where an interpreter (NFI) gave him L4 ,-3 disc and asked him to put some photographs on it. CPTINIMPrelated lip never looked at the CD, and nev r got around to putting any images on it. CPT... asked the interpreter whether he wanted the CD . returned; however, the interpreter told him not to worry about it. He described the interpreter as a thin, Middl Eastern male, about 5'6", who normally wore "preppy" clothing, and worked at the Bagram Collection Point TYPED AGE S NAME , Ni S 0 ENCE NUMBER 1ORGANIZATION - C. , 011. 4 162"d Military Police Detachment (CID) i ' Fort Drum, NY 13602 irDATE 09 Jul 04 EXHIBIT 1 1 1 FOR OFFICIAL USE ONLY U -71. 4 FEB 71 Law Enforcement Sensitive DODDOACID 006189 S I ",-.L.Pi•• 0 • 1 FEB 77 FOR OFFICIAL USE ONLY Levi Enforcement Sensitive ----- AGENT'S INVESTIGATIVE REPORT ROI NUMBER 0133-04-C1D452-63629 C1D Regulation 195-1 Page 2 of 5 DETAILS 164C-1 —3 (BCP). CPT as unsure whether that particular CD was the CD found with the questioned images found in the SJA office. CPT elated he did not know anyone from 2/22 nd Inf Bn personally; however, he had clients in his office from the unit for claims and legal assistance issues (NFD. io..-s,About 1430, 6 Jul 04, SA and SAIIIiikilla6—la lit -I 196-1 this office, coordinated with ISG111. lic‘-3 B Co, 2/22nd Inf Bn, FDNY, and determined the entire company was on block leave through the end of Jul 04. 1SG IIIIIIIIIII. provided copies of all leave forms and a tracking sheet generated by the unit to assist in locating individuals for interviews. About 1745, 6 Jul 04, SA and INT ,this office, interviewed PFC.!. B Co, 2/22nd Inf Bn, FDNY, who stated he deployed to Afghanistan at the end of July 03 with 211 platoon. His duties included grenadier and guard at FB Tycze. PFC 11111P stated he was deployed from Jul 03 to approximately Dec 03, at which time he went on emergency leave, and the returned an was at FB Tycze. He stated his duties included patrol, guard duty, and detainee guard. PFC amiii stated after his mission in FB Tycze, his platoon was assigned to Quaint until April 04, after which he returned to 11-4.1 Kandahar for redeployment: PFC IMP stated the detainees lived in suitable living conditions, which subsequently improved when the new PUC facility was built. PFC IIIIIP stated he felt they lived in better conditions than the soldiers. PFC11101. was shown the images taken fro fter view several WSW as the images contained in a photographic packet PFC identified SS individuals depi la and PVT in P-2 PECI—IIIIIPbe lieved SP T/tras depicted in P-4, since SPC Ivas the only one PUC'd in the old PUC facility. PFC U defined this particular conduct (being PUC' d), as a sort of "right of passage" or event, which occurred on birthdays and special events, and was done in and aspect of camaraderie. He was not aware of any individual ever complaining about bein g PUC'd, and everyone who was went aloe with the activity. PFC emphdentified the individual depicted in P-7 as PFC HHC, 2/22nd Inf Bn, FDN, when he was PUC' d. PFC stated he did not witness the event occur and believed it happened on PECIIIIIIMMIP birthday. PFC IIIIIIP was unable to identify any individuals from P-7 through P-9. PFC stated he was unaware of any detainees being treated inhumanely and was shocked to see individuals from his unit would participate in this sort of behavior. When asked to define maltreatment, PFCIIIIIIIIIINtated it would be hitting, in74 slapping, or general mistreatment of other individuals. PFC ifr stated the activity depicted in the 4/ photographs he viewed was abuse and maltreatment. PFC bkvii stated no standard operating procedure (SOP) was published by the chain of command, or by the Special Force (SF) leadership at FB Tyzce. EEC 1.11111.stated they were authorized to play loud music and keep detainees awake if the interrogators wanted them to. PFCIIIIMIKtated they kept the detainees awake by holding them up or by playing the loud music. PFCfWurthiegr rerl ated the detainees were only kept at the facility from only a few days to about to a wee, PFC elated P-11 depicted tower one at FB Tycze, after it was struck by a rocket-propelled grenade (RPG) from an Afghanistan male. PPC state this occurred about 0145, 18 Jan 04, while he was on ORGANVATION 62nd Military Police Detachment (CID) Fort Drum, NY 13602 TYPED AGENTS ME AND S QU&N,CE NUMBER -- Mal DATE 09 Jul 04 FOR OFFICIAL- USE ONLY Law Enforcement Sensitive • 51.010i.:1 5 rX1-01B17 DODDOACID 006190 TYPED AGENTS NAM AND SEQUENCE NUMBER SA —f• SIGN : FEti177 FOR OFFICIAL USE ONLY Law Enforcement Sensitive AGENT'S INVESTIGATIVE REPORT ROI NUMBER 01 33-04-GI D452-63629 .nn •• • • I CID Regulation 195-1 Page 3 of 5 dDuEtTyA ILinS tower three, which was located across the FB. PFCcialiktated that there had been machine gun fire the entire night and closer to the time of the attack the gunfire started impacting within the FB. At the time of the attack, he heard three loud explosions and turned back to see tower one had become engulfed in flames. He observed two soldiers blown out of the tower and soldiers firing from the area where the attack came from. PFC stated the individual depicted in P-20 was the individual who attacked the guard tower that night. PFC all the photographs he viewed were taken at FB Tycze, to the best of his knowledge, and was not aware of any 2/22 nd InfBri members or the SF soldiers and interrogators at the FB do anything unusual or treat anyone inhumanely. (See photographic packet for details) Agent's Comment: PFC Wdail eclined to provide a written statement documenting the above information. Between 1850 and 1930, 6 Jul 04, SA1161111111. and INIllii searched PFAilliallii -rtisidence, pursuant to his written consent, for any additional images, cameras, or digital storage media. Nothing of evidentiary value was identified. (See Consent to Search) VALSJ66..— ii_,_. - -5— About 1030, 7 Jul 04, SGT imp was interviewed by Si. SGTIIIIIIM 5' I described his duties in . Afghanistan. When shown P-20, depicting what appeared to be a dead foreign national, be described the circumstances surrounding an RPG attack on the FB. He described these images as "bad" ones, which probably should not have been exposed. When asked about the photographs depicted in P-8, P-9, and P-10, he stated he [9 ad no knowledge of thein. He admitted to exposing and downloading some images of the detainees onto SPC laptop computer. At this point, Sa1_ was advised of his rights, based on his spontaneous admission, to exposing and downloading images of detainees. SGTINIIII.invoked his right legal counsel, and the interview was terminated. (See AIR of SAIIIIIIMII and Rights Warning Procedure/Waiver Certificate for details) M44166-1 Between 1130 an Jul 04, SAINnir, SAtillia, and INT ieaffililk this office, searched SOT residence, pursuant to his written consent, for any additional images, cameras, or s. digital storage media. SA seized one Olympus D31 0 digital camera and one computer as evidence from the residence. (See Consent to Search) . .. 67c:Lt, -f 4.04,0 6-. -.5— About 1435, 8 Jul 04, SK'," i was interviewed by Si . SP le detailed his duties and responsibilities in Afghanistan and reviewed the photographs. SPC.1.01. stated he several of the photographs depicting Soldiers holding weapons to the heads of detainees. SA - then advised SPC of his rights, which he waived, and he continued to admit to taking, but never being in, photographs of soldiers holding weapons to the back of detainees heads. SPC stated he took the photographs depicting the attack on the base and of the dead local national, with the intention of showing them to the Soldiers injured in the attack what had happened to the attacker. SPCIIIMMINiadmitte he took exposed P.-10 (depicting SPC 11/1111110, P-22 through P-24 (depicting SPC holding a rifle t ORGANIZATION 62nd Military Police Detachment (CID) Fort Drum, NY 13602 DATE 09 Jul 04 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 1 EXHIBIT 0 4,1 0 b DODDOACID 006191 FEB 77 •• FOR OFFICIAL USE ONLY tiw Enforcement Sensitive AGENTS INVESTIGATIVE REPORT ROI NUMBER 0133-04-CID452-63629 CID Regulation 195-1 Page 4 of 5 DETAILS ite.. .'"' the back of the heads of severaldetainees and SG'Wobserving), and may have taken P-25 (depicting what he believed was be SSGIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIPJLI Co, 2122nd Inf Bn, FDNY) and P-26 (depicting SGT UMW (See Waiver Certificate and statement for details). leans-if t 66,-q azi-5 -006-z- About 1030, 7 Jul 04, SA Iliiiiiii -i ntervi• ewed SSG B Co, 2/22nd Inf Bn, FDNY, regarding his knowledge pertaining to the images found on the CD. (See sworn statement and consent to search for details; and AIR of SA for additional investigative activity.) -if About 1700, 8 Jul 04, SA searched SPC ;r oom, pursuant to his written consent. SA 11111111111.1110reviewed digital images on SPC IMIIII. computer and found several images depicting ' potential detainee abuses. One image located in directory "My Photographs", subdirectory "Afghanistan", subdirectory "Photographs of Platoon", image name 111111110EPuc.jpg" was located. According to SPC gegilip, he did not take this photograph, which depicted PVA pointing a rifle at the back of the he of a detainee. SPCSIMIIIIM stated he did not expose all the images, as several of them depicting detainee abuse were exposed by other individuals who borrowed his camera. SPC stated he could not identify the other individuals depicted in the other photographs. SP stated SSG MINOMPI was putting together a CD for the platoon on the computer, using the photographs from Afghanistan. SA seized the computer, along with a Fuji digital camera, and three compact discs, which SPC indicated might contain additional images. (See Consent to Search). -51106.5- -( I( 1-/ About 1050, 9 Jul 04, SAt and 1NTgailifigaithis office, interviewed SSG iiNmmiNINIIIIp B Co, 2/22" Inf Bn, FDNY, who stated he was assigned to B Co, 2/22nd while the unit was assigned to FB Tycze, Afghanistan. SSG IIIIIIIIIPstated his platoon was at FB Tycze fromp c 03 to Feb 04, and he served as a squad leader. He stated the only guidance on the handling of the detainees w to cover their heads with sandbags and flexi cuff them. SSG glima. stated the original detainee location was a temporary fenced in area, after which a cement building with four areas was built to hold detainees. He stated the detainees were given mats to sleep on and food and water whenever they asked for it. He stated weapons were allowed in the detainee area and there was suppose to be two soldiers guarding the detainees at all times. SSG 11.1.1111111Ptated the overall living condition for the detainees was good. He stated while in Afghanistan he only used a disposable camera. SSG gliminp stated he never observed any detainee•abus or rumors of any detainee abuse. He stated the dead local national died after being shot by the SF Soldiers (NFD and members of his platoon after the local national attacked the camp with an RPG. He stated he does not know if any formal investigation was conducted after the attac1rJshooting. SSG immigo stated he wa not on shift when the attack occurred. SSGIIIIIIIIIIP stated he did not know who took the photographs of the dead local national or any other photographs_ He stated he was never given any digital photographs, Nee anyone in the latoon. SSG 11111/1111. stated he believed the individual in P-8 was either SS or SPC B Co, 2122nd Inf Bn, FDNY. He identified the a ti3.9nal in P-20 and P-21 as the one killed after the attack on the FB. SS identified SP as TYPED AGENTS E AND SEQUENCE NUMBER ORGAN/ZAMA, • 62m Military Police Detachment (CID) Fort Drum, NY 13602 DATE. !EXHIBIT 09 Jul 04 Ike FOR OFFICIAL USE ONLY Law Enforcement Sensitive C14 u 0'.. 1 7 DODDOACID 006192 `TYPED A GE T'S NAME AND SEMNCE NUMBER SA - (7, ORGANIZATION 62'd Military Police Detachment (CID) Fort Drum, NY 13602 DATE 1 EXHIBIT 1). 09 Jul 04 FOR OFFICIAL USE ONLY FEB 77 Law Enforcement Sensitive •ID FOR OFFICIAL USE ONLY Law Enforcement Sensitive AGENT'S INVESTIGATIVE REPORT • I ROI NUMBER 0133-04-CID452-63629 • CID Regulation 1954 Page 5 of 5 DETAILS the individual depicted in P-22 thru P-24, holding the weapon. He stated he believed the individual in P-25 was SGT and identified SGT./elks t.4h.1 e individual in P-26. Agent's Comment: SSG firiakt stated he took only scenic photographs of the area and never of detainees. He stated those photographs are in his barracks room at FDNY. SA 111•Mrequested consent to search_ from SSG .111111Mof his vehicle, which he declined. SSG declined to provide a written statemeniconceming the information he provided. 101.c..cr 096 1,91c- t i tatb:A" About 1250, 09 Jul 04, SA 111111 this office, interviewed PFC elk B Co, 2/22" Inf Bn, FDNY, who provided a sworn statement detailing his knowledge of detainee abuse (See statement for details). About 1252, 09 Jul 04, SA searched PFC01C4 116411 his residence, vehicle, and any digital storage media, pursuant to his written consent. SA111.111.1.collected numerous CD's, VHS-C videocassettes, and a disposable camera from PFIAINIIIMil,.As evidence. (See Consent to Search). /1/LAST ENTRYN , i0 AI L 66-q DODDOAC1D 006193 u133- 04- CID452 OFFICIAl. USE 11111.Y - 63629 DE AGENT'S INVESTIGATIVE :REPORT CID Regulation 195-1 PAGE I CO PAGES Wiamfn 7 About 1640, 02 Jul 04, S interviewed CPT .12. Office of the Staff Judge Advocate (SJA), Installation Troop Command (ITC), Fort Drum, NY 13602 (FDNY), who.rendered a sworn statement detailing he had no knowledge of the unmarked compact disc found in a desk, during an office cleanup, by the SJA at Bagram Airfield, Afghanistan. CPT further related he had no knowledge of the picture images that were contained on the disc, which 'depicted suspected detainee abuse (See Sworn Statement of CPT or details). 10a-14 q bout 2145, 02 Jul 04, SIIAIMI IIIPinterviewed 1SG Headquarters, eadquarters Company (HHC), 2 nd Battalion, 2r1 Infantry Battalion (2/22 IN BN), 10 th Mountain Division (MTN DIV), FDNY, who rendered a sworn statement detailing he had no knowledge the compact disc existed ut was able to identify most of the images contained an the disc. ISA...0 related the images contained in Group 1 appeared to have been taken around New Years and depicted several members of B COmpany (Co), 2/22 IN BN, PUC'ing (Placing Under Control) a fellow soldier. IS further related, this platoon had a ritual of hog-tying platoon mates on their birthday, when they re-enlisted or other special events, and the images appear to have been taken at Fire Base Tycze in Doh Rah Wod, Afghanistan. There wer hers of B C B identified in the images, and they were SFC SSG and PVT The images, depicted in Group 2, appear to be that of PFCIIIiiiinikNFI), Brigade Communications section, being PUC'ed at a different time, these images also appear to have been taken at Fire Base Tycze.1SGIIIIIIIII. related the images appearing in Group 3 appear to have been taken at the PUC Facility at Fire Base Tycze. I 5 was unable to positively identify any of the soldiers in the images. 1S411110111. further related the actions depicted in the images, by the US Soldiers, were not Standard Operating Procedures (SOP), nor were they known or sanctioned by any level of Command. 1 SG IIIMIMPstated the images depicted in Group 4 are that of a guard tower struck 631 a rocket propelled grenade (RPG) in January 2004. The blood in the images is believed to be that of 3 US Soldiers wounded in the attack. The images depicted in Group 5 appear to be that of an Afghani National and elieved to be taken in the Aid Station at Fire Base Tycze, and could possibly be that of the person responsible for firing the RPG at the guard tower (See Sworn Statement of 1SGMINMEO for details). 0 TYPED AGENT NAME AND EclUEN UMBER SA ORGANIZATION 62nd Military.Police Detachment (CID), 3 I1 MP Group (C I D) Fort Drum, New York 13602 EXHIBIT CID FORM 94-E. 1 Oct D5 DATE 02 Jul 04 FOR OFFICIAL USE ONLY PROTECTIVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION (Para 13, AR 34046) (When Data Is Entered) • W f; 1•9 FfiR OFFICIAL ESE ONLY DODDOACID 006194 FOR OFFICIAL USE ONLY, LAW. ERFORCENFRT UNfilTIVF . SWORN STATEMENT - The proponent agency of the Deputy f Staff for Personnel. DATE TINS FILM NUMBER 1)2.- .1 147f1 sperm. sscuparg nywin -( -01 U133- 0 4 - C .11)452-6 3625, omaz-oli- ov52_ ORADE/STATUS ciorp4 ORe IZATION OR ADDRER %A4.5-r444,477,0,-) reeo, comohoup ro,er vp_wyi lu 'et , 34007-, want to make the following statement under petite .alca I aPti:va• • al- eaciatirs, /1:a4Vi .• oiu 3 Oeumbefr- 2002 la . SertUt .6 f .1 11,..tql.cA, Weoust_ CY, i. bre,i- fix. oreohopi 6,1-0(tp.iv3 rottfioTh , P13. o ffict. LIU In ti IA1 1 ,4 deut OfetAfietAii Luildit5 - af. &1F. I wt./ At. od /4/1/- -6( / tv .i. 4ra It CPT iiiiir Jot.5 saut) as At, at"' of leml 11-r-ra /f)Nct, 1 CA.PiS 4A-10 buildrice- 0(1)14; Orui riWt OE F, uni e4itiO41.- (Ptrid. ) oid (MF.. 1111 (cretc. q.A&-cf 314 (9G-44 PU(6./Vi tit- Iasi * OF 1 11Acteil ZOOLf ): s moved ',Le; Tos 'Cln 12°4\2) Cibib- /LC c7:9'1.nif 0(eivi)t, &Az& , Dtraiv Ail (yob tog t 1•01 lir 411 .O TT: fuylire-r . • 40 'id& lo Jut t.) sou_ _HotiEve.4_ _I 61, .d AIL. 4k.c, kb (OA. -6/4/tAlluttc. 4S14 Gorf glut- S ri6i h 4 .PPOI1 lo itt,L kilt) cc_ , • Liels 31"JitiLi A/to dab' Not) offu, 84.s40,r s—f. I /e0./L_ old dls-h daie, Ops. 1r N dtski Ckteitk, Gory Ide L lboud b4G -(1 (.1, EXHIBIT -"Ci PAGE I or,..3 PAGES ....3 1 INITIAL SON ,MAKING STATEMENT . . ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _TAKEN AT DATED CONTINUED. THE BOTTOM. OF EACH ADDITIONAL PAGE MUST NEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND HE 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 OF ANOTHER COPY OF THIS FORM. Ci:.d(iri .• 70 . k: v t IL" a t -r ... ._...._ • DODDOACID 006195 /1-vn FM;44 7 do mat. No ou Oc"cf f `G`-'41 PAGE ‘P--- OF 3 PAGES Lioff5z, bc.FICIAL U 0 133 - 04-CAT1452 STATEMENT OF HIM FOR OF VT flati A . DATED Z., To c-011 CONTINUED. DUE i/ (61.) q /t DA 1.,J 1141.1ANISAAJ Aitutl. rec,;od Gtii CD ride" ertJ cht. toucl, T a fit Mt Ott,A rt . 0)4 it/ 44/114 711 0/a ta"6411- d. C ) furl e, to le, St id AA- Aff o'a al it- 'A/471-1(1"/ tte_ I weld 00)1...5 41.4. 10 [kr' s'eaDjUdt i-or ii 44, /11 /5 in F Ati ye, art 1 AA' 4), a KG. 02 or r40/01. cdAr/4 6),NL*fi. amp g C06 : bo-114-r- -De:s 0 ) a me mo "ab" 7 : 0;5 lc a a ) --/q/0 "Epto - A : or ILJArz,, q:1.0197— -DO y 0 4 B, Kodivs upotg. ca,vixet 6: ivt) c-P -F 'IWO* v 7e_ ir) e it2 lo ++1 Ay E H fib —Re- c is )L)1.--;-D .5::3 P GT 47-19 /1-4 TUU ,L5-77 0,0,4,64 -PRISc Ai ILIB a No. yo4 WHe-gg- TH6-- 1/1 -f-b-e A ti ( sell .556- 3 0-4--q{,(v6-1/ 7 DODDOACID 006196 40 FOR 0 LAW NSF DA FORM 2823 STATEMENT OP A '. Mo , ///e",}D O F 5719 -7-b-ifieV7 -, NTIIItTEDt FFICIAL USE ONLY ORCEMENT aSxEeNOT , orr-ie=- TAKER AT FT 15.24fir /09 2_ -cc/ ct 0152— 0 4 -r 1 n452 - 63829 DATED O-,-31//.. /1111 101'.‘ Ai 666 EMI. INITIALS OF PERSON MAKING STAT {'.Tis 0 I., PAGES 3 or 3 PAGES DA FORM 2823 (AUTOMATED) AFFIDAVIT Ir VE OR HAVE HAD READ TO ME TRIG STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. TEE STATEME S TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I RAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. • 44 STATEMENT . SUBSCRIBED AND SWORN BEFORE ME, A EIERSOrY UAW TO AD MINIS TRIO dIAL L DAY 07 a..4 AT afi QO • Strip WI C. 17 -1 " gna ure o Or 0 ar g Oa imisi*Ohla (Nam. WITNESSES ORGANIZATION OR ADDRESS ro, 54. 0- aon star ng Oath) ORGANIZATION OR ADDRESS 441- /367 C3) (u rhe (Authority to Achaini a tar Oath) FOP nreler DODDOACID 006197 My .9_003 lo am ,e :kJ Pt at)ly -9004/ •6 r Je,J. r or-e e e„,,17 *Ty 2r Pi-C. A-Z5n•e. PtA.s • EXHIBIT Li 04, PO, Woo AC 3 arou it, .9 Tycze PAGE OP SPACES L1,1, 10 cLts,, *.ar. ao 1-,c4c .teer. INITIALS OF PRIZING STATEMENT 17.-n p4,1„, ft, Jp diLe 614- 5,. CIO nCCie PLo" Cro( ar If ...ColJPir 4111/ FOR OFFICIAL ISE. OILY I AY ElIFIRCFNE,Y SEOPITIYF 003- .04 -CID 4 52 - 6 36 2 For use LOCATION SWORN animate= of this fore, see AR 190-451 The proponent agency of the Deput ef of Staff far Personnel. TINE 2_, I-1 5 DATE for q p LTV L 0 q SOCIAL SECURITY NUMBER 4f14414-NORADII/STATDO • 1 5 61 Of 2.1 -otel- CD's FIZZ NUMBER —104 kid 1. 14-1 • OFFICbl_rT 11 2an , 11) war ZOOM, FIRST Mum, ORGANIZATION OR ADDRESS z zz n1 Bo; /10 -ri". mi701), v6-7) ) 1- 12airt • iiii6.54p a_ 6...ic„,46106.1 want to make the following statement under oath rid „I/14 i76 • ,S'C'!/!r)' RreNt) -W-22 A7.`r 4 i ; acs, coo Oar a r A Csk.,:5 ,D.a1.1"" PLA06-. gr,da .24,12 ci\ r4-t 1 c SC iyev fti).104.) Ddr we- s rile i; led /C) .11/4. 40.1 .-2e -k Ape ,?neie-i. ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED.' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OP THE PERSON MAKING THE STATEMENT AND BE INITIALED AS .13Ain4qrn+ ' PAGES." WHEN ADDITIONAL. PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL SS LINED OUT, AND THE STATENtatt*ILL NE" CONCLUDED ON THE REVERSE OP ANOTHER COPY OF THIS FORM. FOR OFFICIAL ISE OILY DODDOACID 006198 74-- reler40" 1 AS Or-d'r-K41J went k. LL) S^R C;4 FOR OFFICIAL USE ORLY0733- n4-(7111452-Iiri E F ounfve8 1 04E FAO RIDATED d Z. ,TtlZ1. 11( ?eet,,-,c iVg5r; Lr. t,- pz 5/ gel ia-s &if] Comer' STATEMENT OF CONTINUED . eAair,r ;r1 • c roJQ r.pee, eAt FP ary A-d/dives . rn. 1L1 P. s. #4. r,o rrL • Or- cct c6,3 "Mry z c-rae I 7= 41, 61- /2-1-,Z f—itre kr.114-,1 eu) g_ 5 Q r yet Cirri P ,tlutcs r.,,Je re k. at prz'5c5-Ner3 -0061 Aetzk ..?(Do bp,c, f4 JJ 3 3 10-9‘• (-Jere LAJO,1.-, Je.) ,\r--. 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FOR OFFICIAL ISE OR,T OF 5 PAGES 04 11 EVF1PfiEVT SEffSITIVE DODDOACID 006199 JO3Cd- bb-`i STATEMENT OF CONTINUED • /56 FOR OFFIItIAL ISE OIRY 0 4 - CID.452 -ialf9 0122- 04-C1D452" Ls 67 /-41 -1- I gra ©g Hui-(a M fui-y lit) c s -roD NO W Too i T-Lo2 E5 7- Le) mu) -r-He Zi ? /1 ;la r) ) (.0 &Tee;-- /9/UV 07We-1e_ #04.5:(5,0/vEL. 10 -THE 64 t.z) y HZ u_10 i-Lft Liere iE ,4 /941,•A Hou.) boa tz-1-7) i,t D5- -Trqe- L-r / 1 0) S n7 T171 7 (e-1.1-7 FA- a t I-I Ty Al 0 12 LOC 77 LD ? Craw- ctate v R-t,i,c.sidy he -tr AC5L-u% -6-i2g as 4‘ri/Q-/8 .-- 7 F 77-/6 i),-/27-1) rosT v I 6-2-6 Li ?2,e)g TO 1-1415 Air& P.. (1/ L) : NO : pa. I-606)a) r 7-7--g-ize 4-kg- niu V UTI i2 u.c sTi 0 6e_e- • M.) ;o3 eigPlitS OFT b ETA I rub --re i.E-4) cm -Re—as oF RCao m pal- IL) V 2/ 2 ? PAGE 3 OF -5- LtiviAt= 2 6 rot DIAL OSE ONO TAKEN ATG D.drt eV DATED 30 I- 0 114 ENFIRMEifir It111117 DODDOACID 006200 AT 01223 4 -CID 452 - 4r--L-( (96- (- IFFIEIAL ISE elL STATEMENT OF CAT% Wit/ dill Al/DATED DZ. (--/ CONTINUED. . 0 133 - 04 - CID452 - 63629 itiOn4 OA, t, 0 e PG- 71-lege &I) y 67,6,tiezitimex)7 - Ai 4 5 1 t) W 07/ 1,t.4) Yes .1-740,1 Div r e.„2-e,A- +6 pg Zvc 12,51- of- r(et)14.Ln /5„Ap awfv,Ics depky -.) A _T, be bey( A.ve 1 .ee. • tomg-i 5pee_t.4; e- Fe ?gc_z_.- -6- avir if 5 3 .e'01/04./fe,/ A : 1. brAt,y. ;1- c Ja s .2- 0/95 Thi e TA/ fr. :A-- 61 4.1 was ra 3Ak) aooe Po i Tr 67 100E14 T c7) 2e: mi 6- 77MTTA. ? woo 600az_D yy) icti/t) rni/t) •7 -J642 r 6.-*?/e t--? 7 Ae • .5-3 ,t) 17) TY / S TA - rg m efiL)T ? / F —z= 2 6 • 1034.1{4 frowq PAGE OF %.3 PAGES . Baa MP AI 'Ott nui I f DODDOACID 006201 SUBSCRIBED AND SWORN BEFORE ME, A PERSON BY LAN TO ADMINISTER OASES, TESS Ja DAY OF 3-14 AT I/ 45 Oath) (Name of Parson staring Oath) PAGES 5 OF 5 PAGES u 12z U4 -C1D4527 irDRCENtUT SENSIM FOR OFFICIAL IISE OIL* LAW E . 10.4c 3 44 -r.) TAKEN AT /1) oteDitagTxD az 0-04, 0 24 u 4 CID 4511A DA FORM 2823 STATEMENT OF 2 8 36 .5, INURON koc44(fIG-V -44 bc,A, ar AFFIDAVIT I, WHI BEGINS ON PAGE 1 E S ON PAGE I FULLY UNDERSTAND THE CONTENTS OF THE HAVE Riii OR HAVE HAD READ TO SHE THIS STATEMENT ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OP EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. 1011"/ 64;-4( WITNESSES: ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS INITIALS OOFF PERSON MAKING STATEMENT DA FORM 2823 (AUTOMATED) /927 /.3(0460 Ltarn:T- (Authority to Administer Oath) OrritlAt USr I I DODDOACID 006202 u / 33- 04- CID452 - 63629 FOR OFFICIAL USE ONLY di LAW ENFORCEMENT SENS! TIVE AGENTS INVESTIGATION REPORT CID REGULATION 195-1 CASE NUMBER' 0122-2004-CID452 • DETAILS SGT111111111.1.11. Mil B CO, 2ND BN, 22ND INF, 10TH MTN DIV (LI), FORT DRUM, NY (FDNY) 13502: At 1030, 7 Jul 04, SGT1111111110was interviewed by the undersigned and related the following information. Their unit was assigned to Kandahar Air Base, Afghaganistan and would move around to different fire bases based on the missions they were conducting. A majority of the fire bases were under the control of Special Forces units in the area. When questioned concerning photographs being exposed which can be considered WI-C- 5 derogatory in nature, he went on to state that on one occasion he recalls while being assigned to the fire base in Tice, Daira Wu Province (spelling unknown) they had a firefight incident where an enemy soldier or terrorist fired a Ic*,-5 rocket propelled grenade (RPG) at one of their guard towers. When this occurred in the early morning hours, the unit responded and SGT....led his team to an perimeter area position, SGT Gwent on to state that this enemy combatant blew up thelower, injuring three unit members, and was In turn justifiably killed by a Special Forces soldier who shot him In the head and SGT 61111111111PPlatoon SOT in turn shot this combatant in the head. This happened in succession to the bombing incident as it occurred and In SGT remind it was all justifiable. SGT )1 stated pictures were exposed when they shouldn't have been of the area and dead combatant and went on to reflect that bad pictures were exposed and probably shouldn't have been either. SGT 111111111111 ,ma e this statement and discussed what Persons In Custody (PUC) meant and when he was asked about the tad" pi tures, he stated he had exposed some pictures on his digital camera that was purchased In country and had watt ed the news of the Incidents in Iraq of pictures being exposed and the trouble the soldiers were getting into. SGT stated it was his opinion In that he didn't see anything wrong with what they had done. SGT IIIMIlllwas then shown photographs 8, 9 and 10 depicting a handgun held by a soldier at the head of an detainee and responded by stating he had no knowledge of this incident, however he did expose some photographs of other detainees and downloaded them on com uters provided in the base camp for all to use or on one occasion he downloaded his digital images . on SPC B Co, 2122nd lnf, FDNY (NFI) personal laptop computer. At this point, the ,.., undersigned determined that SOT 1111111., may be involved in the abuse photographing of detainees and the Interview was stopped. SGT•1111110wai advised of his legal rights, which he did not waive and requested an Attorney. The interview was terminated. ina6/166.• biL-Fi k/50- . At 1150, 7 Jul 04, SA this office, and the undersigned conducted a search of SGT MOO loaned automobile, a unknown year, Dodge Neon, NY Registration S.M., white in color, 4-door sedan which met with negative results in the identification of items of evidentiary value. A subsequent search was then• conducted of SGT 1111111•111.quarters, located at IINIIMMIIIMINNn1111nThe search resulted in the seizure of one CPU hard drive and Olympia Digital Camera that were retained against an DA Form 4137 (Evidence/Property Custody Document (EGO)) and subsequently processed in to the Evidence Repository, this office. No other items of evidentiary value were noted during the course of this search (See Consent to Search and Evidence/Property Custody Document for details). il/1-.41-reAr-ritygi 5A (06,-( ka (.4.iia AP be-r gr.4- 096(A 0.514e4z Forty- hiatui.4 I 1,1 1 4 2 5o 13 1;41- of CID Form 94-E 1 OCT 95 FOR OFFICIAL USE ONLY PROTECTIVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION (Para 13, AR 340-16) When Data is Entered) F ft I OFFICIAL ISE ONLY )'k.., C:0' 28 EXHIBIT ‘- DODDOAC1D 006203 4.4.d..tvr . LOCATION ath offie 3. TIME IV 10 2. DATE 7..071.-.4 ORDANI2ATIONOR ADDRESS 73 ea (--- jrrItAd4.11./. 2-2.4a rgPid Pregky /34.0b 2— /1-1 )344.4-s-bi .4. .F1LE NO. . (Vat'ketdqr2- PART I - RICF TS WAIVER/NON-WAIVER CERTIFICATE IMMNIMMIIMMINWnIN S ection .A. Rights 7, GRAD •TAMS FOR OFFICIAL USE ONLY i+K-14-44.1.1J-1-LY 3g- 04 -C1D452 - 636 Rh INAPINI G PROCEDURFJWAIVER CL. .CATS Par ewe at Ibis form, sea AR 106-30; the Pullman' atillicilli 0OCSOPS AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: DATA REQUIRED BY THE PRIVACY ACT We 10, United Stales Coda. 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 ens of idgreificati to facilitate filing and retrieval. Disclosure of your Social Security Number is veluntary. 5 faco uspacted/armiesetil fore he/sip asked me any questions about the elfania(a), I do not have to answor any questions nr say anythkis Anything I say er do can be used as ovklanini against me in a criminal trial. ZarDiaSt IT 1..4 bola -laid ma that lie/she is with the United Stales Army (i.f./2/444vog • IA (/t 4,192171/ delAhlibb and wanted to question' ma about t he fullawIng oflunsafai or which I am over, he/she made it clear to me that I bave the billowing rights: The leveelloeve hose mama g •earS /Ater' aka (For panionnel st.lbinct to We UCM,I) I have the right lo talk privately to a lawyer bolero, during. and altar questiarilng and to have a lawyer present with ma during rinealloning. 'Erna lawyer earl be a civilian lawyer t turanats kw al no expense to the Govern mere at a military lawyer detailed for ma at no expanse to ma, re both. (Put thfillans not subloct to LICMJ) I have the right to talk privately Ea a lawyer belero, amine, riming quastionIng. I understand ilial this lawyer can be one that I arrange for at my own expense, appointed for are before any questioning begkts. If I am now willing to discuss lire oflanseis) tinder invesligallon, with or without a lawyer present. I privately Vitt n lawyer before onsvierIng further. even it !sign the waiver belnw. and alter questioning and le hews a lawyer present with me or III cannot afford a lawyer and want one, a lawyer will ho have a right In atop answering questions at any limo, or speak 5 COMMENTS (Cp.grintra on (averse side) dp ft mg, ft-4 ewe. §-ri_b "Thi -b14-61-57. Section S. Waiver r understand my Ogles as staled above. I em now willing IC discuss the oriensti(s) under investigation and make a statement without tailing to a lawyer first and without having a lawyer preseni with mu. n•••n ••••n••nn•••101n• WITNESSES (er availabio) la. NAME (Typo or Prior) SlaNATuRE OF INTERVIEWEE ORGANIZATION OR ADDRESS.AND PHONE TIGA7011....01,c, ta' J • . nA_ Is. ORGANIZATION OR ADDRESS AND PHONE Section C. Non-waiver r 645i tro-T do not want le oke up my righillir 9( I want a lawyer. . SIGNATUR ORGANI2ATION OF,INVESTIGIST e;'Z d mPT)47-6(119 4 15 c L .Co 3 3e 6...6-• I t be questioned or say anything. ATTACH THIS ROVER CER IF A " U w TEMENT (a FORM 2823.1 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED, DA. FORM 3881, NOV 09 F 0 Ron-Irr pittfRf 21Figniffi L Y .1111n••• ,11.1•••n•n •n•••=11 DODDOACID 006204 Zir, ell 7 AI 3:07 ("d"; / tor, and wanted to question me about the lollowhIg of of which I gm er`" e' /I., Ai .5 a pe....7 The InveitIgatot who e name appears below told me that hefshe is with the United Slates Army suspected,* /4).7.4s J;;I3 I r'' r 19,1.14 L., / ti ee, 4.) .„.", 6-44-irt 1s9-5- FOR OFFICIAL ilii: uttLI -A" w RIGHTS NINt0^ `r Eli r IC For ure of . this form. eel AR 19040: the proponent agency is ODCSOPb DATA REQUIRED BY THE PRIVACY ACT Title 10, United States Coda, Section 3012fg) Ta provide commanders and taw enforcement•officials with means by which information may lia•accuraiely Your Social Security NuMber is used as en additional/alternate means of !identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary. Ei 66 - 1. LOCATION 2. DATE irVLP C e-vn..t,Airolo 61J-1 61 / AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: , TIMES FILE NO, S. 8. ORGANIZATION OR ADDRESS 7/Z Z 41/ /1 (0,, /,..7 /571 . GRADE/STANS 4 ae- PART I -RIGHTS WAIVER/NON-WAIVER CERTIFICATE 14c - 1.1Q -fr. Section A. Rights Before he/she asked me .1;14. questions about the oftensafe , rNIWIlie War Me diet I have the following rights: ... 1. I do not Ilse, to answer any question or say anythin . Z. Anything I say or do can be used es evidence against me in a climlnal trial." 1=11-C•5115,67.1.-S' - i (For personnel sullfaa who UCMJ I have the right to talk privately to a lawyer before. during. and after questioning and to have a lawyer present with rap during qu . 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. IOC -5-'1 (16,- 45-- (For civilian.' riot aublimt (0 fire UCMJI I have the right to talk pdvstely to a lawyer before, during, and after questioning and to have a lawyer preaant with me during questioning. I understand that this lawyer can be one that I arrange for at my own expanse. or If I cannot afford a lawyer and went one, a lawyer will be appointed for me before any questioning begins. If I ant now willing to Minuet the offeneeiel under Investigation, with or WitilOrg • lawyer ant, I have a right to stop answering questions at any time, or speak privately with a lawyer. before answering further, even It t sign the waiver below. 1.p.6,,E. “....6-. • . COMMENTS (Continue on reverse side) Section B. Waiver I understand my rights as stated abu rs, now wiling to discuss the offenseisi under Investigation and make a statement without talking to a lawyer that and wIthout having a lawyer present with ma. WITNESSES (If available) SIGNATURE a. NAME (Type or Print) ORGANIZATION OR ADDRESS AND PHONE 2e. NAME (Type or Perna b. ORGANIZATION OR ADDRESS AND PHONE Section C. Non-waiver 1. I do not want to glvo up my !Vita want a lawyer TYPED' NAME OF . ORGANIZATION OF INVESTIGATOR 65f MR ,4,cre4-(6) 4'1' 6/0 )1,41 /16 erz q I do not want to be questioned or say anything sb-i SIGNATURE OF INTERVIEWEE ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECTlACCUSED uV 44 "I. 3 USAPA 2.01 DA FORM 3881, NOV 89 EDITION OF NOV HA IS OUSOI aTE TOR , L oRLY DODDOACID 006205 T. LOUT, 2. DATE DITYMAEDDI 3. TIME 2 1/14nP hei+ CP r tirtAjig 4. FILE NUMBER .700,-0:1-7/46 413 1 fOOtE NAM B. SEN b 7. GRADE/STATUS , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 41) FOIL OFFICIAL USf ONLY . 1 8 - Lhlif ENFURCEMENT SENSITIVE SWORN STATEMENT Ear ma of this term, sae AR 100-45; Ihelaninment ellancY istOCSOPS 452 AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE; PRIVACY ACT STATEMENT Title 10 USC Section 301; Till* 5 USC Sactko 2951; E.Q. 9392 dated Marember 22.1949 ISSN/. To provide commanders and law enforcement officials with maims try which information may ha accurately identified. Your social !earthy number Is used as IA eninicnalleitamate MCI britIonifficagent to facilitate Sinn aanndd etriewd. at your social security unbar Is trahmtery. kjori -6 A cvi,,s.i.an kg 41,t, lacty„ ;R 40 9/x4m Nou,24 e ttpQracqm, ‘1/-te.iikere D‘..) ._Jr. sIb_. 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EXHIBIT ADDITIONAL EASES MUST CONTAIN THE HEADING "STATEMENT OF SON MA !NG STATEMENT foA TAKEN AT DATED PAGE 1 OF 4 _ PAGES • 1 THE BOTTOM OF EACH ADDITIONAL PAW MOST SEAR THE INITINS DE THE PERSON MAKIN" THE STATEMENT, AND PAGE NUMBER MOST BE BE INDICATED. 31 BA FORM 2823, DEC 1998 r 1/ JI9f IS tt; USAPA DODDOACID 006206 STATEMENT OF TAKEN AT C /1) 4,/-76 — DATED 2de07/14q O. STATEMENT angurea clvre: S Lukfyi do ce.. 67,7011e. e /are • USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. -5290 4/z L4 It rt k 11111111„-tc, .4-1 66 -3" ? Ae le/e/wy 5 -.CZ 0(4 4 7le, e g `-(- 2-`14 sMr1111111111, SFC cA, e 7 /04c.,5• (96 / G. if, C 0, 1 40 / ..:././C hiro_s et1 Cie lye. 6) e . •Z e 4ada e 4/ :7 .4r 7tf li ? r ,i, j2A ,z 614- -Ci-6t- - 6-- t 4.9 . JOy.•5.,6, ..- a / 'CC 71C-eV k-,ST broil • FOR OFFICIAL USE ONLY 4100133 - 04 -('tn.459.-iV LAY ENFORCFMEWLFENSITIVE L oi-ra p.'e cy6 " bail er 0"-ce c` 07 ,1 Z Cie ) opt e 4.-- /0/ ejer,-(i a, 1r, 1 J e (v • z Ole ty,o,f c' "p " z e P-7,1 e r /5" e Z! /e) 7 144-3An13 iS ,A3.a.6 a vc..4,N 44;1,7*--)1 ISM O / .tekt 014.4\6cx1 Ast kt564-1'‘ VCK° biL -6-‘66A-S- 197cfr ce-d• Ch cAil^e5 --zi ar“ 5y s e d rw H, f 2 Pe, a ,_,e1 L) f i L 0- P er)Lert 1 ik-64 I e eked F 4-)t- dr•cl 17 4. v r die e a /0,?P'P'',e, Li, / c),/,,etl ki 6? opt, s'7`0-5 Al / L.;(2, '. 32 PAGE L OF PAGES DODDOACID 006207 k k1,, 1 t,,,az a 3a vt clakiiiia L,)7a,mi_ei 1-)L1%-: 14\trt„, bsc-s;66.6' Skw,Vise `[€,.9)(0 p-1,1 /ls 7 INITIALS OF PERSON MAKING STATEMENT 11. 11. C1 Mt CAA!' anti n gik FOR OFFICIAL USE ONLY 113- 04 -CID 452 - 636! LAW ENFORCEMENT, SENSITIVE USE THIS PAGE IF NEEDED. IF THIS PAGE IS MOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. STATEMENT GE TAKEN AT (/D d 'cc. 2e1?:/0,AR S. STATEMENT trantingEw • . 1cP C- pi:G ec i‘}‘C\ S‘Nt) 11111111111111111M r ! k ci-tocir‘ _ 9(1 kx*..0 CoQ k a.' /ft i•te r c. fare ,cir eed /1 3c.1 4,-.--e_r FZ -7417 Ido-5- c itv . A-0 t.73-ahti4 1.4\-e- 4-0 +ati2 Onke pic4Orl'` o-. tA-14 i M g ,,__. - 0 c.) (--L_1 1 v,,.) a.le- Zo t' u...).t.no-rw K5.,k_v?2- SS...e._ Ic'..pkv: _rvc.4.-ov-dzilf u.3.0--cdz '-tste: oi , A I A n 14 uta64 cca4 e4.-1 S- `-k--0 Lc cle k. . illi,-4_,...s-c,c,-5- • 1/4-/ 'Z,S--- -pi, of 26 7 04'1 /4'e/cc 044-rzc" 41\4 k‘R k"NstA 6.4+ l C - -RA- , Ca_ LVn te *-14\01 lOase ) erik,-3 3a %NA Weil? 04 Dr1 A-4,2-/r SAN.° 4 \- v,„\16-11i -1/2 1/4\44, a 1/4-60ni \---,t% \-1 il_ZA \-7N 0---V‘W-Ja q3k_VI--1- 1 9Q c Otta an k ‘NI\ --qtk -R-t;2143 Ot\ ‘C1l:S ‘1n1\.i.914 -a \ -3_ -u.tK) 11111*-5,4,-5 • D‘ di a c5t. lcice .! 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I e--11,12rT / 0. wiskt.1 k\-QAA (v ILL4 I be. r\k4A4 tc, kczs -ak. e_ f Loc.“- % Lk.v zit\ fuyirtki uv\t_ 'kr4-2 " itylv t2_v -a102 16/c tA.m. ca c-ck to8,3 ki\A-4 pec aN- 111/ p:ct ores ac-e (A.uk-e 411111111 , 4t-4 ^-1 9-4 k)e- " e 0- 6 • 5 of i,Le bo- --t- y ou i-cre INITIALS OF PERSON MAKING STATEMENT OlJtr,':341t PAGE 6( op 7 PARES PAGE 2, DA FORM 203, DEC 1DDR FPR 3FFIC DODDOACID 006209 DODDOACID 006210 FOR OFFICIAL USE ONLY 433 - til 04 - CID452- 6362 LAW ENFORCEMENT SENSITIVE USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF TI-I1S FORM. STATEMENT OF TAKEN AT 6)144cd.c DATED 2:::1611/57/67 re, 9. STATEMENT levallnne0 Fo o r;04, .1,k ilrg 04 au. clkoh, bwialk.6- kgetslittr16.4*-316w3 INF.1 04 l 4-\\.‘ork.k. Kfuti stA we,re e_t--&-gEJ 11111W6fr- , dei4i\,..re 0 e pr s s /0 0 ) .—ye ceaseLky vio_930,0 rv_a r ok cvc..(ar% 14 6 0 it t4 13 - 111111, 0A7 ed, ePtec- fie fii'cleee 5' .7 u.Y:Y\s(14 ,1 -66 p(c.,k)ek2 714L-14-4)1 t n3 ctk-RQA-ex-d vt-ac oA NN, 1/4k-k1/4.Q ‘,Nr,n ni koas no-V- 4k\%4 b.Aci d es 5 (61 de, I., ecirvito vie 4‘51,3 4,2A1 .-Tek) s-Vccica D is a : 1,4 -Pf l'cliipafe Ai 7ba vse '; ./.1. 5 7 vtz+4(96--,7 Cr.tv-t vkAtia\--, /3): a' 5 c s-1., (e.fr* el d • .eyee,„)), ci ei7/64 ? MI • ~tom. -72., tcONL 464 fara 4: LC? z / 5 4 /0 er, .ofr e/z Nfurzir,‘ ot-4 S4 tc 6 --t.kai .1 0e=3 U\AO 44N . 0513 v3,5 `2-75 1 Q (40, PACE Z pA FORM 21123, DEC MD /H(aJ/1m4) A 5 /4! Pc.)?F7 d 5 /Z5 ? -k-k\akir‘ 1.Q,4 1/4)Q 1/4\-21. CP._ 114 b,,, f 5 kso t irks4 yoLl a 4 okA) rykp le s 12-ktexIt-1/4fakl eDS , RXM cocb*OQ t'Nk 30 CacrW, CJZIK.et-nber A n vl C ttN ". rN04* r‘e • INITIALS OF PERSON MAKING STATEMENT 3 5 .7Aleir/ .5- • a LePz...s- c,"‘ FOR OFFICIAL USE ONO 0 13 3- 04 -n11452-631 LAW ENFORCEMEHT CENSITIVF ' USE THIS PAGE Ij NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL. PAGE OF THIS FORM. STATEMENT OF TAKEN AT 1../1.) 4940,4 e DATED 24)//47/461 EL STATEMENT lesatinuerll ./11GA4,7? , PI ! ----t-ksiz -0.-a4to CbDkvolz_i- , ( as,, e.1-14 ja 1 t.3 Ck:04 arV2 nom 44 eza 19 ' 'Ivo_ cl1/4010LtINI,Q n-1-. :Mall n'\.A .4.6,1\N„naL a c1.2,,4_ •1,. 41 _. `C-• kiN t3-kir 44.21.1- ,\-\3 -6e, y4 •4 4-„gcLUMIP6tt' — .5-- 1115 -Oil •‘ unui 6ack 49 4-4 S7W-eza 11111.16-6;k6 tr., f49 17 .=', pe 4.--y el eLf . &_.S C S P"t .0?-..] 5110,5.- 4): A ' a ,--tX-1 64 ke_JA.cau .71e, ta.. 4 (*.op Cit / 1V, j_ el2syl ete-ral 0 /11; A 4,7 ede A 111111114iir t-Le ftve; n,lr C .),00 A e 1 No-1 cv_2( LI e9 /J• / era 01 0 / A. no4 2.4 AiPai:,"/ 6.4 e)/ / erP 1.1 \ at_ visi 40! 1A--le' re_ De yk'd i' / /41 r y t'5' (,,,),.,,if ,i,,,,g 5j,./e? 7.,/ e 0 c, Ho Seo 1.4 a e Afac- b6 e "IC Le.) e 44 0 iter..-?-'‘ 4 C:11, 7446, --- 0-11 ,/) ( Aro,- C-"5-er 4'4'14 JlV le..121-v 17r-eve. AZ0 2 7 kV56 () I • • /,9 L-.4,4 7 7,46, u 3t NITIALS OF PERSON MAKING STATEMENT PAGE 2° OF PAGES - 7 nrc ir AI IISI I1KLY ---nn11.1111 IMDE 2, IM FORM 2823. DEC 10D3 DODDOACID 006211 tqc-f 14,-1 c, 1-; 3 7 PAGE .7 Of PAGES INITIALS OF PERSON MAKING STATEMENT PAGE .7, DA FORM 2823, DEC fDOS USAPAVIIID 1014- 5, Lt",SL LCis- AFFIDAVIT I. , HAVE READ DR HAVE HU) READ TO ME THIS STATEMENT WHICH BEGINS ON PACE I. AND ENDS ON PAGE 7 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE , wc,-Ect BY ME. THE STATEMENT IS TRUE. 1 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 INDUCEMEN Swat on Making Slammed Subscribed and sworn to before me, a person authorized by law to administer oaths, IN day of 204,1 C /-5 • • e•;. , - ORGANIZATION OR ADDRESS rape Wally aiPusan At:gni:taring GOO fec))Y e le j bfet^.-7:)- RGANIZATITIN OR ADDRESS (Autlxviry Adingster Oaths) WITNESSES: FOR OFFICIAL USE ONLY -oisS- n4 -P1 ni59, '•636 ---- STATEMENT OF —1--"t—Lktr-O-Fl+1.**4-0-E-04.14401/ TAKEN AT CI O f 1/4 re' DATED 2401/A 7/06 --- 9. STATEMENT tcontini., S9' e c 11' (IA a-4 taff2-6-- FOR OFFICIAL USE ORLY DODDOACI D 006212 LOCATION DATE FILE NUMBER L.1 Dzis2 LAST NAME, FIRST NAME, MI SOCIAL SEC ITT NUMBER GRADE STATUS want to mak ollowi q statement under oath: • s. IA uni. • AL fir. vI • e r7P1111 cr.4 Tho 14 d^ Oro 1 --t Thy hcif-0 oto a is aoie 4"--‘ EXHIBIT INITIALS PERSON WICING STATEMENT tqC`a 11 a PAGE •) OP 6 PACE S 0133- 04-(Yni52 - 83629 AIL FOR OFFICIAL USE ONLY 01,11PAW ENFURCOENT !MIME 110110 SWORN STATEMENT For use of this form, see AR .SO-45: The proponent agency of the Deputy Chief of Staff for Personnel. ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT Or 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.' NNEM ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL DE LINED OUT, AND THE STATEMENT. WILL BE CONCLUDED ON THE REVERSE or ANOTHER COPY OF THIS FORM. -114--tf-F•44-1-404r-g44-0-4.1.-Y- ".4 a,r inT rrUei T DODDOACID 006213 FOR OFFICIAL USE SNIT V133- 04 - C1D452 - 63629 ENFORCEMENT SENSITIVE* TAKEN AT Air DATED q ru 1( ca STATEMENT 0 CONTINUED . _S tkowl A 0 oAeLe 1 , ? v.-4"u Le.--/14.44 tc:2 • . . LD 16c - CV 5 ci-e ?i ctt I". [ L V ho-to ? 193-c-s" (0G-S -5e,"r ns, VA • 106 01\., , k.440. e5c_ r eacs crt. &e" .°L-g (.10,4 -V"717,5 5 1 6. "7 Iniftt. , ar4 Awc,) ?hat's*, Lou pr, r vy5 C', Jr L rl C C ue a O.. 11111 c'‘ff". PAGE 2 r n a fibt11 1 f Al IICC 11111Y seder. ei r C-14) r .'" irto " sr. I U1.1 -no -p koto . 4 V1.,1 S vt, t " L1 0 7b ? A. cr:„ 0,, Ns c- 0.4,11 26. a LA." s Gt+- dirciv, -e-42.4 1°" or.) ,--- t- V- I - • I A tit-"AArle- DODDOACID 006214 ciALtj 'PS c NI- AC, -p it-0s / a-v-4 z-2 • (4- TL 5 hip #..4.3t A_ CIO 1,1 ? ? Aa---t, .PAGE FOR OFFICIAL USE ORLY PAGES STATEMENT OF CONTINUED. 0133- 04 - CID452 - 63629 FOR OFFICIAL 05E - ONLY "VOLCEMENT--FrEttSI AKEN AT &Dr Ore.— DATED q j-tii_o ki N o 1 , i 9 L"--kA-+- Sk0 1.4.11"15.• r-101t4 'k1014ZI.S al t 2., 157, LO de, "ted t VI .--Tk.S1.0V‘el II b ok ro-`--w a r") at • 11017.3 4* Z 2. LA-t'Ar-4 C1-121) J YN- L 1.‘64-6 ? Pr'• ,aNc3 TI,xoto 2- t‹, d_Wic"ta t 7-k-e Inoto A- 4C41% N e . so clep/zt.ot DODDOACID 006215 Vv c1,_ or iA.AAA-_ 471/4 A1/4. • 5c. c. .1 ca" ?-0 E. Ccrr . mar STATEMENT OF CONTINUED. b=i ( VL 7‘. °S. rut OFFICIAL USE ONLY 0733- 04 n 452 - 6 R62 , ENPORCENELLILSL1. 1-411 TAKEN. AT 1-2;e7- VIPDATED 9 fat c A phots t. -2:5" —P *26 EA-'1/1#4-41- evikicr 1 ec'Sc--f n ktkr• qt.3 0CC\ D i*4..-AL. 1.5G ‘„Ar,c-c cs al y IetnntAcc d t.A /tor _) rT n \ -\ 11/4 css 0/terin 3‘i, 1,65 IV dr Oy:•‘'* bock- V . Vork.e r i 4-(1 ka-Nt-c- Vika() 0-- LI a ',of et. s, Thp &-icuo a- ,e_ote--- 60-6 LAID 56F --P 84.-Airr4)a ks Ao ALkc LAkA,),, f\A c4 ts „, vsyikkk-y FIWFICIAL USE ONLY 40 PAGE 9 OF (0 PAGES :' . 41:- DODDOACID 006216 6 STATEMENT OF CONT/NUED. FOR OFFICIAL USE ONLY a% LA-, kto- ---n&L-ce_ fei • .1 i‘..0,..k- N- 0 LC Le.ke cl .—) e r, cl 0 1A y .3 ti c_ In -eti1c 0 t -ba cd 014 lepo 0 IA/144) cAA 06- ['AAA/C. 4—cl 4.1 Ac: 1,3\nak-eicr (-1,c,,,r li,,. 4-- Ixt- by 1-067-7, %6- t ‘"...0 4 - , a- A p iwt..-4;' A: IV a /1/ -',""d) OF ST-A-TE,A4 EArr /I/ 1/L4/ 0 Ui ... Lel 451 - 63629 FUR OFFICIAL USE ONLY TAKEN ATI-Ail' Li cAlk Pt DATED NM CHERI-4E49- 1-11-1-4J q Le...01-471 tet:5 LA,Aotare.e 4:1 PAGE 5- OF Cp PAGES 4110 EXHIBIT 04 ': •- 4 2 . DODDOACID 006217 cannzuED: TLITIvic a 27-cr n A, DA FORM 2823 (A ST-AMIE= Or FOR OFFICIAL IISE ONLY °133 - 04 - C113452 - 63629 41) LAW ENFORCEMENT SENSITIVE 411. .to 4t Ddu TM= IT AFFIDAVIT .HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEG NS ON PAGE '1 AND ENDS ON PAGE. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE HT 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 OR PUNISEMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. biL-4/ ;964 DA FORM 2823 (AUTOMATED) FOR OF FIC I ONLY Mtn n- 91)411.,:. 43 DODDOACID 006218 0_183 0 4 -CID 4 52 - 6 3 6 2 1111 FOR OFFICIAL USE ONLY ENFORCEMENT SENSITIVE ....... .... ........ ...... ...... ...... ........ .... ......... AGENT'S INVESTIGATION REPORT 0133-04-CID452-63629 CID Regulation 195-1 PAGE / OFPAGES At 1745, 6 Jul 04; SAIiiiiiegaitollected from 1SG IMP 67' 'lc B Company, 2/22 Infantry Battalion, Fort Drum, NY 13602 five Laptop Computers. The evidence was collected on an Evidence/Property. Custody Document (EPCD). Agent's Note: 1SG ill identified U.S. Government computers from his company, which were present in Afghanistan., At 1950, 6 Jul 04, SA briefed MAJ • Executive Officer, BBC, 2/22 Infantry Battalion, FDNY on the merits of this investigation. MAJ stated he was not assigned to theme Battalion while deployed to Afghanistan. MAJ was assigned to LAL, HHC, 10th Mountain Division. MAJOIIIMPwas asked to obtain any Summary Intel Report or 15-6 investigations detailing the death of an Enemy soldier killed during a Rocket propelled Grenade attack while at Fire Base TYCZE, Doh Rah Wed, Afghanistan. - • At 1030, 7 Jul 04, SA interviewed SSG B Company, 2/22 Infantry Battalion, Fort Drum, NY 13602 who provided a verbal statement pertaining to this investigation. SSG stated he was deployed to Operation Enduring Freedom—I (OEF), Kandahar, Afghanistan from 31 Jul 03 through approximately 6 Mayl 04. SSG 11.1111011Pduties were Squad Leader, Squad Operations, patrol and security during his deployment. Basically health and welfare of • sodleirs. SSG tated he was never permanently assigned to -q Doh Rah Wod (DRW); he only conducted a few supply runs, approximately two times. He only filled in to deliver mail, supplies, food, equipment etc. SSG stated he did not witness any abuse of detainees and was unable to identify the individual brandishing the weapon to the detainee's heads SSG stated to his knowledge all detainees were treated humanely. They had bags over their faces and Flexi cuffed, bUt that was SA 62d MI' Det (C1D) Fort Drum, NY 13602 Signature. • CID Form 94 Date:15j, / Fail OFFICIAL USE ONLY Exhibit: 9 DODDOACID 006219 FOR OFFICIAL USE OHLY0133 - 04 -CID 4 52 - 6 3 6 LAU ENFO R CEMENT SENSI1 AGENT'S INVESTIGATION REPORT 0133-04-C1D452-63629 CID Regulation 195-1 PAGE F-OF 3'AGES about the extent. During the end of the deployment they were instructed too not place bags over their head and only use blindfolds. SSG 01.11..described the photographs 4 through 6, as being 'TUC", Persons Under Control (PUC). This was a very close platoon, and we would tie' up a fellow soldier and horseplay around to celebrate a promotion, award or birthday. It was done to be on my birthday,voluntarily, as the other soldiers also participated in the events. The deceased Afghanistan Male (photograph 20 and 21), I do not know who he is. The only one I can think of it being is the guy killed when he shot the Rocket Propelled Grenade (RPG) at the tower on DRW. SSG /....was not present during the attacks, and was not aware if a Commanders 15-6 was conducted or a SPOT Report was done. SSG was briefed prior to deployment of Rules of Engagement (ROE) and numerous times (NPI) in Kandahar. SSG 11111011111Pbelieves SIA and the unit S-2 . provided ROE and scenarios were formed to clarify any questions sodleirs had. SSG stated he was never involved in any type of direct firefights. SSG is assigned to 2I'd Platoon, but Was conducting his duties at Kandahar, which was approximately a 45-minute flight. At 1105, 7 Jul 04, SA III.....obtained from SSG...1.Pa consent to search of his vehicle and residence for evidence pertaining to this investigation and to examine his computer for electronic forensic purposes.. (See consent to search for details) Agent's Note: A Search of SSG r vealed on his hard drive photographs of a soldier identified as aiding a M-4 Rifle to the back of a detainee (N'FI) and holding a M-4 Rifle to the head of a detainee. talc- `IL-5 SA 62d MP Det (CIED• Fort Drum, NY 13602 Signature: 0'7 Date:e7-5 t) / d y Exhibit: CID Form 94 FOR OFFICIAL USE OILY DODDOACID 006220 Date/5"),,i 4::)4 / Exhibit: 7 FOR OFFICIAL ISE ONLY Signature: CID Form 94 tit:' 46 4110 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIY 3 04 -CID 4526 3 62 0133-04-CID452-63629 PAGE OE 5 PAGES AGENT'S. INVESTIGATION REPORT CID Regulation 195-1 At 1230, 7 Jul 04, SA collected as evidencq from SSG 1.111111,3 Compact discs and one Dell Central Processing Unit (CPU) as evidence. Evidence was collected on a DA Form 4137, Evidence/Property Custody Document (EPCD), At 0850, 8 Jul 04, SA interviewed SGT 1111111111.11111. B Company, 2/22 Infantry Battalion, FDNY who provided ayerbal statement. SGTINIMOrstated he was a voluntarily participant in the "PUC" ritual performed by the platoon and did not recognize the masked soldier with the pistol to the head of the detainee (photograph #8). SGT stated he was assigned to DRW for approximately 2 1/4 months, from approximately November 2003 through January 2004, SGT stated the detainees were treated humanely and he never witnessed any type of abuse. SGT further stated the deceased male Afghanistan (photograph #20 and 21) was the individual killed who performed the RPG Attack on a guard tower at DRW. SGT glIMINIrwas not around enemy detainees and could not elaborate on their living conditions. At 0915, 8 Jul 04, SA 1111111n11111robtained a consent to search from SGT to search his home computer, digital camera and hard photographs from his deployment to Iraq. Search revealed negative results and no items were collected as evidence. (See consent to search for details) At 1135, 12 Jul 04, SA 111.11111M111rnterviewed SGT 1111111.1MOIR B Company, 2i22 Infantry Battalion,. Fort Drum, NY 13602 who rendered a sworn statement detailing his knowledge of this investigation. (See sworn statement of SGTIIIIIPfor details) 191c-3/ 106 -3 101-C "3 bra-3 SA 62d MP Det (CID) Fort Drum, NY 13602 DODDOACID 006221 SA ALL FOR OFFICIAL USE ONLY 3 04 -CID 452 - 6362 LAN ENFORCEMENT SENSITIVE AGENT'S INVESTIGATION REPORT 0133-04-aD452-63629 CID Regulation 195-1 PAGE gOF 5-1—}AGES ____ At 1140, 12 Jul 04, SA obtained from SGTIMIllia consent to search of his off post residence, vehicle and computer. (See consent to search for details) 4231%ji-_41L/ ., At 1200, 12 Jul 04, SA and SA1111111n111 this office conducted a search of SGT11111110two personally owned vehicles, home computer, digital camera and photographs for any evidentiary value to this investigation. Search met with negative results. At 1207, 14 Jul 04, SA nterviewed SPC /kagaiiir-9( , B Company, 2/22 Infantry Battalion, Fort Drum, NY 13602 who rendered a sworn statement detailing his laiowledge of this investigation. (See sworn statement of SPCIIIMIliliPfor details) 7671-e:E7b6-4 At1210, 14 Jul 04, SA Iliiiiiirobtained a consent to search from SPC .111111Pto search his personal computer and digital camera. (See consent to search for details) At 1230, 14 Jul 04, SA fl earthed the property of SPC 11/111111.which met with negative results. At 1033, 15 Jul 04, SA advised SPC 11111111111. B Company, 2/22 Infantry Battalion,_Fort Drum, NY 13602 of his rights which he waived and rendered a sworn statement admitting tob stiff-5 Aggravated Assault (See rights waiver and sworn statement of SPC for details) At 1130, 15 Jul 04, SA obtained from SPCElilia •S--* Consent to Search of his vehicle, barracks room and media/computer devices. (See consent to search for details) CD Form 94 62d MP Det (CID) Fort Drum, NY 13602 Date: t/ Exhibit: FOR OFFICIAL ISE ONLY .", .... werwrysior DODDOACID 006222 FOR OFFICIAL OSE ONLY . -wry. Date; /5), L/ Exhibit: u 4' 4 Si tune: /V/ CID Form 94 tit RFO OFFIC. E ONLY AV ERFOREFREF IAIT crPsli-....- — 0 4 -C1 D 452' 6 3629 • ---------___________ ...... .. US ... __ 0 ___________ AGENT'S INVESTIGATION REPORT 0133-04-0Th4p63629 PAGES-01;5—tAGES At 1230, 15 Jul 04, SA conducted a search o personal property for evidence pertaining to this investigati learch met with negative results , Regulation 195-1. - At 1230, 15 Jul 04, SA and SA this office, conducted a search of the personal property of SIT MM." which met with negative results. 61C-4(“ Al fl//LAST ENTRY//// SA 111.011111111111111P 62d MP Det (CID) Fort Drum, NY 13602 I au rmriti n nrurur sirsortr n ur DODDOACID 006223 .SWORN STATEMENT Thr proponent agency of the Deputy Chief of Staff for Personnel. NOES= 14.04 466-I( ORAD!/STATUS SOCIAL •E SGT/RA.- For use of this form, pee AI 190-453 46 FDR OFFICIAL USE ONLY 0133 - 04 -CID 452 -63829 W ENFDICENENT SERSIT1VE ORGANIZATION OR ADDRESS' S Company, 2/22 Infantry Battalion, FOrt Drum, NY 13602 want to make the following statement under oath. I, SOT I was deployed to Afghanistan from approximately 1 Aug 2003 to 5 may , 2004. I was stationed at Deh Ra Wood (DRW), Afghanistan, 7 Dec 03 until 23 Feb 04. My duties their consisted of guard duties,. conducting patrols and Sergeant of the Guard for the perimeter'security. The platoon duty was base security and patrols. MOunted and Dismounted patrols and on occasssion we were tasked out to go on missions with Special Forces. Q. SA 11.110.111.61-1C(C4-1 A. SGT11111111161-c.qtloceq Q. What type of camera did you use during your deployment? A. Disposable, which i pUrchased at the PX in Kandahar. Q. What locations were you at in Afghanistan? A. I was at DRW, Dechopan, Qualat. Mostly I was In Kandahar. Q. Did you ever seen detainees get kicked, hit, or inhumanel treated while in U.S. Custody? A. No. . Q. Did you witness any U.S. Sodliers mistreat a detainee? Q. I am going to show you photos. In - photograph 6/1, do you recognize A. No. A. Yes. SSG , Squad Leader and SFC flalciii1i4i-166 Platton the two individuals?6 c-SbG-5- Sergeant. In photo 6/2, I recognize the face o _..V. ,milm , I see .. his face, he is Mexican. To the left is SGT The other two I do not recognize. The•photo appears to be a Birthday "PUCing". This is Person Under Confinement (PUC), itis to build camaraderie, unit conhesion. it happens on birthday, promotions, it does not offend anyone and it is only in fun o /3 I believe is the same birthday PUCing. ... I thinkjt is.SPC Photograph 6/4 I believe is IIOIIIIIIII• This happened at DRW, in the old detainee cell. Photogrpahs 6/S,.6/6 and 6/7 assigned-to our .— platoon. • toic"( Lto -14 Q. I am now showing you Photgrpah 6/S. Do you recognize the individual? A. Yes. t believe that it is SSG 111111101n11M11111k It looks like him, based on the ball cap, glasses and field coat liner\ That was.a recognizable uniform he wore. 6c-5i(c6 -5- EXHIBIT \k td74,-qiii., 4 r l INITIALSMON MAXIM STATEMENT 1 PAGE / o 4PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF- TAKEN AT DATED CONTINUED." THE ilOTTOMOF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THEPERSON MAKING THE STATEMENT AND BE INITIALED Aa "PAMP OF PAGES.' WHEN ADDITIONAL PAGES ARS UTILIZED, THE BACK OF PAGE 1 WILL SE LINED OST. AND.TIJE STATEMENT:KU. SE CQNCLUDRD ON THE REVERSE OF ANOTHER COPY OF THIS FORM. . '-i-24144%) Ci Al . Alum kNV_E.,_°. t PYI-ItIPL DODDOACID 006224 FOR DIFICIA USE ONLY 0 23 3 - O4 - 15,-k625, lesq-c-4,ecry AW ENFORCEMER LT SERSITEVF. 0/070f 79r-0- • • STATEMENT OFAIIPTAKENOWID OFFICE, FDNY DATED aglea ;XL Ott CONTINUED.• loaicipir-44 . Q. In photograph 6/9, do you, recognize the individual? A. No. • . Q. DO you recognize the individual in photo 6/10? A. No. . . Q. In photographs 6/11 through 6/19. Can you explain these photos in dQe.t aYielss,? 6/11 is a tower, which was hit buy an RPG. The photo of 6/20 the deceased.male, was the one who fired the rocket at the tower. In VA4li the tower was SRC 111/1111=011110 SPC ido OMEISIMIO and SPC41111011.111,1L' sikio'5' SOW all with B Company, 2/22 INF 8N. This happened approximately 0130 in the.morning, Zulu time, which was actually, 0530 hours, 18 . January 2004. I remember this because it was the only time I fired my weapon. I did fire at the deceased, it was only suppressive was , and I did not hit him. When the attack first started, my squ sleeping; we were woken up and informed we were under attack. I got my stuff on, woke up my squad. The deceased fired one RPG, ithii t the tower, the blood in the photos is fromillIMIll one GRP, as hey were severely wounded. I got to the scene with SFC 111/11110K. The deceased was charging the camp, as suppressive fire was shot behind him. SFC Milleshot the deceased three times in the chest as the deceased was pointing and firing and AK-47 at us, the shOt Was (NFI) about 20 meters in distance. Also one of the Special Forces guys shot the deceased. The SF spershot the guy ni in the head. Everything was moving fast, we think there was two or three other VPX--q enemies out there. So there was a lot of firing going on. .But most of hit came from the suppressive fire team. I witnessed SFC or, d LIG-4 shoot the individual, he was about 10 or 15 feet to my right. He di not shoot the guy after he was down. Q. How did the dead local national die? A. SFC Millikshot him, when he attacked our camp. Q. Who took the picture of the deceaSed? A. I do not know. .Q. where were the photos taken at in Afghanistan?. A. All the photoS are of DRW. - Q. Were any SOP's in place about. handling of detainee's by Your unit or the command? A. Yes. SOP was separate them. The S S's. To my knowledge todayno. detainees were ever abused, until I saw these picture . . Q. How long were detainees kept at your location at DRW? A. No more than a week at a time. If they hadvertinent inforMation they were then sent to Bagram or Kandahar. Q. How would you describe 'there living condition at the detainee facility at your location? A. Good. They had mattresses on the ground; food, water and we brought them to use latrines if they needed . to. gip cloao 0 50 R, of q FOR OFFI-CILAISI E ONLY LAW kiatISPRIniiflliSITIVE EPgHIBIT/D DODDOACID 006225 LAN. ENFORCEMENT gENSITIYr FOR OFFICIAL 15E umi.r n''i'a''g,0 4-5b1314.11111,9 Kfce we 04- OF • rig.? a 371.. b bicv Q. What were the ROE'S , during youssion? A. To the best of my knowledge. When you are fired at, fire back. Most was use, of force if we needed to use it. Q. Were you updated periodically on changing ROE's? Yes. By the command. Meaning Battalion Commander and Company. He would brief through the SOG on updates. It would come down through the chain of command. Q. What was the grid location of your Camp in Afghanistan? A. I do not remember. .Q. Did the unit initiate a 15-6 investigation documehting all soldiers' deaths or attacks on unit's bases? A. I haVe no idea. I do not know what a 15-6 Investigation . is. Q. What Special Forces Representatives were you with? A. With ODA, Operation Detachment Alpha, 3/72 and. 3/73, out of Ft Bragg, I believe. The snipers name waslIMMI(NFI), an 18 D Medic and sniper qualified. • 01c1/10‘-3 Q. What specific guidance did they provide concerning detainees? A. Keep their heads covered with sandbags so they could not see our nametags, keep hands cuffed and treat them with respect. Do not. give them food until we told to. I never witnessed any detainee be abused. Q. Do you have anything else to add to this statement? 044'46661 . FOR OFFICIAL USE ONLY LAW ENFORCE- RENT FENSITIVE PAGE OF YN PAGES. 003D0 5.1 r:V1410 lar DODDOACID 006226 PI- r- fko Ote A. No.////END OF STATEMENT///// STATEMENT DA FORM 2823 {AWT I' STATEMENT OF t5G61- 0133- 04-C10450 - 6 36 29 FDR OFFICIAL USE ONLY . 41111 LAW ENFORCEMEKT TEWSITIVE p439.-oil , 1-.. (4- TAKEN xTI;;I.DlaCkiAtiAl DAT=0147101_04f CoNrisozni 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 OF TEN ENTIRE STATEMENT MADE BY ME, TEE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE . INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE AND THIS' STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL DINIMXNA: .1.1 1 • • : 7.1117,, e suBecsxszp AND SWORN BEFORE ME, A PERSON EX LAN TO ADMINISTER OATES, THIS DAY OW , 19 12 oROINIEATION OR ADDRESS OROANLZATION OR ADDRESS A444 /J (Authority to Administer Oath) WITNESSES: 10 b6-1 9 lkyAl INIVI ON MAKING STATEMENT DA FO A CMATED) FOR OFFICIAL USE ONLY LAW EAtifieRE ITIVE FAGES it OF 14 PAGES er: VIAIDITto DODDOACID 006227 FOR OFFICIAL USE 0i0013 3-' 04 -CID 452 - 63629 imp LAW ERFORtEMENT*SERSITIVE., SWORN STATEMENT For-ese of this form, :see AR 190-431 The proponent agency of the Deputy Chief of Staff for Personnel. • FILE NUMBER 010 41*1 ORGANIZATION OR ADDRESS B Company, 2/22 Infetry Battalion, Fort Drum. Nr 136 02 C. , SPC want to make the following statement under oaths was deployed to Afghanistan from 31 Jul 03 until 7 May 04. My duties ranged from SAW Gunner, M203 Grenadier and Team Leader. I was assigned to Deh Ra Wud (DRW), from December 03 until February 04. I was assigned to Prisoners Under Control (PUC) guard in all aspect of futies, perimeter guard; roving guard as well as patrols. I had a'Pentax Digital Camera. I never witnessed any detainees being abused, actually the Special Forces sedleirs were extremely.adamant bout not physically abusing or mistreating prisoners. The living concitions for the detainees was fine, but not a Hilton, the basic necessities were there. They had foo, water and toilet, also blankets. Prisoners that came in, it would take a coupll of days befor they would be transferred to another place. Q. SA `11d6-•r A. SPC emilloloc-4,64-q -s-,6G. r Q. In photos 6/1 through 6 7 can you idenitify any of the personnel? A In photo 6/1 is. SSG and SFCIMINUIp• 6/2 is and I 644 '4 wy think SGTIIIIIMPin the corner. In photo 6/3 I think is 111111rin the the back. All these photos are PUC's for birthday's, anniversar promotions. This was not against anyones will. 6/4 is poosibly . -w6- /5, 6/6 and 6/7 is 111111111.0674.-Oicer q Q. Do you recognize the person in photo 6/8? A. I think possible SSG To the best of my ability. I do not know the identity of the erson in 6/9 or 6/10. I cannot make any details out of the photo. In photo 6/11 through 6/21, can you describe and explain the photos? A. On the moring of 18 Jan 04, about 0530 hours. We received machine gun fire, the occupants in tower #1 fired back units they ewer hit with an. RPG. Then members of the platoon, fixed a es roved the enemy target. The blood in the photos belongs to PFC , 10FC 4.1111 and firMeace c-5- -tr They were wouned in the. RPG attack. The deceased is the enemy who fired He was shot the RPG at tower. He was killed trying 0-assault the front gate. I,* 1i.1b p from SF and SFC . The enemy was running and firing his weapon at all the personnel on the HESCO wall. SFC 11611M4 shot him in the chest about 2 or 3 times. . Q. Were you periodically brifed and updated on Rules of Engagement? A. Oh yeah. There were 3 or 4 times that I can remember being briefed. TIALS OF PERSON MAKING STATEMENT 111111107C-Li JCC2-14 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 SACK OF PAGE 1 WILL SE LINED OUT, AND THE STATEMENT WILL BR CONCLUDED ON THE REVERSE OF ANOTHER COPY OF THIS FORM. 0053 FeR OFFICIAL USE ONLY VIA IDI II DODDOACID 006228 PAGE f 07 -.ZPAGES FOR OFFICIAL USE 0110°133- 0 .4 -C1D452 - 63626 mg111LAWNFORCEMENT IDNY DATE 14 Jul 04 SENSITIVE STATEMENT OF SPC TAKEN AT CID OFF DATED QNTINUED. t would be done at the squad level, but also when we in processed , into the country we were briefed. Q. Do you recall a 15-6 investigation being done? A. I do not know what a 15-6 is. I remember the Brigade and Battalion Commander out to check on it. Q. I am now showing you photographs 6/22? Do you recognize the soldier? A. The individual with the rifle is SPC .1 think the oche 101c-'5 soldier iS possible SPC Photo 6/23 is definitely 1111.p k615— Photo 6/24 is immi*I cannot identify the individual in 6/25. In photo 6/26 is definitely SGT 011111110 Q. How do these photos make you feel? A. Dumb thing to do. These are all good Nt they made some poor decisions. This is a. good platoon. SFC an a tight ship, all his actions throughout the whole deployment kept us all alive and made us better soldiers. If he knew this was going on he would have handled it. Q. Do you have anything else to add to this statement? A. NO. MEND OF STATEMENT/011111K07-c.,-(4 1 4.-‘1 • - • FOR OFFICIAL USE ONLY 103.c._ ILWFORCEMENT SERSITIVF s coci•ri I DODDOACID 006229 DA. FORM 2823 IA STATEMENT OP jr;4? 14744 )(Pk (Authority to Adnin star Oath) 'PAGES 3 OF ;WE 9 v 7 3 " V 4 — 4: n A 1.*:.? a A qti 29 FP OFFICIAL . IISE ONLY i r 410 ORCEMENT. SENSITIVE TAKEN AT 4J & MI DATED / ViiL coNTiNum AFFIDAVIT I, 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 OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INPLUENCE, OR UNLAWFUL INDUCEMENT. SUBSCRIBED AND SWORN BEFORE )B, A PER:1r LAW TO ADMINISTER CAYES, THIS / 5PI DAY 0 AT et- DitVe.t.i, /Vie ORGANIZATION OR ADDRESS (Signature of Person Adminiatering Oath) (Name of Person n s ar ng Oat WITNESSES; ORGANIZATION OR ADDRESS fINITIALS OF PERSON MAKING STATEMENT ' . $11-0- (I( (4 v T FOR OFFICIAL USE ONLY . —. ....aneruceI crittrrivE DA FORM 2523 (AUTOMATED) • EXHIBIT DODDOACID 006230 , FDR OFFICIAL USE ORLY1I1 • LAW EliFilReFiglir erntirgrrwr p/y.r-oft-awfrs-DIl RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE For resit ell this term, sea AR . 190-30; the proponent 'agency 15•0DCSOPS DATA REQUIRED BY THE PRIVACY ACT A UTH AMY; PRINCIPAL PURPOSE ROUTINE USES: DISCLOSURE:' Title 11), United Slates Code, Section 3012(g) To provide commanders and law enforcement officials with means by which iniormatinn may be accurately identified. Your Social Security Number is used as an addltionat/alternate means of identification to facitilate.filing and retrieval. Disclosure of your Social Security Number is voluntary. 1..gcATION...„. . ' /71 . .21re c 1 1-•-' /36,0,4- E. DATE • /s-07.h. a 5/ B. ORGANIZATION OR • 61e4r......"04-11 4,/,',2 p, _x-,4,/,„itAlney P.1),i/ 17,n-0,..- '3. 11ME 2 ,4. nob I 11-/ 1.1111111F. ADDRESS ..dr.d . /LIP A?4 J 7 .1. FILE NQ . I .! - .. 1711-.11 1:- 7. GRADE/STATUS S'd /g 4 PART I - RiGhTS WAIVER/NON-WAIVER CERTIFICATE 1 Section A. Rights • . , The investigator whose npma appease below 11= ea that heishe is with the Unlilit pe States x1.441•(/ cc-I _CAI ilis71 / 1014.1^A At . . Army and wanted to question me about the following ottense(s) of which I am suspect& • /4 0- .7 ,t..A. gi.Tteti 14 ssfi_olle f/ i Before he/she asked ma any 4u6stions eboul the offense(s). however, heithe made it clear to me Haat I have the following rights, do not have la answer any questions or say anything "''' - nytaina I say or drican be used as evidence against ma In a criminal' trial. ' (For personnel subledl to the UCM..1) l'hava the right to talk privately to a lawyer before, during, and alter questioning and to have a lawyer present with me .wring questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for MO at no expense to me, or born. . n -or - . . F., civilians not sublect 0 the UCMJJ thave the right 10 talk privately to a lawyer before,. durlit, arid abler questioning and to have a lawyer present with me during quesoloning. I understand that this lawyer can be ono that I errange for el my own expense. or it I cannot Alm& a lawyer and want one, a lawyer will be appointed for me before any questioning begins. It I ;am now willing to discuss the offensels) under investigation. with or wilhoul a lawyer present, I have a right to slop answering questions at any lime. or speak riyately with a lawyer before answering lurther, evert if I sign the waiver below. • . . . , B. COMMENTS (Continue on reverse side) • • Section R. Waiver I understand my rights as staled above. i am now willing to discuss the offensetsi under investigation and make a statement withoul talking to a lawyer tirst and without having a lawyer present with me. . WITNESSES fit available) 3... SIGNATURE OF INTERVIEWEE i).C.51:4-'6.- 1a. NAME (Type or Print) • b. ORGANIZATION OR ADDRESS AND PHONE S1GNATURE OF 1 ST1C3 iai-c--/ /4*•-(- 2a. NAME (Type or Print) 5. TYPED NAME Of VESTIGA OR b-7.c -le AG L.-C4 Er. ORGANIZATION OR ADDRESS AND PHONE . 6. ORGANIZATION OF INV ST • v to /.6.- •97‘ af , Per' Cc-tP) . . )L 'VA CiatA . IC) 9 • /2 6' -r '7 Section C. Non-waiver t. I &I, not want 10 give up my rights: 0 I do nal went to be quasuened Le say anything 5 G.0 0 0 5 0. I ware a lawyer. 6 2. SIGNATURE OF INTERVIEWEE . A ' yr I - • I nor • OS It 1 11 ATTAru TIJIC *A/ .rn rcrrricir.• TM TA • I. • or, v." — . DODDOACID 006231 410 FOR OFFICIAL USE ONLY Alb ElIFOREFXFPr FErsiny -LAW SWORN STATEMENT For use of this form, see AR 190-45: The proponent agency of the Deputy Chief f Staff for Personnel. LOCATION DATE TIMM FILE trams= Fort Drum, NY 13602 15 July 20'04 kG,s bb-t.- SOCIAL SECURITY 43„6- GRADE/STAIDO • 11016w3... LAST NAME, FIRST NAME, MI SPC/RA- 1111111111111111"11° ORGANIZATION OORR ADDRESS O'Company,2/22 Infantry Battalion, Fort Drum, NY 13602 1, SPC 141671Wri went to make the following statement under oaths have been assigned to Fort Drum since August 2002. I was deployed to . fghanistan since July 2003 until January 2004'. I was wounded on 18 Jan 04, in a RPO attack on a guard tower ever - witnessed any detainee Abuse while deployed. HOwever, SA. shwoed me &photograph of myself holding my M-4 Rifle with magazine. I am wearing a Black Fleece 't_p_black knit hat. I think the indiyidual in the background was This photograph was taken of me prior to my being_wounded. I do hot remember the date it was taken or who took the photograph. I actually do not remember the photograph being taken, but it is me in the photo. I did not take a digital camera, only disposable cameras. My duties. in Afghanistan were Team leader, which consisted of cheekcing the team, roving patrol, guard duty and training and missions with Special' Forces. I was stationed in Kandahar Airbase, Bagram'and De Rah Woo (DRW). I never witnessed any detainee kicked, hit or inhumahely treated. I never mistreated a prisoner, but I do admit to placing the weapon to theprisoners head while he was zipped tied and blindfolded. Q . SA 1.1111111111. 64CILCOG-1 A. SPC SUM 69..G.,57,14, • Q. Can you' describe photographs 6/2 through 6/7? A. It was Birthday PUC. If someone got priomoted, it was platoOn tradition and noone objected to it or was hurt. Q. Do you recognize the invidual holding the weapon in 6/8? A. I do not recognize the person. Q.. Do you recognize the person in 6/9? A. No. - Q. Do you recognize the person 6/10? A. No. Q. Do you recognize anyone in photographs 6/22? A. It looks like OM" with the weapon, but I am not sure.. I do not recgnize the individual in the black fleece and cap. Photo 6/23 and 6/2 is definitely UMW holding the M-4 to the detainees head. - I do not recognize the individual in photograph 6/25. Q. Do you recognize the individual in 6/26? A. It looks like SGT OEM Q. Do you recognize the decease male in the photo. _ (,97.c.-6(ika. -8— PAGE/ OP, PAGES I} ITa lirP ERSON MAKING STATEMENT ...4 14A ADDITIONAL PAGES MUST CONTAIN,THE HEADING 'STATEMENT OF TAKEN AT DATED CONTINUED." Tgw BOTTOM OF EACH ADDITIONAL PAGE MUST HEAR THE INITIALS OF TH2 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 OF ANOTHER COPY OF THIS FORM. Clip ns..r.A.r.I.A1,..v.ts,nnx 411.1 ".7.4 l'Ara -0K -ex fe-c-) (40(40057 EXHIBIT DODDOACID 006232 STATEMENT OF SPC 04 CO D 3-dok-15 Were any SOP's 197.. MINN. USE MY Awn LAW . 11F4AIKEMFgDIOT FF.1!!! FDNY DATED 15 Jul in place about handling of detainees by your unit or command?. . . A. You can are not allowed to push them around. I never saw any pushed. We did bring them food and water. The SF Guys would instruct us to bring them water or MRE's. Even the SF guys told us not to be rough with them. I remember SFC OMOMMItwoulkgo to meetings and he would put the information out to uskic"ie r''`cf Q. How long were detainees kept at your location? A. I do not know the exact length of time. Q. How- would you describe the detainees living conditions? A. It was clean area. They had mattresses to sleep on and blankets. If they got new ts, t t old ones would be burned. Q. Did SFC nd LT run a tight ship? iimtk5.11€-.1( A. Yes. Communication was goo _sen the LT and SSFC11111••n• they worked well together. I know SFC -6111141 not s't'and for this kind of actions. He took care of the sodleirs over there and pulled guard when a • squad was short. Q. Do you have anything else to add to this statement? A.'I apologize for what I did. It was wrong, I no I did not physically abuse anyone. This was the first time I have seen the photo of me holding the weapon to the detainee's head, and it is I in the photo, regretfully. /////////////////////END OF STATFMENT////////////////////////// / / ///////4111 61C147;a= - - Fp1 MAL USE THEY • TI.J777 .4r,S LA Het LIIIEUS I T I V E iCi(105$ DODDOACID 006233 INITIALS 0 G STATEMENT PAGES .5-S OP PAGES (SI 411• FOR WICI AL USE OILY FEUSITr% DA FORM 2923 (AUTO • 17 "515‘i STATEMENT OF SPG =KIM At FT 1),Loo.... y DATED d/:33 -a 5‘ ..TOL. 19 Se CONTINUED: jo 6 Jab tr7 . ,AFFIDAVIT . I, HAVE READ OR .HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS•ON P GE,1.AND ENDS ON PAGE -.3 . I FULLY UNDERSTAND TE CONTENTS or THE : • ENTIRE STATEMENT MADE EY 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 OR PUNTSHMEN, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. r 4-35- 14 -5--- BUBBCRIBED AND SWORN BEFORE ME, A PERSON BY LAW TO ADMINISTER OATBS, Ac— DAT OFL71.1tort9 — 0,.., AT feTh 0A.A. -TH/S 19(5..,1 ORGANIZATION OR ADDRESS (R gn Cure o ere • ni s taring path) C-4 4v„_. sl (Name of Person Administering a. •0ROANIZATION OR ADDRESS An4:///.;fd (1,t1 u 0, 5 9 (Authority to Administer oath) • OA FORM 2 )4 (AUTOMATED) • nrFirIn DNI WITNESSES:. y DODDOACID 006234 AGENT'S INVESTIGATION REPORT IllVOrCID452-63629 10 DETAILS 1/5404(,(06 About 0930, 08 Jul 04, SAIMINNOinterviewed SOT B Company, 2/22 Infantry Battalion, Fort Drum, NY 13602, who provided a sworn staterrient detailing his knowledge of the photographs depicting suspected detainee abuse (See Sworn Statement for detail*. About 1022, 08 Jul 04, SA ONMIniP obtained from • SG41161111#41114 consent to search of his vehicle and residence for evidence pertaining to this investigatIdn. (See CID Form 87-R-E for details) At 1058, 08 Jul 04, SA this office, received 3 undeveloped disposable cameras for evaluation as evidence, documented under voucher number 047-04 from the hands of SGTS.../p 4974-4( At 1245, 08 JuI 04, received 2 rolls of Kodak undevploped fprin foy evaluation as evidence, documented under voucher number 048-04 from the hands of SGTMEMINdi -Co'ti00` 11 B Company, 2/22 Infantry Battalkin, Fort Drum, NY 13602, who provided a sworn statement detailing his knowledge of the photographs depicting suspected detainee abuse (See Sworn Statement for details). About 1238, 15 Jul 04, SA 1.1111111wp obtained from PFCIlikUlaliti consent to search of his vehicle and residence for evidence pertaining to this investigation (See Sworn Statement for details), ///Last Entry/// CID Regulation 195-1 PAGE 1 OF 1 PAGE About 1025, 15 Jul 04, SA diallififientervlewed PFC 0 OFFICIAL USE ONLY • - LAW ENFORCEMENT SENSITIVE ORGANIZATION 62"d MP Del (CID), 3rd MP Grp, USACIDC, Fort Drum, NY 13602-5013 TYPED AGENTS NAME AND SEQUENCE NUMBER SA DATE YuL. O 1 FEB 77 ENO 0133 - 04 .- C1D 452 - 6 3629 °f. tENSITIVE list tin DODDOACID 006235 GRADE/STATUS Z-S • .567- LOCATION BOOTAI. SECURITY NUMBER LAST NAME, FIRST NAME, NI • • GANIZA 0 OR ADORE oz,roiamwerar mat to make the following statement under oath' C7 0 d A A A I A 74 ) 44-1 -r? A e •'/At'" k v G eis e . leo 6 L. SA rt cS opiy f,JA i rif 04 a -el • .• AO • .044i ob• r. 50 Af.0 a A A.."-pee OA 74 e.9. C /Y)a-1 . _ • ••• • • a of 4-7 • I 0 13 3- 0 4-CITI 4 52 - 6 6 2 rrii OFFICIAL USE ONLY reRftHENT SENSITIVE 0 SWORN STATEMENT Por.usa of thin form, see'AR 190-4E1 The proponent agency of Deputy C! -f Staff for Personnel. P ry • .41 S. • o ."'" • • • • • Aa 7f or AlAt C I 1dr yi A.* Alt A 4 1,,/ Ave n • • • • • Ala 0 I F Cs M MMMIM111.11 .111.6 AIMIMMIIIn1111111Pr IMENIMMIENI AIIMIllrAWr AM! IMINNINLIiMMMWIPINEGNIFE0' AMR d AAMEMMIIIIIMMENV AMU' AMINE AMIMIIIMP•P"" n111 1.1.1111.1...11"111MMOw maNNIM EXHIBIT 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 BR INITIALED AS 'PAGE OF PAM." WHEN ADDITIONAL PAGES ARE UTILIZED, THE HACK OF PAGE 1 WILL BR LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE OF ANOTHER COPY OP THIS FORM. tl i, C 61. AlN0 3S0:11M10 ii0: DODDOACID 006236 • C it K urriuirit. „ _ * STATEMENT OF • ,•. V ENFORCEENT. SENSITIVE TAKEN AT CONTINUED. C." late 1:1C2WID a7495-2A.v.-° DATED 0 8 iliA,3(.../.L-1 -63 el ape) 064' Got---rn 9 rot S 7/14L-71 dew IdicLeat eit74 7440 re ztigd C.- a- AIA---- rqhao Ks a. n 0 -roc -rredovit z, Xet anaai Amin 727,c, A) „, (";,- (.4_,/.e-e 0 r. yrs Lue rt7L dor wiv 4- lora, eieri_c °Jew' lett 0--F Q°0 Dci octeed/ Ui6, u -very c-e,e a n y cfrialirpees kanl JtS1734 p orpia 0°0 3her A44-7 or4sieromily did cru e e Wiese, Cf-fliv-e.S --.2 /94C '41ACe PAGE OF WUtt:0 62 .4PMES 44- DODDOACID 006237 "'AEI "lmir'irHti i s saire -Am* as.. DODDOACID 006238 FOR OFFICIAL USE ONLY 0 ENFORCEMENT SENSITIVE . TAKEN AT er f-(5- v4 -C1D452 - 63629 DATEDogJuLoq STATEMENT OF CONTINUED. Cer zA 744-e_ N /1/44115 u • /vtez-i-- LF /41) 7‘t -7Z 47 74/1._e • Al _ II ..A11 vee r r r OFFICIAL USE ONLY CAM rieriou m mammm. - . II' 11-41 &pie )-e L-1-13? not or e-t&feaku- hl3 /1-1 n photogra-Oh 17!`5'rr d T 1 dt 11 • ZA42 FUR U1- 1. 11;IAL Ubt UNLI ?..„1....011.... ey-(s-a--- •. I' L'II:OCCEI1ENT SEIM TOE - 04 -CID 452 - 6362S TAKEN AT 144.. 61_5 Sre A (s. 104,,i WICal. e-Pr 'FCC( TY1 phf:).-/-ey3rapli 0 Ite STATEMENT OF CONTINUED. DATED 0810L.747,-.0 51661r6-- cl 3 . SS .+0 6 W 1 50? 0 g_o Whoil- dirplae d '14 ra-Ph g PAGE 14- OF X51 a F ICIAL 115E ONLY 1-4•.;m4. DO D DOAC I D 006239 1941_5 a. 124 }'I foo 7 , r 11•6 1,0 127z-50A-5 4 Ir7 /et," eX71 ON k_ 4 1 e 0, iztoai vitra4- otelor et-t-e d J-1/9o1 1-i ? ';/ / of 0 r1 711-4 AI 1 3 io(a- 71.124117,-- ZAJA g • O A loo' rf-- AL 4, FCR OFFICIAL USE ONLY LAW ENFORCEMENT EFZCIII" D 4 aq3-6-2 61 STATEMENT OF % CONTINUED. DATED Of -JUL oil im A Ow' 1 o, 4,0 \ A I 711L4 -e 1--e d Tyl 1- E 11 .at 0-to iFca _/ph 6 /,....; so et. eile° • /o2 00. I AI Pk*, A • SOPAGE OF PAGES R OFFICIAL USE ONLY lit 111161.11.. DODDOACID 006240 64c - 1-1( "7-Cf PAGE FOR OFFICIAL USE ONLY OF 6 ••nn•••n -4-c-tc to STATEMENT OF • CONTINUED. . FOR !UCIAL USE ONLY 1 0 3 3 (crl- CI 4 --9L,-0--rc, N - 52 - 8 362 9 FIACENENT SENSITIVE TAKEN AT DATED 081J-1-t. 0 Li ( Do :pt.( one Who uif I rzed 19 3 076-364 -3 A:3 tiu 1,06(•_e phoi-bok-aphs • -1-0-1(e4 ? We,re • cull gee r 1-s put_r 1- 15 airea? 0 us4 r, 06; Weire OY)j t9p:s Occez n 42 • Or- . eyorA-ota,02 a}11.4-41 714 P tt.14,5 /;')e: r e CA s-oP Fcrr i d 10,6- ,ly.a you 10 iontlion2 WO Ale! v 7/ .01_ /2 e-e-f -0 k pae- ta.e mie e L- -/-hro ugly eal-ed DODDOAC I D 006241 V . FOR OFFICIAL . USE ONLY 0133. - 04 - CID452 - 63629 ORCENENT CENSITIVE TAKEN AT DATED 0823—UL 06.-Y 1 14 STATEMENT OF CONTINUED. on or i?) et/7 5-475-7/ 0-11 7Cc7 e et." 4/.4 1.4_,A77• D ao---6°Oy) Did r on 1 -ISO dea±h5 or a-Hac ° St)ue &plc( r) irq bfl_ e ,S/ 0 Guice,"1 a. 0.1, 11 R OFFICIAL "I' ZU 4*' eot.,de 061 Zrycg (E.,t--C11 CP A?P" 44 A. ro e-4 174. DODDOACID 006242 =Damn= AND SWORN moms AB, A PERSON BY LAN TO ADMINISTER OATHS, VETS DAT OW , 19 AT WITNESSES' ORGANIZATION OR ADDRESS attp, ATEKENT or 0 133w 04-C1D452 - 63629 400'71'11 OFFICIAL USE ONLY !- P:rEPENT SENSITIVE lalc- DATEDOg :5t) L- • °It CONTINUED AISHIN AT it Or 1AN di ll DA FORM 2823 (A • AFFIDAVIT x, vg REAM OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS'ON . PAGE 1 AND ENDS ON PAGE. I PULLYUNDERSTANDTHE CONTENTS 'OF THE. ENTIRE STATEMENT MADE BY ME. TEE STATEMS IS TRUE, I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM 07 EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE 07 BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.. (Name of Parson istering Oath) INITIALS OF PERSON MAKING STATEMENT DA FORM 2823 (AUTOMATED) FORDEF,ICIAI, ONLY PAGES PAGES f (4.4 +4 ti E UPANisat- ORGANIZATION OR ADDRESS DODDOACID 006243 AMY FIRST NAME MI brurn, y 3{00,91 A • ,a 1A-7 • • e 416. A r. ra,e_117:44,25 Ake s • • I. e5 1 I- • • A .2- lo; Alf - A.:.* • r ' vUPl lee 1~_itethr I . : pleici enk. 11 n•• ee Mid FOR OFFICIAL- USE ONLY FOR OFFICIAL USE ONLY 04-CID452- 6362' LAW ENFORCEWERT SENSITIV MOW mazoistrr For use of this form, see AR 190-451 The proponent agency of the Deputy Chief of Staff for Pereonnel.. Tim 11W 12 :5 FILE NUMBER DI 0133-04-6010- N", IA. OH LOCATION rwripzirv,, p.r.iti au) {ft d1.4tAir„.111Q" GRADE/STATUS ORGANIZATION.OR ADD SE Vac. 2-22 113F want to make the following etatement under ottbs 2003 +0 7 Pf,e s•-dC1A-1 refleStoi, VIA • 4 6 .L.ordia-1. II A • Clect.r.4:447,35.-) ,tats in _..• •"' 4 • A is. Al ,M. II' SL - - kt.A r- in AJ, vv. 9 ,,A.A.4, • -7L- 01 4 14' If 4. 010r- See 1.L...- 11, r. ... d • .."11 — .• 11 AO A • a AL, • . _''''AlIo I p POr- rimor ... _ ot ' '...Min1 -1MIWINEMIA 1191111 ....1.' 101100 • EA.. • . in 0 .. NAL, ' e c r;ss en-, ..-76k.2.. SCYPS do...-1,1 fl-,2_ Ckerip aTP" 4aNt.scie_.5 ff., . t• 'red) it- ,-425zA 0,Alk ieMittinec;. •s u.-,ere_. -4..ror.it-por/- MA kg- rA. TeiA J APR ..ri - .01. a • • -• at, • CDS I A .• AA K.— A A C'oil'ed 1,AAe. ,S7Ar alb rod. JI • ar e.,--9 •k-003. ,442-kinee W eves cnisde r 414-id ;,‘ jimmsmenerpiemitt .' • roi./- Pte` 'ackc • • , • - /01,. wd e. IA vG ser44.1" c.2 ati,..04,,pc gL4-1A1 fqrriec riP dte-14% 41(=e he let ctike_r• ' •-• Jr Aid .01 110 :11, A _4 •• NA, L •..- L.01 % .3-1- 0 0-s004 chl. e 01 ie, do kAA ( 4.0Tipm .". re- ft L oot- I.'r.e. -ga=r'' u ty- 1.....,45 CiltV te le rrlOir ei tda4t; • • • @.r O. . least 1 e, - • 'IJ' c,d2 AL( m, )r25 cine en, A 12_ r rt AA • • MNIA' rot I "AA vi- CI • • 1. • • r a . , - -e. r4 Lugs lA c, e-t4i'm Lck. jC e.. • e- • 110-44Orr coi • A " le • Lk. INITIALS OF p MAKING ST TEMENT EXHIBIT PAGE . PAGES a Is ADDITIONAL PACES MUST CONTAIN THE HEADING "STATEMENT OP TAKEN AT DATED CONTINUED." THE BOTTOM OF EACH / ADDITIONAL PAGE MUST HEAR 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 OP ANOTHER COPY OF THIS FORM. EXEUNT rsq" DODDOACID 006244 USE THIS PAGE IF NEEDEDi. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORIVI. TAKEN AT CID DATER 16 lot. 0 • 5 -1 () el FOR OFFICIAL USE OHO LAY EOM CfYrPT SEMI' I 0333- 0 4 - C1D462 6362 STATEMENT OF Cr. 519 A: Pr ° 06.qt(264/ Q: ear) dot de-scr; be. tA) hal- /who 15 d epic-fcce 1) 0,7, 3 5pc. Pho-tnar-a_ h 5/i- 7 Jo c.L0944 0 14.1 descciloc, ph° fo3raph . ,/(9. aArl ot 5/3 2 P im 611-14.4.A °0 00.41) der5av: IoQ . phot-0 9raph 5/5- 2 • ii-hru VF-C- oii% kit 13 o-t-liaqv qg Wyck r S deictic-i-ed ph 07'00 it -P AC; d '%/-) ho-t-og ra. ph wina_4- I 5 at/pi cr-i-ed in pho 7L 0 ra. phs 5- 11) 5-7-1q 5 .-13 5- / ctA,‘ a 57 13- o° -1-clu.-10-1-- t1/430frler (9A56- ?NJ /elm ttah "Jcbig. on 2.oacaq 3 +her Nbleite:PS IraN CIVt arekt"es- sokl ie.1-$ iy,twAys72 cthat 3 c,tku- sc.101P4-,-s Soldkr -for Ws torti,a7- ll PhOtO9 ra. P -SY ? 0 0 tahls- pisfil t'ACI%1?"411 . q$1..,e— I 'A- tt0 Caaa. whco- 15 0(e-P1 e P t.)hKrolwr arAi,v5 0. %.4 CAX90A 44 al arc P uL. Caie tittiOrko'..eA 5 o tolos- poorl-;ng a wea.tak4 Voc__ th No_ Nc... csite. bout r 5 dpprcr--fN' ;in pholc 9 ya tali . PAGE 2, DA FORM Z11.23, DEC IRDS • FOR OFFICIAL USE OILY )1'0- 5,1r- Ile. RUG (042- INTTIALS OF PERSON MAKING sTror-trelT5-tkr;,-t- 1040. (9a4 5, 0 - 1 u,k,,.„4 Arsti#0, t6.1- Skerf- tke- rPfy, 6eM firms wag Kill4 00.) en' -I- hp— A tiae /23M ce-t-e Photo rourtfrb „4- cZO-- Jr1"Q 019%, 5c fiA5. '1'5 ckpicr -i-ea fr) phoiDgrap.')5- . 'As. 560/mrs ..,P2re- wvi. , 5 • - - ig 4 5 --ig ?-r .kt_ m,..ct i A iit- oc_A-, tri R. 1 sm. emy spc.gim seciimr ir-i-qr Is.z-jr6 6!i- V.Per. • (1- -re),,;.es-- 0/11ei , 5r. 5 GitTe'te 4404. hi pfrie fav ,'a phs PAGE Of PAGES Ft Di 61eirtSpvir, v 1,--- " /8 -07 ,4 2oa 4-/ . ar;;_a_Ppoi:/). ' 5 ? 6'15 L-0-41, wk°, + ka 4e- foo ICs DODDOACID 006245 r STATEMENT OF AKEN AT DATED t5" 3-t) L. t; 627 1 OF 4 PAGES INITIALS OF PERSON MAKING STATEMENT USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. ii0.07Arrt_prcri-e d ,hh© to P1-7 5 W? A g 5rc. Poio-frt O. —my" ck}r- Zo c-c4c2 krt- 1- • 75 de-Or d fr) • PhO tr)3 ra-Pt') S.4(01-liadt-x . MEW 0,sta Heap, :tic th1L. U., 01 Crr— P C., Cohn sz... Q°0 11-111 Ore-PictiL d iile\ ph iv, 9ii-c0 584„, low ea "-I-t toc_. pu c cskte Qt; 904 tAl r iq to add ail y r-khe yo S 1-a-te 0167-1. -I- 2 (koi AS // Eni D -/- /74ffir ( biz - 406-Li PAGE 0123- 04-C11)452 - 636: FOR OFFICIAL USE ONE? AN"' . 41) LAW EMFDICENENT FENSIT( 11111, PAD E 2, DA FORM 2323, DEC 1993 I! APA VI 00 FOR OFFICIAL USF flulv DO DDOACI D 006246 4t TAKEN AT a-73- DA FORM 2823 STATEMENT OF DATED 1571) "Li CONTINUED: 0 13 3 " 04-C11)452 - 63629 FOR OFFICIAL USE ONLY 4116 LAW ENPOICEMENY SEISITIYE • AFFIDAVIT X, HAVE READ OR HAVE HAD READ . TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 A' , ENDS ON PAGE LI . I FULLY UNDERSTAND THE CONTENTS OP THE ENTIRE STATEMENT MADE 'BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF BACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNTS NT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT (04 C' SUBSCRIBED AND SWORN BEFORE ME; A PERSON BY LAW TO AD STER OAT IS IE. DAY or j 4 2), i/ ORGANIZATION OR ADDRESS 1,11-64,6564 ame o era= Admin ntering Oath ORGANIZATION OR ADDRESS (Authority to Administer Oath) (4Ise 72 INITIALS OF PERSON MAKING STATEMENT 1-4,c, 1111111 DA FORM 2823 (AUTOMATED) FOR OFFICIAL ISE ONLY Lit OF. Li PAGES tinta -• PAGES DODDOACID 006247 WITNESSES , TYPED AGENT'S NAME AND SEQUENCE NUMBER . 1409-C4 i ($4.-1(bg. ORGANIZATION 62" MP Det (CID), 3rd MP Grp, USAC1DC, Fort Drum, NY 13602-5013 7 DATE a Jul 04 Foiwypett-040419ILT 1 FEB 77 • • II r ati-ft rrurm T CUM C17 I VP dia Fit OFFICIAL USE ONLY°1 43 04—C11)452-63629 IMF EliFtlittnlif SEMI IVE '-AGENT'S INVESTIGATION REPORT CID Regulation 1954 ROI NUMBER 0122-04-C10452 PAGE. 1 OF 1 PAGES DETAILS. blz-s- to SPC B CO, 2ND BN, 22N° INFANTRY, 10TH MTN DIV (LI), FORT DRUM, NY (FDNY) 13602: At 1019, 8 Jul 04, the undersigned advised SPC hof his legal rights. SPC IMP waived his rights and rendered a sworn statement admitting to taking photographs of unit members posing for pictures with weapons aimed at the head of Afghanisti prisoners/detainees and being In about tWo photographs where he was holding a unloaded pistol at the covered head of a prisoner/detainee (See Waiver Certificate and Sworn Statement for details). AGENT'S COMMENTS: SPAtallif initially interviewed at 0945, 8 Jul 04 and during the course of the interview, he made a incriminating statement concerning "bid photo's" being exposed by members of his unit prior to the incident in Iraq and only became aware of this after the news broke on television and newspapers of the Iraqi incidents. SP I 1111.111111111went on to state that he knew it was a problem and he himself had taken photo's of the prisoners-. SPC was asked, "What constituted a bad photograph" and his response was something to the effect of, 'one where the public Would be outraged", and went on to state, "that he was standing behind a prisoner with a weapon holding it at their head'. The interview was terminated t this point and SPC as advised of his rights. At 1330, 8 Jul 04, Intern this office, and the undersigned conducted a consent to search of SPC -barrack's room, FDNY. A search of the barrack's room met with no evidence o evidentiary value. Additionally, a search of SPC 1111111111111Ppersonal laptop computer for files containing photograph was completed, along with his Sony Digital Camera purchased after his return from theater and this also met with negative results in any explicit photographs being identified (See Consent to Search for details), ///Last Entry///. DODDOACID 006248 LAW ENFORCEMENT fEWs171. - '1•1 IS U 4L't 4 in, 4: • Rik OVARNINq PROCEDUREAVAIVER CL.. ATE For use eh this form, Cue AR 190.30; Ilea proponent agency is ODOSOPS DATA REQUIRED BY THE PRIVACY ACT ALITHOINTY: PRINCIPAL PURPOSE: ROUTINE USES: Dismosuile. Title 10, United Slates Code, Section 301 2(g) To provide commanders end law enforcement officials with means by which information may be accurately identified. Your Security Number is used as an aridillonegatiernate means of icientilicalion to facilitate tiling. and retrieval. Disclosure of your Social Security Number is voluntary. . ' LOCATION e•i CI often ‘ (2r. 1)011 1.4 . h.& 1-- . 2. DATE .6'1 8--aio TIME . 1619 4. FILE NO. ......;:.a12:6-yi 4 ... pa2-09.41s-'2- N -7 8. ORGANIZATION OR ADDRESS • $ elf, 4 rtd illud, b.Z.14-41 Zc 1.0iAlt 41,10' 2),$;•° /4/..--) ecLi R4 - S. id C"' 7. GRAD ATI& PART I - RIG TS WAIVER/NON-WAIVER CERTIFICAT Section .A. Rights . • Thu in v oaa name appe , re below tot e that he/she io with the United States soar - ,,, " f•1 2ai 4.- ..,ie „ . _ _ _... Army ekiPlAriAltt..., "..44•7.506;4-7-fLeUd flP0115 a • titration me about. the follow rig offonsels) of which f am /- • fol owing rights, and to have a lawyer present with me military lawyer detailed For ma at no expanse to lee, questioning and to have a lawyer present with me afford a lawyer and want one, a lawyer will he to stop answering questions at any time, or speak . . suspected/a .7 '_,f'Sid • 4 .1 ..Fe' . Ali,' i G. ... • Before hotst d ma arty questions about the offensa(s), • ever. he/she made Itchier to me that I have the I du not have to answer any questions or say anything. . Anything I say or do can be used as nvidence against me In a criminal Idol. I (For personnel subject In fire UCMJ) I ?lava the right to talk privately' to a lawyer before, during. end enter questioning during questioning. This fewer can be a civilian lawyer I arrange fur at no expense to the Government or a or both. . - or- (For civilians nol sub/eat to lire UCMJ) I have the right In talk privately 10 a lawyer before. during, and after during questioning. I' understand that this lawyer can be one that l arrange for at my own expanse, or it I cannot appointed far me before any questioning begins. . 8 I am now wiling to discuss the oflense(s) under Investigation, with or without a lawyer present. I have a right privately with a lawyer before answering further, oven it I sign the waiver below. • 5, COMMENTS (Confirm° on reverssee side) a •, ijiw- 4 ypii, gavolg4- s 4- 144-1,TA h.. 754 hitrz?ve.2.f, s . . ,(7 lup, rill bl-c-S- .,s-' • Section B. Waiver • I understand my rights as statod abovo. I wilting to clgs.u.61e4trtsets) under investigation and make a statement without talking to a lawyer liist and . • without having a lawyer present with me. ; WITNESSES (if available) 3. SIGNATURE OF INTERVIEWEE Y"` 1 • • -- . Itt-it '6-* c e6""6-- . . in. ' NAME (Type or Print) . ' . ORGANIZATION OR ADDRESS AND PHONE STIGATOR 103L-( 1 66-/ • 2a. NAME (Typo or Print) • 0:14'4 lek. -I - . . TYPED NAME F MA R S' Is.. ORGANIZATION OR ADDRESS AND PHONE . • . . ORGANIZATION OF INVESTIGAT BS NI. I RAC/ /39,,Z)1.7-- e -'1.0.) "4----PAff-m ./t/ jgZi 0 2--- Section C. Non-waiver . . t. I do eat WEIn I to glue up my rights: 1:1 I want a lawyer. q I do not went to be quuslioned or say anything. 2. SIGNATURE OF INTERVIEWEE • - {.‘ 6 i'i - ub 1 r . : TU . ATI'ACH 11415 WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 202,3) SUBSEQUENTLY EXECUTE() DY THE SLISPECTfACOUSEO. ...1.n...nn•nn .mufvnIWYMPIMPIMINUNIm a t DA. FORM 3881, NOV89 fifF1PTVTVAPscLoRLELENLY • ;AP FUTIRri:MPUT . 7;3 .11 Ar • 1111n10, DODDOACID 006249 FOR OFFICIAL US,E ORLT 33 - 04 - C 1 0 452 6 36: Iv LAW ENFORCEMENT EENSITIvr SWORN.STATEMENT agenoy of the Deputy Chief of Staff for P.m:formal. ir LOCATION if CID Office, Fort Drum, NY 13602 LAST NAME' FIRST NAME, H DATE 13 Jul 04 SOCIAL. SECURITY NUMBER TI ass nip NUMBER 0122.44.-CID452 GRAMOSIAVISI E-4/AA For use of this fora, sea .AR 190-4S: The proponent ORGANIZATION on ADDRESS B Co, ;th Rn, 22'd Safi IOth Mtn Div (L/), Fort Drum, NY 13602 want to make the following statement under oath: . I was deployed to Afghanistan with my unit from around July 2003 to 6 May 2004. We were based at Kandahar, Afghanistan and I was a Team Leader assigned to 1st Squad, 2nd platoon. I had four soldiers assigned under me. We moved around to different firebases depend1ng'on the missions we were performing. It was a routine deployment in a hostile environment and the only ba,d fire incident we had occurred at Fire Base Tice, which is in Dairu Wu (DRW), which I don't know how to. spell. This incident happened in the early morning hours, about first light of January 18th, 2004 when an enemy combatant came into our perimeter and fired a rocket propelled grenade (RPG) at Tower #1 injuring three of our unit members.'I was awakened by the blast and ran outside with my team members and secured a perimeter area: It was about this time that I observed one dead enemy combatant lying on the ground. The incident was over in a matter of seconds and I don't know who actually killed this combatant, however I feel it was justifiable because he shot . a RPG at the guard tower. The . only other thing I can think of is pictures taken with PUC's (persons under custody) where some unit members were holding weapons to their heads, likes the ones that were shown in Iraq. PUC's were prisoners or detainees under our control: I took some photographs with a Sony Digital camera that I purchased in Qatar while on R & R of prisonPrs but never downloaded on to a computer or Cu. I didn't have access to a personal computer and the computers they had set up for everyone to use on the base were administratively programmed to not allow this. We were told this and I even tried it at the computer station, but it wouldn't let me. The bad photo's depicting fellow soldiers with prisoners were taken before the incident in Iraq and after seeing the problems they had in - • Iraq I knew this was a problem and should have never been done- I realized there would be another public outrage if these photographs got out'so they were destroyed. My photographs were never processed as the camera broke because of the dust and climate we were in so I threw it away while I was over there. I had my picture taken on about two occasions with prisoners who were blindfolded and I held a weapon to their head. I believe it was a pistol and I made sure the weapon was unloaded before I did this. I can't even remember now who photograph me but it was with my personal digital camera that I threw away over there irr4-roint-ry T nm riae nrmblimwq thi q InAs nr •I'll.r.r"Pri A rt vnebOt- laa ,q EXHIBIT INITIALS OP PERS NG STATEMENT PAGM I OF et PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT _DATED CONTINUED." THE BOTTON OF EACH ADDITIONAL PAGE MOST BEAR THE INITIALS OF THE PERSON MAKING THE sTATEmENT,AND DE,IN1TIALEILAS "PAGE OF PAGES." WHEN ADDITIONAL PAGES ARE UTILIZEM THE BACK-OF PAG 1 WILL BE LINED OUT, AND THE giTIpliT V/; +76 CONCLUDED ON THE REVERSE OF ANOTHER COPY OF THIS FORM. 1.1 - lEvEuirovyr SIN111111n111. P DODDOACID 006250 FOR OFFICIAL lisE utiLy ir- 0 4 -CI D'45Z ti 60 ;4 - . • LAW EHFORCEMERT SERINTIVF • STATEMENT OF'SPC TAKEN AT CID OFFICE, FDNY DATED 08 Jul 04 CONTINUED. Oir ong after I seen the reports in the newspaper on the prison abuse scandal in Iraq. 1 discarded my photographs thinking there would be no problems later on, however after being confronted by the CID I wanted to get the -truth,out and not cover up anything. Q:SA 01110.11111 10cti t (e61 A:sPcaliallki97-4.(4 i 14-Li Q:Are ybu positive you didn't take any photographs of your fellow soldiers holding weapons at prisoners heads? A:No I am positive. . . Q:Are you positive you only had about two photographs taken with a prisoner while holding a weapon? A:Yes, it was about two photo's. Q:Were the heads of the Prisoners covered or exposed? A:Covered with empty sandbag or burlap bag. Q:Was it the same prisoner you were photographed with? A:Yes, I believe the photographs were taken at the same time. Q:Was the prisoner aware he had a weapon pointed at his head? A:No. Nothing was said, I just posed for a photograph. Q:You stated yoU believed the weapon was a pistol and it was unloaded, are you sure about this? ' A:I am quite certain it was a pistol and I am pOsitive that I unloaded the weapon before hand. . . . Q:Are you sure you don't know who the soldier was who took your. pictures? A:I don't recall who it was. We were working 12 hout guard shifts, then 12 . hours guarding PUC's, 12 hour fuel detail and•then 8 hours off time. Q:Did you ever kick, hit or inhumanely treat a prisoner or detainee while they were in U.S, Custody? A:No. - Q:Did you ever witness.a fellow soldier kick, hit or inhumanely treat a prisoner or detainee while they. were, in U.S. Custody? A:No. Q:Where was the photographs taken of you? A:It was right there at Fire Base Tice where - we were responsible for guarding the PUC's. Q:Were there any Standing Operating Procedures (SOP) in place about handling of detainees/prisoners by your unit or command? A:There wasn't anything frcim our unit or command, everything came down from the Special Forces Group who ran the camp. In this case-it was the 3 rd Group, Special Forces out of Fort Bragg, NC who were running this camp. Q:Was there an SOP that they provided? . • A:We never received anything in writing like you would see in a standard SOP, everything was done verbally throUgh them. We would get instructions on dealing with the prisoners/detainess depending on their satus. 4:What was this guidance that was verbally given to you? 111 0 34.4116.4r . .01 .P . • a PAGE OF 41 PAGES FOR OFF IC I AI IIA P v DO DDOACI D 006251 STATEMENT OF SPC Jul 04 CONTINUED. FOR OFFICIAL ll5t Uf141 174.r1n459_ .„25. ERFORtEMErf rrjr!."' TAKEN AT CID OFFICE, FDNY DATED 08 4111A:•hey advised us that the non-violent detainees were to be flexed,cuff on their hands only, no sandbag'on their head and they received a mattress, pillow, blanket and were allowed to sleep. The other type of prisoner/detainee were either violent or had information and were to be flexed cuffed on their hands, heads covered and not allowed to sleep. This was our guidance, 'very general and'broad. Q:Were you ever advised about the handling of the prisoners and not to be photographed with them? A:No. Q:Do you know if anyone in your Chain of Command or with the Special Forces Chain of Command their were aware soldiers were being photographed with the prisoners/detainees? A:I am not sure. To my knowledge no. Q:Was anyone in the Chain of Command, your unit or the Special Forces Group their were aware that weapons were being held to the prisoners/detainees heads? A:No, not that I know of. Q:How long were prisoners/detainees kept at your location? A:I want to say usually around 2-3 days and then released to the local Police Force or taken were ever they take them. The Special Forces would do this. Q:How would you describe the living conditions at the detainee facility at your 16cation? A:Just as good as our living conditions.: • Q:What were the Rules of engagement (ROE) during your mission? A:Pretty much, don't fire unless fired upon. Q:Were you updated periodically on changing of the ROE's? A:As far as I knew they stayed the same. Q:Do you know the grid location of Fire Base Tice? A:No. Q:Were you aware of any 15-6 Investigations while you were there involving questionable deaths or prisoner/detainee abuses? . . A:No, not that I'm aware of. Q:I will not direct your attention to the photographs that were seized in this investigation and are marked 1-21. You looked at the photographs and were familiar with the area and'or incident on most photos, do you recall this? A:Yes. Q:Can you describe photograph 5/1? c.../.(i54.4 Looe:It was a photograph taken of SFC , my Platoon SGT and,SSG • torallii111.1. Weapons Squad Leader on New Years Eve 2003 at Fire Base Tice, Afghanistan. We were having a get together amongst fellOw soldiers. • Q:Can you describe photographs 5/2 thru 5/7? A:They were pictures of soldiers being "PUC'd" because of either a birthday or promotion. This was a ritual within the uriit as sort of a .Esprit.de Corps. There is nothing bad that happens and no one gets hurt. Q: describe photograph 5/8? . 111111103e.-s- i bk2-5- • . • • , PAGE OF 10 27 PAGES tAC-00oft -S-- i FOR npritia HRF OWLY 1 rTi DODDOACID 006252 FOR OFFICIAL OSE ORLY A 33- 04 - C1 D452 - 6362 .L4g ENFORCEMENT SERSITIVr STATEMENT OF SPC TAKEN AT CID OFFICE, FDNY DATED 08 JU1 04 CONTINUED. IIIIIMIMand. say this It is a soldier standing behind a prisoner holding a pistol to that OrisOners head. The soldier•in question is SSG because he has on a hat that he always wears and it has the words "No Fear". Q:Can you describe 5/9 and 5/10? A:They are pictures of a hand holding a pistol against a prisoners head. I have no idea who this person is by just seeing their hand. Q:Can you describe the remaining photographs 5/11 thru 5/21?' A:They are pictures showing tower #1 and where it was hit by an RPG, blood from the soldiers involved in the attack who were wounded, plastic bags with blood on them, blood'on the ground andthe enemy combatant who was killed. Q:Did you take these photographs? Q:SA of this office. provided three pieces of film paper containing a total of five pictures that we will talk about, are you okay with this? A:Yes. Q:The first photograph depicts what is believed to be a soldier standing behind a prisoner with his hand on his head and the soldier is wearing a black cap with face shield and green insulated liner. Do you know who this soldier islAc,-5-066,5- A:SGT Ilimpof my unit. Q:Were you aware of this incident? A:No. . Q:The second photograph depicts what' is believed to be a soldier standing holding a automatic weapon to the head'of a prisoner who is blindfolded. Do you kno qplah4.5 soldier is? A:SGT oeqrty unit. Q:Were you aware of this photograph? A:No.. • Q:The third and single photograph 'on this page depicts what is believed to be a soldier wearing glasses with a slight beard growth holding an automatic weapon to the back of an prisoner. Do you know who this soldier is?tw.....‘166-5-- A:5PC.... of My unit. Q:Were you aware this photograph was taken? A:No. Q:The fourth photograph depicts what is believed to be two soldiers, one from the previous photograph, believed to be SPC MOM holding a weapon to the head of a prisoner and another male individual with sneakers on. Is' the individual holding the weapon SPC INIMMOland who is the other individual? biz. -57(645-- kip.‘06 -T- A:Yes it. is SPCIIIIIIIIPand the other individual is me. 0:What were you doing at the time? lith/c..6- 64,..,5- PAGE. q OF PAGES rft0 riPFIrIM IISF ORLY EVILNIDiT DODDOACID 006253 04ip - 04 -C11)452 - 6 367, 4 FOR OFFICIAL USE ORLY ENFDR•CEMERT SENSITIVE 411IP STATEMENT OF SPC TAKEN AT CID OFFICE, FDNY DATED 08 Jul 04 CONTINUED. w:I was probably making my rounds checking on the men when I observed and as standing there. while SPC MIIIIIPwas' being photographed. Q:Did you say anything to him or your team members about being photographed with-the prisoners, especially weapons drawn at their heads? A:No,I was not aware of not being able to be photographed with.the prisoners. Of course, common sense would prevail about being photographed with a prisoner and holding a weapon. That shouldn't have happened and I became aware that this couldn't be done after the news broke about the problems in Iraq. Q:Are you sure you weren't around for SPC iiii phhoottooggrraapphh session since he was wearing the same clothes in the other photographs? • A:No I was not and it happened during the photograph above as I was making my rounds a the Sergeant, of the Guards (SOG) making. my rounds and happened • to being checking on them when they did this phOtograph. Q:As the SOG were the soldiers always photographing the prisoners/detainees when you checked on them? A:No, it would happen occasionally. . 1_-_C_•_S-J "b_i.)°,5.. Q:The fifth photograph also depicts what appears to be SPC immomp holding a weapon at the head of a,prisoner, is this correct? A:Yes it is. Q:can you recall any other times where you may be standing in a photograph while a fellow soldier is holding a weapon to the head of a prisoner/detainee? A:I don't recall and I can't say know no for sure. I may have forgot about another time doing rounds when someone took a photograph. I can say that this wasn't a habit of everyones. 4:130 you know who took these five photographs above? A:No I don't. Q:How do you feel you were treated today during the interview. A:I was treated well. Q:Were you . offered the use of a - restroom at any time? A:Yes Q:Were you offered food and drink, even though it was a MRE? A:Yes. 0:Is their anythirig you like to add to this your statement? A:No there isn't. I am so IOW for the shame I may have caused as a result of this and apologize. icric-51 1,17 -15-- ////W/////////////End of Statement/Hit/in/WM/Mt/WM 00C,3':79 PAGE OF • te PAGES FOR OFFICIAL USE ONLY I DODDOACID 006254 (S TEMENT) (S' ature of Parson A• n a aring Oath} SA (Name of Person Administering Oath) Article 136 (b) (4) UOMJ (Authority to Administer Oath) Ctftt.t. 3 ' A PAGES r INITIALS OF PERSON MAKING STATEMENT q(-1,110—I PAGES OF • N-r];1- 04 - CI D 452 - 6362i 411 FPI' OFFICIAL USE ONLY 41) 7K - BECEC:71:T SENSITIVE W9-5 orf=iedef DA FORM 2e23 1 STATEMENT OF TANMN AT ,41- AJ./ DATED 27 71/4. 1,4,1 CONTINUED: /////l/NOT AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 40 , 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 OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, -OR UNLAWFUL INDUCEMENT. SUBSCRIBED AND SWORN BEFORE NE, A PERSON BY LAW TO ADMINISTER OATHS, THIS Sth DAX or Jul, 194 ja CID Drum N 13602 193e.--( 166-( WITNESSES: ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS DA FORM 2923 (AUTOMATED) , P. P nreiri Al Ile[ nU3 V e re7 DODDOACID 006255 TYPED AGENT S.NAME AN SRUEN,C4 NUMBER bg. SA ORGANIZATION 62M Military Police Detachment (CID), 3 rd MP Group (CID) Fort Drum, New York 13602 DATE ' 16 Jul 04 EXHIBIT / Si FOR OFFICIAL USE ONLY PROTECTIVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION Tars AR 3413-16) (When Oats Is Enured) . LAW ENFORCEMENT SENSITIVE CID FORM 94- Oct S5 • (1 k: a t . t INIORCIMIllr =SIM 4, AGENT'S INVESTIGATIVE REPORT CID Regulation 1954 • RI NUMBER 01 33 -04 -CID452-63629 • PAGE / OF, PAGES About 1452, 08 Jul 04, SAIWiterviewed SGT -moats • Co, 2/22 INF BN, 10th MTN DIV, FDNY, who rendered a sworn statement denying any knowledge of detainee abuse or the photographs in question. SGTOMEMfurther related he could not identify any of the persons depicted in the photographs (See Sworn Statement of SGTIOMMIFor details).1eric-466 44 About 1505, 08 Jul 04, SGTIliglaireftised a consent to search his vehicle or quarters. / -1 About 1200, 12 Jul 04, SA interviewed PV11111/11111 who rendered a swam statement denying any knowledge of detainee abuse or the photographs in question. PVIIIInidentified some of the persons depicted in the photographs (See Sworn Statement of PVialomp for further details). About 1205, 12 Jul 04, PV111111111Mkonsented to a search of his quarters (See Consent to Search for detai) About 1235, 12 Jul 04, SAMENEM. and SAMINIMIIMMEIMMIP, this office, conducted a search of PV1 1111111111111.harracks room. No items of evidentiary value were found. t96, About 1220, 13 Jul 04, SA. interviewed PFC , B Co, 2/22 INF BN, 10th MTN OW, FDNY, who rendered a sworn statement denying any knowledge of or involvement in detainee abuse, while deployed to Afghanistan. PFC1/1111111111Wurther identified US Soldiers depicted in the questionable photograph's (See Sworn Statement of PF or details). (AC'titIti-d-1 ult,:y16,24 About 1227, 13 Jul 04, PFCilconsented to a search of his vehicle and quarters (See Consent to Search for details). About 1235, 13 Jul 04, SAilliand SA this office, conducted a search of PFC .11.11111vehicle. No items of evidentiary value were found. (91(-4ttlifk'q Pk:L . About 1255, 13 Jul 04, SA rand SAMIIIIIIIconducted a search of PF barracks room. No items of evidentiary value were found. 1 ;464iiit ra -f About 1050, 14 Jul 04, S interviewed SPC , B Co, 2/22 INF BN, 10th MTN DIV (LI), FDNY, who rendered a sworn statement denying any knowledge of detainee abuse or the photographs in question. SPC MIN" identified some of the persons depicted in the photographs (See Sworn Statement of SPG 110111/1r for further details). 61C '44/ 41 About 1100, 14 Jul 04, SPCIIMMIlitonsented to a search of his vehicle and quarters (See Consent to Search for details). . DODDOACID 006256 ; r ; • ROI NUMBER AGENT'S INVESTIGATIVE REPORT 0133-04-C1D452-63629 CID liegulean 1054 • PAGE 01 OF g PAGES About 1110, 14 Jul 04, SA d INTvitikithiata this office, conducted a search of SPC 11151641.0_/,Mirvehicle. No items of evidentiary value were found. About 1140, 14 Jul 04, SAtItatand INTimmorconducted a search of SPalliellCil‘la 6ll.l bt arracks room. No items of evidentiary value were found. About 1125, 15 Jul 04, SAkitilitinterviewed SPC BN, 10th MTN DIV (LI), FDNY, who rendered a sworn statement denying any knowledge of detainee abuse or the photographs in question. SPC L further related he was one of the US Soldiers injured during the RPG attack on 18 Jan 04 and was able to identify some of the persons depicted in the photographs (See Sworn Statement of SPCEIMP for further details). About 1130, 15 Jul 04, SPCIalar -11 efused a consent to search his quarters or vehicle. About 1235, 16 Jul 04, SAtillirmterviewed SPC , B Co, 2/22 INF BN, 10" MTN DIV, FDNY, who rendered a sworn statement denying any knowledge of detainee abuse or the photographs in question. SPC11111.11n1111was able to identify some of the US Soldiers depicted in the photographs (See Sworn Statement of SC or details). 1.4-1c,(4006,4( -44 L-. 1 About 1245, 16 Jul 04, SPC IInroonsented to a search of his vehicle (See Consent to Search for details). DE1 AILS B Co, 2/22 INF AGENTS NOTE: SP be. SPC had Coric,"idea. -q About 1300, 16 Jul 04, S value were found. q related he would give consent to search his quarters at a later time, if need numerous personal appointments he bad to take care of at this time. conducted a search of SPC116111111161 vehicle. No items of evidentiary A check of the Defense Clearance Investigation Index, United States Crime Records Center and the Criminal Information Center, this office, ' A check of the Defense Clearance Investigation Index, United States Crime Records Center and the Criminal Information Center, this office, pertaining to TYP n AGENTS AND S N M ER SA 4 CID FORM 94- 1 Oct 25 FOR OFFICIAL USE ONLY • PROTECTIVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION (Para 13, AR 340-18) (When DM prfenid) LAW ENFORCEMENT SENSITIVE 62nd Military Police Detachment (CID), 3 4 MP Group (C10) Fort Drum, New York 13602 DODDOACID 006257 SA TYPED AGENT'S NAME AND SEQUENCE NUMBER fo c-1 (oa—i t eQ AGENT'S INVESTIGATIVE REPORT CID Regulation 195-1 ROI NUMBER 0133-04-CID452-63829 PAGE g OF 3 PAGES U k1AILS A check of the Defense Clearance Investigation Index, United States Crime Records Center and the Criminal Information Ceder, this office, J0-9-c 416‘.- DATE EXHIBIT ORGANIZATION 62nd Military Police Detachment (CID), 3 ni MP Group (CID) Fort Drum, New York 13602 16 Jul 04 rug union= ONLY- LAW EIFOICEMBIT SEISM! CID FO 1 01195 94 FOR OFFICIAL USE ONLY PROTECTIVE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION (Para 13, AR 3404% (When Data le Entered) Or CI 4 ,;1. ; 8 3 LAW ENFORCEMENT SENSITIVE DODDOACID 006258 PAGE I OP / PAGES INITIALS 02 PERSON MAKING STAT be-c ei767-V SWORN TATMENT For use of this form, see AA 190-45i The proponse Cy of the of of Staff:for Personnel. LOCATION DATE FILE NUMBER GID Oirie ralarr NAM MST 17 1w p83-060 5-4 ofzi-.01-0D•dz_ EGANIZAT/OR OR ADDRESS ,41-/t/ want to rake the following statement under oath' A; re- 567 -1- q : b fioa -r/q /.4g /9•41/ 1.01-71/1-E-- ( a_ )8;le,E I 11) F-6-1Mv/ ALye...s 1,0 1-1-47- or a /9-me-72/1 (D F ru 6-11 Drit} ri F Lf LOHAT PH-017D&Avii 3/I? 0133-04 - C111452 - 63829 FOR OFFICIAL ORE ONLY S LAW ENFORCEMENT SENSITIVE 1111 ADDITIONAL FAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED.' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MARINO 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 OF ANOTHER' COPY OF THIS FORM. 84 FOR. OFFICIAL VSE ONLY EXHiisii it? DODDOACID 006259 STATEMENT OF CONTINUED. , FBI OFFICIAL DU' ORLI 0133— 04 — CI D 4 5 29 DR CEMENT SEASATWAter TAKEN AT ,CT 7)/2 , $14/ 1 DATED 0 ill- 0 6//. ti L-5 av-g- WPM So 4064 614)()It ry )1./gT / / ghok gt;',/-/ 3101 3/3 fi-A)I ). 3/4 ? ?; L-t- u-15 OF erM6 tet-s g%Irkdo--(1 +Ike, cy-P-e- C 4 1kUi 1 Lowit/ uiolab rz_gge6erc --D Fos. -o as r/.31-00 Y.\ 4-6-4 ko r 7,1.4-4) tiod _Tbevnry to *9--7- / 11_.) Pho-6r4PAS .3/54 5/1,0 14.4) 3/1? /4 (1_1/4n.,31-4,0er I .O(4 s;-,e)f-S 13;r+-1.-dal 4-4) aa ,EqT /-7z 3Ig? P Ns-cc 0,11 3 it 7)c) l/pa kvote.,) u) /- 7/ fie72504-) 7 )5 11-721-7tA)6- /-0015 t.,/_/" 19. ci--a ilJ? 1)0 you 1-6001.E.) Lo/4-0 7-We- 15 oiu 7-fritc 6-tlaocu coo Poi,ure-D 71--tbs-in P1'. NO FOR I mu' aur v FY111RiT /q." PAGE f:::3 OF PAGES DODDOACID 006260 (040" FOR. OFFICIAL USE OILY • 0-13 3 - 0 4 -C1D4 2 9 STATEMENT OF itaYN SO 5 9-1-°-"faltii( ' DATED p 9 " 4; CONTINUED. . .. q ; e._,41,6 y og i' D6-ivi-iry wim-7-- /.5 i,t)• it/h, 6e,4441 3/9 ? ft; e -er c 0 A yo;y1f; 0 c too rij oil cin e e(C'e '5- ii .,,,_et (i : il-.v vpc! _,/2- 7)t-finr.-'e-7 A if.) 6( 2F TIM- /06-izseniti 5 Oik "..Y1b -e ke..acj 11) Oa _1-- --(lir/ FL / IL) O F T,iI6 -7)-60 I A) -71-4 r 6- RA- P 7 kk • )--1119D y 5Erjo) /9(4,7-z, 612g- fiA/5 319 oR 3//D Pr2toR i75 7-74/5 /A)rk-2v/L-,--ze„q I\10 e_?! (-70u Fy /i iA-) P11-077) 6-.1-7,/17 3 3/1/ 1 1-1-140a&111 3//9 ft: AOsu. 44A-ey curt- d-Ldes kJ1-14-1 you in CAP y DR.Lo _raP ? A : V) g12 ty-- T) gren cje. 4(5'; Zdt) u D1-Mr. fi) /6 140 7 b126/-4-5- 696"fir t1641 pAGE. OF 3/az, /4-/v ,5/, XHIBIT IT (1)41t) Vt( )e7t)-7-7 F-(7/ //Z3 ? /if) Plhipr19/4 ;no Ai Irler nub v DODDOAC1D 006261 Mon? 6-12A-pli be-L( PAGE IAL OSE ONLY RiltrUFWT grWRITIVF STATEMENT OF CONTINUED. FOER li fO F£F FICREI A14L 5 EURS E ONLY 0133 - 04 -C1 A 45 1111/ 629 .1 U& AKEN AT r-r 1)/2alv 114 DATED OM- 047 : V o V Olt. Aruy 'T-7)6-0 ti) f I z 77--//i 11D87-/0 &air/5? /9: NJ( 13bAk-o -k-s : A) V Ow .7 &Ur? F y 91/4-7- /5 33 3 ? 11, A -ex. 0 ,e1 0; ,61-9kvici oy\ CA V°' -De-Pic_ 7- I I V, evri F s A) TH Z--f- /M0 P A 0 /-08. RIefr,//5 ? N C/4/1-) Vea /De-x/77 y u)(71617-- /3 oil ,O,k)71-z3 ,q,671-/ 3414/ ? 74(91R/ h' /5 U e.5 Y.) ekir ay) a +LtAr. .-Dcals„-reD 1 AJ rt) 71.-)T? LO 11-ig T I -Ph ki ra ph 5 3/7/-,5 7 -ZS ttOfet .)e)A cu, -11 t o-cn CiPit[P EXIiioi 1 17 DODDOACID 006262 0 3 3 - 04.-r1n 725 FON OFFICIAL USE 011, 11,111e— STATEMENT OF ktAtiliTAV /01 10 y DATED e 61 17 CONTINUED. ) 7-1-1 -5 Pg2,7- b6-2giohl fi ;1\tb -1)0 y tt 1.6 t) o t,c) hi or e72/19 u.)/1-.5 4156-D 7-0 774 1&" 7-74 01/07-0 6-gig Pi/s pit 14 fit/ US 7- 16-41-)e-D? Ak--6-7-//942/5-7#- /ti Pioloqgiq-nis oe-fze- TR-46-it) h: (y" p rk(...ilare 5 7-1 F4 At cz)tYtt ii7D litJ)st rrn (4) Re 4-0 ti 5/ d' ' dP6 -R117-7 1-et (30/ a Hu PL4-c&--" A-661,LT r bc----Tiq-1 067L- 5 Donit- 1710( . (40co I- Log-Pie be-7(4- K -r )9-1— vu (2. La c_A-- 0,0 11. --- 60- e. cvleq Jen, tte)(4.) /600 4Ley k f 4-- u.) te - yo rt ve-g_ 1tuvoLv --D bo( i-/4 /4/411AL/x).- -be 77-fil nr rrite-re, yt-vi i2_ Lb. A: NO 6.= 17-if gut_e-s er- 6-06- 6-gli40-0 -r -(1 PAGE 5 OF tyo.m..2 88 1AL USE otar • EXHIBIT DODDOACID 006263 PAGE 4V OF as FOR OFFICIAL USE ONLY ) G STATEMENT OF CONTINUED. FOR OFFICIAL IJSEp L 0 1 33 gip - 04 -ri n 452 it& rb,i7 e((, DATED p a ag_aitt.)o- (/oa R, n/ilis-/ e4) ? F -i-Gt feed-en . 1Lice a : 106-- P-6 ra iODMrg-0 ia6-iatooic./4E._e_L/ 0 0 e.,N.,4,,,,,„ 11-:' NO 65 : Da yo u /o}67 0 7-Ng- 6-7 e7) Lz5e,47-70/ti of-- Ift&R____ NO 6: 7 r 7 -74 -e uLt t I n1-11 a_. tt, r1 ve57e7e/9-r7/r-i do gie /7? 77 /126- e-z- 50L-D/ &---/e .5- • GL 4) r7-5 • X95 5 eani e :1"-- An IcA(\b 12 --7012-4-(-5e7t1 Ti t 16-'-` 5 • ER 6--- w, FH (/ Drr nt.) /-rhie-/z. 769 ieRA) 0:Do VOc( kivnt) or rq ft} )6 u) 17L-0 ).-/ sz-7) e-13 afiLin eA14 Cog. IA) / /9-71/( .57797e2 7 1 0 Mr i t /-71;ti ELSE JO / 77) -P4- 1 5 -7-11-7—e- rn ertli 7 A.Mr9 //h.: 4'D 6 7-M7J-114e-4g-111 DODDOACID 006264 PAGES 7 qtt7,14 . Uri dill INITIALS OF PERSON MAKING STATEMENTW/c. hg DA. FORM 2823 (AUTOMATED) 1••n IR MI DA FORM 2823 STATEMENT OF OLAV ElIFORCEIIENT SERSITIVE go FOR OFFICIAL USE VOLi 0 1 33 0 4 -CIT) 4 52 6 362 9 . C is aFP,Gr ThlUEN AT pr bgikeet IQ it DATED r CONTINUED b76-4( bi6~. --f AFFIDAVIT HAVE READ OR HAVE HAD RBAD.TO ME THIS STATEMENT Ma• = BEGINS ON PAGE 1 AND ENDS ON PAGEL/ . 2 FULLY UNDERSTAND TRE CONTENTS OF THE ENTIRE STATEMENT MADE BY MR. THE STATEMENT IS TRUE I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAIN 0 TUE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD WITHOUT THREAT OR Po P =: 4 0 4' r AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL lois .4 v4061 11/C .4-f( 66‘4/ WITNESSES' • SCRIB TO • INT AT 11115- AND SWORN BEFORE HE A PERSON ET LAN THIS ,47714 62,!1 0e/ ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS gnatu set7 • •atri) (Name arson II sr ng ger 434P (4;;)(,i/ j (Authority to Administer Oath) DODDOACID 006265 FOR OFFICIAL U LAV ENFORCENEIII 133 - 04-C1D452 -63C SWORN STATEMENT For use of thio form, Aso AS 190-461 Theiproponeat asiency of the LOCATION TAW CID Office., Fort, Drum,NY 13602 /A06- DATE1IIIIP • 12 Jul 04 FILE NUMBER 0122.414-CID462 Deputy Chief of Staff for Pargeommi. LINT MANZ, FIRST XI, MI IMMINIMINIP12MAC•"( ( 4/6 ' CI --S-OC IAL EINCIligIiTlNKUBIR p‘-4 ^1./ GRADE/STATUS • FV1/RA ORGANIZATION OR =MSS . • N Company, 2/22" INF BM, 106. 2=4 DIV (LI), Fort Drum, NY 13602 - • lW.,WIOD,7q4 want to make the following statement under oath' I got to Afghanistan in AUG 2003, I was with B CO. 2/22 INF BN, I was in Kandahar. I went to Bagram an NOV 1" .and stayed until the end of November,Thanksgiving I think, then I went to DRW (Darahwod) from DEC 03 to February 04, I.was in Kalat.(spelling unknown) for 3 weeks in the . month of March 04, I think. While I was in Kalat, we were constantly being shot ati and had RPG attacks almost every. other day. To my . knowledge no'one was ever injured because they always missed us. While I was in DRW, three of my friends were seriously injured during an RPG. attack upon Tower 1. I was not a.w•tnese to the RPG attack itself, but responded to the horns blowing and assisted in getting the three injured US Soldiers to the Aid Station. I was there when they started returning fire on the Taliban that fired the RPG. I believe the Special Forces in the area got the final shots on the enemy. The attack happened on January 18, 2004. 66,1 Q: SA I" "c A: PV1 61.c.'"q( 66'1 Qs' What type of Camera did you use during your deployment? A; All I had was few disposable cameras. I'bought a digital camera while I was there, but I didn't use it at DRW, I used it during' the last -two months of deployment. Q: What were your duties while deployed to, Afghanistan? A: I was a rifleman. Q: Did you ever see any.detainees get kicked,.hit, or inhumanely treated while in U.S. Custody? A: While I was at DRW there were times we had to push the detainees back because they were trying to make abreak for it, but I never saw any detainees being mistreated. Q: Can you deperib is depictedAptographs 3/1 through X? A: 3/1 depicts SSG and SGT in .DRW around New Years, 3/2- 3/4 show a ritual we used to do to each other called PVC'ing (person under control) we used to do it for birthday celebrations.- 0: Can you describe what is depicted in . photographs 3/S J 3/6 and .3/77. A: It's another PUC ritual, with SIMMINIMINIPO4-'1666"/ EXHIBIT . IN OF PERSON MAKING STATEMENT 1,03-C PAGE / OF VPAGES li.... ADDITIONAL PAGES MUST CONTAIN THE HEADING 4STATEMENTOF _TAKEN AT DATED _CONTINUED.' THE BOTTOM OP EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON WAKING THE STATEMENT AND BE INITIALED AS "PAGE OF _PAGES.' WHEN ADDITIONAL FACES ARE UTILIZED, THE BACK OP PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WITS. CONCLUDED OS THE REVERSE OF ANOTHER COPY OF THIS FORM. 6 ilia I.; • 1. FOR OFFICIAL ISE BRLT• FXHIRIT eZ9 DODDOACID 006266 FOR OFFICIAL IISE 33 - 0 4 - CID 4 52 - 6 362i LAY ENFORCEMENT' SE STATEMENT OF TAKEN AT CID OFFICE, ,JNY DATED 12 Jul 04 CONTINUED. Can you describe what is depicted in photograph 3/8? A: Some US Soldier putting a 9mm . pistol to a PUC's head? I don' t know who the Soldier is. Q: Can you describe what is depicted in photographs 3/9 and 3/10? A: The same thing is going on, but you can't see the faces. I don't know who they are. Q: Do you know who took the last three photographs that you just looked at? A: No, I didn't even know that that had happened. 0: Can you describe what is depicted in Photographs 3/11 through 3/19? A: They are of the tower that was hit with the RPG. The blood is from the US Soldiers that were injured? Q: Can you describe what is depicted in photographs 3/20 and 3/21? A: That's the guy who . shot at us? Q: }tow did the guy in the photographs die? A: I believe -the SF guys shot him. Q: Did anyone else shoot at him? A: Not that I know of, things were happening very fast at the time. Q: Can you describe what is depicted in photograph 3/22? A: Two US Soldiers and a PUC, one of the Soldiers is holding an M-4 to the PUC's head. It could be two guy's' in our platoon, but I'm not positive because the picture is a little blurry. I , don't want to say any names if I am not sure. Q: Can you describe what is depicted in photograph 3/23? A: That's 111111101111111111111Pholding an M-4 rifle to a PUC's head, the cap is on the end of the M-4. Q: Can you describe what is depicted in photograph 3/24? A: That's pointing an M-4 at a PUC. Q: Can you describe what is depicted in photograph 3/25? A: A US Soldier pushing a PUC to the wall. I don' t know who. it is. Q: Can you describe what is depicted in photograph 3/26? : That' s SGT 1.1.1111*, I don' t - know his first name. He' s pointing a rifle -at a PUC's head. Q: Do you know who might have taken any of the photograph's you have just viewed? A: No. Q: Do you know where the photographs were taken at in Afghanistan? A: DRW. 0: Were there any other personnel in that area with your unit? A: Yes, there were Engineers, Medics, Special Forces, Cooks, 66-14 FO OFFICIAL. USE OK1Y EXHIBIT unit numbers. 1111,61-c.-0 R and Civil Affairs personnel, but. I don't recall any specific U ti I , 4, ENFORCWIT SENSITIVE . .1047.4-e. 4,F LI DODDOACID 006267 rF rI rcrIEAKL.T USE s e O 4 —CI D 452 6 q6?( LAFVOREN OFVF STATEMENT OF TAKEN AT CID OFFICE, 716NY DATED 12 Jul 0.1 CONTINUED. Q: Were any SOP's in place about handling. of detainee's by your unit or the command? • A: I never saw a written SOP, basically we were told to make sure to pick them up to go to the bathroom, make sure they had water, allow them to pray.and they ate. Q: How long were detainees kept at your location? A: I really'don't know, that was up to the Special Forces personnel. All we did was guard them. . Q: How would you describe. the living conditions at the detainee fathility at your location? A: It was OK, cold at times but the Civil Affairs people made sure they had blanketd and anything else they needed. Q: Did you participate in any detainee abuse? A: No. Q: What were the Rules of Engagement (ROE) during your mission? A: The ROE's changed constantly depending on the mission. 0; Were you updated periodically on the changing ROE's? A: Yes. • _ Q: What was the grid location of your Camp in Afghanistan? A: I don't remember. Q: Did the unit initiate a 15-6 investigation documenting.all Soldiers deaths or attacks on units bases, convoys etc? A: I don't even know what a 15-6 is. Q: Do you remember what Special Forces Representatives were with you? . A: Q: What specific guidance did the Special Forces Representatives provide concerning detainees? A: They said don't rough them up, make sure they have water and food. Q: Do you have anything else to add to this statement? A:' NO. ///END OF STATEMENT///m ki.4.L, 666 ...ti -n P OFFICIAL OSE ONLY - C - rfrIT SENSITIVE 104641 1E4-14 C. 93' EXHIB) p 2 ri DODDOACID 006268 ORGANIZATION OR ADDRESS 33- 04 -CID452 - 6362 FOR OFFICIAL USOlit. WC .41 LAM rDOCHETRT • SE JIVE klat6a4 , ,— AFFIDAVIT HAVER OR HAVE HAD READ. TO ME THIS STATEMENT WHICH BEGINS ON PAGEI AND ENDS ON PAGE I FULLY UNDERSTAND THE CONTENTS or THE ENTIRE STATEMENT MADE BY ME. TEE STATEME IS TRUE. I HAVE INITIALED ALL CORR ECTIONS 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- OR PUNISHMENT; AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL IND tyo-t( SUBSCRIBED AND SNORE MORE ME, A PERSON BY LA TO ADMINISTER OATROd THIS 12 DAY 07 Jul, ;dee AT igi90.14.11 0;4— Uri ,er th) BA iff4C 1 ,1964 (Name of Person Administering Oath) ORGANIZATION OR AODREES Art. 136 (b)(4), ucma (Authority to Administer 74)ly fi INITIALS OF PERSON MAKING STATEMENT "14 1PAGES OF Li PAGES DA FORM 2823 (AUTOMATED) . Fad OPAL USE SO EXHIBIT 020 WITNESSES: PA FORM 2823 OTATEMMNY 07 TAKEN AT =17 office DATED 12 Jul 04 CONTINUEDI DODDOACID 006269 SWORN STATEMENT nir nee of th_te fora, Bee AR 90 - 45: The proponent oy of the De DATE =KM 1 04 SOCIAL SECURITY NUMBER reff....1 LOCATION CID Office, Tort Dium,NT 13502 /cgAO f Staff for Personnel. FILM NUMBER 0122-04-CID452 GRADE/STATUE PFC/RA FOR OFFICIAL USE ORLY 0131)- 04 - CID 452 - 83629 LAV flIFOOCEIMI . FEoS/ . Ivg: ORGANIZATION OR ADDRESS I Campeny, 2/2e IMP EN, 10 (LI), Tort Drum; NT 13602 . want to make the following Statement under oaths I got to Afghanistan in AUG 2003, I was with B CO. 2/22 INF BN, I was in Kandahar. I was a rifleman, assigned to Operation Mount VIPER in the southern part, of Afghanistan, I believe. I don't recall the time frame that I was on this operation. I went back to Kandahar and then went'to Bagram, I belieVe in the,September-November time frame. I was in-Bagram for about a month and a half. I. then went to DRW (Darahwod) from. DEC 03 to January 04. I went back to Kandahar for ,a couple of months and then to Qalat (spelling unknOwn). At the end of April. z. went back to Kandahar to come back to Ft. Drum, NY. , While was in DRW, three of my friends were wounded during an RPG attack upon Tower 1. I was a witness to the RPG attack, and immediately ran to my fighting position on the right side of the main gate. I saw the tracer rounds from the enemy's fighting position, but I did not shoot back because I didn't have a clear shot at the enemy. I heard him scream something, but couldn't understand the language: . Then.I saw the soldiers on my left fire at him, because he was rushing the gate: The enemy was shot and killed. I heard that it was the Special Forces in the area that shot and killed the enemy but I didn't actually witness who exactly shot the enemy,' I believe the attack happened between 0130 and 0230 on January 17, 2004: Q: SA' UMMIIII 67-#112." A: PFC aminsw-Lituo -q Q: What type of camera did you use during your deployment? A: I had about 8 or 9 disposable camera's and a . mini video recorder while I was in Afghanistan. Q: What were your duties while deployed to Afghanistan? A: I was a rifleman, and would search villages to make sure the Taliban were not around. Q: Did you ever see any detainees get kicked, hit, or inhumanely treated while in U.S. Custody? A: No. . Q: Can you describe what is depicted in photographs 3/1 through X? A: In photograph 3/1 SSG and SFC are in a barracks room in DRW around Christmastime, i believe. Photographs 3/2-3/4.are of a unit ritual we had called PUC'ing. No-one was eve f endeta . the ritual, it was just a way to celebrate birthday's (.1 G 9.5 F PERSON miarsa STATEMENT' iiiiirlOcf*C.'q 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 9hoz9..' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE OF ANOTHER UTIDLIZ,E T HIS FORM. . XHIBITeru FOR OFFICIAL OSE ONLY PAGE / OF % • PAGEESS DODDOACID 006270 .9/33i 04 -.CID452 - 63629 11) FOR OFFMAL UE ONLY ip LAW. ENFORCFFEWT rEVSITIvr STATEMENT OF MEN AT CID OFFICE, FDNY DATED 13 Jul 04 CONTINUED. Q: Can you describe what is depicted in photographs 3/5, 3/6 and 317? A: Just another PUC'ing incident for PFCIIIIMilklirtliday. I remember we didn't have any flexicuffs at the time, so we used duct tape - 4 6 16(0-(4 Q: Can you describe what is depicted in photograph 3/8? A: A US Soldier pointing a weapon at the head of a detainee, I don't know who the Soldier is. Q: Can you describe what is depicted in photographs 3/9 and 3/10? A: The same thing, two different US Soldiers pointing a weapon at the detainees head. I don't know who either Soldier is. Q: Do you know who took the last three photographs that you just looked at? A: No, Ido not. Q: Can you describe what is depicted in Photographs 3/11 through 3/19? A: They are of the tower that was hit with the RPG. The blood is from the US Soldiers that were injured? Q: Can you describe what is depicted in photographs 3/20 and 3/21? A: That's the guywho attacked us? Q: How did the guy in the photographs die? A: He was shot while rushing the gate. Q: Other than the Special Forces personnel in that area did anyone else shoot at him? A: Not that I know of. Q: Can you describe what is depicted in photograph 3/22? A: SPCIIMOR is standing there and SPCINIMillts pointing a weapon at a PUC's head. G74-511-5 Q: Can you describe what is depicted in photograph 3/23? A: That's 11111111.11111 pointing an M-4 rifle to the back of a PUC's head. Q: Can you describe what is depicted in photograph 3/24? te,6• -• A: That's using with a PUC, for a picture. Q: Can you describe what is depicted in photograph 3/25? A: That's SGTOIIMparzutgpg his hand on top of a PUC's head while he is standing against a wall. 1°44" Q: Can you describe what is depicted in photograph 3/26? A: That's SOT UMW He's pointing a rifle at a PUC's head. Q: Do you know who might have taken any of the photograph's you have just viewed.? A: No. Q: Do you know where the photographs were taken at in Afghanistan? A: DRW. Q: Were there any other personnel in that area with your unit? A: Yes, there were 173 rd Airborne with the Civil Affairs Team, Special Forces, it mi have been 3rd Special Forces Group, 10th Mountain cooks. That's all I can recall. 107c,Ait V rkt '2 96 FOR OFFICIAL USE ONLY LAW ElIFORCF FYI SEWSITIVF b1C -LIC 06.41 'EXHIBIT 02-1 par- 9'aPI 1 DODDOAC1D 006271 • FQR OFFICIAL USE ONLY LAW ElIFORCEVEYT rEFffri" - 0 133- 04 - CID 452 - 63629 D 1 40 4200-ri STATEMENT OFI ialIlcldill(°i"l lMPTAKEN AT CID OFFICE, FDNY DATE CONTINUED. • . Q: Were any SOP's in place about handling of detainee's by your unit or the command? A: I never saw a written SOP, but we were advised by the Special Forces not to show our face or name tag, don't talk to them, don't let theth talk to each other, let them go to the bathroom, give them water when needed, don't let them sleep until Special Forces came and said they could, they were allowed to pray. Special Forces Wok care of feeding them. Q: How long were detainees kept at your location? A: No morethan two days at a time. Q: How would you describe the living conditions at the detainee facility at your locati on? • A: It was the same as we had but they didn't have cots. They had heaters before we did. They had mats and blankets. Q: Did you participate in any detainee abuse? A: No. Q: What were the Rules of Engagement (ROE) during your mission? A: The ROE was if we were fired upon we were to fire back. Q: Were you updated periodically on the changing ROE' s? A: Yes. Q: What was the grid location of your Camp in Afghanistan? A: I don't remember. Q: Did the unit initiate a 15-6 investigation documenting all Soldiers deaths or attacks on units bases, convoys etc? A: I don't even know what a 15-6 is. Q: Do you have anything else to adla&istatement? A: No.///END OF STATEMENT// .61t-.14‘gp" q FOR OFFICIAL USE ONLY LAIC ENFORCEMENT 5E11511. 1Yr far to/CAek,(2.4 ou„::97 EXHIBIT-1/ Pie DODDOACID 006272 PAGES /7 OW 6/ PAGES • 0133 04 - C1D452 -63629 FOR OFFICIAL USE ONLY 410 161 .11i4b..6..q LAW Cl/FRUMPY FEVSIrrv - DA FORM 2823 TAKEN AT. CID oifins DATED 4 COSTTFORD0 STATEMETT or .l 6G-1 AFFIDAVIT X, HAVE ' // OR HAVE HAD RIAD TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1 •: • PAGE 9WIII TULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY NE. THE STATEMENT IS TEM 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 OR PUNISEMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. 11 06 aq O STATEMENT 9URS6RIRED AND SWORN nErnits ma, A PERSON DT l r TO ADMINISi11, THIS 13 DAT OF 1u1, AM IZ 2. . 1- ORGANIZATION OR ADDRESS skim." beg,. (Hama of Person Administering Oath} Art. 136 (b1 (41, ucio WITNESSES1 ORGANIZATION OR ADDRESS kW 44 INITIALS OF PERSON MAKING STATEMENT DA FORM 2823 (ADTONATES) FOR OFFICIAL USE ONLY LAW FINIRMUM7 crutrirvr EXHIBIT* (Authority to Administer Oath} as DODDOAC1D 006273 ,Ag sT 17, Mt • di FOR OFFICIa USE 0111.1 °143/8- "-CID 452 VOICEMEN• SENSITIVE 88629 LOCATION CID Office, Fort DrUm,NT 11602 SWORN STATEMENT • FILE NUMBER 0191-04-CID4 S2 For nee of this form, nee AR 190-45: The proponent * en of the Deputy'Chief of Staff for Personnel. DATE 140F4 7171141r1d1-I r ISECURITY NUMBER l GRADS/STATUS X-4/RA • 'ORGANIZATION OR ADDRESS LB' Company, 2/22!6 INF SN, jek MTN DIV (LI), FortDrun, NY 13602 want to make the following statement under oath:. I got to Afghanistan in AUG 2001, I was with B CO. 2/22 INF. BN, I was in Kandahar. I was a rifleman; in a line squad. I went from Kandahar to Bagram, i believe, in the October-November timeframe. I was in Bagram for about two months. I then went back to Kandahar before going -to DRW (Darahwod) from early Dec 03 to early Feb 04. .I went back to Kandahar for a little . under a month and then to Qalat (spelling unknown) for about,5 weeks.. My job changed in Feb 04 from rifleman to RTO (Radio Telephone Operator). In April I went back to Kandahar toget ready to'come back to Ft. Drum, NY. While I was in DRW, three of our guys were wounded during an RPG attack on Tower 1. I was.not a witness to the RPG attack, I was on the shift just prior to that. I was in bed and heard an explosion and immediately ran outside. Tower 1 was on fire and there was blood everywhere. I ran to the frOnt, which was next to the main gate, to give the "203" rounds to the scouts positioned there, because they needed the ammunition. They were being fired upon by the guy who fired the RPG onto Tower 1. I remember the firing stopped and all of a sudden the'enemy started charging the line and I heard him scream something. The enemy was shot and killed. I do not know who shot and killed the enethy. The attack happened in the very early hours around January 18, 2004. Q : • SA 1111111.64-1 t"- A : SPC 0214)-t4 Q: What type of camera did you use during your deployment? A:.I had several of the disposable one-time use cameras. Q: What were your duties while deployed to Afghanistan? A: I was'a rifleman and an RTO. I was a "203° gunner for about a week. Q: Did you:ever see any _detainees get kicked, hit, or inhumanely treated while in U.S. Custody? A: NO. Q: Can you describe what s14 1e'6p1i64c7 ted in photographs 3/1 through X? A: In photograph 3/1 SSG and SFC IMOMMIPare in a building in DRW around New Year's, i believe. Photographs 3/2-3/4 are of a unit ritual we had called PUC'ing. No-one was ever offended by the ritual, it was just.a playful thing we did for birthday's. oc-L{ i(IG -41 EXHIBIT ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TARES AT DATED CONTINUED.' THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND HE INITIALED AS "PAGE OF * PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE SACK OP PAGE 1 WILL BE LINED OUT, AND THE STATEMENT,11a BE CONCLUDED ON THE REVERSE OF ANOTHER COPY OF THIS FORM. 6(j u ,.., : tj.: DA FORM 2523 (AUTOmATED Z.. 11E' ) . -. X r B li i ... . FOR OFFICIAL USE ONLY r . , .. Forint PCSICUT UNRI Tin INITIALS OF PERSON NG STATEKEtTE 1;1,C-11/.14-11 I PAGE I OE LI PAGES • DODDOACID 006274 ulail:. 0 4 ":1 J3452 - 63629 It IFFICIAi. USE 111Li 'IP , . " EIFORCENENT SENSITIVE - iefc-clir tdic4-Itg2-41 " • STATEMENT OFIPM0011.111rAKEN AT CID OFFICE, FDNY DATED 14 Jul 04 • CONTINUED. • Q: Can you describe what is depicted in photographs 3/5, 3/6 and 3/7? i I A: It's another PUC'ing incident, with PFCIllailiannt Col- -%4042" Q: Can you describe what is depicted in photograph 3/8? A: It looks like a US Soldier pointing a 9mm at the head of a detainee, I don't krioW who the Soldier is, it could possibly be SSG it looks like him, but I'm not 100% sure. (94c -6' • Q: Can you describe what is depicted in photographs 3/9 and 3/10? A; It looks like pretty much the same situation, US Soldiers pointing a weapon at the detainees head. I don't know who either Soldier is. Q: Do you know who took the last three photographs that you just looked at? A: No idea. Q: Can you describe what is depicted in Photographs 3111 through 3/19? A: They are of the tower that was hit with the RPG. The blood is from the US Soldiers that were injured? Q: Can you describe what is depicted in photographs 3/20 and 3/21? A: That definitely looks like the guy who attacked us? Q: How did the guy in the photographs die? A: He was shot. Q: Do you have any idea who shot the• enemy who attacked? A: No, I have no idea. He was already dead when I saw him. Q: Can you describe what is depicted hi photograph 3/22? Eilc-5 i ‘:6,-.5--' A: SPC his standing there and SPC "s pulling security in the corner. These could have been someone else in that area moving a prisoner around and typically, when you are moving one prisoner around, another guard is standing at the ready in case any of the prisoners try to get away, or try anything. This was a security measure for our 10-4.c.-6" own safety. • . bk.-5 Q: Can you describe what is depicted in photograph 3/23? tA: That one looks like IMMIMPis holding a weapon to the PUC's head. Q: Can you describe what is depicted in photograph 3/24? A: That just looks like Waillalines standing next to one of the prisoners. Q: Can you describe what is depicted in photograph 3/25? A: That's SGT holding one of the prisoners heads against a wall_ Q: Can you describe what is depicted in photograph 3/26? A: That's SGT WINN He's definitely pointing a weapon at a detainee, Q: Do you know who might have taken any of the photograph's you have just viewed? A: No. Q: Do you know where the photographs were taken at in Afghanistan? A: DRW. Q: Were there any other personnel in that area with your unit? FOR OFFICIAL USE 910 EiffIRCE14EKT SERS IT 'YE 1111 61-c Ai I (24 -44 EXoHviIoB.0IT0 2-2- Petr-.0.' .4v DPIDDOACID 006275 &C.'14 A: Yes, there was a Special Forces group, but I don't recall which unit 0 133 04 - r1rt462 - 63629 •,00 arrIcIAL.IISE . ariir • 411 "Y. tlifettouNT SENSITIVE 1,09- STATEMENT OF AICEN AT C11) OFFICE, FDNY DATED 14 Jul4 CONTINUED. • Q: Were any SOP'S in place about handling of detainee's by your unit or the command? A: I'm not aware of a written SOP, certain soldiers were given flexicuffs and instructed on how to use them. I never personally took a prisoner. In the PUC area, you were not supposed to be by yourself, music could be played, we were given instructions as to when the detainees could sleep. I don't know where the specific instructions came from, they were passed on from shift to shift. Q: How long were detainees kept at your location? A: I don't really know, some were there for three days, maybe anywhere from a couple of days to a week. This was only a temporary holding place for the prisoners. Q: How would you describe the living conditions at the detainee facility at your location?" A: Good, I would. say. They had everything they needed. Q: Did you participate in any detainee abuse? A: No and I don't know of any either. Q: What were the Rules of Engagement (ROE) during your mission? A: The ROE was if we were fired upon we were to fire back. Q: Were you updated periodically on the changing ROE' s? . A: I don't remember the ROE's ever really changing. Q: What was the grid location of your Camp in Afghanistan? A: I don't remember. Q: Did the unit initiatea15-6investigation documenting all Soldiers deaths or attacks on units bases, convoys etc? _ . A: 1 don't even know what a 15-6 is. Q: Do you have anything else to add to this statement? A: No.///END OF gTATEMENtffiri0l 1^(-- .4(06-4 FOR OFFICIAL USE ONLY LAW ENFORCENENT SENSITIVE liik441 01 Par DODDOACID 006276 erpon niater ng Oath) (S GMA TEMENT SUBSCRIBED AND SWORN BEFORE NE, A PERSON BY LAW TO ADMINISTER OATHS, THIS 14 DAY OF Jul. 141--- AT °VOW, k&( • WITNESSESt ORGANIZATION OR ADDRESS 111.1.11111111. b1C -1 eCP`I (Enna of Person Administering Oath) Art. 136 (3)(41, DoNa (Authority to Administer oath) LOCP11 t 66C, 1 PAGES OF PAGES ORGANIZATION OR ADDRKSS INITIALS OF PERSON MAKING STATEMENT uw4,.102 a FOR OFFICIAL USE ONLY 111F r ENFORCEMENT SENSITIVE — A I air 2 la 1 LP to (11,44 STATEMENT Or TAKEN AT CID office DATED 14 Jul • CONTINUIDt AFFIDAVIT I , HAVE READ OR HAVE HAD READ. TO NE THIS STATEMENT . WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE 4/ . X 1741 UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STATEMENT IS TRUE. X HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I gA VE mum THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISEMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. .16, - 4( te:16- 41( DA FORM 2823 (AUTOMATED) FOR OFFICIAL USE 131113 ENFORCEMENT SENSITIVE DODDOACID 006277 FOR OFFICIAL USE 011L4133- 04 -CI D 452 - 63 6 V. LAW ENFORCEMENT SENSIT SWORN STATEKENT For Use of this form, see AR 190-481 The proponent agency of the Deputy Chief of Staff for perionael. LOCATION T2161 ilimp CID Office, Fart I DruM,NY 13602 DATE gip JUL 04 FILE sit, 0133-04-CTD482 LAST NAME FIRST NAME, MI 'SOCIAL escuRrTy NUMBER 1110.11. 1274"( kfeq GRADE/STATUS E-4/RA ORGANIZATION OR ADDRESS 33 Company, 2/22" IN7 EL 10th WIN DIV (LI) , Fort " I, SIMIIIMIMMIRIM1094 44096"1 • want to make the following statement under oath. 1 916t to Afghanis an in AUG 20031 I was with B CO. 2/22 INF EN, I was in Kandahar. I started out as an assistant 240 Bravo gunner, I'm not sure about the time frame but we went to Eagram for about - a month. After Bagram we came back to Kandahar for a little while. 1 then went to DRW (Darahwod), to the Fire Base in DEC 03, I believe. I got wounded there on January 18, 2004, and that's when I left. I was wounded when an RPG (Rocket Propelled Grenade) hit the Tower that I was in. It was Tower 1. Q: SA NOM °4-Iii°44 . A: SPCIMMitol-C•qtaiG-t{ Q: What typd of camera did you use during your deployment? A: When I took pictures I used a disposable camera. Q: What were your duties while deployed to Afghanistan? A: I was an assistant gunner. 0: Did you ever see any detainees get kicked, hit, or inhumanely treated while in U.S Custody? A:: No. ralC41°6-5 04., Can you describe what 's depicted in photographs 3/1 through 3/4? A: In photograph 3/1 SSG and sEiciliWillaare in a barracks room in DRW around,Christmastime: Photographs 3/2-3/4 are of a unit ritual we had called PUC'ing• We did this for everyone's birthday. No-one was ever offended by the ritual, it was just a way to bond with each other, it was all in fun. . Q: Can you describe what is depicted in photographs 3/5, 3/6 and 3/7? A: This is the same thing. Another PUC'ing incident for the guys birthday. Q: Can you describe what is depicted in photograph 3/8? • . A: 1 never saw this one before, but it looks like a US Soldier with a 9mm trained on the head of a detainee, I don't know who the Soldier is. Q: Can you describe what is depicted in photographs 3/9 and 3/10? A: Looks like the same stuff, I don't know who these guys are either. IQ: Do you know who took the last three photographs that you just looked (16,'g u64 103 EXHIBIT I INITIALS OF PERSON MAKING STATEMENT . 1111P 1 PAGE 08 3 PAGES ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED CONTINUED ', " THE BOTTOM OF EAdi ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT AND BE INITIALED AB '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 OF ANOTHER COPY OF THIS FORM, • DA FORM 2823 LAUTOMATED) FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE DruM, er 13602 at? ig. -14 A: I have no idea. 6C•6f DODDOACID 006278 FOR OFFICIAL US ONLY 4133- 04 -CID 452 - 6362 E LAW ENFORCEMENT SniiiTIVE L0716"f k*-41 • STATEMENT O1F.1 l1'11."(1W.171 11.1'AICEN AT CID OFFICE, FDNY DATED 15 Jul 04 CONTINUED. • Q: Can you describe what is depicted in Photographs 3111 through 3/19? A: That's the tower I was in when the RPG hit. The blood is from myself and the two other US Soldiers that were injured? Q: Can you describe what is depicted in photographs 3/20 and 3121? A: That looks like the guy who shot the rocket at us. Q: How (rid the guy in the photographs die? A: He was killed when he stormed the gate. Q: Do you know who shot and killed the goy? A: No. Q: Can you describe what is depicted in photograph 3/22? A: That looks like ll01111110 andii.1.11,111.111/Phas his M-4 trained on a prisoner. Q: Can you describe what is depicted in photograph 3/23? Lac-5. A: That looks like 101111111Mdoing the same thing as in the last picture. Q: Can you describe what is depicted in photograph 3/24? A: That's 111.111.1.guardinga prisoner. . Q: Can you describe what is depicted in photograph 3/25? A: That's a US Soldier holding a prisoner against the wall. It's tough to say who it is. Q: Can you describe what is depicted in photograph 3/26? A: That's SGT 011111111. with his M-4 trained on a prisoner. Q: Do you know whdmight have taken any of the photograph's you have just viewed? A: No. Q: Do you know where the photographs were taken at in Afghanistan? DRW. Q: Were there any other personnel in that area with your unit? A: Yes, there was a Special Forces Group out there. I don't remember which one. Q: Were any SOP's in place about handling of detainee's by your unit or the command? A: I 'm sure I saw something, but I just don't remember. Wevvere advised not to let them talk to each other, keep them separated. Q: How long were detainees kept at your location? A I think it varied, but usually no more than a couple of days. Q: How would you describe the living conditions at the detainee facility at your location? A: It was warm, they had mattresses and blankets for sleeping. I would say they had it well enough. Q: Did you participate in any detainee abuse? A: No. Q: What were the Rules of Engagement (ROE) during your mission? A: The ROE was if we were fired upon we were to return fire. Q: Were you updated periodically on the changing ROE's? A: Yes. Q: What was the grid location of your Camp in Afghanistan? A: I don't remember. up blcAl . U 41 AOR OFFICIAL USE ONLY LAW ENFIlittEMEKT SEIISITIVE r DODDOACID 006279 • FUR uF F ICIAL USE UNLT 0/33- 04 -r1 n452 - 6301?, '41101 'LAW EVORCEMENI SENSIT11101, 4/6frtif G STATEMENT OF TAKEN AT CID office DATED 15 Jul 04 CONTINUED: Q: Did the unit initiate a 15-6 investigation documenting all Soldiers deaths or attacks on units bases, convoys etc? A: I don't even know what a 15-6 is. Q: Do you have anything else to add to this statement? A: No.///END OF STATEMENT///111,14c_q 1(0 4/ AFFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BE INS ON PAGE 1 AND ENDS. ON PAGE e . I FULLY UNDERSTAND THE CONTENTS OF THS ENTIRE STATEMENT MADE BY . ME. THE STATEMENT IS TRUE. x HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED TEE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT- I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE or BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUC 0 , b&-If NO STATEMENT) WITNESSES; SUBSCRIBED AND SWORN BEFORE NE, A PERSON BY LAW TO AT ADMINISTER OA // TES, THIS 15 DAY OF Jul. A5' up • rad ORGANIZATION OR ADDRESS (Signature t Person 'storing Oath) SA PINIIMNIMP LI9C41 bb"-/ (Name of Pereon Administering Oath) ORGANIZATION DR ADDRESS. Art. 136 (b)(4), OCNJ (Authority to Administer Oath) uCr4 .,;105 INITIALS OF PERSON NAZI= STATEMENT DA FORM 2823 (AUTOMATED) PAGES OF PAGES Fell OFFICIAL USE BIM LAW ENWICENENT SENSITIVE' 1: • • .4-/, • DODDOACID 006280 DA FORM 2823 (AUTOMATED) FOR OFFICIAt OSE 'ONLY LAW ENFORCEMENT SENS1ITIYE FOR OFFICIAL 1St ONLY 111111Alt ENFORCEMENT SEMSITIYE 04 -C1D452 - 63629 LAST NAME, FIRST NAM, 41.1.1.1.1. 1° MI 'Cit‘°" CID . Office,. Fort Drum,NT 13602 SWORN !mamma FUr use of this form, pad AR 190-45s The Proponent.' agency of the Deputy Chief of Staff for Personnel. FILE NUMBER • 0133-04-CID462- 4,0.19 TIME t #01 SOCIAL SECURITY NUMBER 111111.111M ORGANIZATION DAT, oft.A.osisTATus 1-4/10A OR ADDRESS p Company, 3/22" INF EN, 110!' MTH DIV (LI), FOrt Drmm, NT 13602 T, I_N_,E__M IIMINIIMPINIV.15 -L X 1oc o- q want to make the following statement under oaths I arrived in Afghanistan in AUG 2003, I was with B CO, 2/22 INF BN, I was based in Kandahar..My job was a Saw Gunner. I'm not sure about the time frame', but we went to Bagram and then to DRW (Darahwod), to the Fire Base in DEC 03. . While we were in DRW we were attacked, An RPG was fired at the tower, I'believe three Soldiers, from my unit, were injured during' the attack. I believe the attack occurred around the 16 th of January 204. was sleeping at the time of the attack, and when I came outside, I Us aw the tower in flames. I went to my fighting position, which was on the right side of the main gate. I didn't see the enemy who attacked us until he was already dead. I don't know who killed him. There were Special Forces guys there along with my unit. G: ' SA OW 109•G14 tidal A: SPC .110101.1036-1/.1 66-(/ 0: What type of camera did you use during your deployment? A: I had a disposable camera. Q: What were your duties while deployed to Afghanistan? A.: I was a saw gunner. Q: Did you ever see any detainees get kicked, hit, or inhumanely treated while in. U.S. Custody?. • • A: No. (01.‘,.5-10C:.-5-.- Q: Can you describe what is, depicted in photographs 3/1 through 3/4? A: In photograph 3/1 SSG and SFC are in one of the little huts we had, .it's probably around December. photographs 3/2-3/4 are of a unit ritual we had called PUC'ing. We did this for everyone's'birthday. NO-one was ever offended by the ritual. . • . Q: Can you describe what is depicted in photographs 3/5, 3/6 and 3/7? A: This is the same thing. Just another PUC'ing incident. Q: Can you describe what is depicted in photograph 3/8? • A:. It looks like a US Soldier with a weapon pointed at a detainee, I'm not sure who the Soldier is. He's probably pulling security. Q: What was the weapon's status for the guards in the PUC cage? A: M-4's and M-9's were used. There were rounds in the magazines, but not in the chamber.1111110C'qjc "( EXHIBIT I INITIALS Or PERSON KAM* STATZEENT 11111114c-ifpifiv—y 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 STTEMEN BE T LAINNEDD BE INITIALED AND THE AS "PAG STATEMENT WILL BE E OF PAGES.' WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 W A ILL OUT, CONCLUDED ON THE REVERSE OF ANOTHER COPY OF THIS FORM. I PAGE r 07 3 PAGES DODDOACID 006281 im FOR OFFICIAL USE ORLY (4141, - 04 -CI D 452" eif329 LAW ENFORCEMENT SENSITIVE j)ti STATEMENT OF AKEN AT CID OFFICE, FDNY DATED 16 Jul 04 AMP CONTINUED. Can you describe what is depicted in photographs 3/9 and 3/10? A: It looks like Soldiers p- ulling security. One form of security was to point the weapon /Alto the side of the detainee. Q: Do you know who took the last three photographs that you just looked at? A: No, I wouldn't know. Q: Can you describe what is depicted in Photographs 3/11 through 3/19? A: That's the tower that was hit with the RPG. The blood is from the three US Soldiers that were injured? Q: Can you describe what is depicted in photographs 3/20 and 3/21? A: That's the• who shot the RPG at the tower. Q: How did the. guy in the photographs die?. A: He was shot and killed. Q: Do you know who shot and killed the guy? A: No. Q: Can you describe what is depicted in photograph 3/22? A: The Soldier standing, without the weapon looks like, the soldier with the weapon, looks like/1MM - Q: Can you describe what is depicted in photograph 3/23? 63-c•S" A: That's 111111111111111.pulling security. Q: Can you describe what is depicted in photograph 3124? A: That's 1.1111111111Ppul&g security. Q: Can you describe what is depicted in photograph 3/25? A: I don't know who that is. • Q: Can yon describe what is depicted in photograph 3126? A: That's SGT IMP I guess, pulling security. Q: Do you know who might have taken any of the photograph's you have just viewed? A: No, I couldn't tell you. Q: Do you know where the photographs were taken at in Afghanistan? A: Yes, that's DRW. Q: Were there any other personnel in that area with your unit? A: Yes, there was Special Forces out there. I don't remember which one. Q: Were any SOP's in place about handling of detainee's by your uni • or the command? A: I never saw a written SOP, but we would receive training prior to pulling security on the detainees. We were advised not to lock and load, because their hands were tied up. Q: How long were detainees kept at your location? A: I don't know. I couldn't even give you an estimate. Q: How would you describe the living conditions at the detainee facility at your location? A: Like a prison, they had everything they needed, such as food and water and they were able to go to the latrine when they needed. Q: Did you participate in any detainee abuse? 0 t, .01 (J7 A: No. Q: What were the Rules of Engagement (ROE) during your n? 87c-1-( c k:6-cf • A: The ROE was if we were fired upon we were to return fire. ivikki‘ P E SEISITAVIE FOR II AL USE' Mr Page G2 3 DODDOACID 006282 • Aim FOR OFFICIAL iSSE. 1111i lie- 04-C1D452-63629 IPIIR A ii urs 1 Mai SENSITIVE Cai•LoC leWl IN DED' 1 STATE:MA= OF TAKEN AT MD Ohio. DATED 16 Jul 04 Q: Were you updated periodically on the changing ROE's? A: Yes, they kept us updated. Q: What was the grid location of your Camp in Afghanistan? A: I don't remember. Q: Did the unit initiate a 15-6 investigation documenting all soldiers deaths or attacks, on units bases, convoys etc? A: I don't even know what a 15-6 is. Q: Do you have anything else to add to this statement? A: No. ///END OF STATEMENT///1111111/4c.044/ AFFIDAVIT HAVE READ OR HAVE ITAn READ TO U THIS STATEMENT WHICH BEGINS ON PAGE AND ENDS ON PAGE ; . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE 5Y ME. TAB STATEMENT . IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. r HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. SUBSCRIBED AND SWORE BEFORE HE A PERSON BY LAW TO ADMINIST1/11111r, THIS 2.8 DAY OF Jul, AT /0135 sir ORGANIZATION 01 ADDRESS rf Oath) W11111111111/q14Cirt6G-1 (Name, of Person Administering Oath) ORGANIZATION DR ADDRESS . Art. 136 (b)(4), UCMJ G-7-c-tfib&-( (Authority to Administer Oatht Af12,i08 01111, .INITIALS OF PERSON MAKING STATEMEM PAGES .3 OF .3 PAGES DA FORM 2823 (AUTOMATED) , FOR OFFICIAL USE ONLY TAW ENFORCENEWT SENSITIVE EXHIRITM WITNESSES: DODDOACID 006283 40 FOR OFFICIAL USE ONLY Law Enforcement Sensitive • DETAILS About 0945, 12 Jul 04, SAS interviewed PFC Afghanistan on or about 02 Aug 03. During his rotation to Afghanistan, he participated in Mountain Resolve and Mountain Viper on and off from Aug — Dec 03 and was based out of Kandahar, Afghanistan. PFC 11.2111.01Pstated his platoon went to fire base (FB) Tycze on or about 05 Dec 03 and he was left behind to attend the E-5 board. However, on 10 Dec 03, PFC at Kandahar anti approximately 18 Jan 04, when a local national attacked ycze. FC 1111111.11n the FB 11P was sent to the FB to replace some of the injured soldiers. PFC 111111=11111•111istated his duties at included guarding persons under control (PUC), tower guard, and patrolling details. PFC • stated during the approximate two or three weeks he was at the FB, the SF group rotated over and they were very strict on the guards. One of the SF NCOs, SFC FI), ensured the guards knew the standard operating procedure (which was the PUCs were not allowed to turn around, not allowed to talk to one another, only one PUC was allowed to eat a time, only one restroom for PUC use only, and the PUC stated the s were allowed to • pray and drink water) whenever there was a guard shift change. PFC ...11111.11. PUCs good conditions and the unit was issued rules of engagement (ROE) cards. PFC was shown the photographs and related the following: P-8 depicted SSG116.1111Pholding a pistol to the back of a bound detainee's head. • Unable to identify soldiers in P-9 and P-10 P-22 depicted SGTININMosing next to SPCINMeholding a rifle to the back of a bound detainee's head. In P-23 and P-24, SPC was holding a rifle to a bound detainee. • Unable to identify soldier in. P-25 P-26 depicted SGT low holding a rifle to head of a bound detainee. PFC elliall111111kta id6-3 ted after his tour of duty at the FB, his unit returned to Kandahar and was later sent to Qualot for duties. At the conclusion of those duties, the platoon returned to Kandahar to redeploy to FDNY. kt -1, kL, -I' . tf/_-c -,( 6G• t 0_7c-3 kip,3 Between 1100 and 1130, 12 Jul 04, SA ancl SAII•111.1, searched PFC IIIIIMIINIMMRP, • residence, vehicle, and computer, pursuant to his written consent. The search did not identify anything of evidentiary value. (See consent to search) w ail, lo 3 &6'3 ,1-11-1S, 316th Field At 1500, 14 Jul 0 4, SA interviewed SGT Artillery Bn, 10th MTN DW, FDNY, who stated he was deployed in support of B Co, 2/22. d Inf Bn'as a afire direction support NCO and arrived in Afghanistan on or about 01 Aug 03. SGT UMW/treated duties included occasional tower guard, mounted and disniounted patrols, and duties as fire directional NCO. SGT giniMIIIIIIPrelated while he was at FB Tycze, he was unaware of any detainee abuse and was surprised i TYPED AGENTS NAME AND SE UENCE NUMBER ORGANIZATION - 1014-3i 10b- -.3 ------- -----1 .--_— ( a 62nd Military Police Detachment (CID) SA Fort Drum, NY 13602 DATE . - 16 Jul 04 CID FORM 94 FOR OFFICIAL USE ONLY 1 FEB 77 Law Enforcement Sensitive AGENTS INVESTIGATIVE REPORT ROI NUMBER 0133-04-CI D452-63629 CID Regulation 195-1 Page 1 of 5- who stated he arrived in I EXHIBIT DODDOACID 006284 FOR OFFICIAL USE ONLY . . Law E nforaement Sensitive AGENT'S- INVESTIGATIVE REPORT I ROINUMBER 0133-04-GID452-63629 CID Regulation 195-1 Page 2 of 5 to EsTeAeIL Sp ictures depicting platoon members engaging in such conduct. SGT stated he would only °b birthday. into the PUC area when it was someone's birthday and the platoon would all celebrate the individual's ente bri rthday. SGT 11/10MIPcould not recall the designation of the SF group, or any of the member's names. TOMMiMMOwas shown the photographs and identified the following: • Unable to identify any of the soldiers in P-8, P-9 and P-40 • Stated the dead local national appeared to be the individual who attacked the base camp • Unable to identify any of the soldiers in P-22 r• Identified SPC IIIIIIMPas the individual holding the rifle l ob • Identified SPC gimiris the individual holding the rifle 1961. • Unable to positively identify the individual, but believes it could be SGT Las Identified SGT./Mks holding the rifle SGT 111111311' stated after the redeployment from the FB, he continued his duties with the platoon, and Between 0900 and 1100, 15 Jul 04, SA INT INT , and INT all this office, conducted a cursory review of the computers seized in this investigation. The reviews Were conducted in compliance with the direction of CW5 for Operations (DCSOPS), USACIDC, Fort Belvoir, VA 22060. A revie identified Document Numbers (ON) disclosed the following: IIT p 4w-111i:;i —m p fel.Ce% ci06 -3 of the computers associated to the bputy Chief of Staff • DN 044-04 - Upon power up of laptops 1, and 3 through 5, disclosed the operating system as Windows 2000, and prompted for a password for login. Due to the lack of computer forensic software and technician support, the computers were shutdown and no further examination was completed. During a cursory search of laptop 2 (item #2), no images of evidentiary value were located. During a cursory search of the Compaq Desktop (item #2, 045-04), the computer prompted for a power on password. The computer was subsequently powered down and no further search was conducted. DN 046-04 - A cursory search was conducted on the Dell Desktop (Item #3), which identified several images depicting soldiers pointing weapons to the heads of bound detainees. Three additional images, not found on the original CD, were discovered; they appeared to be two different individuals with one soldier in two of the images with his face mostly masked and one soldier with his head to the back of the camera. The picture (file name. of "picture 1800") of the soldier with his back of his head to the camera was pointing a rifle at the head of a bound detainee and appeared to be dressed in the same manner as a previously identified picture of SGT1/11111. The other two pictures (file names of "picture 1801" and "picture 1802") appear to depict an as yet unidentified soldier pointing a rifle to the head of a bound detainee. The computer also had an image (file name of "picture 1808") of a previously identified [- TYPED AGENT'S NAME AN SEQUENCE NUMBER -4 - SA ,IGNATURE f 1 was later deployed to Qualot and returned to Kandahar. FOR OFFICIAL USE ONLY FEB 77 Law Enforcement Sensitive ORGANIZATION 62nd Military Police Detachment (CID) Fort Drum, NY 13602 DATE 16 Ju104 EXHIBIT DODDOACID 006285 CO Regulation 1954 Page 3 of 5 FOR OFFICIAL USE ONLY • Law Enforcement sensitive -AbtI TIGATIVE REPORT ROI NUMBER 01 33-04-CID452-63629 FOR OFFICIAL USE ONLY Law Enforcement Sensitive 1 FEB 77 L • mms 6 picture (identified on SP computer with a file name impk.P ucj p g") depicting PVT l't.pointing a rifle at the head of a bound detainee. "Picture 2346" was located on the computer, which appears to be the same image as P-9 from the photo packet. "Picture 2349" was located on the computer, and appears to be a zoomed in photograph of "picture 2346", or P-9 from the photo packet. "Picture 2383", "picture 2416", "picture 2417", "picture 719", "picture 968", and "picture 969" appear to be P-24, P-10, P-22, P-23, P-25 and P-26 from the photo packet, respectively. Four additional photographs were found during the cursory search of the desktop; two depict bound detainees and the other two depict the local national who was killed while attacking the firebase. • DN 049-04 - A cursory search was conducted on the Dell Laptop (Item #1— seized from SPC Vic-4; resulted in the identification of several images depicting soldiers pointing weapons to the ends of bound detainees. The images were found under a folder named "afghan pies". This folder contained similar images to those located on the Dell desktop (item # 3, DN 046-04); however, many were renamed to different names, such as.1111111186Pue.jpg". . I aillig, giiiiiil, . gal; ftp...3 About 1300, 15 Jul 04, SA and SA this office, interviewed PFC B C or about 0I Aug 03. PFC stated he e was lI : MigMn2e Pr ndd inf to FB Ba, Tycze . with elated he was assigned to duties as PUC guard, patrols, and tower guard. DhisV p ,lFaNto0DnY, and whnoevererlaoi ebdsehrev eadrr aivneydonine mAfigshtraenaitstthan On the 1012 them ac.3 1P111 10111111111.111111111.111WW ws FTly 0c th MTN f i et a i nawake ee s . feed statedhe mth. c the SF germo u pow oo u Isl. stated s ed s P i special instructions given a written SOP sr,esgucarhdainsg the treatmentorCw 11he1n1 1t1o1 1f1eP he was never treatment of detainees, but the unit and SF group ensured that everyone knew what they were supposed to do. P C 1NNIIIIIPwas shown the packet of photographs and pointed out the following pertinent details: • Unable to identify the soldiers in P-9 thru p-10 • Identified the individual in P-20 and P-21 as the individual who attacked the FB • Unable to identify soldiers in P-22 kifila • Identified individual in P-23 and P-24 as • Unable to identify the soldier in P-25 [,,,lc.-.51 L4. -5. . • Identified the soldier in P-26 as MEW ( Between 1350 and 1420, 15 Jul 04, SA iiiiiillPsearched PFCiailli residence, vehicle, and computer, pursuant to his written consent. The search met with negative results. (See consent to search) AbOut 1014, 16 Jul 04, PFCIIIIii6i4M:'-5--I- SM B Co, 2122'd Inf Bn, FDNY, was advised of his rights by SA IIIIIIIMNIP PFC,111111Pwaived his rights and rendered a sworn statement admitting.to posing in two pictures while pointing a weapon at the head of a bound detainee. PFC 1111.11Pfurther stated when he first arrived to FB Tycze, he observed a soldier from an artillery unit (subsequently identified as PFC TYPED AGENT'S ME AND SEQUE CE NUMBER ORGANIZel DON G4 (.06-Y 62'd Military Police Detachment (CID) . ISA Rift Drum, NY 13602 I 1 SIGNATURE DATE EXHIBIT -6.1G--Ii4R 16 Jul 04 1 f25 DODDOACID 006286 'I FEB 77 SIGNATURE • FOR OFFICIAL USE ONLY Law Enforcement Sensitive E AGENT''S INVESTIGATIVE REPORT R0i NUMBER . 0133-04-C10452-83629 ike the back of the head of a bound detainee. (See Waiver Certificate and Sworn Statement of PFC Or details) Agent' s Comment: SA nIMMegan the interview as a witness interview. When PFC was shown a recently disbovered photograph depicting a partially masked male pointing a rifle at the head of a bound detainee, PFC 1111.11.elieved the weapon depicted was his, and the soldier holding it was him. SA MIINIMIMPtopped the interview and advised him of his rights. PFC IIIIIIIIPfurther described the individual who struck the detainee and described his unit patch. PFCoI?IaI-ISIMi Psscribed the patch as a cannon lto,w° Between 1220 and 1250, 16 Jul 04, SA searched PFC i"resid ence, vehicle, and G-2126 ,-( computer, pursuant to his written consent. Examination of a CD disclosed it to contain images of several soldiers with their arms around the detainees posing for pictures. The disc was collected as evidence. (See consent to search) . toqc -1(6G:;. - About 1300, 16 Jul 04, SA le coordinated with 2LT S-6, 2122nd Inf. MI, FDNY, who provided a copy of the unit's log-ins and passwords to access the US Government computer systems. About 1420, 16 Jul 04, SA 'i -I interviewed PFC *. -3 ' B Co, 2/22' d Ifif Bn, FDNY, who stated he arrived in Afghanistan on or about 01 Aug 03, shortly after completing basic and dvanced individual training as an infantryman. PFC related his duties in Afghanistan included kfic.3 fire team member, guard duty, and PUC guard. PFCIIIIIIIIIIIIPstated he only had disposable cameras in 146 Afghanistan and he did not take his computer with him. PFC elated he was unaware of the maltreatment of detainees. PFC tated he treated as somewhat of an outside, being new to the was shown the packet photographs and pointed out the following pertinent details: unit, and was more concerned with getting home alive. PFC stated the SF group and the platoon sergeant ensured all guards knew how the PUCs were to be treated. PF • Unable to identify the soldiers in P-8, P-9, and P-10 • Identified the individual in P-20 and P-21 as the individual who attacked the FB • Unable to identify soldiers in P-22 • Identified individual in P-23 and P-24 as sump ilc-6-,k6-5-- • Unable to identify the soldier in P-25 • Identified the soldier in P-26 assumpt,7,..-i 6C,-SCID Regulation 195-1 Page 4 of 5 DETAILS with wings. TYPED AGENT'S M E NUMBER r er E ter SA ORGANIZATION 62nd Military Police Detachment (CID) Fort Drum, NY 13602 DATE TEXH!a1T • 16 Jul 04 FOR OFFICIAL USE ONLY Law Enforcement Sensitive V6i4C112 DODDOACID 006287 • • FOR OFFICIAL USE ONLY Lew Enforcement Sensitive AGENTS INVESTIGATIVE REPORT ROI NUMBER 0133-04-C10452-63629 Cla Regui4itior, 195-1 Page 5 of 5 PFC DETAi • escribed the activity in the photographs to be abuse and was shocked to see soldiers. from his unit participating in such activity. About 1500, 16 Jul 04, SA btained consent to search from PFC11614/..to search his hard drives. (See Consent to Search) • /1/LAST ENTRY/// TYPED AGENT'S NAME AND SEQUENCE NUMBER i ORGANIZATION SA1111.11111.11.11Micic-11W4Gfca, 62nd Drum rt Military Police Detachment (CID) Fo, NY 13602 TURE 16 Jul 04 DATE EXHIBIT SIGNA FOR OFFICIAL USE ONLY Law Enforcement Sensitive -I FES 77 rIancii .iI ik Between 1520 and 1550, 16 Jul 04, SA searched PFC residence, vehicle, and computer, pursuant to his written consent. The search did not identify anything of evidentiary value: DODDOACID 006288 . FOR OFFICIAL USE OHL 13Zi 04. -CID 41b2 - 4 1 ' RIGI-G lISARNINa riocErieiginVIAiviiiOttii-LITATE • For use of this form, sae Al 100-30; 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 edditiOnaliallernate means of Identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your Social Security Number la voluntary, .6-- rib b -a- 3. -rill . LOCATION fr./ 1, afgek4F: & b.,“.17 Air, /36e z— ' 2. DAT /b1/o le, Vii, 4. FILE NO. NAME (Last. Fat Mil i 6-5- B. ORGANIZATION OR ADDRESS Ai et ,2/2,2„ A el /A , 1E:1 ?- . z.,),,v,,t, //i- /.7s ,-, '.z.,. 106-5 , GRA DE/STATUS 1 3 /4 i"). PART 1 - RIGHTS WAIVER/NON-WAIVER CERTIFICATE Section A. Rights . - . . . . i 9 ..,e a • (-1 '3 . v et, ".6107 0/4"14'-' si he!ahe is with the United States Army 61.";/"Fr .r.-0 f frl 1 .r The investigator' whose name appears slow told ma that C.7 • ' C-.• k,, t14 A and wanted to question me about the foll&lng offensafs) of which I am r_o, r` - 'c n440,1 ere ..e./". • suspected Aril.r.e , - Before he/she asked me an questions about the offensels w er, he/she Clear to ma that I have 11wfolt9a61g rights: . 1. I do not have to answer any question or say anything ] 1"t"-- 2. Anything I say or do o.an be used as evidence against in a criminal tri t.rjr.- 5; itizt-A5'. 3. (Far personnel subject °the MAU I have the right to talk privately to a la yer be ore, 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 of a military lawyer detailed for me at no expense to me. or both. tel-C-.5[" -5-- -or- (For civilians nor subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and altar questioning . and to have a lawyer present with mer during questioning, 1 understand that this lawyer can be ono that I arrange for at my own expense, or if t cannot afford a lawyer and want one, a lawyer will be appointed far me before any questioning begins. . 4. it I am now willing to discuss the offense-IQ under ihvestlgatlon, 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 II I. sign the waiver below. ‘034--6C 5. COMMENTS (Continue on reverse side) Section R. Waiver , I understand my rights as stated above. I am now willing to discuss the offansers1 under investigation and make a statement without talking to a lawyer first and without having a lawyer present with m 41.9C-5i W12-6 WITNESSES lir available) 3. SIGMA .-( 7-6S---- I a. NAME IT , a Of Print 40 1, -, J. /i) /- b. ORGANIZATION Oil ADR SS ANp PHON• 6 2. 1't off "1-41- 1.1 e ?i-C-c- 6 j /9- I.Dei ti 47 , /11,°' /56 f , ? 4. SI OR 61C-1 It1+61-. 1 2a. NAME (Type or Print) 6. TYPED NAME OF INVESTIGATOR ..rt b6.,../ . .1. -1f. ri. 6. ORGANIZATION OF INVESTIGATOR 2.," °1 ell P .),t id Cc, cel . /141-44,.--7 PP c36. -7 -5 b . ORGANIZATION OR ADDRESS AND PHONE Section C. Non-waiver 1. I do not want to give up my rights . . q I want a lawyer . q 1 do not want to be questioned or say anything 2- SIGNATURE OF INTERVIEwEE • ,_ O fo .t.' 1 1 ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (OA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED — . - Le-W.14ft EDITION OF NOV 84 IS OBSOLETE FOR OFFICIAL OSE ONLY. LAW ENFORCEMENT SENSITivr DA FORM 3881, NOV 89 UbAPA +.() DOD DOACI D 006289 ClaS - 0 4 °CID4 52 6 :3 FOR OFFICIAL OH . ULY ai I AW FliFORCEUILLininal SWORN STATEMENT For um of this loan, ma AR 19045; the proponent spa icy is 00CSOPS PRIVACY ACT STATEMENT AUTHORITY: Title 1E1 ESC Section 301; Title 5 USC Section 2951; E.0.17307 dated Newsier 22, 1943 /SSW. PRINCIPAL PURPOSE: To provide commanders and low 41110011Zent officials with means by which inIannallon may be acarretefy identified. ROUTINE imps: Your social security number Is used as an additimudirdismato moans at identification to !idiom fling end retrieval. DISCLOSURE: Disclosure of your social murky number fs voluntray. sipp*-6/15(4.6-- 2. DATE if 4. FILE NUMBER 2&P41 67 J1& ' *3-0 N z z 4 /3,1 -3e4 .14.1•401 Ajil /We, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: 4y' rrol toz- 1p, ..c.1rU ar 6/4 ' 14/4Y 11 Li 1 41 /00771- OPef4t 24;44 x117;7 e/e7 P4-t. *LI,* ‘fija 191r4 c/. Ilaw Sailief c.,fr 971- A19-o.74 J Dere4/44/g4'1'7 LI ,T Aias /4.4- 414,p.,1447,-) b ighro e fikk.vbcc :-Vc.„1" tea imiatsr ‘ i mn ea l /co Alem.e/7 .241 :x- 14-4:3 "7:-426,1, 1 et) 47L pee .64AZ 16e c Ica. 1/if/ 6;41.-zgi er 161:74e- Srp) 4 ..54ofyy# ("1 '7 eA4P IC 17 KZ. 7/kc A"er-se. ; oei.-rfi //Lk 7Oraifie-r71. , cfrie/ 7' b '71 .61124 A/W. Abts le(-e e A Y;11-les r 712. - eiveed- 56)CAS • e aS e,eyz 09-- •/ce A'Pr' 1-44'4/:'" irk5 5770.4-n,; 1. LOCATION eib 6-( ice it 1001 N 6 T NAME, FIRST M ME, Id(DOLE /3407 7. GRADEiSTATUS 6-3,/ ftb . (Se-) ‘11 ;' St-),2,41 1)1 ite /4) Si%0411 eff"1)/ /0/..1c/roc.:1' et.e."p-- levleos 10. EXHIBIT 11. (NIT MAKING STATEMENT PAGE 1 BF 7 PAGES ADDIFIDNAI PAGES MUST CONTAIN THE HEADING "STATEMENT OF T4KENAT , DATED • lj Ct ;.: 11 5 THE BOTTOM OP EACH ADDITIONAL PAGE MUST DEAR THE INITIAIS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED_ • . ; AM, DA FORM 21323, DEC MB BA FORM 2523..111172, IS OBSOLETE FOR OFFICIAL USE ORLY .1 rurnrterasrior r r Fin 'Till' tArlIAO / DODDOACID 006290 .4A-0s; -r PAGE OF PAGES ;... • :4.... FOR OFFICIAL USE ONLY 1_33 - 04 -Cl D 452 - LAW ENFORCEMENT SEISM USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. 6";‘` VS.- STATEMENT OF TAKEN AT Ce'D °lc 4'44 9. STATEMENT (Continued) .A..17 47e-A tv,279,1 tv-eloto- iista-/Sedrucir 11.04 rijil ri led poee. A-to ;7,3 etathi ric oriii u 11 L:7,1 V. 44kfA-2", ler e r) e34 4.-1 pi? /3,„ Y :71.e "601C, 6i.)-1 014/1---gz./- 1'4 PI-re 4551r-1 17/Ce. 'At* wet, rit [12, 71"-- c9 .11")4t"-. • 17:41.-- gleder, 9• ,24 . Ai-) eur- "11-reri- 50,1 0-744.,- 1 4/ ,574,/:./rhee-/ 7--29 ,1aS1 /?6, ;4:24(t ;IL (--7 eV' ri 3to' 4-(-7 ev,-/ Ile Air b'S-C (12-'4'744 et-k. e.-Wel fif ,1,1 441 „Pei an 14' init/rV2 e,F A;r4. 44-1*-14 174 Ite. -Li 14 0120 Mco. oz 2 ) aKe deed te,/ 4.,/72,4 ,,T74 =r-r ,t 56)c-'1,10: 124 kkr .S2:94 ,a "4-4/1 asd /0.7 /re tv`Soz-.4-i'-- 6c, le' )6. 61pe/o, :deeicr e.,,A,,,rif ft-1 DATED , 6:2 6.51/i)7/ti 6, INITIALS OF PERSON MAKI G STATEMENT ificy-,5.' PAGE Z DA FORM 2823, DEC 1998 FOR OFFICIAL ISE ONLY 1 ,./ DODDOACID 006291 efew-sVc ex - FOR OFFICIAL BSE ONLY 411 L Ali EITORCEMENT SERSIIIVM" °I • 5 USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. TAKEN AT O f 41164' ' DATED 4:9` e° 7/1( STATEMENT OF 9. STATEMENT (Continued/ / 4- '}ter- 6L, /A y / il,le i7er A- r1 et/ :745 polc:le: frt e ‘1 4 6 0. i7.F 7113 Re A. - 2 irz._ 514 -C1 196--t- 'IC eJ; .r /..Dfid 0`'/ ve / ri4a,.-. ea_J-0,`...t. 7,,,,, i.- .4,9 c.7" .6-4 51106-5 . les I 5.14 ...741,..ied ea ...ir/Veheit-e• t4o., el" jny AV /0.41',/eeciA 4 ., 64 KL 91.--,,/ A za / t il e" • 4 M A.),,fee 4.1"1,-7.o."- lee .- - ‘ /e, 5-,,, .4 .4ri- • A e 4,00 iz . ("pi le:t_e • Inew,-,,, .,9,1 "A, hops", c.../6 /er 1.11 r. r iii:,,,,, ,,i, "ix ,, ...5 i iebe, 7 6 L -6-- k&-6-- Ili . Age lei P12. tie • ftlift,,,, :7 bit •5116.(S ., I IT e-/ea ---1,,--/ -e- 441e.,4-A,--- - v.v.- l a iri e1 ,y," r Id , 7 ar- . d,/, . t ,o ,.$' it- _06,.." '"d 7 6 . ,..., j iLar ""e. e"t.--3 .41. 5..6 1 a) ,' e r- ec) A r, " rte 47,e4 •^1-1 A / /07 . koellie: L ' e=--/ At es, /e/- . -7 ." 4.4. -11 V. og Le 1-• 4 eie • ,/ i '6ej.J". elf e-441414 '.11 e 0. , AT,N,,,./, ,j,ei , i., xi'. ,..5. _ie./ el/ e/' ,7 ta_14.-5- 66-6-"" SIL el /e,/,'"1 a Ali/ t' tie ke10,L/y ,,, 0 1 (c eIC ,,.1-7 Cie .- / ,5 1 l' • ---' -5 b‘-s-- Il e ...517 2 541- 41-7 4/ 6. / '71-e als;‘,6_ • -^ • c-CA _.5)orelvE" /414RIF. /), ..e.,61.,,44,..a • /,die") 1e4c-6-. , /-4•:c 9 Izs4 .4---- t4 t • • i. FOR OFFICIAL USE ONLY EIIFOITLEMFRI PAGE OF PAGES LISAPA V too • 0.4 4.14 Pi if? INITIALS OF PERSON MAKING STATEMENT -Si PAGE Z DA FORM 2823 DEC 1998 DODDOACID 006292 FOR OFFICIAL USE 01114d1 • EVDICEMENT SENS! Till/ OF • ••• USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED TO FINAL PAGE OF THIS FORM. 0 7" 1 STATEMENT TAKEN AT DATED 9. STATEMENT (Continued! 144114 -1 ,„A 1.../ ed et)A0 1 7.4e A.01,110, -10,)e)1.4.-e'c ti.mt e/ 4..067/.41.0e 41nm 4).4 e n p! ‘114,1 1/.••n t5?/. _..7 6° E." 4 ier"...itz-"-e hereci I. 7W 4}e9e),7 cFe Oc-5-116,5-„ • (4) 1-1. , 1 ((m06-m( ir Ave b, 49; 5;4 e .511‘,04," ••• "..t3 pre/ fric .1/50 it; o le zleretie.,-- (‘? se/ riv 6!-IT 74'1" „, fve 1.6,E7 .1-504:1; car/i17 7, 1 ,,s1 /.0- ,.L - e ; 04.6•44. /Ze,1 S ,:s 4;14 4:04.2...7 /to cs ' •Xe Yrer.•44-;7 -' ct- ref e- 6;v7.42-1 „/ ":"A _ -r_,- ..-- 0; lialliapt Li ...h. CI tti A9' 7(A•',, Cilairfe. ; r Z.; fl "1/1 5^^r J I V zi ?'1 -041 6c.?..--e. CA/ Z 1.0 (: f e „ e. 7 r.ze deg" (G7-=c bew.... ,z22 IJI1 e'..5 111 6 ,5')$- 1.1111111r651 /". 5 7 C-1) kw .5 t 4.4 /c./ 4.,1 Jim J 01: e, a :":1 14- INITIALS OF PERSON MAKING STATEM PAGE 2, DA FORM 2823, DEC 1938 5 r- 1 3 id 101.4" e e-1,4)4 re-./ z r ca.r..po 1;.. C I r4. nvo•OP etie 2L1 ) 13 A (I .: V-1 Jl PAGE q OF 7 PAGES USAPA V1.00 4 11 1`, .Vr• 24' /4,4e `5' /CA t 7r/ed-4 e.-ero „ cz) FOR OOFFFFIICCIIAALL USE 1:11iLY LAW Evagrriau SENSITIVF - DODDOACID 006293 INITIALS OF PERSON. MAKING STATEMEN PAGE OF 7 PAGES U.SAPA. V 1.06 —ilk; Y 3P It g /90' PAGE 2, DA FORM 2823, DEC 7998 FOR OFFICIAL USE ONLY. LAW IN'F•9triirv1 erberm, i. » ; vJCJSJ pe;,- .„ -n, ; . a ir 1,4.. :le re. 1 1- 4- • &hi/ 111111111'‘" e 4 t 7 -Iwo weo ssca e;:iel F r?, c' A.44eze- Aco - cv/ ,1 . -5.E c4„.,e 49-6:7 cifi-,7 1-741,,tr s, .)t- c1741- t e.t....-415 Pi, b., e,ver". bird 04. Per- v e .0 -7 e 6.1 A . yogs a,Le 1i3J/Arc y a/frt.I •41fee) 44,,e C". Jeff ..- e-i el. eifrve Pers -.i.,--, 750 ,.._ 0 0 re one. tv " .,.- ,L 1/4S e r\ ' pi- 114111 h;c . jat wI" L e 'Se-,1 ci lqr s e,e3ne- IA/ 1^61 Oftter e_ c"A .50._ 4-' cJejti -(`cam.) r OR OFFICIAL USE ONLY ENfOttEWEil r""A V 3 0 4 -CI D 4 5 1 2 . 6 3 USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED TO FINAL PAGE OF 11-IIS FORM. STATEMENT OF TAKEN AT C44) 4414-e- DATED v/ 7/`1 . 9. STATEMENT iCondnued f A) 1,co ?'/- .S14e-4-3n --) V.% I cher 1',4 y pt.. L--'1-vrkt M 517. 9A I I I I I I I I I I I I I I P01-6-5 Q` toe, bis,.4L :^,n tL.d cd coo t go t-Le / /-1. 74.5 3 e 7 13--tkertrrI :41 e•-e Z /11-',41 e cc-4 7- 4. ;3,4.14 Q I DODDOACID 006294 PAGE 2, DA FORM 2822, DEC 7998 . FOR OFFICIAL USE ONLY LAW EVFIVRCIREtt SENSITIVE INITIALS OF PERSON MAKING STATEMENT USAPA V1.00 • . FOR OFFICIAL USE ONLY408 0 4 -CY A 452 6 3 6 2 kW. ENFORWIENT FENSITIVW USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM. STATEMENT OF TAKEN AT C/ i) °le C DATED 2" '-//07 4/11a 9. STATEMENT 1Continuadi . i , a , Dcoe ..r., 1 . c- 11 ' :5*, 8/trek / i„ei/ etwit a: ry de .,'c. rl 6 e_cd .$ p CI .i., e LI 1A-5 °' l'' 5 s rt ,, 04 +-iml epr, ep e-- ct 45'g..L)e.i ,-..‘ a , .. r A 111 to A. '71 : A .0 ? 7- A e- ..ifY .3.-e,n 5. , id 6 e L. ' ilitA6-' 5.-- _ 4 1 \)e ,S . 17,1 aF.: Cf. z , ee. tfc It t k19 -tTeuv.-0—' rit7,1165- d.11. 0.11.1qel eic 'I' Yes. /40 A3 len sic- A Q.% .r44 A e aVe /-4 RA' ri .4 '67C; e-)- Ae ty Joky tric.6-(,66-5--- 1 Yes c e ei-le Li zee; 741.- pe". "`r ?AA' c' „f& til!.1 dip "vess)//,0,4s...t..e 4.4, key/ tr.-7V /1- ‘ 2-1:7'I.Itiz,5.`6,-. ? e c,0 c 741-ide•l cu I Fie 101C-5-f a ti e,o c E..7 P4 /10 y- too epb 4..r Ho del or Affe-c-pikeL/i, a ,. ,..... p,- e 7 ,,,„ pm.".../ ic i te .01.-Jpoe - 1,.....A .-,r. , T1 Y..?s .....c ,./4---.:4 1.--b ,....,s r 5- L air /51 119; 44'0 :4 ok DODDOACID 006295 STATEMENT OF r.OR eFritin IST DIM/1k" 04 ..C1 D 45? All EliTilirrvrPT 6 3.6 TAKEN AT 61.42./.) DATED 4;24:77747//e: 9. STATEMENT (Continued) AFFIDAVIT , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS N PAGE 1, AND E DS 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 R ROUT. THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE OR INDUCEMENT, 10/6, ,,'T( (Signature of Person Mak ng to a Subscribed and sworn to before me, a person authorized by law to administer oaths, this ttl day of ' cliJ , pc/ at IA y /3 LI 4:19c—(16S—r (Signature of Person Adm! Oath) • • (Typed Name of Person Administer g ath) 14.)/N7e;',1:-/ 4-36,, OC-rer-1— (Authority To Aditanistar Oaths) • t) 1 2 PAGE '70F PAGES WITNESSES: ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS INITIALS OF PERSON MAKING STATEM 7CPAGE 3, DA FORM 2823, DEC 1993 FOR OFFICIAL USE ORLY usekra vi.o0 do) DODDOACID 006296 I FOR OFFICIAL USE ONLY Law Enforcement Swathe AGENTS INVESTIGATIVE REPORT ROI NUMBER 0133-04-C1D452-63629 CID Regulation 195-1 DETAILS C.-061 12 Jul 04, SAmmisiiiiiinntervie About 1209,w ed SFC who rendered a sworn statement denying for details). 1 . . any knowledge regarding detainee abuse in Afghanistan (See statement and sketch prepared by SFC nrr, residence, FDNY, pursuant to his written 604.4 gill" - -.cI(i About 1214, 12 Jul 04, SA searched SEC IMMIllpre consent. The search revealed nothing of evidentiary value See Consent to Search) About 1610, 13 Jul 04, SA searched SF P residence and personal computer and/or media storage devices in Pennsylvania, pursuant to his written consent. A subsequent search of these items resulted in the collection of one digital camera as evidence. (See Consent to Search) ///LAST ENTRY/II . Page 1 of 1 TYPED AGENT'S NAME AND SEQUENCE NUMBER SA 13 Jul 04 FOR OFFICIAL USE ONLY 77 Law Enforcement Sensitive ORGANIZATION 62' Military Police Detachment (CID) " Fort Drum, NY 13602 DAT, EXHIBIT DODDOACID 006297 OR OR ADDRESS r-",11"A 1Wqrk61 Cfrres.,-4/ r 4 • • e"" b rc s ..t DcA exio cA. , c66-3 ,nt"...-1 ca. en_ '71" 4a ,e4 4 e4-1'64, 14.4rr •••._, ei,e 1. IK 5Fr-- r I • FOR OFFICIAL USE ONLY 04-c1D452 -63829 LAW ENFORCEMENT r:ren- i" , SWORN STIVISNENT War use of thin form', pee AR 190'-45: The proponent agency of'the Deputy Chief of Stuff for Personnel. LOCATION rxLm NUM m ZZ-CR-actoirz GRADE/ STATUS . DA114 Y TD OM / • LAST N7YME, YXUST MASS MI SOCIAL SECURITY NUNS A A want to make the following statement under oath; eet j R hr,r A Fs A ,1‘ Oil r .16 Ciia T r 1 -4.5 i.e./ 1, 1 / tOr-e•-rA. P7 v rl enc.. -t t- ,, -1 - 514014-1.1."1 7-4 Kw"; 4".' or, 4.5 weif ra 5- (Cr cn A / 6 A A *A) 414,1,7 fo.. (90-4 eta 44 0 a .4 91,4•41. 1174 .0 ate ""I t .T144 754r7.- en —V Co p • EXHIBIT INITIALS OF PER G STATEMENT kr44 ' Lli 442'1 PAGE F %e PAGE ADDITIONAL SAGES MOST 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 PAGERSE• AUTILISED, THE SACK OF PAGE 1 WILL RE LINED OUT, AND THE STATEMENT WILL BE CONCLUDED ON THE REVERSE OF ANOTHER con OF THIS FORM. FOR OFFICIAL USE ON Y LAW ENFORCEMENT SENSITIVE 1131 112g' DODDOACID 006298 U133. (1 4 - "it) 4D4 - 17 otozz FOR OFFICIAL USE ONLY ENFORCEMENT SENSITIVE AKEN AT A.peT Rt.? is b9CSTATEMENT OF CONTINUED_ • :Ai Pr • ti.e-.1 rtd- DATED )2, Tut-Li CI' eki-d pt, r-e .ec d A eAin, I E A 5 PGcc. Cad y Or 71o, Ce..-/re c c Urrra Gel 1.4 , PG c ‘`/° Id 6 z a Al 55 16/1-,0 c7iG" r2 y- .c 41-ra 14.4 1- fig (C / c-t F r effG r FAir Fd.t9 C.0 r.Y pc,), A ,t Age )Z-4...r,.5 A coit;‘„,„ • .2. - 1".1cts k y . / , r 4' .) e fJ Cv r," ad , $ 11%4 ./ y -Isla 674 /10, 6 .4/ c-Cr u s A. CD f 4--"' • &LI 0,4?5 „,.ed For •-e v 71(_„„ el., _104-•.._.1AF,” rl e.riet ••• 3 f .t? .-SM •t• 5 t Pif,c j C4 ...x,-‘15 /1 06. 1 - f • eit btic, t(l bfry 1.1 T SENSITIVE FOR limp USE ONLY PAGE 4 OF (.0 PAGER" EXHIBITK DODDOACID 006299 FUN UtrILIAL UDE unLI - - '..11 1 ENFONCENENT SENSITIVE ii i AKEN AT FoRT ted airy, 1 p STATEMENT OF DATED i „1-04. ,/ ere/ CONTINUED. tc-c 5 1 0 4C1 a, 7 pi,' or a p a X..4 /e. en, la )40 a 4- On To a .S • p„- - '5 s 4,77 /C-,,,e1.-7 Ain/ /0 ilec..4o0,-i )1- 4n Csew tin , 4 h„. /,,,,:g/Licif: 0,, 4 Ailen4 //A c' hy. 5 fie Gi tot, 11 a-eS 7 c1 y S a.f A-a4 ,. 1--0- eCi- c.., ...PI art It e? c "7-700 -4A. .4-4-1 (1 c 1,7 isl-t•Al A- r f. ..tei 4./.4e1 4,42 r•-", /51 Peet' • ef.2C e Awl (try /0 44;4 0 +1 C41 T1.1,5 PC) tij lh CQ.I.. 'Pt .Li k.41/4n÷ 52,12.12 iLT) e...CJZ.4 L.) r• QIE4 96(.4 IAA-i (A'aP 7 tit) EA RC-Dvi ds c d 3 '3 a% A-s, d_e c14 Li ()LA A: s 2 a I 6.13 (F ,'")L ~tom • ( Ne-62,4 sLop Q 1' IA /kip cd_s tA,p3e0 -7---Ad 6 ;;-eld. ) efrt". 1/4_0.-/ +4(-42- .41164-ShA-19— 6 ' r61.4 A u43 „ 1'25. PAGE OF PAGENIP we k-4 EXHIBit,Pq 80C46-4 USE 0111.Y 11 AGEMENT SENSITIVE DODDOACID 006300 LA" S fri ts o a on_ 9L4,•• C0.44-0/ e.f .1 49 1-4 -1-e,` . ,L) 4-, `a Li 6- Ci ct_ r i SIO 0 e '• LA)" 40 LA. elacz) (54,1 i 5.56-ce) 9 a. a. .10 KA-A*. cl-f" 6,:clut4 (67, e 4-1 fr•vt SA 0 44.s 1 0 F44-..4, 6 PAGE Y OF STATEMENT OF CONTINUED , A-. -hi 3 day3 0 ka, FO R OFFICIAL VSE. ONLY ol 3 - 0 4 Clir 4 52 b 0 L i;:Gi.CCHFNT SENSITIVE ah TAKEN AT T , DATED r z T JL g/ a e/ it ig; eb a Atka isrp 4-Da.1.--S0A.,a-c3=0 iv 0 A LX--4- 7/%4, 0.; co t.t ct qou J2440.444 err fr%..40,--.4 : 641.0,th ri- cdOe-i TI-taar ell coati 1 A- crtAn 0144, JO . cif u4- u.) FOR OFFICIAL USE ONLY EVCRCE T .SENSITIYE b4c -1(66-4 EXHIBIT ag DODDOACID 006301 5 .51'4 0 1-1 C r SillzdA., let cio Thi) 151 y -46-4 do sr) 6.--he, (4_4, (log .a4••±oa,c14/ 1 sue .: Ike eo flY b aF 1/1 04A-) 1 sr -mac--, STATEMENT OF CONTINUED. HJ IIht IGIAI, ubt uri!.rotss - U4 - 1;11)40Z 0 '3u h is EWFORCEI4EWT SENSITIVE • TAKEN AT 4,A p 24( J-i,/ DATED I Z _racy a 4/` 0 tiow co.E." 1.32 -17A-F -7-grdi-t; oki..1-126, 0 cac-, 4e1,5!,.. a a ,45 sra srelikarre,d 1,, d e AO 10 7144._ 01 C ,j,„ (21 2.6 130 iry 4;11 44_ Cr5i 0-0 10 Zse, PAGE C OF PAGEIM FOR OFFICIAL USE ONLY LAW ElfaajENT EEkSITIVE • DODDOACID 006302 F 2-A4C-vvr" hfv11 us- SUBSCRISZO • AND SWORN aterroRA 104 A PER9 .0 pT LAW TO TEA OATHS, THIS 12 1‘DAY OF34.4,%R__ AT _EL ry••n••n (1•9 tsic_e 24toy t r-w-f ( ignstu of P soon ing Oath) -I 66 (Name of Person Admini Oath) 0133- 04 -CID 452 - 06trzw MI OFFICIAL uSE ONLY LAW LOFIRCENENT EEKSITIVE 411 DA FORM 2823AlSmTOIadATE iDi li mm STATEMENT OP TAKEN AT.6Rrlgon, stni DATED (i TULA/ 1 CONTINUED L6X--(-1 L 6G-44 AFIDAVIT HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT 401 WHICH BEGINS ON PAGE - I AND S ON PAGE . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE STAT NT 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 OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENTu tc.41 1i .4 TATEMENT WITNESSES: ORGANI ZATION OR ADDRESS ORGANIZATION OR ADDRESS t)cKA-5- Ar+ s (Authority to Administer Oath) 0. 414- I? 5 PAGES INITIALS OW PERSON MAKING STATEMENT DA FORM 2823 (AUTOMATED) FOR OFFICIAL USE ONLY . LAW OFORCENENT SENSITIVE 6 Or 'PAGEs EXHIBRo DODDOACID 006303 W E ORCEMENT SENSITIVE - u. - CID 452 - 6362! Diz FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE DODDOAC1D 006304 R OFFICIAL USE ONLY . _AW 'ENFORCEMENT SENSITIVE oar - 04 -CID 452 6 P82 ROI. NUMBER AGENT'S INVESTIGATION REPORT • 0133-04-0 D452-63629 CID Regulation 195-1 - • PAGE 1 OF • 1- PAGES DETAILS „. 1 SPC ININIMINIIIIIIIIMMIIIINIII. B CO, 2" BN, 22ND -INF, 10Tu MTN DIV (LI), FORT DRUM, NY (PONY) 13602: At 0900, 18 Jul 04, SPCIIIIIIIMIwas interviewed by the undersigned and provided the following information; SPCMIIIIIIIIPwas deployed with his unit to Afghanistan and worked out of Fire Base Tice, Dairawu (spelling). While working 'at this fire base, SPC talked about the firelight that occurred in January 2003 where an enemy combatant penetrated the base and blew up a guard tower with an rocket propelled grenade (RPG), injuring three of his fella* soldiers. The combatant was killed during the firefight, which SPC 111111111111111 felt was justified. SPCIIIIIIIIIIM also indicated he was involved in guarding Prisoner's Under Custody (PUC's) and at no time indicated they were abused in any way. There was no written Standard Operating Procedures (SOP) in place during their tour of duty regarding Prisoner's or Detainee's and the guidanCe was all administered verbally by his chain, of command. When queStioned about photographs being taken of the prisoner's by soldiers, in his unit, SPC61111111111111stated he was not aware • this took place nor was he involved in the photograph taking or being present in photographs. SPC MOM did not own a digital camera or personal computer system. SPC mailiputilized disposable cameras in theater to photograph the surrounding areas and Unit personnel. AccOrding to SPC he photographed the countryside and unit members at his base and no time were derogatory photographs exposed. SPC - was shown the photographs obtained by this office and his responses were: Photographs 1 thru 7 depicted his fellow soldiers at a celebration and engaging in what the unit called PUC'ing (person's under control), which he described as conducted for birthdays and promotions, sort of esprit de corps. Photograph B depicting an unidentified soldier standing over a prisoner with a handgun, couldn't identify. Photograph 9 and 10 depicting a partial body and/or hand holding a pistol over a prisoner, couldn't identify. Photograph 11 thru 21 depicted scenes after the firefight in January 2003. {„t q Photograph 22 depicting. two unidentified individuals were not identified by SPC who stated photograph was blurry. hotograph 23 depicting an' unidentified individual was identified as SPC (NFI) of his unit. Photograph 24 depicting an unidentified individual was identified as SPC NFI) of his unit. 63c-Siklim.T Photograph 25 depicting an unidentified individual was not identified due to the mask covering the face. Photo ra h 26 depicting an unidentified individual was identified as SGT111111111P(NFI) of his unit. lac-e'l it -5 SPC ndicated he was aware of the investigation in Iraq involving U.S. soldiers and felt they went overboard in their duties and he was already aware under the Geneva Convention through prior training that you couldn't photograph prisoners or detainees. SPC 11111=1" could not provide any further information pertinent to this investigation and when asked if he was willing to put this interview in a sworn statement, he declined. 1..,.___SLi.i -V At 0945, 16 Jul 04, the undersigned executed a consent to search, provided by SPC IMMMIPof his Barrack's Room, flIMMIENIIIIMFDNY. A search of the barrack's room met with negative results in the identification of evidence pertinent to this investigation (See Consent to Search for details). ///Last Entry/l/ TYPEDAGENTSNAMEANDSEQUENCENUMBER SA - 1 66--4 ORGANIZATION .62nd MP Det (CID), 3rd MP Grp, USACIDC, Fort Drum, NY 13602-5013 AwrE • EXHIBIT 16 Jul 04 FCRFOFFICIALE SEtON L Y 0 L LAW ENFORCEMENT SENSITIVE DODDOACID 006305 r a a urrlupinh vv.. AW ENFORCEMENT SENSITIVE 33- 04-CID452 - 13 382 AGENT'S INVESTIGATIVE REPORT CID Regulation 195-1 • PAGE 1 OF I moss At 1107, 20 Jul 04, SA Interviewed DE-JAILS RN* Co, 2/22 Infantry C - Battalion, FDNY 13602, who related he was new to the unit only a couple of weeks and was deployed to Afghanistan, His platoon arrived around August 2003 time frame and was based out of Kandahar International Airport and his position was automatic rifleman. SPCIIIIIIIIPrelated his platoon went to Bagram Air Base about half way through his nine month deployment for only two weeks and returned to Kandahar for the remainder of the mission. SPC 1111111, related while in Bagrarn for the two weeks his platoon did guard PUC' (detainees) at the facility named Argun-e. He related he did not witness or participate in any detainee abuse while his platoon was at Orgun-e. SPC did not recognize any of the soldiers or was aware of the location of the photographs taken. He further related he was only aware of the RPG attack at DRW by word of `mouth from fellow soldiers in his platoon (See Sworn Statement of SPC 1111111111Pfor details).///LAST ENTRY/Il ORGANIZATION 62., Military Police Detachment (CID), 3rd MP Group (CID) Fort Drum, New York 13602 EXHIBIT 20 Jul 04 DATE CID FORM 94- . FOR OFFICIAL USE ONLY 1OGi 93 PROTECTWE MARKING IS EXCLUDED FROM AUTOMATIC TERMINATION Van 14 AR 3411-15) (Whorl DAM In Entered) FUR OFFICIAL USE ONLY LAW ENFORCEMENT NEHRU! YE DODDOACID 006306 F ns UttilbfAs UDC 011k1 s u EVDRCENEIT SENSITIVE 46$ 3 04 -CID 452 - 5302 SWORN STATEMENT For pas pf this tam, 503 AR 190-45: The proponent agency of the Deputy Chief oL Staff for Personnel. DATI20 04 [VIM . . FILE iDNBER 1- \ID 7 gm 0133-04-cit452,63629 ORGANIZATION OR ADDRESS B Co/ 2-22 Infantry Battalion tort Drum , New York 13602 want to wake the following statement Under oaths arrived in Afghanistan in Augmst 2003 and was with B CO, 2/22 INF BN based in Kandahar, Afghanistan. My job was an Automatic Rifleman and'was assigned to• first platoon. I had only been with the unit a couple of weeks before being deployed to Afghanistan. We were • based at tent city #DS, which was located at Kandahar International Airport (KAF). My platoon was located in Kandahar until about half way through our nine month deployment and we then moved to Bagram Air Base,_ Afghanistan for two weeks for Operation Mountain Resolve. After Operation Mountain Resolve we moved back to KhF for the remainder of our deployment. I was not located near DRW, but heard through my fellow soldiers three soldiers in .a tower were pulling security and an RPG hit a guard tower. The RPG was fired from the Afghan checkpoint. I was informed the soldierB were .injured and had to be medically evacuate Q: SA 1111111..Ple'9-C# -ii , A: SPC MEP 141.L.leth•I Q: What type of camera did you use during your deployment? A: I had a digital camera, brand name FUJI film. Q: What were your dutiea while deployed to Afghanistan? A: I was an automatic rifleman. Q: Did you ever see any detainees get kicked, hit, or inhumanely treated while in U.S. Custody? . A: No. lac 'CIAD6-.6.--- Q: Can you describe what is depicted in photographs 3/1 through 3/4? A: in photograph 3/1 SSG and SFC are in the picture, but I'm not sure what the building is or where their located. I an unsure of the time frame from the picture. Photographs 3/2-3/4 are of soldiers of which I'm not sure what they are doing are or what unit they belong to. Q: Can you describe what is depicted in photographs 3/5, 3/6 and 3/7? Al Looks like a soldier PUC'd, or detained. I don't know the soldier depicted in the picture. Looks like the same soldier with water dumped on him. This is another picture of the same event. Q: Can you describe what is depicted in photograph 3/8? A: It looks like a couple of PUC's with a US soldier pointing a gun at the PUC's, known as a detainee. I'M not sure who the Soldier is. He could be pulling security. 0: What was the weapon's status for the guards in the PUC cage? . A: They used their assigned weapon and the rounds were in the magazines, but not in the chamber. LAST NAME, FIRST NAME, NI' fac-ti t icE.-g LOCATION Fort Drum, Now York SOCIAL SECORiTY NISIBLEARJK44 11111111111r04 GRAPE/STATUS X4/RA -• EXHIBIT INITIALS OP PER • ING STATEMENT PAGE of3 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.. WREN ADDITIONAL PAGES ARE UTILIZED, THE BACH OF PAGE I WILL BE LINED OUT, AND THE STATEMENT_WI,LL CONCLUDED OR TRU REVERSE OF ANOTHER COPY OF THIS FORM. U t A c FOR OFFICIAL USE ONLY LAW ERFORtEACIIT MOTIVE DODDOACID 006307 Alk.min FUR OFFICIAL !1St MI MPAII ENFORCEMENT SENSITIVE - 0 4 -CID 452 -631329 STATEMENT OF SPC AKEN AT CID OFFICE, FDNY DATED 20 Jul 04 CONTINUED. Q: Can you dektibe what is depicted in photographs 3/20 and 3/21? A: I don't know who is depicted in the photograph. Q: How did the guy in th6 photographs die? A: I Don't know. Q: DO you know who shot and killed the guy? A: No. Q: Can you describe what is depicted in photograph 3/22? A: No Q: Can you describe what is depicted in photograph 3/23? A:. No. Q: Can you describe what is depicted in photograph 3/24? A: No. Q: Can you describe what is depicted in photograph 3/25? - A: No. Q: Can you describe what is depicted in photograph 3/267 A: No, Q: Do you know who might have taken any of the photograph's you have just viewed? No. Q: Do you know where the photographs were taken at in Afghanistan? A: No. Q: Were any SOP's in place about handling of detainee's by your unit or the command? A: I can't recall. I know we guarded detainees for a couple of hours and switched with fellow soldiers. Q: How loin were detainees kept at your location? A: We were only there two weeks at Orgun-e, Afghanistan and the detainees were already at the detainee facility.' Q: How would you describe the living condition's at the detainee facility at your location?• A: They lived in cages made of fence material. They had all the facilities necessary. Q: Did you participate in any detainee abuse? A: NG. Q: What were the Rules of Engagement (ROE) during your mission? A: If they posed an immediate threat you could use equal force. Q: Were you updated periodically on the changing ROE's? A: Yes. Q: What was the grid location of your Camp in Afghanistan? A: I don't know. 111111110 Page 2 of 3 uf,/ .133 FUR OFFICIAL USE .ONLY LAM ENFORCEMENT SENSITIVE DODDOACID 006308 VirrrN1gMES , ORGANIZATION OR ADDRESS ORGANIZATION OR ADDRESS Article 136, now Na STATEMENT) suBpamann AND SWORN BEFORE ME, A PERSON BY LAW TO ADMINISTER OATHS, TRIS 20th DAT 01 Jul. AT TartlituITY gOri • A. 4, (Signature o • 80n SA (BIWA (Name of Parson Administering Oath) FOR OFFICIAL IiBi ORLY . 04 -C1 13 4 5 2 -63629 LAW ENFORCEMEST. SENCITIVE DA FORM 2823 (AuTown) - - 106-ii sTATemsta OF SPC TAXENAT Fort Drum: NY DATED 20 Jul 04 CONTINUEDI Q: Did the unit initiate a 15-6 investigation documenting all Soldiers deaths or attacks on units bases, convoys etc? A: I not sure what you mean. Q: Do you have anything else to add to this statement? ' A: No.MEND OF STATEMENT//4111 (pc,-416G-li 61c-(41106-41 AFFIDAVIT HAVE READ OR NAVE HAD READ TO ME THIS STATEMENT I. waxcx BEGINS ON PAGE 1 AND ENDS ON PAGE S. I FULLY UNDERSTAND THE CONTENTS OF TEE ENTIRE STATEMENT MADE EV ME. THE STATEMENT IS TRUE. X RAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFI TO R REWARD, WITHOUT THREAT OR PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT . k4R4( INITIALS OF PERSON MATING STATEMENT'--, fr 111116* " .FOR OFFICIAL USE ORLY tAV ERMREEMSKT SENGI/IVE DA FORM 2823 (AUTOMATED) (Authority to Administer Oath) 1 FAMES 3 07 3 PAGES EXHIBIT aa- DODDOACID 006309 CID Regulation 1954 PAGE 1 OF I PAGES Rol NUMBER: AGENT'S INVESTIGATIVE REPORT •0079-04CID342 ORGANIUMN Carlisle Barracks Resident Agency Carlisle, PA 17013 DATE .„ 7 • AOR OFFICIAL us uout, LAW ENFORCEMENT SENSITIVO DETAILS BASIS FOR INVESTIGATION: AbOut 0900, 20 Jul 04, This office receivecP&Requeat E or Assistance (RFA), from the Fort Drum Resident Agency, Fort Drum, NY 13602 requesting this office fully C 28310 Identify and interview PFC /1111111111MMINOPININIMIID4,421st Field Artillery, Fort Bragg, N for Assaulting a detainee, while deployed to Afghanistan. L°1-f--51C7.6-5-- About 1620, 2 Aug 04, SAS advised PFC his rights, which he waived and rendered a sworn statement. PFC80.1111111.stated he never assaulted any detainee, while deployed to Afghanistan. (See waiver certificate and sworn statement for details) Agent's Note: PFC was asked to allow consent to search of his personal belongings as he was on leave in Philadelphia, PA. There was nothing of evidentiary - value to search.//l/LAST ENTRY/// TYPED AGE 'S NAME SA &GNAW D SEQU CE NUMBE.R CIO FORM 94 • i FEB 77 DODDOACID 006310 FOR OFFICIAL USE ONLY S L 'V I-INFO ;SEN SIT • RIGHTS WARNING PROCEDUREANAIVER CENTIFICAJE ... • For use of this form, sea AR Iso-30; the proponent agency is ODCSOPS 7 9 — 0 4 --CID342- DATA REQUIRED 111Y AUTHORITY: Title 10, United.States Code, Section 3012(9) PRINCIPAL PURPOSE To provide commanders and law er)1OrcaMOnt officials ROUTINE USES: Your Social S ecurity Number is used as an additional/alternate DISCLOSURE: Disclosure of your Social Security.Number is voluntary. . . 1. LOCATIA.1 i / / '. - 4V15.- -de ,. A. `Q p/1 illr MINITIA.IWIMIIMIIIMIF&X.I:loird.11111111 ilir, MNIIIIIIIP-1142 ,1111111 7. ....GRA.DE/. ATUS FC i A THE PRIVACY ACT • . , • with means by which information may be accurately identified. means of identification to facilitate, filing and retrieval, • • - '15-- 2. DATE '3. 114E . FILE NO, '6.9 AV I .,/ ,4,10 A OR ANIZATION ORfiCIOREb9. Li . • 3/.?„:7( ,z7;'elof .4-1, ?1/4'bry • d7- ger • / i ,If/p PART I • RIGHT WAIVER/NON-WAIVER CERTIFICATE . ' . Section A. 'Rights • . • - • The investigator pose name appear told me !fiat ha/she Is with the United Slates Al AA alt....)e. r ,. . ,...„6 Army 1,e/rfuetftiei0-4"7-3. ..^cArri and wanted In question rroo e about the Wowing ofte6sefei of which I am suspect- deter:heads. r adl affrni iralikRe4 Mr '3....., . ._ /// =o ore tie/;he asked me any gtiestion3 abet!! I a olfensers), however, ha/she made ii clear to me hat I have the tour:swing rights:, - . I. I do not have lo answer any questions or say anything, . , Anything I say or Miran be used as evidence against me in a criminal tidal. . • . (For personnel subject to the UCA4J) I have the right . re talk privately to a lawyer before, during, and rifler questiOning and lo hove a lawyer presanl with ma during questioning. This lawyer earl be a civilian lawyer I arrange Inc at no expense to the Government or a military lawyer detailed for me at no expense to ma, or both. - dr - (kir civilians not subject to the UCA1.4 I.have the right lc talk privately to e lawyer belora, during, and after questioning and to have a lawyer present with me ..,... during questioning. I understand that this lawyer can be one thd1.1 ar ra nge for at my own expense, or III cannot alford.a lawyer and want one, a lawyer will be appointed for me before any questioning begins. - if I am now Wining to discuss the of tomtits) under investigation, with or without a lawyer Present. I have a right to slap answering questions al any dale, or speak Privately with a lawyer bolero answering further, even If t sign the waiver below. . . 5. COMMENTS (Continue on reverse side) - - • Section R. Waiver I understand my rights as stated above. I am now wilting to discuss the afienseist under Investigation and make a statement without talking to a laifyie first and without having a lawyer present with me, WITNESSES Of available) fa. NAME (Type or Print) • . b. ORGANIZATION OR ADDRESS AND PHONE - . U.-4.42ALAINaaz.ffl• • .., f ,.. • . i...-41,irr3s-rommieffin -101‘...4461 I . S. TY D NA .E OF INVEST* TOR Irciftk-f ti. ORGANIZATION OR ADDRESS AND PHONE. a. ORGANIZATION OF INVESTIGATOR . e c..a_k i ke ---,i:.91,1/41taatCr.- ' . ci t...- • - &1e. . A t 70( : Section C. Non-waiver . 1. I do not want to give up my rights: • ,..; • .C) 6 fr 3136 0 t want a lawyer. • 0 I Eh) not want la hia,qt.14M1011.41Ci or say anyt....ng. . : .- . •- n - ,•r•.1c1,•76 2. SIGNATURE OF INTERVIEVJEE . 0.1.1,,'4i . , :•,, It , go.j., 0. A.i, ::.1,...4- , I.:'',.s A -..: I. t. i: • i. !i, 4.- ATTACH THIS WAIVER CERTIFICATE TO ANY SWORI+.1 - ' SIATEMEIIr(DA-FORA4 21129) SUtdE• - 3 Ito BY THE SUSPECT/ACCUSED. DA FORM aniii !Arm no DODDOACID 006311

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2406
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66