Court-Martial: First Lieutenant Glenn A. Niles, Jr. Vol. I of II (Verbatim Record of Trial Included)

RED CTED
COPY

03319 6
POURT4/1ARTIAL RECORD'
• NAmE.NzLE.s CLEAIN A A./I LT SSN 111111111111M_
ACTIONS CODED: ASSIGNED. TO: INITIAL PANEL • ACCA.. -E4UVIV i-. FINAL -\CcA C-Le gl oP CoLL.R.T COMPANION(S): •
RETURN THIS FILE TO: OFFICE OF THE CLERK OF COURT US'ARMY JUDICIARY 901 NORTH STUART STREET, SUITE. 1200 • • ARLINGTON, VA. 22203.4837 •
AD INISTRAMe `caminumommisExaminer Clerk of Courts Office OF IZ VOL(S) ARMY­2 0 0 4 0 6 8 3 C C . C c

JALS-CC FORM 24, tOCTOI1R.2000 .
C33197
MAR 8 2005
Fassler C

VOL I of II
ORIGINAL COPY
VERBATIM'

RECORD OF TRIAL2
(and accompanying papers)
OF
NILES, Glenn A., Jr.

First Lieutenant

(NAME: Last, First Middle Initial)/(Social Security Number)/ (Rank)
615th Military
Police Company US Army APO AE 09114

(unit/Command Name) / (Branch of Service)/ (Station or Ship)
BY
GENERAL COURT-MARTIAL

emqvump BY COMMANDING GENERAL

(Title of Convening Authority)

Headquarters, Seventh ArmY Training Comand

(Unit/Command of Convening Authority)
TRIED AT
Wuerzburg and Vilseck, Germany', . ON 9 Jun and 1 Jul 04

(Place or Places of Trial) / (Date or Dates of Trial)
COMPANION CASES:

011r ).1.-114YSR
A):1V 13 1
3
CO
Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) See inside back cover for instructions as to preparation and arrangement.
DD FORM 490, MAY 2000/ PREVIOUS EDITIONS ARE OBSOLETE. E FRONT COVER
2 0 0 4 0 6 8 3

/
.

CHRONOLOGY SHEET' .
In the case bf ..
/ First Lieutenant Glenn A. Niles, Jr.
(Flank and Name of Accused)
Date of alleged commission of earliest offense tried: / 30-Jul/ 2003
(Enter Onto)
Date record forwarded to The Judge Advocate General: 2/.Pc.(,O
'03
OW5---
(Enter bate)/
•
•
111311.111.111.111111111.11111111111111110.1411.1"/".11.01111111. .4111111111.111161,r
(signature and rank of Staff Judge Advocate or Legal Officer)
1 In a case forwarded to The Judge
CUMULATIVE
Advocate General, the staff Judge ACTION
ELAPSEDDATE..
advocate or legal officer Is responsible for
.
completion of the Chronology Sheet. Trial /1. 2003 DAYS 3

Accused placed under restraint by military
counsel should report any authorized
deductions and reasons for unusual delay authority 4
In the trial of the case.

2. Charges preferred (date of affidavit)
30-Sep-03
2 Or officer conducting review under Article 3. Article 32 investigation (dato of report) 664(a)(MCM, 1984, RCM 1112).
19-May-04 232
4. Charges received by convening authority
2-Jun-04 246
3 In computing days between two dates, 5. Charges referred for trial
disregard first day and count last day, Tho / 2-Jun-04
246
actual number of clays in each month will
6. Sentence or acquittalbe counted.
1-Jul-04 275
/ N.) i/i , ,O. 4,
4 Item 1 is not applicable when accused Is Loss days: vie"'Oqr,F
' O,
P 6O'
not restrained, (see MCM, 1984, RCM
Accused sick, In hospifaL or AWOL
304) or when he/she is in confinement 0 3!) A„ 4,1 ,,O,fOz,O, under sentence or court- martial at time Delay at request of defense 164 i '/i,
i,4 ',.,lt ' i
charges are preferred. Item 2 will be the 6Total authorized deduction 164 "/,O. Y., )1 ; ,' pv Prft
zero date if item 1 Is not applicable. •Os;/i.
7. Net elapsed days to sentence or acquittal , ?4!, ,f /f4i. yg ii; 111
8. Record received by convening authority
30-Nov-04 263
5 May not be applicable to trial by special
.
court-martial.
Action 7
10-Feb-05 335
9. Record received by officer conducting review under Article 64(a) 6 Only this Item may be deducted.
7 If no further action Is required, Items /1 Action e
to 8 will be completed and chronology
signed by such convening authority or
his/her representative.

8 When further action is required under
Article 64 or service directives.

REMARKS
Defense Delay: 14 days. (Defense delay from 18 Oct -1 Nov 0411mOIR/Mallaill)
88 days (Defense delay from 1 Nov 03 - 28 Jan 04)
27 days (Defense delay from 30 Mar - 26 Apr 04 / )
24 days (Defense delay from 17 Apr -11 May 04 / )

11 days (Defense delay from 3 May - 14 May 04 1111.111.111.1..111.1.1.1. (AR 27-20 para 5-40b(2))
Number of days from initial investigation of most serious arraigned offense to the date of arraignment:
307 days. (7 Aug 03 - 9 Jun 04) (AR 27-10, Para 5-40b(1))

rN ^3119
to u
r-lr, mr-IrDrin Ann KA/kW nnnn
Inside of Front Cover
DOD 001936

IN THE UNITED STATES ARMY
FIFTH JUDICIAL CIRCUIT

UNITED STATES
v.
POST-TRIAL AND GLENN A. NILES, JR. APPELLATE RIGHTS

First Lieutenant, U.S. Army 30 June 2004
615th Military Police Company

APO, AE 09114
I, 1LT Glenn A. Niles, Jr, the accused in the above-entitled case, certify that my trial defense counsel has advised me of the following post-trial and appellate rights in the event that I am convicted of a violation of the Uniform Code of Military Justice:
1.
In exercising my post-trial rights, or in making any decision to waive them, I am entitled to the advice and assistance of military counsel provided free of charge or civilian counsel provided by me at no expense to the Government.

2.
After the record of trial is prepared, the convening authority will act on my case. The convening authority can approve the sentence adjudged (as limited by a

. pretrialagreement), or he can approve a lesser sentence, or disapprove the sentence entirely.
The convening authority cannot increase the sentence. He can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case forlegal errors, but may take action to correct legal errors.
3. I have the right to submit any matters I wish the convening authority to consider in deciding what action to take in my case. Before the convening authority takes action, the staff judge advocate will submit a recommendation to him. This recommendation will be sent to me and/or my defense counsel. Any matters that I wish the convening authority to consider, or matters in response to the Staff Judge Advocate's recommendation must be submitted within 10 days after I or my counsel receive the recommendation of the staff judge advocate, whichever occurs later. Upon my request, the convening authority may extend this period, for good cause, for not more than an
additional 20 days.
4.
If a punitive discharge or confinement for a year or more are adjudged and the convening authority approves the discharge or confinement for a year or more, my case will be reviewed by the Army Court of Criminal Appeals (USACCA). I am entitled to be represented by counsel before such court. If I so request, military counsel will be appointed to represent me at no cost to me. If I so choose, I may also be represented
by civilian counsel at no expense to the United States.
5. After the Court of Criminal Appeals completes its review, I may request that my case be reviewed by the Court of Appeals for the Armed Forces. If that Court reviews my
1•17•¦••¦•¦•.1.0

A&"*-1)(
2 0 0 '4 068:4

case, I may request review by the Supreme Court of the United States. I would have the same rights to counsel before those courts as I have before the USACCA.
6. If the Court-Martial does not adjudge or the Convening Authority does not approve either a punitive discharge or confinement for a year or more, my case will be examined by the Office of the Judge Advocate General for any legal errors and to determine if the sentence is appropriate. The Judge Advocate General (TJAG) may take corrective action as appropriate. This mandatory review under Article 69(a), UCMJ,.will constitute the final review of my case unless TJAG directs review by the Army Court of Criminal
Appeals.
7. I may waive or withdraw review by the appellate courts (subparagraph 4, above) or the Office of The Judge Advocate General (subparagraph 5, above) at any time before such review is completed. I understand that if I waive or withdraw review:
a.
My decision is final and I cannot change my mind.

b.
My case will then be reviewed by a military lawyer for legal error. It will also be sent to the general court-martial convening authority for final action.

c.
Within 2 years after the sentence is approved, I may request the Judge Advocate General to take corrective action on the basis of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over me or the charged offense, any error prejudicial to my substantial rights, or the appropriateness of the sentence.

8. I understand that IAW Article 57(a), U.C.M.J., any forfeiture and/or reduction that was part of my sentence will take effect 14 days from the earlier of either a) the date the sentence was imposed, or b) the date the Convening Authority approves the sentence. I understand that under Article 57(a), I can, through my attorney, request that the application of these adjudged punishments be deferred by the Convening Authority until
the date the Convening Authority approves the sentence.
9. I understand that JAW Article 58b, U.C.M.J., if this court-martial sentenced me to either a) any confinement and a punitive discharge, or b) any confinement in excess of six months, I will automatically forfeit all my pay and allowances during my confinement. I understand that under Article 58b, I can, through my attorney, ask that the Convening ' Authority defer these automatic forfeitures until the convening authority takes action on my sentence. In addition, my attorney may request that the Convening authority waive this automatic forfeiture for a period not to exceed six months, but only if the following
two conditions are met:
a.
I have dependents; and

b.
The Convening Authority directs that the pay and allowances I would otherwise get would be paid not to me, but to my dependents.

10. I understand that if my court-martial sentence included a punitive discharge, I can request an exception to policy to have my family's household goods shipped at Government expense. (Note: Family members residing in USAREUR under command sponsorship will have household good shipped at government expense without the need
for an exception to policy.)
/
033201
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2 0 0 4 0 6 8 3
11.
I understand that if my court-martial sentence included confinement, I can request that the Convening Authority defer (that is, postpone the start of) my confinement. I understand that it is my burden to show that my interests and those of the community in release outweigh the interests of the community in confining me.
12.
I have read and had my post-trial rights explained to me by counsel and I
acknowledge these rights and make the elections set forth below, as reflected by my
ini '.Is where appropriate.
a.
I understand my post-trial and appellate review rights.

b.

I request that a copy of the authenticated record of trial be served on myself
p r' uant to RCM 1104(b); I also request that a separate authenticated copy of the record of trial be served on my military counsel (and civilian counsel, if appropriate) pursuant to RCM 1106(f)(3). I request that individual copies of the Staff Judge Advocate's post trial recommendation be served on by both myself and my defense.
cou • el pursuant to RCM 1106(f).
,,, c. My defense counsel1111111111111111.1111., will submit R.C.M. 1105
ifli rs in my case.
.. f i , d. I want to be represented before the Army Court of Criminal Appeals by Ap•: slate Defense Counsel appointed by the Judge Advocate General of the Army. I und rstand that I may contact my Appellate Defense Counsel by writing to Defense Appellate Division, U.S. Army Legal Services Agency (JALS-DA), 901 North Stuart Stre 't Suite 1200, Arlington, Virginia 22203-1837.
e.
I have been informed that I have the right to retain civilian counsel at my expe r se. I do not have civilian counsel at this time. Should I later retain civilian counsel, I will furnish the above information to: Clerk of Court, U.S. Army Judiciary (JALS-CC), 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837.

f.
If applicable, I (do) (do not) /

want my attorney toask the Convening Authority to defer
e application of my adjudged forfeitures and/orreduction in Article 57(a) as describe
in paragraph 8 above.
g. If applicable, I (do) (do not) /want my attorney toask the Convening Authority to defer
r waive the automatic forfeitures in. Arti .cle 58b asdescribed in paragraph 9 above.
h. If applicable, I (do) ,„1/1 /(do not) /
want my attorney to ask the Convening Authority for an -x feption to policy to ship my family's household goods at Government expense, as described in paragraph 10 above.
i. If applicable, I (do)
lield kw. (do not) /
want my attorney toask the Convening Authority to de -r y confinement, as described in paragraph 11above.
u 33202
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2 0 0 4 0 018 3
13. I understand that if my sentence included either a Bad Conduct or Dishonorable Discharge but no confinement, I can immediately request to be placed on voluntary excess leave (VEL) until the Convening Authority takes action on my case. I understand that if my sentence included either a Bad Conduct or Dishonorable Discharge and any confinement, I can request to be placed on VEL at the completion of my confinement until the Convening Authority takes action on my case. If my request is
granted and I am placed on VEL, I understand that:
a. My accrued leave will be used until exhausted, and then I will be in a VEL
status;
b.
While in a VEL status, I will not receive any pay or allowances, nor will Iaccrue leave;

c.
While in a VEL status, I will not be entitled to travel on a space availablebasis; and

d.

I will be completely processed for discharge from the Army and, if requested, will receive a separation physical prior to my departure on VEL. I understand that there is no entitlement to physical disability retired pay should I incur a physical disability while
in a VEL.
14. I understand that if my sentence included a Bad Conduct or Dishonorable Discharge, when the Convening Authority takes action on my case, I will be placed on involuntary excess leave (IEL) until the completion of the post-trial and appellate process in my case. If I am placed on IEL, I understand that same restrictions as listed above for
VEL apply.
15. Pending appellate action on my case, !can be contacted, or a message may be leftfor me, at the following address:
Name: O
Street: O
City, State, Zip: O
Area Code & Telephone: O
E-mail Address (if any) O
Permanent Address (if different from above)
Name:
Strep
City, State, Zip:
11
Area Code & Telephone:
033203
page 4 of 5
2 0 0 4 0 6 8 3
If I cannot be reached at either address above, please contact the following individual(s),
who are most likely to have means of contacting me:
Name: O
Street: O
City, State, Zip: O
Area Code & Telephone: O Email Address (if any)
DATE:
A. IL S 1LT, MP Accused
.

I certify that I
have advised 1 LT Glenn A. Niles, Jr., regarding his post-trial and appellate rights as set forth above, that he has received a copy of this document, and that he made elections concerning appellate counsel. IAW R.C.M. 1106(f)(3), I request a copy of
the record of trial.
MUM
Date: ‘0O01/-Defense Counsel
‘''''320 11
page 5 o 5
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1. OJAG NUM13ER

COURT-MARTIAL DATA SHEET

2. NAME (Last, First, Middle Initial) 3. SOCIAL SECURITY NO. 4. RANK 5. UNIT/COMMAND NAME NILES,GJr. 615 th MP Co, APO AEG
Glenn A.,G1LT 09114

INSTRUCTIONS

When an item is not applicable to the record of trial being reviewed, mark the proper block with a
diagonal line similar to the ones which appear in the SPCMCA blocks for items 6a and b.

KEY TO USE
TC - Trial Counsel. This column will be GCM_ or JA - General Court-Martial OJAG - Appropriate appellate agency in the Office completed in all cases in which a finding Convening Authority or Judge of The Judge Advocate General of the branch of of guilty is returned. Advocate. This column will be service concerned. This column will be disregarded
completed in any case in which the if a record of trial was reviewed under Article 64, SPCMCA - Special Court-Martial record is forwarded by the commander UCMJ, and in cases where there are no approved Convening Authority who is not exercising general court-martial findings of guilty. empowered to convene a general court-jurisdiction to The Judge Advocate martial. This column will be completed General of the branch of service References - All references are to the Uniform Code in each special court-martial case by the concerned. If the record is reviewed of Military Justice (UCMJ) and the Manual for Courts SPCMCA or his/her designated under Article 64(a), UCMJ, this Martial, United States (MCM), 1984. representative. column will be completed by the judge
advocate accomplishing the review TC SPCMCA GCM or OJAG SECTION A — PRETRIAL AND TRIAL PROCEDURE JA YES NO YES NO YES NO YES NO
6. a. If a general court-martial: Was the accused represented in the Article 32 investigation by civilian or military counsel of his/her own selection or by counsel qualified within the meaning of Article 27(b), UCMJ? X X
b. If not: Did the accused waive his/her right to such representation? N/A N/A N/A N/A
7.
Docs the record show place, date, and hour of each Article 39(a) session,
the assembly and each opening and closing thereafter? X X

8.
a. Are all convening and amending orders of courts to which charges were
referred entered in the record? X X

b.
Are court members named in the convening orders, detailed military judge (if any), counsel and the accused accounted for as present or absent? X X

c.
Was less than a quorum present at any meeting requiring the presence of court members (RCM 805))? X X

d.
Does the record show that after each session, adjournment, recess, or closing during the trial, the parties to the trial were accounted for when the X X court reopened (A13-5)?

e.
If the military judge or any member present at assembly was thereafter absent, was such absence the result of challenge, physical disability or based N/A N/A N/A N/A on good cause as shown in the record of trial (RCM 505(c)(2)(A))?

9.
Were the reporter and interpreter, if any, sworn or previously sworn? X X

10.
a. Was the military judge properly certified (RCM 502(c))? X X

b.
Was the military judge properly detailed (RCM 503(b))? X X

c.
Was the military judge present during all open sessions of the court? X X

11. a. Was the accused advised that:
(1) He/she had the right to be represented free of charge by a military lawyer of his/her own selection, if reasonably available, in which case detailed X X counsel might be excused (RCM 506(a))?

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DI) FORM 494, OCT 84, Page 1 Previous editions are obsolete.
0O'f 0 6 8 3
COURT-MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION A — PRETRIAL AND TRIAL PROCEDURE JA
(CONTINUED) YES NO YES NO YES NO YES NO
(2) He/she had the right to be represented at the trial by a civilian lawyer
provided at no expense to the government, in which case detailed counsel X X
would serve as associate counsel or be excused with the accused's consent?
(3) If he/she did not exercise any of the rights listed above, he/she would be X X
defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))?
b. (1) Was the accused represented by a civilian lawyer? X X
(2) Did the accused request a specific military counsel?
(3) (a) If so, was such request complied with? . N/A N/A N/A N/A
(b) If not, were reasons given why requested counsel was not
reasonably available? N/A N/A N/A N/A
12. a. Was the detailed defense counsel properly certified (RCM 502(d))? X X
b. Was at least one qualified counsel for each party present during all
open sessions of the court (RCM 502(d) and RCM 805(c))? X X
13. a. If the special court-martial adjudged a BCD:
(1) Was a military judge detailed to the court (RCM 503(b))? N/A N/A N/A N/A
(2) If not, did the convening authority submit a statement indicating
why a military judge could not be detailed and why trial had to be held at that time and place (Article 19, UCMJ)? N/A N/A N/A N/A
(3) Was a verbatim transcript made (Article 19, UCMJ)? N/A N/A N/A N/A
14. Did any person who acted as the accuser, investigating officer, military
judge, court member, or a member of the defense in the same case, or as
counsel for the accused at a pretrial investigation or other proceedings X X
involving the same general matter, subsequently act as a member of the
prosecution (RCM 502(d)(4))?
15. If any member of the defense had acted as a member of the prosecution in the same case, was he/she excused (RCM 502(d)(4))? N/A N/A N/A N/A
16. a. If any member of the defense had acted as the accuser, investigating
officer, military judge, or member of the court, were his/her services expressly requested by the accused (RCM 502(d)(4))? N/A N/A N/A N/A
b. If not, was he/she excused? N/A N/A N/A N/A
17. a. If accused was an enlisted person, did lie/she make a request that
enlisted persons be included in membership of the court? N/A N/A N/A N/A
b. If so, were at least one-third of the members who tried the case enlisted
persons, or did the convening authority direct the trial without enlisted
persons and provide a detailed written explanation which is appended to the
record (RCM 503(a)(2))? N/A N/A N/A N/A
c. Did any enlisted member of the court belong to the same unit as the accused? N/A N/A N/A N/A
18. If a military judge was detailed to the court, was the accused informed of
his/her right to request trial by military judge alone? X X
19. Were the members of the court, military judge (if any) and the personnel
of the prosecution and defense sworn or previously sworn? X X
20. a. Was any person sitting as a member of the court, or military judge (if
any), the accuser, a witness for the prosecution, the investigating officer, staff
judge advocate, counsel, or convening authority, or upon rehearing or new X X
trial was he/she a member of the former trial (RCM 902(b) and RCM 912(0)?
b. If so, did the accused waive such disqualification (RCM 912(0(4) and
RCM 902(e))? N/A N/A N/A N/A

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COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION A — PRETRIAL AND TRIAL PROCEDURE JA
(CONTINUED) YES NO YES NO YES NO YES NO
21. a. Was each accused extended the right to challenge military judge (if
any), and any member of the court for cause and to exercise one peremptory X X
challenge?
b. Was action by court upon challenges proper (RCM 902 and RCM 912)? X X
c. Does the record show that a member excused as a result of a challenge •
withdrew from the court? X X
22. a. Was the accused properly arraigned (RCM 904)? X X
b. Do the following appear in the record: The charges and specifications,
the name, rank and unit/command name of the person signing the charges; X X
the affidavit, and the order of reference for the trial?
c. Except in time of war, was the accused brought to trial (which includes
an Article 39(a), UCMJ session) by general court-martial within five days (by X X
special court-martial within three days) subsequent to service of charges upon
him/her (RCM 602)?
d. If so, did the accused object to trial? 23. a. Were any charges or specifications affected by the statute of limitations N/A N/A N/A N/A
(RCM 907(b))? X • X
b. If so, was accused advised of his/her right to assert the statute and was
his/her response recorded (RCM 907 b ? 24. Did the court take proper action with respect to motions raising defenses and N/A N/A N/A N/A
objections (RCM 905-907)? X X
25. a. Were pleas of accused regularly entered (RCM 910(a))? X X
26. Does the record show that all witnesses were sworn? X X
27. Did the military judge or president advise the court concerning the
elements of each offense, each lesser included offense reasonably raised by
the evidence, and the presumption of innocence, reasonable doubt, and X X
burden of proof, pursuant to Article 51(c), UCMJ (RCM 920(e))?
28. a. If trial was by military judge alone, did the military judge announce the
findings (RCM 922)? X X
b. If the trial was with members, did the president announce the findings
(RCM 922)? c. If special findings were requested, were they made a part of the record? 29. Were the findings in proper form (A10)? N/A N/A X N/A N/A N/A N/A X N/A N/A
30. a. Was the evidence, if any, of previous convictions admissible and
properly introduced in evidence (RCM 1001(b)(3))? b. Was the information from personnel records of the accused properly N/A N/A N/A N/A
admitted (RCM 1001(b)(2))? X X
c. Was the defense permitted to introduce evidence in extenuation and
mitigation after the court announced findings of guilty (RCM 1001(c))? X X
31. a. In a trial with members, did the president announce the sentence
(RCM 1007)? X X
b. If trial was by military judge alone, did the military judge announce the
sentence (RCM 1007)7 N/A N/A N/A N/A

/ CO3207
DD FORM 494, OCT 84, Page 3
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COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION A — PRETRIAL AND TRIAL PROCEDURE JA
(CONTINUED) YES NO YES NO YES NO YES NO
32. Was the sentence in proper form (All)? X X
33. Is the record properly authenticated (RCM 1104)? X X
34. a. Did all members who participated in proceedings in revision vote on N/A N/A N/A N/A
original findings and sentence (RCM 1102(e)(1))?
b. At proceedings in revision, were a military judge (if one was present at
the trial), the accused, and Counsel for the prosecution and defense present N/A N/A N/A N/A
(RCM 1102(e)(1))?
35. Was each accused furnished a copy of the record or substitute service
made on defense counsel (RCM 1104(b))? X X
36. Was clemency recommended by the court or military judge?. X X
GCM or
SECTION B — PROCEDURE AFTER TRIAL TC SPCMCA JA OJAG
YES NO YES NO YES NO YES NO
37. Was the court convened by proper authority (RCM 504(b))? X
38. Did the court have jurisdiction of person and offense (RCM 202 & 203)? X
39. Does each specification state an offense under the code (RCM 907(b))? X
40. Did the accused have the requisite mental capacity at the time of trial and X
the requisite mental responsibility at the time of the commission of each
offense (RCM 909 and RCM 916(k))?
41. Is the evidence sufficient to support the findings? X
42. Is the sentence within legal limits (RCM 1112(d)? X
43. Is the action of the convening authority properly entered in the record
and signed (RCM 1107(f))? X
44. If appropriate, is a proper place of confinement designated (RCM
1107(f)(4)(c))? N/A N/A
45. a. Was the staff judge advocate's post-trial recommendation served on
the defense -counsel for comment (RCM 1106(f)? X
b. If the addendum to the recommendation contained new matters, was
it served on the defense counsel for comment (RCM 1105(f)(7))? N/A N/A
c. Did the accused submit matters for the convening authority's
consideration in a timely manner (RCM 1105)? X
d. If yes, was the convening authority's action subsequent to the
submission of the matters? X
e. If no, did the accused waive in writing the right to submit matters and
was the action taken subsequent to the written waiver or did the time periods N/A N/A •
provided in RCM 1105(c) expire before the convening authority's action?
46. a. Does the record indicate that the accused was advised of his/her
appellate rights (RCM 1010)? X
b. Do the allied papers contain a statement indicating the desires of the
accused with respect to appellate representation in the event his/her case is X
referred to a court of military review?
c. Did the accused waive or withdraw appellate review and is the waiver
or withdrawal in proper form and attached to the record of trial (RCM 1110, X
A19 & 20)?

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L:J
COURT—MARTIAL DATA SHEET
TC SPCMCA GCM or OJAG
SECTION C — COURT —MARTIAL ORDERS (CMO) JA
YES NO YES NO YES NO YES NO
47. Does the initial CMO bear the same date as the action of the convening X
authority who published it?
48. Are all the orders convening the court which tried the case correctly cited X
in the CMO?
49. Are the accused's name, rank, SSN, unit/command name and branch of X
service correctly shown in the CMO?
50. Arc all the charges and specifications (including amendments) upon which the
accused was arraigned correctly shown in the CMO (RCM 1114)? X
51. Are the pleas, findings, and sentence correctly shown in the CMO (RCM 1114)?/ . X
52. Does the CMO show the date the sentence was adjudged? X
53. Is the action of the convening authority correctly shown in the CMO? X
54. Is the CMO properly authenticated (RCM 1114)? X
55. REMARKS:

/ CO3209
DD FORM 494, OCT 84, Page 5
?. 0 0 4 0 8 8 3
COURT—MARTIAL DATA SHEET

55./REMARKS/(Continued):
•

-/ .
56. TRIAL COUNSEL a. TYPED NAME (Last, First, Middle Initial) eall11111/11111110.111. b. RANK MO c. S/¦ ,,t TURE 57. CONVENINGCONVENING AUTHORITY OR HIS/IIER REPRESEN PAT /( . d. DATE SIGNED ... „../'b

a. TYPED NAME (Last, First, Middle Initial ) b. RANK c, SI/A ' URE d. DATE SIGNED
dmmomplimmil
H
58. STAFF JUDGE ADVOCATE OF GENERAL COURT-MARTI/CON EN G AUTHORITY OR REVIEWING JUDGE ADVOCATE
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. SIG A d. DATE SIGNED
11.1.111110.111.111111.16 OW c)
59. ACTION -
ACTION IN TILE OFFICE OF THE JUDGE ADVOCATE GENERAL
a.
ACTION:

b.
INDIVIDUAL COMPLETING DATA SHEET

(1) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED
S . ,-,
DD FORM 494, OCT 84, Page 6
2 0 0 4 0 6. 8 3

DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
APO Army Europe 09114

/
GENERAL COURT-MARTIAL ORDER 10 February 2005 NUMBER/ 9
First Lieutenant Glenn A. Niles, Jr. ipplipamso U.S. Army, 615th Military Police Company, APO AE 09114 (currently attached to Headquarters, Seventh Army Training Command due to the deployment of the 1st Infantry Division) was arraigned at Wuerzburg, Germany, on the following offenses at a general court-martial convened by the Commander, Seventh Army Training Command.
Charge I: Article 93: Plea: Not Guilty. Finding: Not Guilty.
Specification 1: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreat, a person subject to his orders, by striking him in the stomach with a closed fist. Plea: Not Guilty. Finding: Not Guilty.
Specification 2: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreat MIL a person subject to his orders, by striking him in the
stomach with a closed fist. Plea: Not Guilty. Finding: Not Guilty.
Specification 3: At or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003,
was cruel toward and did maltreat, a person subject to his orders, by kicking him in the
shoulder. Plea: Not Guilty. Finding: Not Guilty.
Charge II: Article 133: Plea: Guilty. Finding: Guilty.
Specification: At or near Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, while a platoon leader in the 615 th Military Police Company, and in the presence ofamilleria am and 111111111.10., wrongfully and dishonorably grab by the neck and strike him in the stomach with a closed fist, wrongfully and dishonorably strikellille in the stomach with a closed fist; and while being detained by wrongfully and dishonorably kick all in the shoulder, all to the disgrace of the Officer's Corps, and the Armed Forces. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 1 July 2004: To be reprimanded and to forfeit $1,003.00 pay per
month for 12 months.

003211
DOD 001948
GCMO No. 9, DA, HQ, Seventh ATC, APO AE 09114, dtd 10 Feb 05 (continued)
ACTION
The finding of guilty and the sentence is disapproved. The charge is dismissed. The adjudged
forfeitures were deferred effective 4 August 2004 until date of convening authority action.

BY COMMAND OF BRIGADIER GENERAL HERTLING:

DISTRIBUTION:
Record Set (1)
Reference Set (1)
Accused (1)
MJ mmumft (1)

MJ (eliMil.) (1 )
TC (0111111111.) ( 1 )

ATC 4111111111.11) (1)
DC (a/moro (1)
CDR, 615 MP Co, APO AE 09114 (1)
CDR, 1st ID, APO AE 09036 (1)
CDR, 7th ATC, APO AE 09114-8130 (1)
CDR, DET D, 38th PSB, APO AE 09173 (1)
CDR, DET A, 106th Fin Bn, ATTN: Debt Management
Unit 26210, APO AE 09036 (1)
Clerk of Court, (JALS-CCR), 901 N. Stuart Street, Suite 1200,
Arlington, VA 22203-1837 (10)
CDR, (TAPC-MSP), 200 Stovall Street, Alexandria, VA 22332-0400(1)
Professor of Law, United States Military Academy, West Point,
NY 10996 (2)

2

003212

DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA/ 10 February 2005
MEMORANDUM FOR Record
SUBJECT: United States v. 1LT Glenn A. Niles, Jr.
On 10 February 2005, Brigadier General Herding, GCMCA, Seventh Army Training Command, took action in the case of U.S. v. 1LT Glenn A. Niles, Jr. General Herding considered all matters submitted by the accused and defense counsel pursuant to R.C.M. 1105/1106. In addition to these matters, with defense consent, the convening authority also considered an email sent to him binge,on 9 February 2005 after the defense had submitted clemency
matters.
003213
2 0 0 4. 0 0 8 3
nn LAcmency: ILI 1" 'S/
Page 1 of 2
i ID OSJA-Wuerzburg Law Center (41M111.1)
From:
11111111111.11111.0 1 LT 7ATC HQ1011111111111111@us.army.m11]
Sent:/Thursday, February 17, 2005 2:00 PM

To:/1111111111111M111161ID OSJA-Wuerzburg Law Center (NM
Subject: Request for Clemency: 1LT Nibs

/Original Message/
From:11111111.111111.1111110(709 MP Bn Commanding)
Sent: Wednesday, February 09, 2005 10:29 PM

To: /
7ATC HQ (1111011111@grecur.army.mil)
Cc: VINI/

7ATC HQ; imminft CSM (709 MP Bn CSM)*Mallepus.almy.mil)
Subject: Request for Clemency: 1LT Niles
Sir-
I believe there is a clemency packet enroute to your office for one of my officers.
I recommend you grant clemency for 1LT Niles.

1LT Niles was assigned as a PL in the 615th MP Co which was assigned to the 709th for OIF I. In July 2003, 1LT Niles
assaulted 2 criminals who were being held at the Al Taji IP Station after they destroyed the rennovations to the detention cell.
I suspended him from his duties, conducted a commander's inquiry, and forwarded my findings to my brigade commander.
The JAG grabbed a hold of it and it went forward to CJTF-7 where it was finally determined that the officer should be court­martialed. I believe this was based on the fact that the Abu Ghraib scandal had just broken in the press.

Reagrdless, 1LT Niles was court-martialed last summer and I testified on his behalf.
I do not condone his actions but I do not believe that they were egregious enough to cause this officer to lose his commission.

I realize as the GCMCA you have the•responsibility to act in the best interest of the Army and US government as well as

consider the officer.

I wish I could tell you that 1LT Glenn Niles is the best MP PL I ever had, that is not the case. He is a good officer, I kept him
in Baghdad and had him serve as a battle captain in my TOC throughout our deployment. He learned a lot, grew as an officer,

and is a better person for the whole experience.
He has always taken responsibility for his actions - he never once failed to come forward and tell the truth. He understands
the seriousness of the offense, accepted his punishment at court-martial, and continues to soldier on.

He is currently the XO of the 615th MP Co at Graf. He is still one of my officers since I have C2 over all the 18th MP Bde
units while the brigade is in Iraq.
I trust him to lead Soldiers. I would place him command' of one of my units. I know he has learned from his mistake.
I appreciate you taking the time to read this.

I will be at Graf on Thursday 10 February at 1230 as I am escorting BG Johnson, MP Commandant. If it is convenient, I can
stop by your office and see you in person concerning this matter. I can break away from escorting my Commandant at any

time to sec you.
I will call your aide while I am cnroute to Graf to see if you want to see me. Thank you again, sir. VR, 111111.11111
2/17/2005
./t b. 8 a
Kequest for Clemency: iLT /S/
Page 2 of 2
(=MP
COMMANDER 709TH MP BATTALION 1111011111110 111.111111111.
411111011.111111.
WARRIORS
"ALWAYS A WARRIOR...ALWAYS A PROFESSIONAL"

CO3215
2/17/2005/ , „ /
a 3
• DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
OFFICE OF THE STAFF JUDGE ADVOCATE
UNIT 026232
APO AR 09036

REPLY TO THE ATTENTION on
/
FEB 1 0 2005
AETV-BGJA
MEMORANDUM FOR Commander, Seventh Army Training Command, APO .AE 09114
SUBJECT: Addendum to the Staff Judge Advocate Recommendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr. 615 th Military Police Company, APO .AE 09114
1.
The enclosed R.C.M. 1105/1106 request for clemency has been submitted by the accused's defense counsel for your review. In accordance with R.C.M. 1107, you must consider these matters prior to taking action on the case.

2.
The accused, through counsel, requests that you disapprove the findings of the court-martial, dismiss the charges and specifications against him, and issue him a General Officer Memorandum of Reprimand. I disagree; no corrective action is required.

3.
The following correction is noted to the Staff Judge Advocate's Post-Trial Recommendation (SJAR) dated 25 January 2005: para 6(a) should be changed from "None" to "Effective 4 /• August 2004, the convening authority deferred the adjudged forfeitures until such time as he takes action on the,,case." This correction is made after submission of 1105 matters, as it has come to my attention through the defense counsel.

4.
In addition, defense counsel also notified the government that despite the approved deferment of adjudged forfeitures, finance has been taking money out of the accused's pay in order to satisfy the adjudged forfeitures. While not required by law, because of this error by finance, I recommend that you approve only so much of the adjudged forfeitures of $1,003.00 per month for six months.

5.
I recommend that you approve only so much of the adjudged findings and sentence as provides for a reprimand and forfeiture of $1,003.00 per month for six months. The adjudged forfeitures were deferred effective 4 August 2004 until date of convening authority action.

25 Ends
/
1. Clemency Petition/DC, dtd 8 Feb 05 UMW
/
2.
Clemency Petition/ACC, dtd 27 Jan 05 Staff Judge Advocate

3.
OER thru 9 Jul 02

003216
G/.4 0 6 8 3
DOD 001953
dot

AETV-BGJA SUBJECT: Addendum to the Staff: Judge Advocate Recommendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr. , 615 1 Military Police Company,
APO AE 09114
4.
OER thru 9 Jul 03

5.
Memo

6.
MFR,

7.
MFR,

8.
MFR,

9.
MFR,

10.
Mem

11.
Memo

12.
Memo

13.
Memo

14.
Memo

15.
Memo

16.
Memo

17.
MFR,

18.
MFR,

19.
Family Photos

20.
Family Photos

21.
LetteVIIMIIIMIPINMMIMIMIMIP8

22.
Diploma, Master of Arts — Counseling, Webster Univ, dtd 18 Dec 99

23.
"Welcome 615th MP Co" Bavarian-American Monthly, Apr 04 24 OER, through 30 Mar-04

25. Staff Judge Advocate Recommendation
/
2
3217
eti 0 a. 8 3
AETV-BGJA-V-TDSO 8 February 2005
MEMORANDUM FOR Commander, 7th Army Training Command, APO, AE 09114
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 O
UnitedStates v. 1 LT Glenn A. Niles, Jr.
1. These matters are submitted under Rules for Courts-Martial (RCM) 1105 and 1106 in
regard to the general court-martial of 1LT Glenn A. Niles, Jr., O

615th
Military Police Company, Grafenwoehr, Germany. At trial, 1 LT Niles pled guilty to one
specification of Conduct Unbecoming an Officer and a Gentleman and was sentenced to
be reprimanded and to forfeit $1003 per month for 12 months.

2.
1 LT Niles respectfully requests that you disapprove the findings of the court-martial
under RCM 1107 (c)(2), dismiss the charges and specifications against him, and issue
him a General Officer Memorandum of Reprimand (GOMOR) in their stead. Such a
grant of clemency is appropriate for the following reasons:
a.
Glenn Niles is an honorable man, an outstanding officer and a great American!! His misconduct on 30 July 2003 in Baghdad, Iraq is a complete anomaly — and it is extremely minor considering the circumstances. 1LT Niles has served his country honorably and with great distinction for more than four years. If a finding of guilty at a General Court Martial is approved in this case, the Army will soon lose an extraordinary asset in that 1 LT Niles will have to be administratively separated from the service. With a conviction in his file, 1LT Niles' security clearance will be revoked and he will no longer be able to serve in the Army as an Officer. Such a result would be tragic for the Niles family, would amount to excessive punishment, and would needlesslydamage .the fcriffy and the Military Police Corps.

b.

1 LT Niles has never made any excuses for his conduct. From the moment that it happened, he has accepted full responsibility for his actions and has cooperated fully with government investigators and prosecutors. When a commander's inquiry was conducted, 1LT Niles waived his rights and prepared a sworn statement admitting to his misconduct in striking the three Iraqi prisoners at the Al Taji police station. He never lied or withheld information about his actions or encouraged his subordinates to cover for him. Likewise, at all stages of this case, 1 LT Niles has acknowledged that his actions were wrong. He attempted to resign in lieu of GCM in October 2003, but his request was denied. At his Article 32 hearing, he candidly apologized to his NCOs and soldiers for letting them down — and at trial, the accused pled guilty to conduct unbecoming an officer and gentleman in violation of Article 133 of the UCMJ. These facts illustrate that he is an honorable man. As an accused in a court martial, 1 LT Niles could have maintained his silence, asserted numerous defenses or forced the government to expend great resources to prove his guilt. However, because he is a man of the highest integrity, Glenn Niles chose none of these courses of action. Quite simply, he knows that he made a mistake and has done nothing other than step forward to accept
responsibility,
003218
•O
8 3
AETV-BGJA-V-TDS
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United
States v. 1 LT Glenn A. Niles, Jr.

c. For the ends of justice to be met, and for good order and discipline to be
maintained, punishment in a given case must be fitting to the offense committed.
Mitigation and extenuation must also be considered. Here, 1 LT Niles' actions amounted
to nothing more than simple assault. The "victims" were three Iraqi youths who had
been detained for murdering a man and stealing his car.' They attempted to escape
from detention by knocking a hole in the wall of the latrine at the Al Taji police station.
1 LT Niles had been working non-stop for months in the extreme, heat and sleep-
deprived conditions of Baghdad's non-traditional combat environment. When he
discovered that these three murder suspects had caused damage to the detention
facility, 1 LT Niles simply snapped. He momentarily lost control and struck the
detaihees. They were not injured; the entire incident lasted no more than five seconds.
To receive a federal criminal conviction and administrative discharge from the service
would be excessive punishment for this misconduct. A GOMOR is much more

appropriate and just.
d. Indeed, a GOMOR or other administrative resolution has been the
recommendation of 1 LT Niles' leaders throughout this entire case. His company,
battalion and brigade commanders at the time of the incident all supported lesser
disposition than at a GCM. They all agreed that 1 LT Niles' misconduct – and the
extenuating circumstances present in Baghdad in July 2003 – simply did not warrant
such a severe outcome. Likewise, the Article 32 Investigating Officer in this case, go

imminamme, recommended that 1LT Niles receive nothing more than a GOMOR in his restricted fiche. After reviewing all the facts and circumstances of this incident, LTC Vandersteen felt that it did not warrant disposition as a GCM. 2
e. A lesser disposition is appropriate here primarily because of the caliber of
1LT Niles.os.an officer, a soldier,. and as a person. Throughout all phases of his career
in the military, he has distinguished himself and demonstrated incredible potential. Prior
to deployment, Glenn served as a Platoon Leader within the 615th MP Company in
Grafenwoehr. He greatly impressed both Company Commanders who rated him (See
End 2-3). During this timeframe, 1 LT Niles also greatly impressed INIIIIIIIMMON111,
the 793rd Military Police Battalion XO who closely observed him during the unit's

preparation for deployment to Iraq. 0111111.1111k, who at the time of trial was just leaving
his position as the Provost Marshall for the Vilseck Military Community, actually delayed
his PCS travel so that he could provide character testimony at Glenn's trial. He testified

about his observations of 1LT Niles during his Platoon "Ex-Eval" prior to deployment for
01F. He found 1LT Niles to be a highly competent and resourceful officer, and a man
with "a very high level of character" (ROT, pg. 132). NEM also stated that he would

I See Article 32 testimony of /
.m Investigating Officer for Commander's Inquiry, page 16
of Article 32 summarized transcript, Record of Trial, Volume I.
2 The Article 32 Investigating Officer's Report is included in Volume I of the ROT. Please pay special
attention to 101111111.1111k comments on Continuation Sheet 3 of his report dated 19 May 2004
(specifically, ¶ (6) of Item 21). Ile states a fundamental fact that is of critical importance in the case before
you: "junior leaders make mistakes." Fle also cites two relevant instances where certain individuals (GEN
Powell and 130 Freakley) made mistakes early in their careers but were given second chances by their
leadership because of their demonstrated potential for success.

C33219
2
/

AETV-BGJA-V-TDS
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United
States v. 1LT Glenn A. Niles, Jr.
be more than comfortable serving with 1 LT Niles in combat, and that he would want
Glenn as one of his company commanders under such circumstances. 3
f. Similar testimony was received by the court from fellow officers and soldiers
who served with 1LT Niles during 01F.. Two of his peers – fellow platoon leaders with
the 615th MP Company in Iraq – both attested to 1LT Niles' high quality as an officer.

41111111.1111111111.. rated Glenn as the best of the platoon leaders in the company and told of his complete confidence in Glenn's technical and tactical competence. He also relayed that 1 LT Niles was the type of friend who would put his own needs aside to assist a comrade with even the most trivial matter. 4 Likewise, 1111111.1111111111111111110111111– the officer who took over Glenn's platoon in Iraq after the incident – testified to the high state of readiness and discipline he found in the platoon when he arrived at Al Taji. He also told of 1 LT Niles mentorship of his fellow platoon leaders who had less experience. 5
g.
Several of 1LT Niles' subordinates also testified at trial. To a man, each of them told of their great respect for their former platoon leader. 1111111111=1111called 1 LT Niles "a great leader" (ROT, pg. 101) and described his high level of professionalism and "genuine concern" (ROT, pg. 101) for his soldiers.111.1111111111111 described him as a hard, mission-focused leader. 6111111111111111114, the platoon sergeant, described 1LT Niles as a "strong, high-standard leader ... very tactically proficient ... [whose] best trait is caring for soldiers" (ROT, pg. 120). 8 And,11111111111164 one of the platoon's squad leaders submitted a written statement attesting to his similar opinion (End 4). Each of these men would gladly serve again under Glenn Niles' leadership.
h. The most notable testimony, however, came from 1LT Niles' battalion
leadership in Iraq. His Battalion CommanderAMIIIMIN, observed Glenn's
performance not only as a platoon leader, but also as a member of his battalion staff.

°
MR
He very clearly summarized his opinion of Glenn by telling the court members that "Lieutenant Niles can work for me anytime, anywhere that I go /he can certainly command a company in any unit that I'm responsible for" (ROT, pp. 173-74). 10 LTC also wrote two letters of support for 1 LT Niles at various stages of this
Summary of /found at ROT, pp. 128-136.
4 Summary of/

ound at ROT, pp. 137-148.
Summary of/ found at ROT, pp. 148-155.
6 Summary of/ at ROT, pp. 93-112.
Summary o/ found at ROT, pp. 112-118.
8 Summary of 11111111101111101.0.0fo u n d at ROT, pp. 118-128.
9 After the incident at the Al Taji station, 1 LT Niles was suspended from his position as Platoon Leader and
moved to Battalion Headquarters where he joined the staff of the S-3 as a Night Battle Captain in the
Battalion TOC in Baghdad.
Ngrigitak is one of the most highly respected leaders of the MP Corps and brings great credibility to
his assessment of 1 LT Niles' potential for continued service and advancement. Ile has over 18 years of
service as an MP officer and has held several key positions. He has commanded two companies, including
command of an MP company during Operation Desert Storm, and commanded the 793rd MP Battalion
throughout that unit's challenging and highly successful service during Operation Iraqi Freedom. He has
also served as the Chief of Officer Training at the MP School at Fort Leonard Wood in addition to several
varying staff jobs. His opinion of I LT Niles' potential should be given great credence.
003220
3
4 0 CI 8 3
AETV-BGJA-V-TDS
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United
States v. 1LT Glenn A. Niles, Jr.
proceeding which are attached (End 5-6). Similarly, Glenn's Company Commander,
gegaliailliMNIMO wrote two letters in support of 1LT Niles' continued
service which are also attached (End 7-8). Likewise, many other officers on the
battalion staff observed Glenn's performance and submitted powerful letters on his
behalf (End 9-14). Even the Battalion CSM recognizes that 1LT Niles "should be
salvaged" (Enol 15).

i.
1 LT Niles' true character is illustrated by the following incident: at the Article 32 hearing, 1LT Niles asked me to arrange for his former Platoon Sergeant and several other subordinates to be present in the courtroom when he made his statement so that, he could address them as well as the Investigating Officer. Because of the incident, he had been quickly removed from his position of leadership and had not had the opportunity to speak with his former soldiers because of the pending hearing in which they could be called as witnesses. His first opportunity to speak to them came in the public forum of the Article 32 hearing as he tearfully and humbly thanked
them for
"showing him what duty honor and courage was all about." 11 This example shows whattype of leader – and the quality of person – that Glenn Niles is.
j. At the court martial on 1 July 2004, Glenn continued to accept responsibility and step forward to accept his punishment. He demonstrated complete candor with the military judge who accepted his plea of guilty on the charge of conduct unbecoming an officer and a gentleman. After hearing all the evidence in mitigation and extenuation, the military panel of ten officers decided that 1 LT Niles should be retained in the service and given a chance to soldier on. They could have sent him to jail for up to a year and/or dismissed him from the service. However, they appropriately chose to adjudge neither of these options, ordering instead that 1 LT Niles forfeit some of his pay and that
he be reprimanded for his actions.
k.
After receiving his sentence, 1LT Niles has continued to live the seven Army values. When he was returned to his unit, he was assigned duties as the Company XO for the 615th MP Company. In this position, Glenn has continued to impress his superiors. Both his Battalion and Company Commanders submitted letters for your consideration which detail his outstanding service since his court martial (End 16-17).

I.
Through is all, Glenn Niles has remained a committed family man with a
wonderful and loving family (Enol 18-19).

immogssiump, rely on him for their support. 1 LT Niles wants nothing more than to continue providing for his family by serving in our great Army. Please also
consider the attached letter fromanialls(Encl 20) in support of your decision to
disapprove the findings in this case.
m. Finally, please consider three additional attachments. I have included a copy of 1 LT Niles' diploma showing the awarding of his Masters Degree in Counseling (End 21), an article published in the Bavarian-American Monthly magazine detailing the
I I The audio tapes of this hearing are in the possession of the Court Reporter at the Office of the StaffJudge Advocate, 1st Infantry Division, in Wurzburg, Germany.
/ 003221
4
0 6 8 a

AETV-BGJA-V-TDS
SUBJECT: Petition for Clemency UP Rules for Courts-Martial 1105 & 1106 — United
States v. 1 LT Glenn A. Niles, Jr.
challenges and accomplishments of the 615th MP Company during OIF (End 22), and
1 LT Niles' most recent OER which was closed out before his court martial (End 23).
This evaluation details 1 LT Niles' service on the 793rd MP Battalion staff.
3.
For these reasons, 1 LT Niles respectfully requests that you grant him clemency in the form of disapproving his finding of guilt, dismissing his charges and issuing him a GOMOR. This course of action meets the ends of justice and keeps a great officer in
uniform! It is a win, win situation.
4.
Please include a copy of this memorandum in all copies of the Record of Trial. This memorandum was served via personal service on the Office of the Staff Judge Advocate, 1st Infantry Division, Military Justice Section, Wurzburg, Germany. On behalf of 1 LT Niles, thank you for considering these matters submitted in clemency.
23 Encl/
1.111111111111.11111.111111
1.
Accused's Request for Clemency, dtd 8 Feb 05 /soommo

2.
OER, thru 09 Jul 02/

Trial Defense Counsel
3.
OER, thru 09 Jul 03

4.
Memo for Members, IlliNala, dtd 28 Jun 04

5.
MFR, , dtd 25 Jan 04

6.
MFR,/, dtd 30 Oct 03

7.
MFR,/ , dtd 28 Jan 04

8.
MFR,/ , dtd 14 Oct 03

9.
Memo for Members,/dtd 25 Jun 04

10.
Memo for Members,/ dtd 29 Jun 04

11.
Memo for Members,/, dtd 28 Jun 04

12.
Memo for Members,/dtd 28 Jun 04

13.
Memo for Members, "/1/, dtd 28 Jun 04

...–..)....,.,

14.
Memo for Members, 1/, dtd 21 Jun 04

15.
Memo for Members, 1/dtd 24 Jun 04

16.
MFR,/, dtd 01 Nov 04

17. MFR,/dtd 15 Nov 04 1819. taiMINIIIIIIIND, undtd
20.
-Letter, miimmeman dtd 8 Feb 05

21.
• Diploma, Master of Arts – Counseling, Webster Univ., dtd 18 Dec 99

22.
'Welcome 615th MP CO," Bavarian-American Monthly, Apr 04

23.
OER, thru 30 Mar 04

5 / 003222
u 40 t 8 3
DOD 001959
REMOVED BATES PAGES 3223 - 3251
(RECORD OF TRIAL - 1LT GLENN A. NILES, JR.)

(29 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS WRITTEN TO THE
CONVENING AUTHORITY BY FAMILY AND FRIENDS ON BEHALF
OF 1LT NILES AND OTHER RECORDS CONTAINING PRIVATE
INFORMATION, WHICH WERE DETERMINED TO BE
NONRESPONSIVE TO PLAINTIFF'S FOIA REQUEST

3222 A
DOD 001960
ARTICLE 32 INVESTIGATION

33252.
OFFICER EVALU-REPORT
ATION PO
Fes an of th fone, AR173-115; the pso penent petty UOCIPER ME PRIVACY ACT STATEMENT OND A MAW 1741 PART I • ADMINISTRATIVE DATA
a. NADE lett met lehlde WWI
+L OAIE4ERdNK­
NILES, GLENN C. groord D iwo.0
l 'ILT 12E702-DRAW
11-10-• MP 31A
LOUT, DIM STATION,ZIPCODE OR APO, DAMN COSODUiD
k REMO FOR SMUTS ON

HHD, 709th Military Police Battalion, APO AE 09165 USAREUR 03 I Change of Rater
I. PERIOD COVERED
i

RATED-I k NoretAIED L um of-an RATED OFFICER COPT {Thoth me off dale)
FRfhl MONTHS-COOTS CEL 4.1111• CARI CODE
TARO p Pei CODE
err MUM
row Need t. Ohm to OM ew
10 2004 03 8
EU17
tiara/MI to Mbar
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PART II • AUTHENTICATION Mote. IfIcm's .144 stirs ­
e'featkaa 'tea eemplttedOERPartsR Pane I-V
11414 14 tan
• NAME CERAM Peet nro., IAN
I SON NANA
POSITION
Battalion S3 DATE
SANK POSITION DATE
SAID POSITION
1110
DATE
S011011NATIMS OROANITATIoN
IMAM­
ninon RAM MEPIONEIRIAISER
HHD, 709th MP Battalion MOM. AES'
I. rmyeniil
el en few, yes­
le ...seats DATE *Mahal
APO AB 09165
PART III • DUTE DESCRIPTION
a PRISMS DWI MEE Assistant S3 (Operations)
e. POSmOWAOENR 31A/MP
I
a sum= OMNI AND RESPOPPIOMITES. RAMTO PART Pk DA TOM 1174.1
Assistant S3 (Operations) for a forward deployed TO&E Military Police Battalion consisting of an HIID 'and fiveMilitary Police Companies stationed in Baghdad, Iraq in support of Operation Iraqi Freedom. Principle duty asBattle Captain, responsible for dissemination of timely and accurate information to and from subordinate units;
conducts TOC operations to include directing units during engagements. Also assigned as the Battalion LNO to
the Iraqi Police, responsible for coordination of information and equipment for 14 Iraqi Police Stations in Baghdad. Responsible for coordination and set up of two weekly meetings with Military Police leadership and the
Iraqi Police leadership.
PART ry • PERFORMANCE EVALUATION • PROFESSIONALISM (Rater)
CHARACTER
Disposition of the kerbs: combinagon of values, attributes, end skills affecting leader action*
a. ARMY VALUES leareamate esseiatery for ell "110" eat:rink One PARTIAL/
res No 11, HONOR: Adherence to dm Army's pubick &clued code of valuta I'-No
5. RESPECT: Promotes dignity, considesatIod fairness, & EO
2. INTEGRITY: Pulliam No pefona rnnra shim.* bowed In Word and dad
B. SELFLESS.SERVICE: Mica Army priorities before sell
3. COURAGE: easrants physkohlad Mora bravery
7. DUTY: fairas prof notional, lgol; and mend
4. LOYALTY: Dena true faith and allegiance to lte U.S. Constitution, Ore Army, the unit, and the solder
b. LEADER ATTRIBUTES I SKILLS I ACTIONS: X
First, mark 'TES" or 'NO' to each black. Second drown a total of tie that best discall the rated ofkar. Solec1.4ne from ATTRIOUTES, two from MOILS ICompatence), and then Front ACTIONS
(LEADERSHIP!. Mace on
In the appropriate numborod bon WM optional cormonts In PART Vb. Comments are mandatary in
Part Vb for all "No" entries.
ATTRIOVIES (Select II I. 'MENTAL-I X I NO I
APHYSICAL
)21 NO
)21-EMOTIONAL
fundaments; tuition and NO
Possesses desks, will, Initiative, and disdain
MeintAra appropriate level of physicist
thseacteristice Displays nit-controt TAO Mier POW.
Wort end *nary bearing

1.2 MILLS (Conpetencel CONCEPTUAL )13 1 N0
O( 2. INTERPERSONAL-IX I-NO
IO,( !TECHNICAL ExIsol
-ormastratarneriditakeitecoitiairtraho tlinkine;­
'-—
Ohavdiilde witli people: roaches leachino
61411 development It part of tell-masoning­
comer% motivating and empowering , dwell/Went p oro p1111e LS7cllon eccompAsh el lake and functions
-
X1 TACTICAL ­
Demon/Nina proficiency in required proleulonal knowledge, Judgment, and warlighting
YES I N
1.3. ACTIONS IlEADERSIIIPI(Sclecl 31 A ajar activities loaders perfotm: Influencing, *wring, and improving
INflUENCING.
?SiCOMMUNICATING-I I-NO I
2.] DECISION-MAKING-11 A I NO I a 'MOTIVATING­
Method of reeding goofs Mile ­
I 14 I NO I
Displays good mat written, end listening skirls for Inolviduals I
Employs wurtdjuknant, laded waning
, operatinglimploving---peep. . ....... Inspires, motivate, and guides others toward

--aratesarresourreywlsoly­
thirdenearenblUiral---
OPERATING
PLANNING EXECUTING-I NO
1 /54 I NO-X I t I ASSESSING
Short-term mission NO
I/-•
Osvakps detailed oneculable plans that ere feasible, acceptable.
-Shows tactical proficiency, meets mluion
-
necamptshment Use afterution and evaluation fools to
and suitable­
'arch, and take cereal peoplalreseurces ­leaden consistent improvemart
IMPROVING
7. i DEVELOPING 8.
)14I NO BUILDING NO­
long-term Improveneht In the Army V. I LEARNING
Invests adequate lime and ellort to develop
rolNE
TT—
Spends time and resources improving teams,
its temple end organizations individual subordinates as leaders Seeks self Improvement and organizational •
moons and mils; footers (Oral climate
e. APFT: PASS-DATE: growth; envisioning, Ogling and lamina e a 3^ r
IAN 2003 11(IGHT: 71-YES
WEIGHT: 237
J
Amon OFFICER DEVELOPMENT • MANDATORY YES OR NO ENTRY FOR RATERS Of In AND WAIL
WERE DEVELOPMENTAL TASKS RECORDED ON DA TOM 079-1a AND ODARTERLY FOLLOW-UP COUNSELINGS CONDUCTED? NO
UA FORM GM, OCT 97
REPLACES DA FORM 07.8, I SEP 79, WHICH IS OBSOLETE, I OCT 97
USAPA112.01
NAME NILES, GLENN C. -F­
PERIOD Colin,'" "'
139710/— 20040330
-PART V • PERFORMANCE AND POTENTIAL EVALUATION (Rater7
,---—-i
a EVALUATE THE RATED OFFICERS PERFORMANCE MOM THERMO PERIOD AND HISAIER POTENTIAL FOR PROMOTION
OUTSTANDING PERFORMANCE, ­
ED-ED­
SATISFACTORY PERFORMANCE, ­
UNSATISFACTORY PERFORMANCE,­
MUST PROMOTE ED OTFIER
PROMOTE
00 NOT PROMOTE (Explain]
b. COMMENT ON BpELM Amon OF THE PERFORMANCE AM) POTENTIAL FOR PROMOTION. REFER TO PART NI, DA (ORM 0741 AND PART IRA b, AIM e DA FORM BTO 1.
During this short rating period, LT Glenn Niles performed his duties as a Battle Captain and Iraqi Police LNO in an outstanding manner during Operation Iraqi Freedom in Baghdad, Iraq. Glenn approached the job with greatenthusiasm and an eagerness seldom seen in an officer of his rank. He quickly grasped the duties of Battle Captain which resulted in smooth TOC operations under his watch. LT Niles was able to calmly direct combatoperations making on the spot decisions without hesitation. He embraced the tough job as LNO to the Iraqi Police and did an outstanding job. He coordinated countless meetings between the Military Police and Iraqi Police leadership, which ensured critical communication, resulting in improved policing across West Baghdad.He was instrumental in outfitting and equipping hundreds of Iraqi Police officers and fourteen Iraqi Police
stations, allowing the Iraqi Police to do their .jobs in .a more professional manner.
LT Niles has great potential and will continue to excel; promote him to Captain and send him to the next
Captain's Career Course. Consider for Company Command.
IDENTify ANY umuuE PROFESSIONAL EMUS OR AREAS OF EXTERTIEE of VALUE TO THE ARMY THAT 7105 officER POSSESSES, FOR ARMY CompENTIVE CATEGORY CpT THROUGH
LTD, ALSO INDICATE A POTENTIAL CAREER FIELD Ton FUTURE SERVICE.

PART VI • INTERMEDIATE RATER
PART VII •SENIOR RATER
gi
a EVALUATE THE RATED Milan PROMOTION POTENTIAL To THE NEXT HIGHER ORATE
I curniaty senior reo­
•-10-• 'WNW MOM grab • - •
BEST OUALIFIED FULLY QUALIFIED-A emitted DA Faill FFA .I wanwhdwWHI,rp41 wdw 4 4Nwane., wJrnfiw
. DO NOT PROMOTE
. OTHER OM, Mow/ rT Yll
b. POTENTIAL COMPARED WNN OMEN'S SENIOR RATED IN SAME c, COMMENT ON pEriroRMANcEfranyinAL DRAGE (OVERPRINTED BY DA)
1LT Niles is an outstanding leader who distinguished himself during combat
operations in support of Operation Iraqi Freedom in Baghdad, Iraq. As a Battle ABOVE CENTER OF MASS Captain, 1LT Niles excelled in every aspect of a very demanding and stressful
Rom Um 60%M lop bon Cent a of
position. Glenn is a caring and compassionate warrior leader and an officer of
.Mus II 51114 °more In lop box) .
incredible-integrity-ancHionon—Promote to­
Captain;-send-to-the Captain's-Career-
Course, and placchinLin,command.
1LT Niles has excellent potentiaL__
CENTER OF MASS
BELOW CENTER OF MASS
RETAIN
BELOW CENTER OF MASS
.-d. UST 3 FUTURE ASSIGNMENTS FOR WHICH THIS Officui IS BEST SUITED. FOR ARMY COMPETITIVE CATEGORY CPT Tilliouoli ETC,
OD NOT RETAIN
ALSO INDICATE A POTENTIAL CAREER FIELD FOR FUTURE SERVICE.
Company Commander, Battalion Assistant S3, Battalion Si.
DA FORM 67.9, OCT 97 (Reverse)
6 3u2y2..4
DEPARTMENT OF THE ARMY
HEADQUARTERS, 71b ARMY TRAINING COMMAND
OFFICE OF TIIE STAFF JUDGE ADVOCATE
UNIT #21130
APO AR 09036

IMPLY TO THE ATTENTION OF:
AETV-BGJA/
JAN 2 5 2005
MEMORANDUM FOR Commander, 7th Army Training Command, APO AE 09114-8130
SUBJECT: Staff Judge Advocate's Post-Trial Recommendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr /61501 MilitaryPolice Company, APO AE09114
1.
PURPOSE:. To obtain your decision in the general court-martial case of First Lieutenant Glenn A. Niles, Jr., '/i, 615th Military Police Company, APO AE 09114

2.
SUMMARY OF CHARGES, PLEAS AND FINDINGS:

CHG ART SPEC SUMMARY OF OFFENSES / PLEAS FINDINGS
I/93/1/At or near the Al Taji Police Station, Baghdad, NG /NG Iraq, on or about 30 July 2003, was cruel toward and did maltreat., a person subject to his orders, by striking him in the stomach with a closed fist.
2/At or near the Al Taji Police Station, Baghdad, NG /NG Iraq, on or about 30 July 2003, was cruel toward and did maltreat, a person subject to his orders, by striking him in the stomach with a closed fist.
3/At or near the Al Taji Police Station, Baghdad, NG /NG Iraq, on or about 30 July 2003, was cruel toward and did maltreat ww., a person subject to his orders, by kicking him in the shoulder.
003255
2 0 0 4 0 6 8 3
AETV-BGJA
SUBJECT: Staff Judge Advocate's Post-Trial Recommendation in the General Court-Martial ofFirst Lieutenant Glenn A. Niles, Jr., /, 615th Military Police Company, APO AE
II/133/The/At or near Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, while a platoon leader in the 615 th Military Police Company, and in the presence of ., 1111111 MIN., and 11111111111110., wrongfully and dishonorably grab 1.0111. by the neck and strike him in the stomach with a closed fist, wrongfully and dishonorably strike I.in the stomach with a closed fist, and while being detained by amemilli., wrongfully anddishonorably kick/in the shoulder, all to the disgrace of the Officer's Corps, and the Armed Forces.
3.
SENTENCE: Sentence was adjudged on 1 July 2004: To be reprimanded and to forfeit$1,003.00 per month for 12 months.

4.
PRETRIAL AGREEMENT: The convening authority agreed to disapprove any confinement adjudged in excess of 45 days. Any other lawful punishment may be approved. You mayapprove the sentence as adjudged.

5.
CLEMENCY RECOMMENDATIONS BY Tial SENTENCING AUTHORITY: None.

6.
APPROVED DEFERMENT/WAIVER ACTIONS:

V.

a.
Forfeitures: None.
/en

b.
Reduction in Rank: None.

c.
Confinement: None.

7. BACKGROUND OF THE ACCUSED:
a.
Time in Service: The accused has been in the U.S. Army for approximately 4 years

b.
Current Enlistment and Term: 10 May 2001, 3 years, plus an extension of 4 months.

and 1 month: 7 November 2000 — present, U.S. Army
2
G03256
20 C) 4 0 6 8 3
DOD 001965
AETV-BGJA SUBJECT: Staff Judge Advocate's Post-Trial Recommendation in the General Court-Martial of First Lieutenant Glenn A. Niles, Jr./, 615th Military Police Company, APO AE
c.
ETS Date: October 2004.

d.
Basic Branch: 31A00/Military Policeman.

e.
Awards: National Defense Service Medal, Global War on Terrorism Expeditionary Service Medal, Global War on Terrorisit'SerVico Medal, Army Service Ribbon. The accused is authorized to wear a combat patch on his right sleeve.

f.
Dependents: Married with three children.

g.
Civilian Education: Master of Arts Degree from Webster University, Saint Louis, Missouri and a Bachelor of Psychology Degree from College of Charleston, South Carolina.

h.
Prior Convictions/Article 15s: None.

i.
Restrictions on Liberty: The accused was required to physically check in at the company and subsequently call the company twice a week from 3 February until 1 July 2004. The defense counsel did not determine these to be an Article 13 issue nor restriction tantamount

to confinement. (See ROT page 58)
j. Pretrial Restraint: None.
8.
POST-TRIAL MATTERS SUBMITTED BY THE ACCUSED: This recommendation and an authenticated copy of the record of trial will be served upon the accused and his defense counsel. Any matters submitted by or on behalf of the accused pursuant to R.C.M. 1105 or 1106(f) will be provided to you. In accordance with R.C.M. 1107, you must consider all written defense submissions prior to taking action in this case.

9.
RECOMMENDATION: I recommend that you approve the sentence as adjudged.

3 Encls
1.
Report of Result of Trial

2.
Record of Trial Staff Judge Advocate

3.
Proposed Action

3
G G3257
2 0 0 4 0 0 8 3
DOD 001966
INVESTIGATING OFFICER'S REPORT
(Of Charges Under Article 32, UCMJ and R.C.M. 405, Manual for Courts-Martial)
1e. FROM:O(Name of Investigating Officer -b.OGRADE c.OORGANIZATION
d. DATE OF REPORT
Last, First, MI)
19 MAY 2004

GTA Operations and Plans
MIIIMI 110. MP 100th ASG, APO AEG

09114

2a. To: (Name of Officer who directed the b.OTITLE
c. ORGANIZATION
Investigation - Last, First, MI)
11111111.1.111.111111111100.
111110.111111111. 100th ASG,G09114
HQ,GAPO AEG

3a.ONAME OF ACCUSED (Last, First, Ml) b.OGRADE I c.OSEN d.
ORGANIZATION .e. DATE OF CHARGES
615 MP CO

NILES,GJr.

Glenn A.G

09114

1LT APO AEG30 SEP 2003

(Check appropriate answer) • YES NO
4.
IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R,C.M. 405, MANUAL FOR COURTS-MARTIAL,
I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhibit 1)
-

X
5.
TIIE ACCUSED WAS REPRESENTED DY COUNSEL (If not, see 9 below)
X
6.
COUNSEL WHO REPRESENTED TIIE ACCUSED WAS QUALIFIED UNDER R.C.M. 405(d)(2), 502(d)
X
7a. NAME OF DEFENSE COUNSEL (Last, First, MI)

b. GRADE 8a. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE
No
C. ORGANIZATION (If appropriate) c. ORGANIZATION (If appropriate)
US Army Trial Defense Service

d. ADDRESS (If appropriate) d. ADDRESS (If appropriate)
Region IX, Trial Defense Service
Vilseck Branch Office, APO AEG

09112

D.
(To be signed by accused if accused waives counsel. If accused does not sl
n, investigating officer will explain in detail in Item 21.)
a. PLACE
b. DATE
I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL, INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. O
I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI-
GATION.
c. SIGNATURE OF ACCUSED
I

• 10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF:
(Check appropriate answer)
YES NO
a.
THE CHARGE(S) UNDER INVESTIGATION
X

b.
THE IDENTITY OF TIIE ACCUSER
X

c.

THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31
X
d.
TIIE PURPOSE OF THE INVESTIGATION
X

o.
TIIE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE

i f. THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECT TO PRESENT X X
g.
THE RIGHT TO CROSS-EXAMINE WITNESSES
OX

h.
THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED

I.
THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION X
X

j.
THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING X

11a, THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE
(If the accused
or counsel were absent during any part of the presentation of evidence, complete b below.) X
b.
STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENSE OF ACCUSED OR COUNSEL
NA

•

•
NOTE:O
If additional space Is required for any Item, enter the additional material In Item
21 or on a separate sheet.OIdentify such material with the propernumerical and, If appropriate, lettered heading (Example: "7c".) Securely attach any additional sheets to the form and add a note In the appropriate Item
of
the form: "See additional sheet."
pin rr. n in IR II A 1.7.A I I f“ II••••• At EDITION OF OCT 69 IS OBSOLETE.O
003258
DOD 001967

../..—..,,,... vv.. ,,00ca i co !wit!/
•thi OATH:
(Check appropriate answer) -
NAME (Last, First, MI) ---;

..,_.
GRADE (If any)
ORGANIZATION/ADL/
S (Whichever is appropriate) YES NO
MINNIMMOMMIMMWOM
Mk
709" MP Battalion

X
UNIIIIIIMMIIMMEN111.11.
OM
Tripler Army Medical Center

X Ow 92nd MP Company::Me 11111116 615th MP Company
X

41111111111111111111111111101111110110
OM 615" MP Company

11111Mmumenme.
SIM 615th MP Company X
0111.11 X
11
WI* Grafenwoehr, Germany
b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED,
13A. THE FOLLOWING STATEMENTS, DOCUMENTS, OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO
EXAMINE EACH
t
i
DESCRIPTION OF ITEM i'i/ItLOCATION OF ORIGINAL (If hot attached) T0,1 V ,,1 441;
Charge Sheet dated 30 SEP 2003

X
Commander's Inquiry Results by
CPT Searl dated 7 AUG 2003 with
Enclosures 1-9

1LT Niles ORB as of 20030828

1LT Niles OER dated 10 JUL 2002

1LT Niles OER dated 9 JUL 2003

b. EACH ITEM CONSIDERED, OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED
14.
THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSE(S)
OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE.
(See R.C.M. 909, 9I6(k).)
16. THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT
(If Yes, specify in Item 2! below•) X
16.
ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL

17.
THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM

18.
REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSE(S) ALLEGED
X
19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER.
(See R.C.M. 405(d) (1).
20. I RECOMMEND:
a. BY/•/il SUMMARY/
MI SPECIAL/ in GENERAL COURT-MARTIAL
b. OTIIER (Specify in Item 21 below)
21. REMARKS
(Include, as necessary, explanation for any delays in the investigation, and explanation for any "no" answers above.
a.G

SUMMARY OF FACTS/DISCUSSION OF EVIDENCE

(1)

The facts of the case are not in dispute with respect to the striking

of prisoners - not in self-

defense - by 1LT Niles,G

and the evidence presented

was sufficient to support the charge. All witnesses present at,.the alleged

incident agree that

1LT Niles wrongfully struck three prisoners that were in
custody at Al Taji Police Station in Baghdad. This fact is supported by the
sworn statements of the soldiers present at the incident,G

their sworn

testimony at the hearing,G

and the sworn statement of 1LT Niles.

(2)

The testimony of all individuals questioned at the hearing,G

with the

exception of 011111WIMMIMM (IMMOMMMOMOS),G

testified that 1LT Niles was wrong

to strike the prisoners.

22a.
TYPED NAME OF INVESTIGATING OFFICER b. GRADE c. ORGANIZATION
GTA, Operations and PlansG

CMMErmi¦Nalmmarmwic
OPIR 00th ASG, APO AEG0 032C,
09114G511..-
d. SIGNATURE OF INVESTIGATING/OFFICER/ 7— --7O
e. DATE
1 ....-.
18 MAY 2004

CONTINUATION SHEET 1, DD FORM 457, PERTAINING TO NILES, Glenn A. Jr., 1LT,
615 MP CO, APO AE 09114

DESCRIPTION OF ITEM
LOCATION OF ORIGINAL (If not attached) YESONO
LOR from 11010111111. dated

25 JAN 2004

LOR from 011111111111111.1111111.110 da ted

28 JAN 2004

CVE of 401111111•11111.11111111119

Item 21, continued:

(3) The evidence presented by lam, gimmomm,

and 4011111111.10, suggests that 1LT Niles was shocked by his own actions.
1LT Niles was described by his platoon members as a man seldom ata

• loss for words.

Immediately following the incident, 1LT Niles was incapable of speaking or

responding to the angry actions ofiNIMMIOMMIS who had pulled him away from the

prisoners. 1LT Niles has repeatedly accepted responsibility and shown remorse

following the incident according to the testimony of IIIIIIIIIIIMON.,

,alMIIMMOMOO, and 611111•111=111111111*.

. (4) Witnesses testifying at the hearing stated that 1LT Niles should not be

punished by court martial.

filimmum (Inquiry Officer), was not asked for a

recommendation for disposition of the charges, but stated that 1LT Niles should not

command soldiers in the future as a result of his actions.

(5) 1LT Niles' Company Commander and Battalion Commander in Iraq presented

Letters of Recommendation for 1LT Niles, and also testified in the hearing that they
would gladly serve with him again.MOOMMOOMOMI, 011111111Mine

-i, andaillammrt all

testified that he was a good platoon leader and would serve with him again. There

was no testimony to contradict the fact that 1LT Niles' chain of command and his

soldiers' thought him to be a good leader and passionate about the welfare of his

soldiers.

(6) There was no conflicting evidence presented at the hearing with respect to

the two charges 1LT Niles is charged with.

•G

(7) The three prisoners that 1LT Niles allegedly struck were not available for
the hearing, and they will likely not be available for any court-martial

proceedings.

(8)
All witnesses that served with 1LT Niles testified that all soldiers in the
platoon were under enormous stress because of environmental conditions and ever

(9)
All witnesses, with the possible exception of 011011.01.1116, were credible

present danger.

witnesses.

sommosilip could not form a reasonable judgment with respect to the
charge of maltreatment as to whether 1LT Niles was wrong to strike the prisoners.
He testified that he was about 25% complete with his study and analysis of 1LT

Niles' case.

b. COMPARING EVIDENCE TO CHARGES/RECOMMENDATION OF CHANGES TO CHARGES

(1) There are reasonable grounds and sufficient proof to support violations of
Article 93, Cruelty and Maltreatment, and the three specifications of striki
prisoners listed in the charge sheet.G 2

0-6.0

CONTINUATION SHEET 2, DD 1-c=.

--,M 457, PERTAINING TO NILES,t--7_Venn A. Jr., 1LT,
615 MP CO, APO AE 09114

Item 21, continued:

(2)
There are reasonable grounds and sufficient proof to support a violation of
Article 133, Conduct Unbecoming an Officer and Gentleman.

(3)
I do not recommend a change to the charges. Article 93 should not be
changed to Assault and Battery because the prisoners were subject to his orders at

the time of the incident.

c. DEFENSE-REQUESTED OBJECTIONSGNone.
d. RECOMMENDATION FOR DISPOSITION OF CHARGES
(1) I recommend that 1LT Niles not be charged by Court-Martial. i further

recommend a General Officer Memorandum of Reprimand, but placed in the restrictive

fiche of his OMPF.

(2)
There was never any question as to whether or not 1LT Niles committed
misconduct. 1LT Niles admitted misconduct in his statement, has never denied
wrongdoing, and the incident was witnessed by three soldiers under his supervision.
It is all supported by sufficient evidence. 1LT Niles should be punished as a
result. The question for the hearing officer and the appointing authority is how to
dispose of this case when considering matters of extenuation, mitigation, deterrent
effect; and also, the best interests of 1LT Niles, his unit, and the United States
Army. I did not take into account the reports related to the Abu Ghraib prison
scandal. These are two separate events, under different circumstances.

(3)
Matters of extenuation. Testimony indicated that all soldiers in 1LT
Niles' unit suffered similar environmental and danger related hardships throughout
their tour of duty. Few received more than a few hours of sleep each night. 1LT
Niles snapped; other soldiers did not. Leaders, nonetheless, also have greater
burdens with respect to their responsibility for mission accomplishment and caring
for soldiers. By all accounts, 1LT Niles was a passionate leader who cared about
both his mission and his soldiers. This was the testimony of 1LT Niles' chain of
command and his soldiers. The pressures of mission accomplishment included the
administration of Iraq police stations for which 1LT Niles had no experience (MPs
receive provost marshal training as captains), and the training of Iraqi police.
There are many accounts throughout American history where leaders made mistakes
under the pressure of their commands. Gen Sherman had a breakdown prior to
Vicksburg; LTG Patton slapped a soldier. The enormous burdens of our leaders in
combat cannot be judged by the same standards of a peacetime army.

(4)
Matters of mitigation. Up to the point where 1LT Niles struck three
prisoners, and since that event, 1LT Niles has been an exemplary_ lieutenant. His
commander described in testimony that although he made many of the usual
developmental mistakes that his peers made, he was nonetheless a good officer. 1LT
Niles received recommendations for future service from his company commander and
battalion commander. Both would gladly serve with 1LT Niles in the future. The
soldiers under 1LT Niles who testified at the -hearing all were impressed by his high
standards and would serve with him again, also. In particular, OMOMMOOMMftewas
passionate describing his service with 1LT Niles: "I would take Lieutenant Niles
with me again, down range again." His OERs indicate that 1LT Niles has unlimited

potential as an officer.
(cont.)

G03261

DOD 001970
CONTINUATION SHEET 3, DD FM 457, PERTAINING TO NILES,enn A. Jr., 1LT,

615 MP CO, APO AE 09114

Item 21, continued:

(5)
Deterrent Effect. This issue was raised by counsel during the hearing, and
the witnesses indicated that striking a prisoner was the end of a career; therefore,
this in itself would seem to deter maltreatment of prisoners alone. The evidence
indicates that 1LT Niles did not enter the police station with the intent of
striking prisoners. The event seemed to surprise everyone involved, including 1LT
Niles himself. There was no intent to harm; it was a sudden and unplanned action.
The fact that 1LT Niles was removed from his position, subjected to humiliation and
shame is a deterrent and reminder to other MPs not to place themselves in that sort
of position. This does not require court-martial to achieve deterrent effects.

(6)
The interests of 1LT Niles, his soldiers, and the United States Army.
According to, testimony presented at the hearing, 1LT Niles is a good officer, a good
husband and father, and a good man. He already earned a masters degree in
counseling prior to receiving his commission, and in particular, he was interested
in helping troubled youths. According to his wife who testified at the hearing, 1LT
Niles always wanted to be a soldier and a police officer; as an MP he could "have
his cake and eat it too." He made one mistake. All of his efforts previous to the
striking of prisoners are greatly diminished by his actions. But his chain of
command believes in him, his soldiers believe in him, and they think he can overcome
this event. He should be given the chance to redeem himself while in uniform, and
use this event as an example to other leaders for the future. Throughout my career,
I've seen junior leaders make mistakes. But they were given the chance to overcome
them, based on their potential to the Army. Gen Powell relates how he was given a
second chance after losing his pistol as a young officer. BG Freakley once told me
how he committed an error as a 1LT commander by unlawfully restricting a soldier for
a weekend under lock and key in his supply room. Gen Powell was his brigade

commander at the time, and gave him a second chance, too.

e. ARTICLE 32 HEARING DELAYS

Original date of hearing: 5 April 2004

Defense requested delay dated 30 March 2004 for a hearing NET 26 April 2004 for

family reasons - approved by G

9 April 2004

Defense requested delay dated 17 April 2004 for a hearing on 11 May 2004 for
psychiatric evaluations related to defense - approved by4011Miligr20 April 2004

Defense requested delay dated 3 May 2004 for a hearing on 14 May because of
scheduling conflicts related to the defending counsel - approved by 1111011111.1111.11.11111111110

on 3 May 2004.

Article 32 hearing was conducted on 14 May 2004.

C 03262

SUMMARY OF THE PROCEEDINGS
The Deposition Testimony of VIRMINNIMMEIRlaiiII, in the case of
U.S. v First Lieutenant Glenn A. Niles was called to order at 0900 hours, 12 May 2004, Grafenwoehr Training Area, Building 621, 100th Area Support Group Conference Room, Grafenwoehr, Germany:
The following persons were present:
Investigating Officer,IMEWMaiiiiiiiMEMMO
Trial Counsel4MINEMNIMMIS
Assistant Trial Counsel, 411111.111111111.M.1111110
Defense Counsel, 1110011111111.101;
The Accused,1111111111111111111MMIN1;
The Reporter,11111011111.11.110;
Assistant Reporter,111111111111M111.11100

fligaliiiIMMIIIMMIIMMINIIIII*709th Military Police Battalion, was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
Lieutenant Niles was a platoon leader in the 615th Military Police Company. The 615th Military Police Company was one of the units that fall under my battalion. I believe it was one
/
1 o 0326 3
DOD 001972
of the sergeants from the 615th Military Police Company that told the Commanding Officer about the incident. I am not certain nor clear of the actual events. Imminamamas
informed me of the incident, I agreed to remove Lieutenant Niles from his leadership position. I assigned the Lieutenant in the battalion staff. I appointed_ dilsito investigate the allegations against Lieutenant Niles. /started his investigation after consulting with the brigade Judge Advocate. He took sworn statements from the witnesses present at the incident. While Lieutenant Niles was working at the battalion, he performed his duties very well. Even after the incident, he still performed very well. Lieutenant Niles told me what had happened. He took full accountability for his actions and he apologized. I asked him why he did it, and he could not give me a clear justification. I don't know how much stress Lieutenant Niles experienced, but it's clear to me that he snapped and lost control. Lieutenant Niles was performing as Provost Marshall. He was responsible for the administration of an Iraqi Police station that contractors were building. Lieutenant Niles was also responsible for training the Iraqi Police force. The Iraqis have no concept of the law enforcement system and that's one of the reasons why it was hard for the Lieutenant to complete his mission at the Iraqi Police Station. The Iraqi Police station was the northern most of Baghdad. The soldiers traveled about twenty minutes from their quarters to the Iraqi Police station. There were many hostiles that the soldiers had to go through just to get to the station. Lieutenant Niles was responsibl6Tot' all the administrative process in the station. He was responsible for many things and I believe that his platoon took great pride in the Iraqi Police station because they were rebuilding something that was completely destroyed. They turned stone and rubble into a working police station, and I believe Lieutenant Niles took personal pride in his work. He rebuilt something that would benefit not only the Iraqis, but also his unit. Lieutenant Niles did not receive the actual
2

Provost Marshal training because it was reserved exclusively to the Captains and above. Therefore, Lieutenant Niles had to work without the actual training of a Provost Marshall. I don't believe that after he was removed from the platoon that the soldiers performed less. I mean, his platoon sergeant took over his position, but Lieutenant Niles' absence did not change the platoon's mission performance. Yes, his platoon sergeant now had additional duty and responsibility, but even with added task, the platoon was still able to operate the police station and train the Iraqis. I cannot say for certain that the morale became an issue when Lieutenant Niles was removed from platoon leadership. I wrote our brigade commander recommending Lieutenant Niles to resign his commission. I don't believe that such action warrants a person's life. I mean a federal conviction would end Lieutenant Niles' career and civilian chance of working at a reasonable job. I consider his past duty performance and his potential to overcome the incident. Yes, what he did was wrong, but he took full accountability for his action. How much punishment he should get depends on the authority imposing the punishment. I would take
Lieutenant Niles with me again down range again.
QUESTIONS FROM THE TRIAL COUNSEL
The platoon sergeant and the platoon went through the same long work hours; lack of sleep; and hostile environment as Lieutenant Niles did. Yes, they did not strike the prisoners. Lieutenant Niles' action was not acceptable. He was training the Iraqi Police how to handle and treat the prisoners. The Iraqi Police had little or no training at all. If Lieutenant Niles was training the Iraqi Police and wanted them to follow his example, then it would send the wrong signal to the Iraqi Police if they had seen what Lieutenant Niles did. But to my knowledge, this was an isolated incident. The Lieutenant did a great job administering the police station. The
/
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3
prisoners where suspected of criminal offense. They were in the station waiting to be transferred to the Iraqi judicial court system. There they would be tried for their offenses. They were still innocent until found guilty in an Iraqi court. I don't know what happened to them after they were transferred. I fully supported the company commander in handling the incident. It was 41110111111011111M110sthat made to me the recommendation of removing Lieutenant Niles from the platoon leadership. I believe the incident should be handled with a letter of reprimand.
There being no further questions, the witness was warned not to discuss his testimony with anyone, was permanently excused, and withdrew from the proceedings.
The Deposition Testimony ofiralIMMERMINIMIN in the case of
U.S. v First Lieutenant Glenn A. Niles adjourned at 0945 hours, 12 May 2004.
/
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4
SUMMARY OF THE PROCEEDINGS

The Deposition Testimony of IIIIIMMIIIIIIM111111111* in the case of
U.S. v First Lieutenant Glenn A. Niles was called to order at 1450 hours, 13 May 2004,
Grafenwoehr Training Area, Building 621, 100th Area Support Group Conference Room, Grafenwoehr, Germany:
The following persons were present:
Investigating Officer ikili;
Trial Comsel, emmirmup;
Assistant Trial Counse1,41011111MMEMININIMIC
Defense Counsel, 11111111111111111111.111111;
The Accused,emimmummiarme;
The Reporter,11.11111111¦111111111111011116.
Assistant Reporter, in1111111.11.1.1111110

41111111.11101111111111111110111111111.111111111MINIMINIORIMIIIS Tiipler Army Medical Center, Honolulu, Hawaii 96859-5000, Currently TDY at the Laundstul Regional Medical Center, was called as a witness, was sworn, and testified in substance as follows:
/
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5
QUESTIONS FROM THE DEFENSE COUNSEL
I don't mind starting early today. I went to medical school and became a doctor, physician in surgery. I have specialized training in psychiatry from UCLA (University of California, Los Angeles) and USC (University of Southern California). I did a year of internship and three years of psychiatry practice. In 1984, I worked for the Atascadero State Penitentiary for the criminally insane and became certified in forensics. In 1966 to 1969, I was a Special Forces Medic and cross-trained in weapons and demolitions. I got out and went to school to become a doctor. In 1980, I became the battalion surgeon for the 12th Special Forces in Hamilton Field, California. In 1984, I became a psychiatrist for the SERE (Survival, Evasion, Resistant and Escape) School at Camp McCall in Fort Bragg, North Carolina. I have been a board certified psychiatrist for twenty years. I cannot talk about my work in the Army Special
Forces.
The Defense Counsel stated that no questions were to be asked about any Classified work the witness conducted in the Army Special Forces.
The Trial Counsel asked the Investigating Officer if he had a copy of the witness' Curriculum Vitea.
The Investigating Officer stated that he had a copy of the witness' Curriculum Vitea.
003268
6
Atascadero is a state hospital for the criminally insane. It has approximately a thousand
beds and houses various types of criminals. I worked with LAPD (Los Angeles Police Department) SWAT (Special Weapons and Tactics) Team 1983-1984. I became their psychiatrist consultant. My experience in psychiatry in the military began in Tripler Army Medical Center as director of in-patient psychiatric unit and later became director of psychiatry department. I moved to Sholfield Barracks, Honolulu, Hawaii and became the Chief of Community Mental Health Center. I am engaged in private practice, military psychiatry, emergency psychiatry, consultation, and psychiatric interviews. I wrote an article in 1997, titled "Stress on the Battlefield." I studied law enforcement stress extensively. I have meet Lieutenant Niles on two occasions. I reviewed the case file. I asked Lieutenant Niles if he could give a clear detail of what was going on in the field before the incident took place. I know things arc very difficult in the field right now. I wanted to know the level of stress he was experiencing in the field before the incident. Some of the stress factors Lieutenant Niles was experiencing were long work hours, lack of sleep, climatic (hot) environment, and hostile environment. It was very different compared to the law enforcement shifts in the United States. The Lieutenant did not tell me if he had any days off. Lieutenant Niles told me when he heard the prisoners tried to escape; he asked two others MPs (Military Police) go with him. This act indicated to me that the Lieutenant was anticipating problem with the prisoners or he wanted an extra back up. The Lieutenant ordered the prisoners to face the wall where the hole had been made. He asked them if they made the hole in the wall. Lieutenant Niles stated the he got aggressive with them and punched them in the stomach and one of'the sergeants pulled him as he kicked the third prisoner. The Lieutenant was very open and straightforward about everything. He did not try to hide or avoid talking about the incident. The Lieutenant was very emotional and sorry about his action.
/
7 003269
During and after deployment, performance starts to go down hill. This means that every individual is subject to stress and job performance will be affected. I have seen MPs having a hard time making transition from the garrison to the field. I think the MPs have more stress because of the different rules they have to follow. The MPs are being told one thing and later being told another. I have formed an opinion in the Lieutenant's case. The Lieutenant had no bad past or prior record. It appears that the Lieutenant had been a very good soldier. I know the Lieutenant had a lot of stress. When the Lieutenant was taking control, he was maintaining control of the prisoners and he just snapped in the process. I think the Lieutenant's action should be recorded and be placed in his record for ninety days as a reminder of what not to do. The key to future misconduct is the past history behavior of the Lieutenant. There is no indication that his action would turn into a pattern in the future.
QUESTIONS FROM THE TRIAL COUNSEL
I remembered talking to you and*MNIMI11111111111. yesterday and I got in trouble for talking to you both. My boss thought that I was talking to the press. My boss asked if I was talking to the press and I told my boss that I was talking to the prosecutor. There is a difference between a medical training in psychiatry and medical training in body. The basic or initial part of the training is the same, pre-med. Later on during the course, you would go onto your specialized training, internship, residence, and then license. I am trained and licensed in medicine and psychiatry. I can presCribe medicine to mental patients. I went to Loma Linda University for my undergraduate. I went to the Medical School of Guadalajara. I did my fifth year at Pathway Medical Program in the United States. What I meant when I said, "Niles is
CO327 0
8
going to have to pay for an outburst of anger" was Lieutenant Niles made a mistake and in the military justice system, his action has consequences. How much he has to pay will depend on the authority over him. He was not criminally impaired. The Lieutenant knew right from wrong. I have not done an extensive background examination on Lieutenant Niles. My evaluation is really not finished yet. I spoke with three sergeants but I don't know their names. They made statements that are in the packet. I spoke with them on the telephone. I met with Lieutenant Niles twice face4o-face. I reviewed the file Defense Counsel gave me. There is other information that could change my opinion. I do not yet know that information. I have not done a psychological test on the Lieutenant. I would conduct a full psychological test before making an evaluation on Lieutenant Niles. Lieutenant Niles had a diminished capacity during the incident. Did he know right from wrong? Yes, he did. However, diminished capacity and knowing right from wrong are two different things. Yes, Lieutenant Niles knew right from wrong. However, he had a diminished capacity due to the level of stress. His lack of sleep and long work hours would diminish his capacity to perform his duty. But would he know right from wrong after his diminished capacity? Yes, he would. But because I have not done a complete evaluation on Lieutenant Niles, I don't know where I stand as far as his diminished capacity. What I meant when I said, "Giving them a doughnut was not going to work" was having control by maintaining control. When a police shows a level of authority, the subject responds to that authority. If the subject sees weakness in the authority, the subject would more likely over turn that authority. Showing force is not abuse. It is a way for the subject to comply with authority or authority will use force to make the subject comply with authority. Law enforcements are trained to be aggressive. I don't know what happened with Lieutenant Niles' case but I know he was responding from frustration and anger. I am familiar with what I read in the case file. The
/
C332'71
9
prisoners were not presenting a treat. I was doing my police work, I placed an individual up against the wall. I did not strike at the individual. Lieutenant Niles was baffled by his behavior. He could not give me an explanation for his action. He told me he stuck two in the stomach and kicked the third. The Lieutenant said he was frustrated and angry and he just snapped. There was no policy on how to handle the situation. I think there is a policy on not to strike at prisoners. Military Police are trained on when and when not strike at people. There are differences in Basic Military Police training and Combat Military Police environment. There is a stress level difference. Do I agree that what Lieutenant Niles did was wrong? It's a good question. Maybe he did it to make the prisoners from doing it again. Would it be wrong for a police officer to strike at the prisoner? It would depend on the situation. I cannot say that it was wrong for the Lieutenant to beat up the prisoner in a combat situation. All I know about Lieutenant Niles is what I have read in the case file. I need to do a more extensive background evaluation. But from talking to the people around him, he seemed like a pretty nice guy to me. I have not conducted an extensive background evaluation on Lieutenant Niles' background. I am about one quarter away from my evaluation.
QUESTIONS FROM THE DEFENSE COUNSEL
The Defense had not asked me to do a full extensive report. I was just asked to assess and consult with the Defense. I wasas asked to do a preliminary evaluation on Lieutenant Niles. Diminished capacity and knowing right from wrong are two separate things. Lieutenant Niles knowing right from wrong is not an issue. He knew what he was doing. The issue is the level of diminished capacity. I cannot give an answer to his level of diminished capacity. My opinion on
10 / 003212
DOD 001981
his diminished capacity is that it should be taken into consideration when imposing punishment. Lieutenant Niles never told me that what he did was okay. He took full accountability for his action.
QUESTIONS FROM THE INVESTIGATING OFFICER
I will use suicide to explain Past History Behavior. When someone tries to kill himself or herself, psychiatrist look at the past history of the individual. The psychiatrist is looking for pattern of behavior that would indicate future or repeated pattern of the same kind of behavior. Basically, if someone tried to commit suicide twice, more likely the person would try to commit suicide again. I was looking for Lieutenant Niles' Past IIistory Behavior to see if he had the same outburst of anger before. I did not find any.
There being no_further questions, the witness was warned not to discuss his testimony with anyone, was permanently excused, and withdrew from the proceedings.
The Deposition Testimony of 411111111¦11¦11111.1111Mall. in the case of
U.S. v First Lieutenant Glenn A. Niles adjourned at 1645 hours, 13 May 2004.
/
11 003273
SUMMARY OF THE PROCEEDINGS

The Article 32 Investigation was called to order at 0859 hours, 14 May 2004, Rose Barracks Courtroom, Vilseck, Germany:
The following persons were present:
Investigating OfficerAimiamiali11111111111 ¦1.111111M
Thal Counsel,-I
Assistant Trial Counsel,
Defense Counsel,1111111111111111MIIIW
The Accused, 41.1111.1111.1111.1.1111aia
The Reporter, 101111M.411.1.
The Investigating Officer stated that he was the Investigating Officer detailed in the case and read the rights of the Accused to an Article 32 Investigation and stated that he understood his rights.
The Defense Counsel waived the reading of the charges.
The Investigating Officer declared the three Iraqi prisoners as reasonably unavailable for purposes of testimony.
003274
12
The Trial Counsel introduces the complete commander's inquiry report done byialt OM 1LT Niles' sworn statement, 1LT Niles right waiver, two sworn statements from an amminammuo sworn statement, filialllailesworn statement,
sworn
statement, and 111.111111 sworn statement.
The Defense Counsel voir dire the Investigation Officer.
QUESTIONS FROM THE DEFENSE COUNSEL
I have not had any conversations with the command concerning this case. I am familiar with the incidents in Iraq right now with the prisons and the MP's. I have heard statements made by government officials that justice would be handed out in these cases. I do not feel any
pressure to recommend any certain disposition in this case based on the incidents in Iraq.
111101.11.1111111111111110 92nd Military Police Company, was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE TRIAL COUNSEL
I was formerly deployed in Iraq. I was involved in the commander's inquiry for 1LT Niles. appointed me to that duty. I was appointed to look into misconduct at the Al-Taji police station. After I was appointed I went to battalion to speak witleallia. for a legal briefing on how to handle the investigation. Then I went to the Al-Taji police station to interview
G03275
13
DOD 001984
all of the soldiers there to see what they knew. The AI-Taji police station is on the north side of
Baghdad. The battalion is on the west side of Baghdad. It's about 20-30 minutes from the battalion to the police station. I brought in all of the soldiers to explain to them what I would be doing. I told them not to discuss the incidents among themselves. I interviewed the soldiers one by one. There was a maltreatment of three detainees at the police station. I took five sworn statements. Three of the detainees tried to escape from the prison. The platoon sergeant informed 1LT Niles of the incident. The next day, 1LT Niles went to inspect the damages done by the prisoners. It was around 24 hours from the time of the attempted break out to the time of the incident. 1LT Niles discovered that the prisoners had attempted to break through the wall with a pipe. He told one of the sergeants to bring the detainees into the latrine where the damage was done. He grabbed one of the detainees and kind of threw him over to where they had attempted to break out. He repeated the same process with the second and the third followed. Then he struck the first detainee in the stomach. He did the same to the second and attempted to strike the third but/pulled him away. 1LT Niles then kicked the third detainee. It was not self-defense. The detainees were being compliant. Afterwards I reviewed all of the statements I had received, and then I interviewed 1LT Niles. I talked with him at the battalion TOC, in
421111101 room. I did read him his rights and he did do a rights waiver.
Trial Counsel hands 41111111116a copy of the commander's inquiry and /confirms that it is his commander's inquiry for the 1LT Niles incident.
1LT Niles explained everything to me exactly how I just explained the incident to you. 1LT Niles struck them because of what they did the night prior. I can't speculate as to whether he did
14/ C33276
DOD 001985
it out of anger. One soldier did say that while the unit was in Kuwait that 1LT Niles had pulled a soldier out of the tent because the soldier was not "moving fast enough". That was a previous display of his temper. I don't think that 1LT Niles should command soldiers in the future because of his temper and the position he put his soldiers in that day. The soldiers have a responsibility to report such behavior, so they had to choose between loyalty and duty. up haw came forward about the incident. I am currently a company commander. 1LT Niles was a platoon leader. He was over approximately 30 soldiers. He has to set a good example for these
-soldiers. Striking these detainees did set a bad example. The MP's also did training with the Iraqi police. One of their missions was to train the IP's in proper police procedures.
Defense Counsel objects on grounds of speculation, to a question about how 1LT Niles' actions affected the Iraqi Police.
If the IP's would have found out about this incident it would have set a bad example for them. .
QUESTIONS FROM THE DEFENSE COUNSEL
sme
I think NNW told me about the incident where 1LT Niles had pulled the soldier out of the tent. It was not MIN that was pulled out of the tent. They did not mention the circumstances surrounding the event. I didn't hear anything about a fire. I did speak with NM once on the phone and once at the brigade. I did that before I spoke with the witnesses.
I
contacted him again to let him know the report was complete. I don't remember talking with him about my findings. I did see the damage done by the detainees. It wasn't actually a hole in the
15 / G o 3 217

wall. They used a metal pole to damage the wall. The damage was approximately three feet by four feet. If they would have gone all the way through the wall, the detainees could have slipped through it. I understood that the detainees were there because they killed a taxi driver and stole his car. 1LT Niles never dodged the issue. He was very forthcoming with all of the information. It took me about a week to complete my report. Once I turned in my report I did not have any further contact with the command, concerning the incident. I'm not sure why it took two months
• to prefer charges.
QUESTION FROM THE INVESTIGATING OFFICER
I met 1LT Niles last March when we deployed. We spent 7 months together, but did not have a lot of contact with each other because of our positions. I did not know any of the NCOs prior to the incident.
QUESTIONS FROM TIIE TRIAL COUNSEL
I believe the detainees were about five foot six to five foot eight and around 150-180 pounds.
There being no further questions, the witness was warned not to discuss his testimony with
anyone, was permanently excused, and withdrew from the proceedings.
/
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16
The Defense Counsel introduced the audiotapes from the VTC's with11111.111. and
same
141.1111011111111.111110111. 615th Military Police Company was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
I was with the 615 th MP Company in Iraq. We deployed in March and I took over the platoon sergeant slot in April. Prior to that, I did not really know 1LT Niles. When the incident occurred I was sitting at the front desk with the IP's. 111.111 came down the hallway and told me I needed to get back to where 1LT Niles was. As I came to the doorway to the D-Cell 1LT Niles was coming out. I saw three prisoners on the ground. /came out and was upset as, well. I asked 1LT Niles what was going on and he just shook his head. I found out from IN
mobthat tLT Niles had struck some prisoners. It was out of character for 1LT Niles to not say anything. He is never at loss for words. I never did talk with him again about the incident. I gave a statement to 41.11.10 I had been with 1LT Niles for about four months prior to this incident. I have been in the Army and an MP for 16 years now. I've been an NCO for about 12 years. I was a platoon sergeant at Fort Polk for a little over a year. Expectations are greater in a combat zone. 1LT Niles was a stern platoon leader who had high standards. He expected soldiers to toe the line. We did patrols in Iraq before we got the mission to get the police stations up and running. Most of them were looted and burnt, and we basically had to start from scratch. About 20 percent of the IP's were dependable. They had no ethics or police standards. One of the main
/
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17
stresses was the heat. Force protection was a big issue as well. There was also the threat of LED
attacks to and from the battalion and police station. There were no days off. We worked 12-16 hours a day. There were incidents' about stations being attacked. I don't think that 1LT Niles should go to jail. A letter of reprimand would be sufficient. That would not send a message of toleration. A letter of reprimand is pretty serious for an officer.
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
There were some serious effects because of this incident. I was the one who reported the incident. That was probably the most difficult thing I've ever had to do. I am responsible for helping train the LT and I kind of feel like I failed him. It's still in the back of my mind. 1LT Niles put his soldiers in a bad situation. You have to lead by example. This is something young soldiers would not picture an officer doing. They had to choose between 1LT Niles and the Company. As the platoon sergeant I had to step up. There were already plenty of stress factors. I got five hours of sleep if I was lucky. I did put in as many hours as 1LT Niles and was under the same kind of stress. I never did strike anyone. I found other ways to deal with the stress. The three detainees were accused of crimes, but that doesn't mean they deserve to be struck. Just because they tried to break out the night before does not mean they deserve to be struck. What 1LT Niles did was wrong. It was our duty to get the stations up and running and to train the IP's. IP's had different tactics in dealing with prisoners. It would not be uncommon for them to beat prisoners. We were trying to teach them to only use necessary force. We taught them the proper ways to treat detainees. We tried to lead by example. 1LT Niles did not set a good example.
18 ki 3 26 0
DOD 001989

QUESTIONS FROM THE DEFENSE COUNSEL
I did report the incident. 1LT Niles never told me to keep things between us. I think the day of the incident we had a force protection inspection. 1LT Niles did seem detached during this whole incident. I've never talked with0111111.11.about this case. I don't recall any weapons
being retrieved around the Taji station.
QUESTIONS FROM THE INVESTIGATING OFFICER
1LT Niles never gave me any impression that I wasn't doing my job as a platoon
sergeant. He actually complimented me. I do not believe that the IP's knew why 1LT Niles was re-assigned.
QUESTIONS FROM THE DEFENSE COUNSEL
We moved those three detainees to Camp Crawford, and from what I heard, one of them was released due to a lack of evidence. They were not injured or taken to a hospital.
QUESTIONS FROM TIIE INVESTIGATING OFFICER
033281
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DOD 001990
I have been with these NCOs for over a year now. They all have very strong character. I do not know of any personal conflicts between the NCOs and 1LT Niles. They may have procedural conflicts. There were complaints about how he wanted to run things, but I did support my platoon leader.
QUESTIONS FROM THE DEFENSE COUNSEL
I never felt that the things 1LT Niles wanted to do were inappropriate. He just had high standards. These were just basic soldier gripes...11M does have a tendency to exaggerate things.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
The Article 32 investigation recessed at 1000 hours, 14 May 2004 The Article 32 investigation reconvened at 1002 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
NIMMIIIIMMMUM. 615th Military Police Company was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
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20
I was in the same platoon down range as 1LT Niles and 01•1111111 I was the first squad
leader in first platoon. I did observe what happened./and-were also in the room with 1LT and myself Niles. I was the closest to 1LT Niles. The incident stopped when I grabbed the LT. Once I nudged him back he turned around and walked out the door. I followed him to the patrol room and I closed the door. I told 1LT Niles that he better not ever put me of my soldiers in that position again. 1LT Niles didn't respond. That was unusual and out of character for him. He seemed zoned out. He just kept looking straight ahead. I was not present for the conversation between 1LT Niles and Mme. None of us discussed it after that day.
1LT Niles never told me to keep this between us. He hit two of the detainees once each in the gut and kicked the third. I would not say that he used full force. He did not resist as I pulled him away. The detainees were brought in because they killed a taxi driver and stole his car. They tried to escape the same night they had been brought in. One of the other prisoners informed us of their attempt to escape. None of the three denied doing the damage. Had the hole been bored the whole way through, the prisoners could have escaped. I've been in the Army for 13 years. I've been an NCO for about 8 years and an MP all 13 years. 1LT Niles is a great lieutenant. Everything he did was for the platoon and he had high standards. Other than this incident there was nothing inappropriate in his actions. In Kuwait we had a trashcan by our tent that had caught fire. We had to get everyone out of the tent. I didn't see what 1LT Niles did, but I heard that he just grabbed the soldier and pulled him out of the tent. I don't think that 1LT Niles should be court-martialed. I think a letter of reprimand would be strong enough punishment.
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
/
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21
The attempted escape happened the night before the incident. 1LT Niles wanted to talk to the detainees responsible. alis is ordered to watch the remaining detainees as the three responsible were taking into the latrine area. It was 1LT Niles, /111111114, and myself. I don't remember what the detainees were wearing. They were about five foot five or six and maybe 150 pounds. They were not a threat to us at that time. They did not make any threatening gestures. 1LT Niles makes first contact. 10111111110 demonstrates 1LT Niles actions by grabbing -_by the back of the neck and kind of pushing him about three feet over. He then demonstrates how 1LT Niles struck the detainees by performing a low punching motion towards fallfillistomach area.111.16 then demonstrates the position of the third detainee by crouching down on the ground with one knee on the ground and one hand in the air shaking, as lie says, "no mister, no". He then demonstrates 1LT Niles actions towards this third detainee by showing a kicking motion while acting as if being pulled back at the same time. This kick was said to have landed in the chest area of the third detainee.
The detainees were lined up facing 1LT Niles. He keeps asking them, 'Did you do this, did you do this?" in a forceful tone. He then punched one in the gut and I started to walk towards him. Before I got to him he had already punched the second one in the gut. I pulled him back and he kicked the third detainee, then turned around and walked out. %Ma had left the room. None of the detainees attempted to lunge at 1LT Niles. He did not act in self-defense. 1LT Niles may have been stressed out and upset. 1LT Niles did put me in a bad situation. I had to choose between the LT and the Company. He did not put my career in jeopardy. I don't feel that it could come back on my soldiers or me because we had not done anything. I was concerned about the potential effect this could have on my soldiers and me. We did have stressful conditions. We had
22/ 0,328 4
DOD 001993
no air conditioner. We did work long hours and little sleep. I never struck anyone. The detainees were the worst of the worst; car-jackers, rapists, murderers. This does not give us the right to strike them. "Sending a message" to the prisoners is not justification to strike the prisoners. We were there to show the FP's that abuse and unnecessary force was not the way to handle police situations. 1LT Niles set a bad example.
QUESTIONS FROM THE DEFENSE COUNSEL
Typically, you may get three to four hours of sleep. This did add to the stress level. There were threats of mortar attacks and car bombs as well as other issues. Force protection was very important. There were some mortars found in a well right outside our station. These could have been used to attack our station. Leaders do have additional stresses. I had nine soldiers in my squad. 1LT Niles had about 30 soldiers under hint The detainees did not require medical attention. This incident was reported immediately.
QUESTION FROM THE INVESTIGATING OFFICER
I know the NCOs in my platoon quite well. I am a friend with them. They have good character. The only conflicts they had with 1LT Niles were with some of his ideas on how to run things.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
23/ 003265
DOD 001994
0111111MINIMMINg 615th Military Police Company was called as a witness, was sworn, ami testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
I was present during this incident. I did observe what happened. 1LT Niles said he
wanted to see the prisoners who had attempted to break out. sum stayed with the remaining prisoners and we took the other three in to where they had tried to break through the wall. I did see the damage. They had taken a pipe and busted the wall. With more time they could have escaped. 1LT Niles grabbed the first prisoner and put him up to the wall and asked him, "Did you do this?" and then struck him in the stomach. Then he immediately grabbed the second one and struck him in the stomach. Thence pulled him back. I did not discuss the incident with 1LT Niles or anyone else because of the investigation. I was never encouraged to not tell the truth. The prisoners were not injured. I've been active duty for about 6 years now and was in the reserves for about 6 years before that. I've been an MP for about 12 years. I've been an NCO for less than a year now. There were things that 1LT Niles did as a platoon leader that I disagreed with We butted heads a lot. His heart was always in the right place even if I didn't always agree with him. He did have very high standards. I think things have gone far enough as fax as punishment. A letter of reprimand would be a strong enough message. I do fee that he is reformed and has repented. I am confident in his leadership and I would deploy with him,
24/ C.032S ,
QUESTIONS FROM THE TRIAL COUNSEL/ASSISTANT TRIAL COUNSEL
We were all armed that day. The detainees were 5'5 to 5'10 and approximately 140-160 pounds. They were compliant to the orders they were receiving. There was no translator. I did not feel that they were a risk to us at that moment. 1LT Niles made first contact. He grabbed the first detainee and put him in front of the hole and asked, "Did you do this?" and then struck him in the stomach. He did the same with the second. Then 1 pulled him away. The third detainee was not a threat. 1LT Niles did not act in self-defense. I don't feel that I was put in a bad situation; maybe the platoon sergeant and the squad leader. I wasn't happy with the position they were put in. Security was not really heightened because of this. We worked 12 hours minimum everyday of the week. Hived in like a partial kitchen area. There were about six inches between my cot and the sink. It got around 140 degrees. I would get maybe four to five hours of sleep a night. I was in Iraq for almost a year. There were a lot of stress factors over there. There were a lot of times I was not in a good mood. I did soldier. on. I never struck any detainees. Just because the detainees were in the prison for serious crimes does not make it right to strike them. Striking the detainees was wrong. One of our missions was to train the IP's proper police procedures. The IP's were drunk a lot of times and would beat the prisoners. We were there to try and help bring some reform. We had to lead by example. We tried to train them to use only the necessary force for the situation at hand. 1LT Niles actions that day did not set a good
example.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was temporarily excused.
25/ 003267
The Article 32 investigation recessed at 1046 hours, 14 May 2004 The Article 32 investigation reconvened at 1053 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
,
1 LT Niles di, was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM TIIE DEFENSE COUNSEL
We have been married for almost eight years. We have three children. Glen has been in the Army for almost four years. We got to Grafenwoehr at the end of 2001. His company deployed in March of 2003. He was gone for almost a year: He called me and told me that he was sorry. He was crying and said that he had put the kids and me in a bad situation. He couldn't elaborate but he kept saying lie was sorry. It was a little hard in the beginning when he first got back. There was an adjustment time. He has been a little more withdrawn. Before he got in the military lie worked with kids. He got his master's degree in counseling. He worked a lot with troubled kids. We went to lunch one day and Glen started talking to an Army recruiter and then a few months later, here we are. He always wanted to be a police officer and a soldier, so here lie is having his cake and eating it too. Glen is our family's rock: financially, spiritually, and emotionally. There's nothing lie would not do for his family. He has always said God first and then family. When I talked to him about Iraq, he said that he fought for God and country. The
/
003288
26 fact that he got up everyday and did his job to his best ability even after knowing that his career was on the line shows what kind of man he is.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was permanently excused.
The accused (1LT Niles) makes an unsworn statement.
The Article 32 investigation recessed at 1106 hours, 14 May 2004 The Article 32 investigation reconvened at 1347 hours, 14 May 2004
All parties present before the proceeding recessed were again present.
The Defense Counsel introduces 1LT Niles Officer Enlisted Records, and two letters of support written by fIRINIMINIMMINIONIMINO.
111111111.111111111¦11111110, 615 th Military Police Company was called as a witness, was sworn, and testified in substance as follows:
QUESTIONS FROM THE DEFENSE COUNSEL
033259
27
I am still with 615 th MP Company. I have been with them for almost two years. I PCS to Fort Leonard Wood on Monday. I was the company commander and 1LT Niles was one of my platoon leaders. He has grown to be a very good lieutenant. He did make a mistake, which has brought us here. He was a lieutenant that was learning and had challenges to overcome. There was the incident about pulling the soldier out of the tent. He has had developmental issues that all lieutenants go through. I never questioned his integrity. Our mission in Iraq was to train the Iraqi police and to stand up the police stations. Our unit had about seven stations to oversee. I worked as the liaison for the sector commander. Our guys worked as provost marshals and chiefs of police. The lieutenants were also in charge of setting up all force protection measures for the stations. Our platoons were stretched pretty thin There were attacks on the police stations. It was extremely hot there, between 120 and 140. 1LT Niles accomplished the missions. 1LT Niles was moved out of the platoon pending the commander's inquiry report. He was moved to battalion staff. He worked under the Executive Officer in the S4 and also as a night battle captain. I still talked to him on a regular basis because he was still one of my soldiers. He soldiered through all
,
of this. Soldiers who get in trouble either let it get to them, or they soldier on. I do know who IMMO is and I talked to him on a regular basis. /spoke with him first
concerning this incident and then I talked witl . First we wanted to let the
commander's inquiry to be done first. Once it was determined that the incident did in fact occur, 111111101•111s and me discussed what to do with the case.ft1111110 and I disagreed on the basis
of this case. He felt that it was a war crime and I did not. I interpreted this as an assault. I would not compare this to the current issues in the news concerning the prison abuse. It was my
signature that did prefer charges. I think that he should receive a letter of reprimand or a general officer Article 15. I think that the statement that this will not be tolerated has already been made.
003200
28
QUESTIONS FROM THE TRIAL COUNSEL
One of the squad leaders came to me saying that 1LT Niles had placed his hands on one of the soldiers. It turns out that he did not place his hands on the soldier. He did grab the soldier's LBV and pulled them out of the tent. I was briefed that they were looking for a magazine containing 9mm rounds. I don't know the exact reason except that he was trying to clear the room. He told me that he was just trying to get the soldiers out of the room. I had no thought that he was trying to injure the soldier. I do know that JAGs do not make the final decision and that it was me who preferred charges. There was no undo command influence. We did scenario base things but I was free to do as I saw fit. I've been an MP for about nine and a half years. MP's do get trained on when and when not to use force. We are not trained to use force for no reason. MP's are only supposed to use force when necessary. It was not necessary for 1LT Niles to use force. 1LT Niles was responsible for about 26-2a soldiers. As a leader you are set apart to set an example for your platoon or company. The troops knew that what he did was wrong. Part of his mission was to train the IP' s. This kind of behavior would not send a good message to the 1P's we're trying to train.
QUESTIONS FROM THE DEFENSE COUNSEL
1LT Niles never denied that the incident happened. He has taken full responsibility for everything.
003291
29
QUESTIONS FROM THE INVESTIGATING OFFICER
Our company was attached to 1111111111141111battalion. Our battalion commander is normallIM•.1111.111101111110was in Kosovo during the time of the incident. This incident was not included in that particular rating period reflected on the ORB. I had seven platoon leaders in my company. One was rated undet411111/110, and1.111111 rated all the others. I recommended 1LT Niles at center mass. We were responsible for seven police stations. The brigade commander at the time was. Force protection was the most important thing during his inspections. The next big issue was overall sanitation. He would tell
you if your station was not adequate but he wouldn't chew out any junior officers. I do highly
recommend 1LT Niles. I do not want to see his career ended. He does need to be held accountable for his actions. Court-martial or dismissal is definitely career ending. An Article 15 is close to a career ender, but it can be overcome with a lot of hard work. I would like to see him
continue his career.
There being no further questions, the witness was warned not to discuss his testimony with anyone and was permanently excused.
The Government Representative asked the defense if they wanted any of the other possible witness to be called.
Defense counsel declined the calling of further witnesses.
003292
30
DOD 002001
The Investigating Officer permanently excused all of the witnesses,
The Article 32 investigation adjourned at 1440 hours, 14 May 2004.
31 / 03 29 3

aisammisarimenal.

CURRICULUM VITAE
DATE OF BIRTH: 4 October 1946
PLACE OF BIRTH: Glendale, California
SSN:
PERSONAL DATA: Married

HIGH SCHOOL: San Fernando Valley Academy San Fernando, CA
COLLEGE: Loma Linda University 09-1964 to 06-1966 Loma Linda, CA 08-1969 to 08-1973 B.S. degree — Major — PreMed
Degree received 14 March 1974 MEDICAL: 09-1973 to 06-04-1977 Universidad Autonoma De Guadalajara
Guadalajara Jalisco, Mexico
M.D. Degree
POSTGRADUATE:
07-01-1977 to 06-30-1978 Pre-clerkship in general medicine in preparation for the 5 th Pathway Program — Granada hills Community Hosp. Granada Hills, California
07-01-1978 to 06-30-1979 Pre-cxternship in general medicine in preparation for the 5th Pathway program — Los Angeles County, Olive View Medical Center-Sylmar, California
07-01-1979 to 06-30-1980 5 th Pathway Program Loma Linda University School of Medicine Loma Linda, California
INTERNSHIP:/General Psychiatry Internship Los Angeles County-Olive View Medical Center Sylmar, California
This consisted of an eight months of rotation. One month in the emergency room, three months psychiatric outpatient, four months psychiatric inpatient (locked psychiatric ward).
003294

Page Two Curriculum Vitae
09-1980 to 12-1980/Sepulveda Veterans Administration Medical Center-UCLA
This included two months of outpatient with emergency room work, two months of
medical wards.
RESIDENCY:
07-01-1980 to 06-30-1984 Psychiatry Residency — Los Angles County

Olive View Medical Center, UCLA Sylmar, California PROFESSIONAL EXPERIENCE: 07-1984 to 02-01-2000/Private Practice — Psychiatry MILITARY EXPERIENCE: 08-23-1966 to 06-12-1969 CO C —6 th Special Forces Group (ABN)
l st Special Forces US CONARC — Fort Bragg, NC
COMMISSIONED:
10-15-1981 to 02-01-2000 United States Army Reserves
Rank — Lieutenant Colonel, 13 Dec 1995
Rank— Major, 14 Dec1988
Rank CPT, 15 Dec 1981
Rank— 1LT, 10 Sept 1981

BOARD CERTIFICATION: Eligible, General Psychiatry, June 29, 1984
BCFM - Forensic Medicine Diplomate of the American Board of Forensic Examiner Certificate #944 issue date 05-07-1996
BCFE — Forensic Examiner Diplomate of the American Board of Forensic Examiner Certificate #2501 issue date 03-15-1996
/
LICENSURE: California #A36936, issued 07-01-1981, exp 10-31-04 Alaska #AA2849, issued 08-04-1992, exp. 12-31-04
• Hawaii #11166, issued 08-11-00, exp 08-11-04
C 03295

/
Page Three Curriculum Vitae
ECFMG CERTIFICATE: Passed 1980 — took 5 th Pathway Clinical training program to replace this certification.
FLEX — Passed 1980.
WORK EXPERIENCE:/As a licensed M.D. from 1981 to Present
1.
L.A.P.D. (SWAT Team), Crisis Negotiating Team - Psychiatric consultant Dealing with personal police problems; barricaded suspects, evaluation of police stress.

2.
Granada Hills Community Hosp.-Hospice, Psychiatric consultant Specific problems dealing with death and dying of terminally ill patients and family members.

3.
Granada Hills Medical Center, General practice, outpatient clinic. Dealing with general medical problems with outpatients and night call.

4.
Olive View Medical Center, Ward, on-duty General medical and psychiatric problems occurring on the wards.

5.
Olive View Medical Center- Psychiatric Emergency Room Acute psychiatric emergencies, evaluations and hospitalizations.

6.
12th Special Forces Group, Battalion Surgeon — Rank, Captain Function as a general medical officer, dealing with combat injuries, educating Medics./.

7.
Granada Hills Community Hospital — Hypnosis with pulmonary lab.

8.
Atascadero State Hospital — Staff Psychiatrist, Forensic Medical Admissions, documentation of Legal Statutes.

9.
S.E.R.E. Committee (Survival, Escape, Resistance and Evasion), Project Officer, Fort Bragg, North Carolina

10.
Granada Hills Psychiatric Medical Group, Inc. — Private Practice, General Psychiatry.

11.Learning Skills Laboratory, Medical Psychiatric Director
10515 Balboa Blvd., Granada Hills, CA 91344

12. Community Living Resource Center, Patient Consultant
6740 Kester Avenue, Van Nuys, CA 13.Lakeview Medical Center, Psychiatric Medical Director- inpatient unit 14.Mission Hills Psychiatric Medical Group, Inc. — General Psychiatry, private
practice. 11550 Indian Hills Road, Mission IIills, CA 91345 from 1984-1992. 15.Edgemont Hospital — Assistant Medical Director
16. San Fernando Valley Community Hospital, Medical Director, in and outpatient psychiatric unit.
C .0 3 2

Page Four Curriculum Vitae
17.Pacifica Hospital of the Valley, Psychiatric Medical Director, in and outpatient unit.
18.Center For Living and Learning, Inc., staff psychiatrist and psychiatric Medical Director.
19.Forensic testifying in California courts as an expert witness on mental competence 5150 and 5250 hearings.
20. Coldwater Canyon Hospital, Woodview Calabasas Hospital, Charter Hospital, Thousand Oaks, California- Psychiatric Consultant
21, Active Duty Military –October 1990, rank- Major. Operation Desert Shield Fort Bragg, NC. Interviewed soldiers leaving for Saudi Arabia and also evaluating psychiatric casualties returning from Saudi Arabia. Consultant for Special Forces at the S.E.R.E. School.
Active Duty Military – March 1991, rank –Major. Operation Desert Shield, Fort Irwin, CA. Chief, Mental Health at the National Training Center. Evaluated forces undergoing desert warfare training. Treated dependants and also ran the chemical dependency treatment program.
22. El Dorado Mental health – outpatient psychiatrist. 03-1991 to 09-1991 23.. /M.D.- private practice 1992 to 08-1998 24, 113th Combat Stress Company, Consultant to Commander 03-27-1991 to 06-
27-1992.
25.
176th ARCOM Headquarters, Chief of Psychiatry 01-30-1993 to 02-02-1996

26.
National Earthquake Disaster-United. States Army Reserves assigned to the American Red Cross 01-27 to 02-10-1994.

27.
Holy Cross Hospital, Mission Hills, CA, - Chief of Psychiatry 01-01-1994 to 08-09-1998,

28.
Pacifica Hospital of the Valley, Medical Director, Behavioral Health Unit in­patient psychiatric programs 12-01-1994 to 08-09-1998.

29.
Henry Mayo Newhall Memorial Hospital, Medical Director, Behavioral Health Unit, partial hospitalization program and inpatient psychiatric program 01-01-1995 to 08-09-1998.

30.
Serra Medical Clinic, Psychiatric Consultant, 01-01-1995 to 08-09-1998.

31.
United States Army Reserve, 2" d Medical Brigade, San Pablo, CA. Psychiatrist, Mental Health Section 06-1995 to 01-1999.

32.
Promoted to Lieutenant Colonel, United States Army Reserve, Medical Corp., 12-13-1995.—

33.
Charter North Behavioral Health System AKA Charter North Hospital, Anchorage; Alaska – Medical Director outpatient clinics 08-10-1998 to 09-17­1999.

003297

Page Five Curriculum Vitae
34.4111111111111M111111111111111110. -private practice, General Psychiatry, Anchorage, Alaska 08-10-1998 to 02-01-2000.
35.
United States Army Reserve — 1984 th Army Reserve Hospital 01-1999 to 02­01-2000.

36.
Tripler Army Medical Center, Tripler, Hawaii. Active Duty United States

Army. Chief, Inpatient Psychiatric Services 02-04-2000 to 06-2000 Chief, Outpatient Psychiatric Services 06-2000 to 06-2001 Chief, Community Mental Health, Schofield Barracks 06-2001 to 12-01 Chief, Community, Operational Psychiatric Services, 01-2002 to present

37.
Uniformed Services University of the Health Sciences- appointed Instructor in Psychiatry, 02-05-2001 to present.

Publications:
,•'­‘11 01."'
1 .....1",LI".......04ZW.I.J141.1,4141,1•..• .1(Y. I., 111 4.41•414,14144. ­ ' s
3).
woOMEMI
4).

003298

Court cases: Expert Witness Testimony
Appointed as expert in the following cases; California
2.
.. , 1 ,,O¦ •''',;4,.. ,.41}-,..1,,.:4¦ ,,,•,...,,-•••••.'., 1 • "O:•'"' 4 '1 '''/•••••/'
'OI
1
,O
,O
1O ¦
,O
MILITARY
1. lingiliallOgaga
2. tilidiMININNOMOIMP
3. ekaaimirniallilli
03299

DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group
APO AE 09114O•
REPLY TO
ATTENTION OF:
12 G MAP prin4
AETTV-SB-CO

MEMORANDUM FOR Chief, GTA OPS, 100 th Area Support Group, APO AE 09114
SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of U.S. v. First
Lieutenant Glenn A, Niles, Jr.

1. You are hereby appointed to investigate t e enclosed charges against First Lieutenant Glenn
A. Niles, Jr.,/615th Military Pol ce Company, APO AB 09114. Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This investigation is your primary duty until completed. It takesprecedence over all other assignments, including field duty, as well as scheduled leave and TD . If you believe you have a compelling reason to be excused .from this duty, you must submit our request to me within 24 hours of receiving this notice.
2.
Conduct your investigation in accordance with Article 32(b), UCMJ, and RCM 405, Manual for Courts Martial, Edition 2002, and follow he procedural guidance of DA Pam 27-17. Conduct your investigation no later than 7 du days after receipt of this letter. You are, however, authorized to grant a one-time, seen-day delay at the request of the Defense Counsel, Trial Counsel, or for your convenience. I m st approve any delay of greater than 7 days. Document all delays in writing.

3.
Upon receipt of this endorsement, immediately contact 111111111MMONEIMO at

11.6187/7114. Advise1111.1101.11111a that you have been detailed to conduct this investigation. He will schedule an appointment for you to receive a briefing. 11111•111110111111 will provide you with legal advice and guidance. Direct all q estions relating to the investigation, including the admissibility of evidence, to IIMMINNED. !though you may consult with him about procedural matters outside the presence of th accused and defense counsel, you should notify the trial and defense counsel if you intend to iscuss substantive matters of law. Do not contact the trial counsel for assistance in legal matte regarding the investigation of this case.
4. Complete your investigation and forward t to the Office of the Staff Judge Advocate, 1st Infantry Division, ATTN: Military Justice, rafenwoehr Law Center, APO AE 09114. Upon completion of your investigation, deliver sev n copies of DD Form 457 (Appendix 5, MCM), with enclosures and a detailed chronology of your handling of this investigation.
5.111.11.11.1(11,8436) is current! designated as the trial counsel in this case. While this attorney will attend the hearing and ques ion witnesses, it is your responsibility to conduct the investigation. The Trial Defense Service 1112191) will detail counsel to represent First Lieutentant Niles. •
3300

AETTV-SB-CO SUBJECT: Appointment of Article 32(b) Investigating Officer in the case of
U.S. v. First
Lieutenant Niles
6• 11111111101111.111MMINIt, (11.8429) will record the hearing and provide clerical support toyou. Contact ummampg to schedule time and date of the hearing, reserve the hearing
room, and notify the witnesses.
7.
Conduct a swift, fair, impartial investigation of the alleged offenses. Accordingly, you mustcoordihat6 with the trial counsel, defense counsel, and reporter to ensure that all parties acid reasonably available witnesses arc aware of the time and location of the hearing.

8.
The duty uniform will be worn at this hearing to facilitate the witnesses returning to theirregularly prescribed duties after they testify.

ttit4
2
03a301
DEPARTMENT OF THE ARMY 18TH MILITARY POLICE BRIGADE APO AE 09302
AETV-MP 3 October 2003
•:"
MEMORANDUM FOR Major 111111111.1111PS OIC, 18th Military Police Brigade, APO AE 09302-1322
•••/•
SUBJECT: Appointment Of Article 32(b) Investigating Officer in the Case of U.S. v. 1LT Glenn Niles, •/315th Military Police 'Company, 709th Military Police Battalion, 18th • Military Police Brigade, APO AE 09302
1.
You are hereby designated to investigate the attached charges in the case of 1LT Glenn Niles, 615th Military Police Company, APO AB 09302.

2.
Your investigation will be conducted TAW Article 32(b), UCMJ, R.C.M. 405, MCM (2000 Edition) and AR 27-10. Procedural guidance is contained in DA Pam 27-17.

3.
Promptly upon receipt of this endorsement, you will contact the Administrative Law Section, CJTF7 SJA,111110700' to have a legal advisor appointed for you. You are directed to contact your legal advisor within 24 hours of receipt of this endorsement to arrange for a legal briefing. Your appointed advisor will assist you in technical legal advice and guidance. All questions concerning the law applicable to this case, as well as questions concerning admissibility of evidence, etc., will be directed to the advisor. You will not contact the government representative (11111111111111111 and /) for assistance or advice in any substantive legalmatters regarding the investigation.

4.
Your investigation will be completed and forwarded to the 18th Military Police Brigade, Legal Section, not later than ten duty days from receipt of this correspondence. You may approve reasonable defense-requested delays, not to exceed ten duty days in length, occasioned by scheduling conflicts or defense requests for witnesses, and such periods will be excluded, from your allotted time. Any requested delays beyond twenty duty days from your receipt of thiS correspondence will be immediately forwarded through the trial counsel to me for action. Upon completion of your investigation, you will deliver the original Investigating Officer's Report, DD Form 457, with enclosures, and a detailed chronology of the investigation to the Legal Section, 18th Military Police Brigade.

5.
WaraffiNMNAMMI-5110/5112, is the designated government representative in this case./ ,0709, will be assisting with this case. While these officers may attend the hearing, question witnesses, and present the government's case at your discretion, it is your responsibility to conduct the investigation. The accused will be represented by an attorney assigned to or detailed by the Trial Defense Service.

003302

AETV-MP SUBJECT: Appointment of Article 32(b) Investigating Officer in the Case of U.S. vs. 1LT Glenn Niles/i, 615th Military Police Company, 709th Military Police Battalion, 18th Military Police Brigade, APO AE 09302
The government representative and the defense counsel play adversarial roles in the proceeding. Avoid talking to either of these partiq (and any prospective witnesses) about the merits of the case outside of formal sessions in which all parties have the opportunity to be present.
6.
Your clerical support will be provided by the Legal Section, 18th Military Police Brigade, W5110/5112. The duty uniform should be worn at this hearing to facilitate witnesses ­returning to regular duties.

7.
Article 98, UCMJ, prohibits any unnecessary delay in the processing of court-martial charges. This is your primary duty until completed and it takes precedence over all other assignments, including field duty, and scheduled leave or TDY.

Commanding •
Ends
003303

DEPARTMENT OF THE ARMY '
HEADQUARTERS 18th MILITARY POLICE BRIGADE
BAGHDAD, IRAQ

REPLY TO
ATTENTION OF

AETV-MP-S3/
S: 1 NOV 03 21 OCT 03
MEMORANDUM FOR 1LT Glenn Niles, 615th MP Company, 709th MP Bn, 18th MP BDE, Baghdad Iraq APO AE
SUBJECT: Postponement of Article 32(b) Investigation
1.The request for delay in the Article 32(b) Hearing for I LT Niles is granted.
2.
The hearing is rescheduled for NOV 1, 2003 at 1000 hrs in Warrior Palace. I will conduct an investigation pursuant to Article 32(b), UCMJ, to investigate the facts and circumstances concerning charges preferred against you by 111111111111111111111.11111111.1111111111. The charges are: Charge I: Violation of the UCMJ, Article 93, Cruelty and Maltreatment, and Charge II: Violation of the UCMJ, Article 133, Conducting Unbecoming an Officer and a

Gentlemen.

3.
The name of witnesses known to me, who will be asked to testify at the hearing are:

1.1.1111111....
01111111.11•11011111111
111111111111111111•10=11 •

10111111.111111111.
tenwamaNnoll
Additionally, it is my intention to examine and consider the following evidence:
DA Form 2823, INNOMMINNEBMIONIRMO
DA Form 2823,
DA Form 2823,
DA Form 2823,
DA Form 2823,==
DA Form 2823,

4.
As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the

hearing. Send names and addresses of such witnesses to me by 25 OCT 03. If, at a later time, you identify additionalwitnesses, inform me of their names and addresses.

5.
You may contact me atellik5131/ 411111-6747.

Investigating Officer
003304

PRETRIAL ALLIED PAPERS

C 03305
DEPARTMENT OF THE ARMY
7th Army Training Command Directorate of Simulation-Forward
REPLY TO
ATTENTION OF: APO AE 09114-3700
as MAR 200(
AEAGC-TS-F
MEMORANDUM FOR First Lieutenant Glenn A. Niles, Jr../615th Military Police Company, APO AB 09114
SUBJECT: Article 32 Investigation
fit
1.
At 1000 4*,5 E APcmt...-in the Rose Barracks Courtroom, Vilseck, Germany, Building 343, I will conduct an investigation pursuant to Article 32, UCMJ, to investigate the facts and circumstances concerning court-martial charges preferred against you by illailltailininii=1111.11. The general nature of the'charges are three specifications of cruelty and maltreatment, in violation of Article 93, UCMJ; and one specification of conduct unbecoming an officer and a gentleman, in violation of Article 133, UCMJ. The uniform for this investigation is the Battle Dress Uniform (BDU).

2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during this investigation by legally qualified counsel. Such counsel may be a civilian lawyer of your choice, provided at no expense to the United States, or a qualified military lawyer of your selection, if reasonably available, or a qualified military counsel detailed by the Senior Defense Office, U.S. Army Trial Defense Service, Bamberg Field Office, APO AE 09139. There is no cost to you for military counsel. You also have the right to waive representation by counsel.

3.
Additional rights you may reserve include:

a.
The right against self-incrimination under Article 31, UCMJ.

b.
The right to cross-examine any witness presented against you.

c.
The right to present anything in defense, extenuation, or mitigation.

d.
The right to make a sworn or unsworn statement, oral or in writing.

4.
The names of witnesses as known to me, who will be asked to testify at the Article 32
investigation, arc:/ 92nd MP CO, SIIIINO-7281.

5.
Additionally, I intend to examine and consider the following evidence:

Commanders Inquiry into LT Nile's misconduct dated 7 August, 2003 investigated by NO 11111.1111111.11P(Entire Investigation and all enclosures.)
CO3306

AEAGC-TS-F SUBJECT: Article 32 Investigation
6.
As investigating officer, I will try to arrange for the appearance of any witnesses that you may want to testify at the hearing. Send me the names, addresses, and telephone numbers of any such witnesses by NLT 3 days after the receipt of this notification. If, at a later time, you want additional witnesses, inform me of their names, addresses, and telephone numbers.

7.
You may contact me by calling -7945.

Investigating Officer
2/
CO3307
DOD 002016
DEPARTMENT OF THE ARMY
Headquaters, 1st Infantry Division
Grafenwoehr Law Center
Unit 21830

REPLY TO
ATTENTION OF:

APO AE 09114-3700
AETV-BGJA-G (27-10e)
MEMORANDUM FOR Record of Trial
SUBJECT: Receipt of Service of the Article 32b, Investigating Officer Notification Letter
Enclosed is a copy of the notification letter of the Article 32b, Investigating Officer. Please sign and date the acknowledgement below.
Ends as Military Paralegal
I hereby acknowledge receipt of the above documents on
bLENN A. S, J 1LT, U.S. Army Accused
g R.
003308

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
BAGHDAD FIELD OFFICE
CAMP VICTORY, IRAQ

REPLY TO APO, AE 09342
ATTENTION OF:

AETV-THH-TDS
14 October 2003
MEMORANDUM FOR Commander, 18 th Military Police Brigade, Baghdad, Iraq, APO AE
09304
SUBJECT: Request for delay Article 32 Investigation, US v. 1LT Niles
1.
The defense requests a delay in the Article 32(b) investigation to pursue alternate resolution of this case. The Article 32 Investigation is currently scheduled for 18 October 2003.

2.

I am 1LT Niles' military defense counsel. 1LT Niles wishes to pursue alternate resolution to this case. Delaying the court-martial proceedings while alternate resolution is pursued has several benefits for the command, most importantly time and resources.
3. This delay is premised on the fact that alternate resolution is a real possibility. This isevidenced by the fact that 1LT Niles Company and Battalion Commanders have already given
their support to alternate resolution of the case.
4.
Defense assumes full responsibility for this delay. Should alternate disposition not work out
the defense will be prepared to conduct the Article 32 Investigation 5 days after being notified

5.
I am the point of contact .for this memorandum atla/f/r@us.army.mil and AM,

of such decision.
(21-1135.
// original signed //
Trial Defense Counsel
00 3 309
U.6. V. Niles Page 1 of I
From'1111111111111. C.i:111111111.411111111111111111.1@l-c.army.m11
Sent Thursday, October 30, 2003 4:33 pm
To "Womillallallny.mll'" 11.1111111.111111111W115„artny.mii
•Cc
Bcc
Subject U.S. v. Niles Attachments Article 32 delay request 2 - Niles.docO 31K
11:1 5iti Sl
Attached is a delay request in this case. As I stated earlier on the phone, the only outstanding document is a letter of recommendation from his Battalion Commander...M r Once obtained, his resignation packet is complete.
Thank you and the command for the patience.
003310
https://webmail.us.arrny.mil/frame.html?rtfPossible=true&lang=en / 10/30/2003
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE BAGHDAD FIELD OFFICE • CAMP VICTORY, IRAQ APO, AE 09342
REPLY TO
ATTENTION OF:

AETV-THII-TDS/ 30 October 2003
MEMORANDUM FOR Commander, le Military Police Brigade, Baghdad, Iraq, APO AE
SUBJECT: Request for delay — Article 32 Investigation, US v. 1 LT Niles
1.
The defense requests a delay in the Article 32(b) investigation to pursue alternate resolution of this case. The Article 32 Investigation is currently scheduled for 1 November 2003.

2.
I am 1LT Niles' military defense counsel. 1LT Niles submitted a request to resign in lieu of general court-martial on 30 October 2003. One supporting document to this request remains outstanding. 1LT Niles is diligently trying to obtain this document. Delaying the court-martial proceedings while alternate resolution is pursued has several benefits for the command, most importantly time and resources.

3.
The timeline of processing this resignation action is out of 1LT Niles hands. Therefore, the defense requests that the Article 32 Investigation be delayed pending resolution of the resignation action.

4.
Defense assumes full responsibility for this delay. Should 1LT Niles resignation not be accepted the defense will be prepared to conduct the Article 32 Investigation 5 days after being notified of such decision.

5.
I am the point of contact for this memorandum atallini@us.army.mil and 011114/111/.. 4111-1135.

// original signed //
IMMO Trial Defense Counsel
AETV-BGJA-V-TDS/ 30 March 2004
. MEMORANDUM THRU Article 32 (b) Investigating Officer (Attention: MM.
FOR Commander, 100th Area Support Group (Attention:101111111111111.11111.1..
1111.), APO, AE 09114

SUBJECT: Request for Article 32 Delay — U.S. v. 1LT Glenn A. Niles
1.
I am a U.S. Army Trial Defense Services attorney representing 1 LT Niles.

2.
On behalf of my client, I request a delay in the pending Article 32 hearing until no earlier than Monday, 26 April 2004. The purpose for this request is to allow 1 LT Niles to tend to urgent family matters. Specifically, his wife is scheduled for surgery and will be hospitalized from 1 April until approximately 7 April. She will be in recovery for several days, and has a follow-up procedure scheduled for 20 April. The Niles family has three children; 1 LT Niles must be available to tend to the children during Mrs. Niles' hospitalization and recovery period.

3.
I understand that this time will be "defense delay" for purposes of "speedy trial" lAW Rule for Court Martial 707.

4.
POC is myself atillillinia@cmtymail.100asq.armv.mil , or at1111111111111* 2191.

WW1
Cc:/
SWIMMWWWW4
18.1111.11110, 01C, Grafenwoehr Law Center/0111111.11
811111110.1111, Trial Counsel / Defense Counsel
003312

DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group APO AE 09114-3700 0 6 APR 2004 SFIM-GU-G-Z
MEMORANDUM FOR Commander, 100th Area Support Group, APO AE 09114-3700
SUBJECT: Article 32b, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. lyiles, .615th Military Police Company, APO AE 0911/efe sc's delay re uest in the pending Article 32 hearing until 26 April 2004 i a. s rove yj (dl preyed
003313

AETV-BGJA-V-TDSO 17 April 2004
MEMORANDUM THRU Article 32 (b) Investigating Officer (Attention:
0.1.1111110)
FOR Commander, 100th Area Support Group (Attention:IMMINIS 111111.11.), APO, AE 09114
SUBJECT: Request for Article 32 Delay — U.S. v. 1LT Glenn A. Niles
1.
I am a U.S. Army Trial Defense Services attorney representing 1 LT Niles.

2.
On behalf of my client, I request an additional delay in the pending Article 32 hearing until Tuesday, 11 May 2004. The purpose for this request is to allow for the appointment of a military psychiatrist as an expert assistant to the defense team; for 1 LT Niles to meet with this doctor; and for the doctor to complete his

evaluation report.
3.
I understand that this time will be "defense delay" for purposes of "speedy
trial" IAW Rule for Court Martial 707,

4.
POC is myself atjailiall,crAymail.100asq.armv.mil, or atm
2191.

01111•11111
MIMS
Defense Counsel
WM"
003314

E:=Nigir
From: 61111111.11111 ¦ 11.
Sent: Monday, April 19, 2004 10:14 AM
To:

41.111101111.1111111111111
Cc: 1111011111111111.1=111111111111111M0 (Judge Advocate)
Subject: FW: US v. Niles - Req for Add. 32 Delay

OOriginal MessageO
From: 1111111111111.81MIMOW (Defense Counsel)
Sent: Saturday, April 17, 2004 10:00 AM

To: 01111111111111111111111
Cc: iNIIIIINININIMMIS (OIC, Law Center);O (Judge Advocate)
Subject: US v. Niles - Req for Add. 32 Delay

As we discussed on the phone on Thursday, we request delay until Tues., 11 May so thatcan evaluate the accused and produce a report (in addition to getting appointed). Signed delay request is attached. Thanks,
M 32 Delay Rog
pdf

V/R
al.a..1011111.6
Defense Counsel

63 33-

DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group APO AE 09114-3700
SFIM-GU-G-Z/
2 0 APR 2004
MEMORANDUM FOR Commander, 100th Area Support Group, APO AE 09114-3700
SUBJECT: Article 32b, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. s.E
, 615th MilitaryPolice Company, APO AB 09114, the De /request in the pending Article 32hearing until 11 May 2004 is
033316
DEPARTMENT OF THE ARMY
Headquarters, 100th Area Support Group APO AE 09114-3700 /
SFIM-GU-G-Z 2 1 MAY 2004
MEMORANDUM FOR RECORD
SUBJECT: Article 32b, UCMJ, Investigation, Defense Delay Request
In the case of U.S. v First Lieutenant Glenn A. Niles,' .615th Military Police Company, APO AE 09114, the Government requests that following Defense delay requests be approved and ratified:
14 October 2003
30 October 2003
30 March 2003
17 April 2004
03 May 2004

The defense delays listed above areap oved) (diguiTp-ruvud-)-.
ilow.s
...401•11•1,4111111
Comma
0 0 3 3 17

DEPARTMENT OF THE ARMY

• HEADQUARTERS, V CORPS
UNIT 91400
APO AE 09302-91400
REPLY TO
ATTENTION OF
AETV-CG / 10 DEC 2003

MEMORANDUM FOR Commander, PERSCOM (TAPC-PDT-PM), 200 Stovall Street, Alexandria, Virginia 22332-0478
SUBJECT: Resignation for the Good of the Service in Lieu of General Court-Martial — 1LT Glenn Niles, Jr., 615th Military Police Company, 709th Military Police Battalion, 18th Military Police Brigade, APO AE 09302
1.
I recommend disapproval of 1LT Niles' resignation from the Army in lieu of general court-martial.

2.
1LT Niles is pending trial by court-martial and is charged with three specifications of a violation of Article 93 and one specification of a violation of Article 133, both charges stemming from cruelty and maltreatment toward three Iraqi prisoners. In accordance with paragraph 3-14, Army Regulation 600-8-24, the charge sheet and allied documents are enclosed.

7 Encls
111111111

1.
Accused's request Lieutenant General, US Army

2.
Chain of Command Recommendations Commanding

3.
Defense Counsel Request

4.
DA Form 458

5.
Commander's inquiry and allied documents

6.
OER

7.
ORB

CO3316

0: '25 /0 I 11: 23 FAX 703 325 Oa74OOFFICER RET & SE?__O
@,1 N / G
•
DEPARTMENT OF THE ARMY
U.S. ARMY HUMAN RESOURCES COMMAND
200 STOVALL SIP EET
ALEXANDRIA VA 223 32.C1478

ARRC-PDT-PIVI 91400,
MEMORANDUM FOR Commanding General, Floadquertem, V Col O. APO AE 0930241400
BJECT: Resignation for the Good of the Service
. The enclosed resignation for the good of the service tendered t:•/ Flriit Lieutenant
'Deputy Assi3tali
• USAR, MP, was not aocapted byO
Glenn A. Niles Jr.O
Secretary (Army Review Boards).

2. The.Deputy Assistant Secretary has directed that you take actli.'n as :leaned
woropriate.

7:OR THE COMMANDER:
Enis
• • •Chief-,-Officer •Rellremer,is and Sepa.ations Seclion
CO3319

G

cv.10.14 Paw

PrInWd on

•O "O
V•••'` • • .,
DEPAkTMENTIO • ARiVMY •
F. AftO
527th .
PAW*Ponca Company Baghdad, Iraq APO AE 0930211325-•
REPLY TO
ATTENTION OF

AETV-MPB
7 August 2003
MEMORANDUM.THRU PIRMIffiii, Executive Officer, 709 Military Police Battalion, Baghdad, Iraq APO AE 09302-1324
FOR , Commander, 709 Military Police Battalion, Baghdad, Iraq APO AE 09302-1324
SUBJECT: Commander's Inquiry on 1LT Glenn A. Niles Jr. -, 615 Military Police Company
1. BACKGROUND. On 30 JUL 03 it is alleged that 1LT Niles while in the latrine of the Detention Cell at the Al Taji Iraqi Police Station on 301000DJUL03 maltreated several of the detainees.
a. On 29 JUL 03 at the Al Taji Iraqi Police Station in Baghdad Iraq four detainees later identified asVirilla
alleaspniMMONMIIIIMM4MIONIMIsmo andINIIII•111101mmillt were being held in the detention cell. Allegedly three of the detainees,-and-went into the latrine portion of the detention cell. When the three detainees identified above entered the latrine they allegedly broke off one of the shower pipes in the middle shower .stall and used the pipe to attempt to break a hole in the wall
of the latrine. They broke several of the ceramic tiles out of the wall with the pipe and the hole is about four inches in depth at the deepest point. They were unsuccessful in breaking a hole all the way through the wall.
b.
The detention cell in the Al Taji Iraqi Police Station is broken up into two sections; a holding area section and a latrine section. The bolding area section is 32.5 feet long by 15.8 feet wide. The latrine section is joined to the holding section by a door. The, latrinesection of the detention cell Li 15.8 feet long by 15.8 feet. wide. In the latrine there arc three stalls that each contain an Iraqi style toilet and a shower system.

c.
The fourth detainee, tall/11111111.11, told the Military Police at the Al Taji Iraqi Police Station that the three detainees had attempted to escape from the Al Taji Iraqi Police Station by using a pipe from the shower in the second shower stall to punch a hole in the wall of the latrine. 111¦1111111111111kr has worked for coalition forces as an interpreter in the past.

e.
The MPs removed the three detainees suspected of attempting to escape from the Al Taji Detention Cell and placed them in hand restraints. The prisoners remained in the plastic band restraints for approximately one hour and then the hand restraints were removed so the detainees could use the latrine.

f.
The MPs at the Al Taji Police Station called the 615 Military Police Company Tactical Operations Center (TOC) and informed the TOC of the incident. The TOC then notified the Platoon Leader that was responsible for the station, 1LT Niles, of the incident.

g.
On 30 JUL 03 at approximately 0900D, I LT Niles arrived at the Al Taji Iraqi Police Station. 1LT Niles informed *RUM that he was going to enter the Detention Cell to look at the damage that was done to the detention cell. IIIMMIOgathered several other soidiersAIRMINIMAIIIIIIheit and-to guard the detainees while .1LT Niles inspected the damage to the wall in the latrine of the Detention Cell. When the group entered the detention cell the detainees, approximately four detainees were placed against the back wall in the large holding area. IfINIMI was ordered by 1LT Niles to pull security on the detainees. -stood in the doorway of the latrine keeping eyes on and 11111111.11 in the latrine. 1LT Niles, 11111111111110111and Ile

OM entered the latrine. 1LT Niles inspected the portion of the wall of the latrine that had been damaged by the detainees on 29 JUL 03. After conducting a visual inspection 1LT Niles toldi111.111111111110 to bring in the three
0033.2 0

AtTY-M.Pi3 SUBJECT: Commander's Inquiry on 1LT Glenn A. Niles Jt 615 Military Police Company.
detainees that had allegedly damaged the wall of the latrine. MIMS arid 1111.11/1 separated the three detainees that had caused the damage...11p remained in the large holding area pulling security on the remaining detainee.
h.When the first detainee entered the Detention Cell, 1LT Niles grabbed the detainee around the neck and pulled the detainee toward the wall and asked the detainee several times, "Did you do this?" directing the detainee to look at the hole in the wall of the latrine. He then pushed the detainee toward the back corner of the latrine. He grabbed the second detainee entering the latrine around the back of the neck in a similar fashion as the first and asked the second detainee several times, "Did you do this?" directing the detainee to look at the hole in the wall of the latrine. 1LT Niles then pushed the detainee toward the first detainee in the corner of the latrine near the damage to the wall. The third detainee walked around 1LT Niles and joined the other two detainees in the corner of the latrine near the damage to the wall. The three detainees were in a line against the wall facing 1LT Niles. At this point 1LT Niles struck the first detainee to enter the latrine in the stomach. When 1111111111110, located in the doorway of the latrine,witnessed 1LT Niles strike the first detainee, he went to inform 11.111111111, the platoon sergeant, what had taken place in the latrine. Then 1LT Niles struck the second detainee in the stomach. 6.1111111. located behind 1LT Niles, grabbed 1LT Niles from behind and attempted to pull him away from the detainees. 1LT Niles kicked the third detainee in the neck and shoulder area before -wits able to remove 1LT Niles from the latrine. Once $10111111111111had pulled 1LT Niles from the detainees, 1LT Niles Proceeded to the MP Office. 1111111111111116111 assed
•1LT Niles in the hallway on his way to the Detention Cell to try to detennine.what had transpired.
followed 1LT Niles into the MP Office and closed the door behinrfhitn. lie told 1 LT Niles, "You had better never
ever put me or nty soldiers in that kind of Situation ever again", and -walked out of the office.

' •
2. FINDINGS, After interviewing and gathering sworn statements from 5 soldiers that were at the Al Taji Iraqi Police Station during the incident, I conclude that 1LT Niles did maltreat three detainees in the latrine of the Detention Cell at the Al Taji Police Station. The three soldiers •that were eye witnesses to the incident all state that they saw 1LT Niles assault the detainees by striking them with his fist and foot. 1LT Niles stated that he struck the detainees out of anger due to the damage they had caused to the wall of the latrine and the attempted escape from the Detention Cell. 1LT Niles lost control of the situation and his actions. 'All of the exhibits associated with this investigation reference the incident that occurred on 30 JUL 03. -,
a.
Enclosures 2, 3, 4, 5, 6, 7, and 8 state that Allthlms 11.1111•11111 11.1111111t,1111111111111N., 1 and
1 LT Niles did enter the Detention Cell at. the Al Taji Iraqi Police Station on 30 JUL 03.

b.
Enclosure 4, and 6 allege thatV111111110 and 11111111111111 witnessed 1LT Niles strike three detainees in various locations on their bodies while he was in the latrine of the Detention Cell at the Al Taji Iraqi Police Station.

c.
Enclosure 5 alleges that WINN. witnessed 1LT Niles strike one detainee before he 0111111111111.1l) exited the
latrine in order to inform the -about what had transpired in'the latrine of the Detention Facility.

d.
In Enclosures 2, 3, 4, and 51111111.111., .1112.11, andlilla. all state that the detainees that 1LT Niles struck did not require any additional medical treatment nor did they sustain any visible injuries from the assault.

e.
In Enclosure 8 1LT Niles states that he was overcome by anger and he was not in control of himself or his actions when he mistreated the detainees in the latrine of the Detention Cell of the Al Taji Police Station on 30 JUL.

03.
f.
In Enclosures 4, 5, 6, 7, and 8 all soldiers state that they did not feel threatened by any of the detainees while
they were in the Detention Cell of Al Taji.P.Q1ke Station on 30 JUL 03.

g.
In Enclosures 4, 5, and 4.0111$1, 11E..1 andel...Mt state that the unit does not have Standing Operating Procedures to deal with Detainee Misconduct.

3. RECOMMENDATION. I recommend that a formal AR 15-6 Investigation be conducted, and that 1LT Niles be removed from his troop leading position until the completion of the investigation. I recommend that 1LT Niles
CO3321

•
's Inquiry on 1LT Glenn A. Niles Jr,/615 Miiiiary Police Company.
attend anger management classes. I also recornmend that all soldiers in the Battalion, that deal with detainees, get additional training regarding proper detainee handling procedures.
4. POC is the undersigned at 1011/1111/11011-5231.
Investigating Officer
C 03322
Enclosure 1 Enclosure 2 Enclosure 3 Enclosure 4 Enclosure 5 Enclosure 6 Enclosure 7 Enclosure 8 Enclosure 9
TABLE OF CONTENTS
Commander's Inquiry Appointment Letter Sworn Statements . , on 01 AUG 03 Sworn Statements , on 04 AUG 03 Sworn Statement allallinik on 04 AUG 03 Sworn Statement liNINVIMIL -on 04 AUG 03 Sworn Statement 11111101111111.. in 04 AUG 03
-
Sworn Statement 611111111.11111 , on 04 AUG 03
Sworn Statement 1111101111111,-on 06 AUG 03
Rights Warning Procedure/Waiver Certificate from 1LT Niles,
on 06 AUG 03
003323

DEPARTMENT OF THE ARMY 709th Military Polio° Battalion Baghdad, Iraq APO AE 09302.1324
AETV-MPB/ 1 August 2003
MEMORANDUM FOR , Headquarters and HeadquartersDetachment, 709th Military Police Battalion
SUBJECT: Commander's Inquiry
1.
You are hereby appointed to conduct an unofficial investigation and Battalion Commander's Inquiry for the alleged maltreatment of Iraqi prisoners by a U.S. Army officer.

2.
It has been alleged that 1LT Glenn A. Niles. /, 615th Military Police Company,

has mistreated Iraqi prisoners. Your findings will be presented in memorandum format to theundersigned no later than 8 August 2003.
3. The point of contact for this memorandum is the undersigned at B111161101111N11110­
5235.
4. "WARRIORS!"
Commanding
CO3324

...., .. .
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SWORN StATEMENT '
For use of this form, see AR 10645; the proponent agency Is ODCSOPS-•
PRIVACY ACT STATEMENT AUTHORITY;--
Iltle 10 USC Section 301; Title 5 USC Section 2051; E.O. 0307 dated November 22, 1043
ISSN/..
'
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 en addltIonallalternsta means of identificstIon to facilitate filing end retrieval. DISCLOSURE:­
Disclosure of your social security number is voluntary.
1. LOCATAON
2. DATE (YYTTMAIDDIc-aii--
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STATEMENT OF TAKEN AT Rfte-sifP410.DAM an/oldf
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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 HAVEMADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
(Signature Person Wag Statement)
WITNESSES: Subscribed and sworn to before 188, 8person authorized by law to
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ORGANIZATION OR ADDRESS ,
(Stora of Parson Administering Oath)
Pal Name of Pomo AdmInlst
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ORGANIZATION OR ADDRESS-(Authority To AEinATter ra hs)
INITIALS OF PERSON MAKING STATEMENT PAGE 3 OF 3 PAGES PACE 3, DA FORM 2823, DEC 1998 uwo ytee 003327
DEPARTMENT OF THE ARMY
709th Military Police Battalion
615th Mffitary Police Company
Unit 28130
APO AE 09302-1326

RFFLY TO
ATTRNIION OF

AETV-MPC-K 18 SEP 03
MEMORANDUM THRU
Commander 709th Military Police Battalion Commander 18th Military Police Brigade
FOR Commanding General, CJTF-7
SUBJECT: Recommendation of UCMJ Action on 1LT Glenn Niles
1.
Request 1LT Glenn Niles be allowed to resign his commission with a General Discharge from active service in lieu of General Courts martial. Without question 1LT Niles did conduct himself in an unacceptable manner as an officer. However, his performance prior to and his actions afterward have convinced me that this officer is worthy of this request.

2.
1LT Niles has been assigned to the unit and served as a Platoon Leader for over 2 years. Prior to this incident, I have never questioned his judgment, values or ability to serve with distinction. Prior to this deployment he successfully led his platoon thru 2 company level EXEVALs, numerous field exercises, and community law enforcement throughout USAREUR. During combat operations he successfully led his platoon from the front rendering superb results.

3.
1LT Niles did not try to cover up any misconduct on his part and came forward truthfully disposing all that happened in the incident. His open admissions show that he is willing to accept responsibility for his actions.

4.
1LT Niles needs to be punished for his actions. However, I request that the punishment not be one that will significantly impact on his livelihood for the rest of his life. Prior to entering the Army 1LT Niles served as a counselor for abused children, where he helped over 100 families and was truly an asset to society. A federal conviction from a Courts Martial will ultimately severely impact his ability to perform again as a counselor as well as give back to society.

5.
POC for this action issOOMMIN900 at 41.1111101-5321,

11111111111111r
Commanding
GO3328

DEPARTMENT OF THE ARMY
709th Military Police Battalion
Baghdad, Iraq
APO AE 09302-1324

AETV-MPB 23 SEP 03

MEMORANDUM THRU Commander, 18th MP BDE

FOR Commanding General, CJTF-7

SUBJECT: Recommendation of UCMJ Action on 1LT Glenn Niles

1. I request that you allow 1LT Glenn NilesGto resign his
commission with a General Discharge in lieu of General Court Martial. I do
not condone the actions of 1LT Niles but I am compelled to ask for leniency

in this case.

2. The actions 1LT Niles took on the day in question were inappropriate and
there is no excuse for his conduct. I ask that you consider the
circumstances surrounding the incident and 1LT Niles' past performance. 1LT
Niles and his platoon put their heart and soul into the Taji Police Station.
They personally cleared debris from the police station prior to contract work
beginning and supervised every detail of renovation. 1LT Niles committed
himself to the mission at hand. His dedication was not for his benefit, it
was for the benefit of the Iraqi Police and the Iraqi citizens in general.
1LT Niles got mad because detainees had destroyed part of the renovated_ G

•

-
detention cell, an area that had extensive contract work completed. He was
frustrated because he saw the hard work that he supervised get destroyed.

3.
1LT Niles is a passionate young officer. He made a mistake and he took
responsibility for his actions. He has been removed as a platoon leader and
moved to a staff position and continues to provide outstanding service to the
soldiers he serves.

4.
I hope that you will consider these facts and also recognize that the
possibility of a Federal conviction will severely impact on this young man's
future.

5.
The point of contact is the undersigned, IOW WOW

Commanding

Q03329

DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
OFFICE OF THE STAFF JUDGE ADVOCATE
APO AE 09114

/
AETV-BGJA
JUN 2 21o"
MEMORANDUM FOR Commanding General, Seventh Army Training Command, APO AE 09114
SUBJECT: Pretrial Advice on Disposition of Court-Martial Charges, 1LT Glenn A. Niles Jr., 515th Military Police Company, APO AE 09114
1. I have reviewed the charge sheet and evidence indicated in the report of investigation in the subject case. The following constitutes my advice in accordance with the provisions of Article 34, Uniform Code of Military Justice, and Rule for Courts-Martial 406, Manual for Courts-Martial, United States,
2002.
2. Legal Conclusions. After a thorough review of the charge sheet and report of investigation, I have reached the following legal conclusions:
a.
Each specification alleges an offense under the Uniform Code of Military Justice.

b.
The allegation of each offense is warranted by the evidence indicated in the report of investigation conducted in accordance with the provisions of Article 32, Uniform Code of Military Justice, and Rule for Courts-Martial 405, Manual for Courts-Martial, United States, 2002.

c.
There is court-martial jurisdiction over the accused and the charged offenses.

3. Recommendation. The Investigating Officer recommends this case be disposed of with a General Officer Memorandum of Reprimand. I disagree. I recommend the charges and their specifications be referred to the general court-martial convened by Court-Martial Convening Order Number 1, this headquarters, dated 25 February 2004.
Staff Judge Advocate
The recommendations of the-Staff Judge Advocate disapproved).

M. WILLIAMS
r General, USA landing JUN 2
G03330
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130

• APO AE 09114-8130
AETT-CG/
JUN 2 2nr1
MEMORANDUM FOR 1LT Glenn A. Niles Jr., MUM 615th Military Police Company, APO AE 09114
SUBJECT:,.Referra1 of Court-Martial Charges, 1LT Glenn A. Niles Jr., /515th MilitaryPolice Company, APO AE 09114
The charges and their specifications, preferred on 30 September 2003, are referred to the general court-martial convened by Court-Martial Convening Order Number 1, this headquarters, dated 25 February 2004. ••('
0/WILLIAMS er General, USA Commanding
CO3331
COURT-MARTIAL CHARGES TRANSMITTAL FORM
PART I
TO:-FROM:-DATE:
Court-Martial charges against the following named individual are forwarded and Enclosed. Witness statements, any evidence of previous misconduct, and the accused's ERB are attached. Soldier is not pending chapter action UP AR 635-200.
NAME: NILES, Glenn A., Jr.ORANK: 1 LT/02-SSI`'
UNIT: 615th Military Police Company, APO AE 09114-3700
Recommend: ( ) Summary Court-Martial-( ) Special Court-Martial ( ) BCD Special Court-Martial -( ) General Court-Martial
NAME OF COMMANDER­SIGNATURE OF COMMANDER
PART II TO:-FROM:-DATE:
I have reviewed. the attached charges, documents, and Article 32 (if applicable) and
(recommend)(direct): ( ) Summary Court-Martial-( ) Special Court-Martial ( ) BCD Special Court-Martial-( ) General Court-Martial
NAME OF COMMANDER •-SIGNATURE OF COMMANDER
PART III
TO: Commander, 7th ArmyOFROM: Commander, 100th AreaODATE: Training Command, APO AE OSupport Group, APO AE 09114OL2 1 MAY/lit 09114
I have reviewed the attached charges, documents, and Article 32 (if applicable) and
(recommend)(direct): ( ) m ary C urt-Martial-( ) Special Court-Martial -Other:-/124-c4 ( )-CD • peci-ourt-M rtial-( ) General Court-Martial
NAM OF-0 JILL, ' DER-SIGNATURE OF COMMANDER
Commanding
.­
(3 03332
DOD 002041
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency Is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:
Title 10 USC Section 301; Title 6 USC Section 2951; E.O. 9397 dated November 22, 1943
ISSN!.
PRINCIPAL PURPOSE:
To provide commanders and law enforcement officials with rnoans by which Information may be accurately ROUTINE USES:
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PAGE 2 OF 5--PAGES
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PAGE 3 OF 6-PAGES
PAGE 2, DA FORM 2823, DEC 1998
USAPA V1.00
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STATEMENT OF TAKEN AT 13 )404oad tt,613 dD
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INITIALS OF PERSON MAKING STATEMENT
PAGE
PAGE 3, DA FORM 2823, DEC 1998
LtAPA V1.00
/

SWORN STATEMENT
For use of this form, see AR 190-46; the proponent agency Is ODCS')P:
PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated NOVulill. 1943/.1.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which in' , r. n ma./.ccurately
ROUTINE USES: Your social security number is used as an additional/alternate means of idontit: fact/'ling and retrieval.DISCLOSURE: Disclosure of your social security number Is voluntary
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AFFIDAVIT , HAVE READ OR HAVE HAL' .:AD TO ME THIS STATEMENTWHICH GINS ON PAGE , AND ENDS ON PAGE . I FULLY UNDERSTAND THE CO TEN -THE ENTIRE STATEMENT MADE
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USAPA V1.00
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STATEMENT OF 11111111111
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PRIVACY ACT STATEMENT
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Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1843
(SSNI.
PRINCIPAL PURPOSE:/
To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES:/

Your social security number is used as an additional/alternate means of identification to facilitate filing end retrieval.
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1. LOCATION
2. DATE WYYYMMDDI 1 03‘45
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AFFIDAVIT
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENTWHICH BEGINS ON PAGE 1, AND ENDS ON PAGE
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THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE
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INITIALS OF PERSON MAKING STATEMENT 3 356
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PAGE 3, DA FORM 2823, DEC 1998 USAPA V1.00

/
•
SWORN STATEMENT
For use of this form, see AR 190.45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT AUTHORITY:/
Tido 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397
dated November 22, 1943 (SAI.PRINCIPAL PURPOSE:/To provido commanders and law enforcement officials with moans by which informal/
may be accurately
ROUTINE USES:/
Your social security number is used as an additional/alternate me. i is of identifO
facilitate filing and retrieval,
DISCLOSURE:/Disclosure of your social security number is voluntary.

1. LOCATION
2. DATE (YYYYMMiii 1 3.OTIME
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INITIALS OF PERSON MAKING STATE
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USAPA V1.00
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•
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033359
NITIALS OF PERSON MAKING STATE
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INITIALS OF PERSON MAKING STATEMENT
PAGE •e72 OF 7
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PAGE 2, DA FORM 2823, DEC 1998
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_.O
•
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STATEMENT OF /0/45 TAKEN AT -.4-4 acci
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S. STATEMENT
0A" .04.(Continued/
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033 361
INITIALS OF PERSON MAKING STATEMENT-zi
PAGE 5 OF-PAGES

PAGE 2, DA FORM 2823, DEC 1998 USAPA V1.00
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
STATEMENT OF /taf/ L'.4J -TAKEN AT AiVrik;:;1 4 DATED 40 ,C90.
9. STATEMENT (Continued)
4". e•W77./4/
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G03362
INITIALS OF PERSON MAKINZitkrO
PAGE 6 OF 7 PAGES
PAGE 2, DA FORM 2823, DEC 10 USAPA VI .00
•
STATEMENT OF­
4 -TAKEN AT deildeC(-DATED it -45 2. 93
O. STATEMENT (Continued)
AFFIDAVIT
1, .44,94 / .r/
E
HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE 7 ,
. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE
INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT
HOPE OF BENEFIT OR REWARD, WITHOUT
'THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR
UNLAWFUL INDUCE
(Signature of Person.ng Statement)
WITNESSES:
4 4r­
Subscribed and sworn to before mo, a po son authorized by law to
odmioller oaths, th.) (.2 day
, 7,e0 f
at l'e/eitnitIOA- ,141 .°VI.aliAg
ORGANIZATION OR ADDRESS
(Typed "lame of Pe on Administering Oath) 11-cte f .;r /4
ORGANIZATION OR ADDRESS rs
dritinister Oaths)
003363
INITIALS OF PERSON MAKING STATEMENT
PAGE-OF 7PAGES
PAGE 3, DA FORM 2823, DEC 1998
USAPA V1.00
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this form, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY:-Titlo 10, United States Code, Section 3012(g) PRINCIPAL PURPOSE:­
To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES:-Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.DISCLOSURE:­
Disclosure of your Social Security Number is voluntary.
AP
•
1.OLOCATION 2.-DATE 1 3.-TIME `r
4.-FILE NO. 845hald -T ?
1
6 .4u6i 21-r) iE/ o .73V-
.ENAK (Lest First, Ml)
8..ORGANIZATION On ADDRESS
/1/;//( Ta. (4jeylvk/A
.-OSAI
7. GRADE/STATUS
asilImIlell1101111•11111INIL 02 //Z. 7 (01 -11-1YlP roviArny 4A5 /1.. oc9L,2

PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICAT1 Section A. Rights­
'
•
The investigator whose name appears below told me that he/she Is with the United
States Army .-i (•-• /7-;44,e9e /" I. , / c.es'. and wanted to question me about the folio-Ing offense(s) of whIc) I am-..
..
suspectediaccused• Ir 4/2IMMI1
-4,1MMIIMII. 11 R r, „"., /
Le .. A . • _ .... — , eafo 4
/044 4//.WAPTdr.
a/she asked me any questions about the offense(s), however, he/she made it clear to me that I haVe the following rights: 1-0 o not have to answer any question or say anything. 2 fl? f nything I say or do can be used as evidence against me in a criminal trial.
3 . 1-or personnel subject othe UCMJ.
I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer
present with me during questioning. This lawyer can be
a civilian lawyer I arrange for at no expense to the Government
or a military lawyer detailed for me at no expense to mo, or both.
- or -
(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, and

alter questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own
expense, or If I cannot afford a lawyer and want one, a lawyer will be appointed for me before any questioning begins.
4. If I ant now willing to discuss the offenso(s) under Investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse ed.?)
Section B. Waiver
I understand my rights as stated above. 1 am now willing to discuss the offenso(s) under Investigation and make a statement without talking to a lawyer first and without
having a lawyer present with me.
WITNESSES /If available! 3..SIGNATURE OF INTERVIEWEE I a.-NAME (Typo or Prind
_.,
b.OORGANIZATION OR ADDRESS AND PHONE 4.OGOATUO• ,O-O, ,,—,.-:... _.,
2a./NAME (Type or Print/
5..TYPED NAME OF INVESTIGATOR
b ./ORGANIZATION OR ADDRESS AND PHONE 6./ORGANIZATION OF INVESTIGATO
)7
/49ZG/1/s'
7o-/t4G-/ 7;4767 AC4Cc,
Section C. Non-waiver
1. I do not want to give up my rights 0-I want a lawyer­.-I do not want to IM q•..estioned or say anything­
C 0 3 3 6 4
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT
IDA FORM 26231
SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
r. A-term. ••¦ •• . al A.seeks • ......
/
I ION OF NOV 84 IS OBSOLETE LISAPA 2.01
DOD 002073

AM¦r•wri..,••¦•¦¦
PART II • RIGHTS WARNING PROCEDURE THE WARNING
At eve /-f.46-00,704,46e /(44.04(
WARNING - Inform the suspect/accused of:
a. Your official posItIon.4441144411414
r o
rr-
b.
Nature of offenSe(3).Ar-¦VIA9er0.$4.e'

c.
The fact that he/she 13 a auspOottswrir ,

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

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

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

can be a civilian you arrange for at no expense to the Government or a military
lawyer detailed for you at no axons° to you, or both."
-Of •
/For
ans not subject to the UCMJ) You have the right to talk privately to a lawyer be
, during, and alter questioning and to have a lawyer present with you during quo
ing. This lawyer oan be one you arrange for at your own expense, or If you ca
afford a lawyer and want one, a lawyer will be appointed for you before a
questioning begins.'
d. "If you are now willing
scuss the offensals) under investigation, with or without a lawyer prea
you have a right to atop answering questions at any time, or speak psi
y with a lawyer before answering further, even If you sign a wa certificate.
Make certain the suspect/accused fully understands his ghts.
TilE WAIVER
"Do you understand your rights?'
Ilf the suspect/accused says 'no,' determine what is not understood, and If
necessary repeat the appropriate fights advisement. If the suspect/accused says
'yes," ask the following question.)

-
Have you ever requested a lawyer after being read your rights?' lif the suspect/accused says "yes,' find out -anch.L.
.tora. If the regueit
was recent (to., fewer than 3O days agol, obtain legal advice whether to continue the Interrogation. If the suspect/accused says "no," or If the prior request was not recent, ask him/her the following question.)
"Do you want a lawyer at this timer
(if the suspect/accused says "yes,: atop the questioning until he/she has a lawyer, If the suspect/accused says 'no,' ask him/her the following question.)
"At this time, are you willing to discuss the offense(s) under Investigation and
make a statement without lilting to a lawyer and without having a lawyer present with you?'
(II the suseect/eccused says.stop the intondow and have him/her road and sign the non-web/or section of the waiver certificate on the other side of this loon. If the suspect/accused says 'yes," have him/her read and sign the waiver section or the waiver certificate on the other side of this form./
SPECIAL INSTRUCTIONS
WHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the
suspect/accused orally waives his/her rights but refuses to sign the waiver
certificate, you may proceed with the questioning. Make notations on the
waiver certificate to the effect that he/she has stated that he/she
understands his/her rights, does not want a lawyer, wants to discuss the ofiense(s) under Investigation, and refuses to sign the waiver certificate.
IF WAIVER CERTIFICATE CANNOT DE COMPLETED IMMEDIATELY: In all cases tho waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of
street Interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances.
PRIOR INCRIMINATING STATEMENTS:
1.11 the supsect/accused has made spontaneous incriminating statements
before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions.
COMMENTS (Continued)
2. If the suspect/accused was questioned as such either without being advised of his/her rights or some oaostiOn exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper
rights advise.
NOTE: If 1 or 2 applies. the tact that the auspecUaccused
was advised
accordingly should b.., noted in the comment section on the waiver certificate and inItialA by the suspect/accused,
WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR I IER RIGHTS DURING Tilt­
ERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, 'Maybe I should get a lawyer."), further questioning must cease Immediately. At that noire, ye; may question the suspect/accused only concerning whether ha on she desires to waive counsel. The questioning may not be utilized to discourage a SUS00Ct/SCCUSOd from exercising his/her rights. (For example, do not make such comments as
'If you didn't do anything wrong, you
shouldn't need an attorney.")
03336
USAPA V2.01
•••••¦••I
REVERSE OF DA FORM 3881
DOD 002074

Page 1 of 1
00503483
_
SUIVIVICIACISMIANIT
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PANT I • ADIRIMIMITIVE DATA
7.-Puma* A.-p.m- mama-i trig
• . 21:r 05-MP-31A
' I 2001-10­
LIIIIVIIIMAIIIITSCOM IS NIL ULM WWII MOON MIMMIllalll
615711 MILITARY POLICE COMPANY, APO All 09114 -USAREUE 22.Sit Option
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.........O. D. . 11. 71(41:9— tanla-einnunran •
manna wenn 1100011 Leader-..-16.rammuts1 31A00/MP -•
..agamokralimmummummounummrsoute• -•-'
Platoon Leader of in a Corps Combat Support Military Police Company. Responsible for the health, welfare, and
morale of 32 ,soldiers and their family members. Lead, train, and maintain personnel andatptment valued in
excess of $4,4)00,000. Conducts realistic training in platoon collectiVe tasks and supervises i rvidual tasks
supporting the unit MEM. Provides trained and professional military police to conduct law enforcement support
for four military communities. Performs major additional duties as the Arms Room, Motor Officer, NBC 0
and Training Officer.
•

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coonKOCHI PEWMPUFW, -stonumffsetwoortormutniSsftroation44 .-•--" Na.NA

ME ONCINIIIMAL TAMS mon= MBA MI 0310 MO IMMO MAI UP coutcnuics maxim
DA FIRM 07.9, OCT 97 -RIM= DA reau 1741, I VIP WAWA 13 411SOLLTE. I OCT V/. utAranat
S AUG 21112

03366
PAM ADMINISTRATIVE DATA
wKre.....11,1640.
ILES, GLENN A.

ARAM.
tT e. IMAM 1 MIC•= / errs
JteC.l

1LT
IMF, OM. STATIDIASIT MUM IL A/M, YUMA temmAn 2002 11/10 MP
31A
15th Military Police Company, APO AR 09114 USAREUR Is MIAMI umnin.
I. PERIOD COVERED
RAR/ 05 ANNUAL
Y. 11111113AMI
IMO. Of­
T RIM joffetta MIMS! ten' Uwe one esil
NOM
CONY
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302 07
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PART H • AUTHENTICATION luta stlfieles rip siw,, verifisi Mut An use eirmOticil DTA .ark IND end th dais id. 1. cunkl
AVE el 11A/11 Nutthm. tN
MIA-eOND011

OM% Company Commander
AMC OF IN IMANOIAlt NATI! AM. FIed, Alli
AMI 0111110111LIMM Us
PUlrn.
Battalion Commander

NM NAMES nuMIA nos
)3th Military Police BattalionPo AE 09139 us.army.mil
et to Ir4 • Dolma
1•2.
•1144.11
PART DUTY DESCRIPTION
SINCIIIM AMY MIL Platoon. Leader
eletemenusettesewereereurtql/Utal.-eautelt MATTee, Ise Mu tiler .odwkocrof 31A / MP-
cads a forward deployed MTO&E Military Police Platoon capable of deployinganywhere in the world at atorrents notice to conduct high intensity conflict or stability and support opclations in support of the 793dIilitary Police Battalion, 18th Military Police Brigade and V Corps. Responsibte for the combat readiness, airing, health, morale and welfine of 32 soldiers. Plans and executes realistic training as well as providing law
iforcement support to 3 different communities. Maintains over 85 /weapons, 10 HMMWVs, 2 Armo
ehicles, numerous communications equipment and various other MTO&E equipment valued in excessred Security
of
1,000,000. Areas of special emphasis include: unit supply officer, unit budget officer,unit status reporting
ricer, and DFAC officer.
PART IV • PER (ORSIANCE EVAL UA TI ON • PROFESSIONALISM Pawl
CHARACTER oili.Nwoo
thekalles, ceenLineesee el veleta; etueurtet and glib effeetwelseder whom-
IMOD VALUES
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Setis tell irnetoeurevil and oBlenDelienelr: PASS and unite• lulus ethicel climate
DATE: OCT 2002/
awl • enylsienle ids
HEIGHT: 71 !In and loetia thee
WEIGHT: 237/
IOROEFICTII DEYEtOPMENT YES
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Page 1 of 1
-
auli NILES 0
row Minn 20010
09
V-N21110.1411CIAIM MINIM EYALIAINIedid
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r-1k Miura! srameuncrusnceumetiamorolonarat poussnarment rem ouorsAsnum emongantionm. -De inn MAW-alPetr4
2LT Niles performance has been extremely
-
tional. As a platoon leader of 32 soldiers platoon; he .
successfully provided direction and oversight wi excellent result. A great leader, he inspired his soldiers to get
a first tune go during the most recent M4 qualification range. 2LT Niles is an excellent officer with unlimited
potentialtor position of higher responsibilities. 2LT Niles is an raggressive, dedicated, highly motivated: and ahard working Platoon Lender who gets the mission accomplished: 2LT Niles coordaW., planned,reso
d
and executed effective training exercises for his platoon, leading to his ilatoon's snccens.dur loathe Compaurce
- ny EXBVAL.
complamented 2LT Niles For his­
level of motivation during the Campany n's performance, and his soldiers
-
AL. 2LT Niles maintained one hundred percest weapons
qualification rate in his platoon, in addition to maintaining complete accountability of his platoon's equipment.
He also ensured that his platoon's equipment was always mission capable. lie planned and executed 144.qualification ranges. As the unit's NBC Officer and Arms room Officer, he has ensured that all the weapon
systems and the NBC equignient are serviceable. Promoted -to First Lieu
Police Captain's Career Course and company command. tenant, groom for the 'Military
r.. retort Animism mamma antaammAsorovismcumuit taluizunitirlaa tritutrolactaawn kart =wow unwire crr mom/
1rCM#IRICIRA lomat PAIX14111 rnitinVert =IKE
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RATersmontE mu BOX CRECK AT 2LT Niles performance during this rating period has been nothing short of
.I
THE TLE TPS REPORT PftoccssEo outstanding. Despite the high OPTEMPO, Glenn Niles has managed to lead, trainand care for hid soldiers in a totally professional and comprehensive manner. He
CENTER OF MASS shored up soldier weaknesses and sustained proficiency through well planned andflawlessly implemented training. He has improved his platoon's morale through
leadership and by demonstrating an abiding orientation of care for soldiers. Send
RO: 2LT WEB GLEN/ A
to a challenging company command immediately following attendance at the
Captains' Career Course. Unlimited potential.
1
Mt: LTO WARD KENNETH 14
DATE: 2002 08 15
TOTAL RATINGS: 14
tiar 3111TUBEIMMINVITIPIIMaillISOM) Ma OITA Biwa( mount cumin rzt instrumr4

Mss oncinui mum Pacutiatorat none sumac
RATTPN35 THIS OFFICER: 1
Company Commander, Bona= Assistant S3, Battalion Si.
DA FORM 67-9. OCT 97 (Reversal
003367

.1 4. N4.4ES, GLENN A.
PERIOD covEnT-7-020710
— 20030709
PART V • PERFORMANCE AND POTENTIAL EVALUATION MOW -
s. EVALUATE 1BritATID
DEFICITS PERFORMANCE OURIHD TIIE RAMO PERIOD AND NISaNR POTENTIAL FOR PROMOTION
[El OUTSTANDING PERFORMANCE, SATISFACTORY PERFORMANCE,
MUST PROMOTE UNSATISFACTORY PERFORMANCE.
PROMOTE
E:::1 rlOWER
b. COMMENT ON SPECIFIC ASPECTS SF TIN PERFORMANCE MAD Kr NOT PROMITTE­POTENTIAL IDA PROLITITINE REFER TO FARM CIA fDRISNMMISPARTIVA, ANDc ITA FORM In I. "'"'"/ (Elpid/V
-
I LT Niles has aggressively performed his job as a platoon leader and produced good results. Glenn consistently
took on every challenge that was set in front of him and accomplished them all with a high degre
e of su
1LT Niles is a true motivator of soldiers both by his aggressive nature and rock solid concern f their ccess•
well-being. Glenn performed such additional duties as the unit supply officer and budget officer.or
In the
performance of these duties he played a critical role in splitting the unit's property book and maintaining accountability of all lateral transfers, additions, orders, and turn-in documents prior to deployment. His platoon spearheaded the units Armored Security Vehicle training which included 3 different training sessions all producing great results. 1LT Niles proved he had a good grasp of the Army training system when he planned and executed a rigorous pre-deployment training cycle that enable his platoon to receive all 'T" ratings during theirExternal Evaluation prior to deployment to "Operation Iraqi Freedom". While deployed he successfully plannedand conducted over 20 convoy security missions, 7 cordon.and searches and performed Maneuver and
Mobility
Support operations in an ares over 100 square kilometers rendering superb results. He. also led his platoon
through 7 platoon level JUMP TOC. operations in less than 40 days. Upon his platoons entry into Baghdadheaggressively took charge. of and put into. operation•2 Iraqi police.statiOns helping to make the city a more secure
place to live.
•

11.T Niles has unlimitalpotential. Continue to groom him and upon promotion assign him as the commander of
a Corps Support Military, Police company
•
I. ICIENTIEY ANY UNIDUE
PIIDICSSIONAL SOILS OR AREAS Elf EXPUTOSE OP VALUE TO Ill AMM TROT TINS OUTER POSSESSES. TORATIME COMMITIVECTSORV CPT
LT C_ALSEI DINCATE A POTENTIAL CARTIRINIO Erin F111101E.SERIOLL THROLICII

Wilt serve the Army best in Operational Career Field 31A / MP
PART VI - INTERMEDIATE RATER
PART VIt -SENIOR RATER
EVATUATE THE I1ATED WIMPS PROMOTION POTENTIAL TO1111 STAT HIGHEFt CRADE

I amen* mho' mit ­ID BEST QUALIFIED j 14 -orticula rlis FIRE
FULLY QUALIFIED
BO NOT PROMOTE-El A .10,14101M r.." V. II I watnnirel Pekh CAL mug ml ...Wahl 0 041.10.4n 404 mit+
OTHER Opkiv &kw,
fq41.: d
ftlifiatALCUMPAIIED. Willi Off MFRS SENIOR RATED IN SAME
tU­GRADE IOVERPRINTFO DY (Al
L.COMMINT ONPUTTORMANICEIPOITILTIAL
1LT Glenn Niles has lead his platoon, under combat conditions, exceptionally well. He has proven himself uniquely competent - both technically and tactically,no doubt the reason his platoon enjoyed enormous success during Operation Iraqi
ABOVE CENTER OF MASS
Freedom. Physically and mentally tough, Glenn is absolutely mission oriented
. Rau than 5,1% Into, 1.7C.mor0
and a leader that inspires
Mut II 50% al man
-his troops to perform at their very best. A talented
officer who should be promoted to Captain and selected to command a Corps orDivision MP Company;_ ..Great Potential,­
13?3 CENTER OF MASS `c
.
BEL OW CENTER OF MASS
RETAIN

BELOW CENTER OF MASS
d. UST 3 FUTURE ASSIGNMENTS FOR WHIN THIS OFFICER IS GCSE SUITED. FOR ARMY COMPETITIVE CA I (COAT CPT THROUGH LTC.
DO NOT RETAIN
A150 INDICATE A POTENTIAL CAREER FIELD 1011 FUTURE SERVICE.
C 3 3 °
Company Command, Asst S-3, Community Provost Marshal
DA FORM B7.9, OCT 97 (Reverse)*
APA TED I
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilsock Branch Office
, APO AE 09112

7 September 2004
Headquarters, 280 th PSB
Dear assampo
am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to
respectfully ask you for your support in getting clemency for my client.

As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (OG Williams, Commander of 7th ATC) to set aside this conviction lAW Rule for Court Martial (RCM) 1107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LI Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, I LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that I LT Nile's' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1 LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1 LT Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is riot my intent to pressure you,•nor do I desire to get any inside information related to your deliberations. Simply stated, I LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside
the conviction.
I LT Niles and I thank you for your consideration 'of this request. I am available to discuss this matterwith you anyliriemiiicrn desire to contact me. I can be reached on or inthe office at/2191. You can also contact me by email at
us.arm .mil . If you are
willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I willcoordinate the logistics to make it happen.
Very Respectfully,
AM° CF:
OSJA, 1st Infantry Division
Ng= Trial Defense Counsel
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
44.0111111111ww
Headquarters, Combat Maneuver Training Center
Dear
I am writing this memorandum as part of my continuing representation of 1LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, ILT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (13G Williams, Commander of 7th ATC) to set aside this conviction lAW. Rule for Court Martial (RCM) 1107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, 1LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1 LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LT Niles a real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any persOn for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1 LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
1 LT Niles and 1 thank you for your consideration of this request. I am available to discuss this matter with you any lime if you desire to contact me. I can be reached on / or in the office atill.¦1111111110. . You can also contact Inc by email at /Rus.army.mil . If you are Willing and wish to Make a clemency recommendation for 1LT Ni es, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
Was
CF:
/
OS.IA, 1st Infantry Division dilial.11111111kiji Trial Defense Counsel
003371

DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

AETT-CG/
APR 2 6 2004
MEMORANDUM FORSE®*, U.S. Army Trial Defense Service, Vilseck Branch Office, APO AE 09114
SUBJECT: Request for Expert Assistance in the Case of United States v. 1LT Glenn A. Niles, Jr.
Your request for appointment of IMMININIONINIENIO,1111111.111110, Landstuhl Regional Medical Center, as an expert assistant and member of the defense team in the case of
U.S. v. 1LT Glenn A. Niles, Jr, is approved.
if—?14
M. WILLIAMS Bri adier eneral, USA Conn mg
c33312
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

REPLY TO
ATTENTION OF

AETV-BGJA-V-TDS/ 19 April 2004
MEMORANDUM THRU StaffJudge Advocate, Headquarters, 1st Infantry Division,
APO, AE 09036
FOR Commander, 7th Army Training Command (General Court Martial Convening
Authority), APO, AE 09114
SUBJECT: Request for Expert Assistance — United States v. 11,T Glenn A. Niles, 615th Military Police Company, APO, AE 09114
1. ILT Glenn A. Niles, the accused in the above-pending General Court Martial, requests the appointment ofaMEINIMMEMIIMINAIIIIIIIII, Landstuhl Regional
Medical Center, as an expert assistant to the Defense in the above matter. 1 LT Nilesfurther requests that
be designated as a member'of the Defense team underU.S. v. Toledo, 25 M.J. 270 (C.M.A. 1987).
2. A military accused has, as a matter of Equal Protection and Due Process, a right to
expert assistance when necessary to present an adequate defense. U.S. v. Carries, 22 M.J.288 (C.M.A. 1986); U.S. v. Robinson, 39 M.J. 88 (C.M.A. 1994), citing Britt v. North Carolina, 404 U.S. 226 (1971) and Ake v. Oklahoma, 470 U.S. 68 (1985). "The Equal
Protection Clause, the Due Process Clause, and Caldwell v. Mississippi, 470 U.S. 68
(1985); the Code; and the Manual provide that service members are entitled to expert assistance when necessary for an adequate defense. This right extends from the
investigative stage through the appellate process." See, U.S. v. Johnson, 39 M.J. 88, 89
(C.M.A. 1994). Failure to employ this expert assistant would effectively deprive 1 LT Niles of his ability to present a defense in this case and would deny him a "[m]eaningful access to justice." Ake v. Oklahoma, 470 U.S. 68 (1985).
3, This expert assistance is both relevant and necessary. 1 LT Niles is accused of maltreatment of Iraqi prisoners during a brief period in the midst of a highly stressful combat deployment. His mental state at the time of the alleged offenses is critical to determining his degree of culpability. As his defense counsel, my ability to adequately prepare his defense will be compromised without the type of expert assistance requested. Further, the Defense cannot communicate freely with the expert on issues relating to the preparation of 1LT Niles' defense unless he is designated as a member of the Defense
team under Toledo.
C333'73

AETV-BGJA-V-TDS SUBJECT: Request for Expert Assistance — United States v. ILT Glenn A. Niles, 615th Military Police Company, APO, AE 09114
4. Thank you for your consideration of this request. POC is the undersigned at.. 4111.2191 or via email at leinage mty mail.10 Oa sg .ar my.m I .
11.11111111110
cc:
WNW' E WU"'
Trial Defense Counsel
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DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
APO AE 09114

/
AETT-CG
AUG 4 2004
MEMORANDUM FOR First Lieutenant Glenn A. Niles, Jr. 41111=111.1 615th Military Police Company, 409th Base Support Battalion, APO AE 09114
SUBJECT: Request for Deferment of Forfeitures
Effective today, pursuant to Article 57(a)(2), UCMJ, I defer adjudged forfeitures until such time as I take action on this case.
OB RT M. ILLIAMS Brig, dier neral, US Army Commanding
CF: 106th Finance Det.
CO3376

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 091 12

REPLY TO
ATTENTION OF:

AETV-13GJA-V-TDS/
22 July 2004
MEMORANDUM FOR Commander, 7th Army Training Command, APO AE 09114
SUBJECT: Request for Deferment of Adjudged Forfeitures, 1 LT Glenn A. Niles, Jr..
-
3, 615th Military Police Company, APO, AE 09114
1.
On 1 July 2004, at a General Court Martial in Vilseck, Germany, my client, 1 LT Glenn A. Niles, Jr., was convicted of conduct unbecoming an officer and gentleman. His adjudged sentence was to be reprimanded and to forfeit $1,003/month for 12 months.

2.
On behalf of my client, I respectfully request that you defer 1 LT Niles' adjudgedforfeiture of pay until action is taken on his case lAW your authority granted by Article 57, UCMJ. 1LT Niles has a spouse and three young children that rely exclusively on his income to meet their day-to-day needs. A deferment until action would help alleviate the

3.
Should you have questions or concerns please do not hesitate to contact me at

financial hardship on the Niles family.
grinkm
Defense Attorney
003377

DEPARTMENT OF THE ARMY REPORT OF RESULT OF TRIAL
For use of this form, see AR 27-t0 the propw,ent agency is OTJAQ
TO: Commander/ M/B 1st Infantry Division Office of Ike Staff Judge Advocate
I. Notification under R.C.M. 1101 and AR 27-10, paragraph 5-30 is hereby given in the case of the lJnited States v. First Lieutenant Glcnn A . Niles, Junior, , 615th Military Police Company. APO AE 09114.
2.
Trial by General Court -Martial on 01 July 2004 , at Rose Barracks Court Room, Vilseck , Germany convened by Court-Martial Convening Order Number 1, Headquarters , 1st Infantry Division, APO AE 09036.

3.
Summary of offenses , pleas and findings:

CN ART UCMJ SPEC BRIEF DESCRIPTION OF OFFENSE(S)/PLEA FINDING
1/93/i/In that 1 LT NILES, at or near Al Taji Police /NO/NG Station , Baghdad, Iraq, on or about 30JUL03, were cruel toward and did maltreat
a person subject to his orders, by striking him in the stomach with a closed fist.
2/In that 1 LT NILES, at or near Al Taji Police /NO/NG Station, Baghdad, Iraq, on or about 30JUL03, were cruel toward and did maltreat
^ -/• a person subject to his orders, by striking him in the stomach with a closed Fist.
3/In that I LT NILES , at or near Al Taji Police/NO/NG Station, Baghdad. Iraq. on or about 30JUL03, were cruel toward and did maltreat fir, a person subject to his orders, by kicking him in the shoulder.
LI/133/The/In that 1 LT NILES, did , at or near AI Tnji/G/G
Police Station, Baghdad , Iraq. on or about
30JUL03, while a platoon leader in the
615th MP Co., and in the presence ofd

and
. wrongfully and dishonorably grab/ by the neck and strike him in the stomach with a closed fist, wrongfully and dishonorably strike — in the stomach with a closed list, and while
being detained by

wrongfully and dishonorably kick —in the shoulder, all to the disgrace of the Officer's Corps, and the Armed Forces.
G333'8

1.0..16,..•. %I •
CONTINUATION SHEET OF DA Form 4430, SEP 2002, Pertaining to U.S. v First Lieutenant Glenn A. Niles Junior, , 615th Military Police Company, APO AE 09114
4.
SENTENCE: To be reprimanded and to forfeit $1003.00 pay per month for 12 months.

5.
Date sentence adjudged and effective date of any forfeiture or reduction in grade (YYYYMMDD): 20040701 (Se. UM? Artic .s 57•50b sod R.C.M. 1101.)

6.
Contents of pretrial agreement concerning sentence, if any: The accused offer to plead guilty to the Charges and Specifications as stated in the Offer to Plead Guilty, and offer to abide by the other terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authority agrees to disapprove any confinement adjudged in excess of 45 days.

7.
Number of days of presentence confinement, if any: None

8.
Number of days of judge-order administrative credit for presentence confinement or restriction found tantamount to confinement. if any: None

q. Total pre-sentence confinement credit toward post-trial confinement: None
10. Names(s) and SSN(s) of companion accused or co-accused if any: None
I 1 . DNA processing LAW 10 U.S.C. 1565 is not required.

12. Con vict ion(s) does not require sex offender registration LAW 42 U.S.C. 14071.
CF:-AM. Cdr. 615th MP Co.-1111111.11.116 Cdr, Pet B, 106th Finance-Trial Counsel Trial Counsel Defense Counsel
DA FORM 4430, SEP 2002 DA FORM 4430-R, MAY 87, IS OBSOLETE
-CO3379
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
1.111.11101111.1111imml.
Headquartel's, I I th Aviation Regiment

Dear 1111111111111.11111111111.
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian
record, and a court-martial conviction in his military record.

I am petitioning the General Court-Martial Convening Authority (UG Williams, Commander of 7th ATC) to set aside this conviction JAW Rule for
Court Martial (RCM) I 1 07(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to
serve as a member of the MP Corps. It will also eliminate many other options that he would have within
the military. As a civilian, however, this conviction will have even more serious consequences. For
instance, 1 LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, I LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. Heis a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that I LT Niles' misconduct should never have been brought to a court martial. My goal is to
convince the Commanding General of that with my petition for clemency. I LT Niles should have been
given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1 LT Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated,
I LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set asidethe conviction.
1 LT Niles and I thank you for your consideration of this request. I am available to discuss this matterwith you any time if ou desire to contact me. I can be reached on iluslammill....1.11010 o
r i n
the office at -2191. You can also contact me by email
ate.011.1111116Pusearmy.mil . If you arewilling and wish to make a clemency recommendation for 1 LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
611111111MMIO.
OSJA, 1st Infantry Division / 011.11.1.1mmill Trial Defense Counsel 033380
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
Headquarters, Combat Maneuver Training Center
Dear 1111111111.111.11...
:
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) 1107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, I LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that I LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. 1LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1 LT Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated,
LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside
the conviction.
I LT Niles and I thank you for your consideration of this request. I am available to discuss this matterwith you any time if you desire to contact me. I can be reached on
myellioNsINIMPIMINIMP3r in
the office attIMINI-2191. You can also contact me by email
atellinli@us.army.mil .
If yoe
willing and wish to make a clemency recommendation for 1LT Niles, please let me know and I will are coordinate the logistics to make it happen.
Very Respectfully,
$111111111111111
CF:
OS,IA, I st Infantry Division

Trial Defense Counsel 033381
/
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
Headquarters, 7 th Army Training Command
Dear illamoll11111111111111111=0:
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian
record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial
Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for
Conti Martial (RCM) I 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede I LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty
and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He
is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My
belief is that 1 LT Niles' misconduct should never have been brought to a court martial. My goal is to
convince the Commanding General of that with my petition for clemency.
1 LT Niles should have been
given a reprimand in the beginning:, the CG now has the opportunity to correct this and give I LI Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, 1LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set asidethe conviction.
I LT Niles and I thank you for your consideration of this request. I am available to discuss this matterwith you any lime if you desire to contact me. I can be reached on my fraf///
or in
the office at411.11112191. You can also contact me by email atrialalala@xarmy.mil
. If you are
willing and wish to make a clemency recommendation for I LT Niles, please let me know and I will coordinate the logistics to make it happen.
111111111111111111111111y,
1111111111111111
CF:
OSJA, 1st Infantry Division
/ 033382
Trial Defense Counsel
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
apoommumw
Headquarters, 98 t h ASG
Dear
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to
respectfully ask you for your support in getting clemency for my client.

As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) I I 07(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance. This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, I LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1 LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of'that with my petition for clemency. I LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give I LT Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency
recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, I LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CO to set aside
the conviction.
1 LT Niles and I thank you for your consideration of this request. I am available to discuss this matter with you any time if ou desire to contact me. I can be reached on milliallaimulimmemp
or in
the office at 2191. You can also contact me by email at
simma Jra If you are
willing and wish to make a clemency recommendation for I LT Niles, please let me know and I will coordinate the logistics to make it happen.
Very Respectfully,
CF:
OSJA, 1st Infantry Division =Ine Trial Defense Counsel 033383
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
INIMI11111111=111.111111,110111111101111111
Headquarters, 98 th ASG
DearialliM1111111111111111:
I am writing this memorandum as part of my continuing representation of 1LT Glenn A.
Niles, Jr. to
respectfully ask you for your support in getting clemency for my client.
As you learned at his court-martial, 1 LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction IAW Rule for Court Martial (RCM) I 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1 LT Niles' future. If the conviction
remains on his record, he will likely lose his security clearance. This will prevent him from continuing to
serve as a member of the MP Corps. It will also eliminate many other options that he would have within
the military. As a civilian, however, this conviction will have even more serious consequences. For
instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, 1LT Niles could have pled not guilty
and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He
is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My
belief is that 1 LT Niles' misconduct should never have been brought to a court martial. My goal is to
convince the Commanding General of that with my petition for clemency. I LT Niles should have been
given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1 LT Niles a
real chance to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated, I LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside
the conviction.
I LT Niles and I thank you for your consideration of this request. I am available to discuss this matterwith you any time if you desire to contact me. I can be reached on my eiNIMIIImgjiailiNIMIII or inthe office atellini.2191. You can also contact me by email ateilogoll@us.army.mil .
If you are
willing and wish to make a clemency recommendation for 1 LT Niles, please let me know and I will
coordinate the logistics to make it happen.

Very Respectfully,
CF:
OSJA, 1st Infantry Division

Trial Defense Counsel
G33384
DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
Region VIII, Vilseck Branch Office
APO AE 09112

7 September 2004
111.101111111111.11111.11.111111110
U.S. Army Medical Activity
Dear
I am writing this memorandum as part of my continuing representation of I LT Glenn A. Niles, Jr. to
respectfully ask you for your support in getting clemency for my client.

As you learned at his court-martial, I LT Niles now has a federal criminal conviction on his civilian record, and a court-martial conviction in his military record. I am petitioning the General Court-Martial Convening Authority (BG Williams, Commander of 7th ATC) to set aside this conviction JAW Rule for Court Martial (RCM) 1 107(c)(2)(A). I will be asking him to issue the reprimand in its place.
In or out of the Army, this conviction is going to greatly impede 1 LT Niles' future. If the conviction remains on his record, he will likely lose his security clearance: This will prevent him from continuing to serve as a member of the MP Corps. It will also eliminate many other options that he would have within the military. As a civilian, however, this conviction will have even more serious consequences. For instance, I LT Niles will likely be unable to use his Masters in counseling because he would have a
record.
I feel that a criminal conviction is unjust in this case. Of course, I LT Niles could have pled not guilty and fought this charge. The simple fact is, however, that he did strike the Iraqi prisoners as alleged. He is a man of integrity and could not morally or ethically plead not guilty when he knew he did it. My belief is that 1 LT Niles' misconduct should never have been brought to a court martial. My goal is to convince the Commanding General of that with my petition for clemency. I LT Niles should have been given a reprimand in the beginning; the CG now has the opportunity to correct this and give 1LTNiles a
real chalice to "soldier back" from this incident and advance.
This is where you can help. RCM 1105 (b)(2)(D) provides that an accused can submit clemency recommendations from any person, including court-martial panel members, and that the defense can ask any person for such a recommendation. That is my purpose for writing you. It is not my intent to pressure you, nor do I desire to get any inside information related to your deliberations. Simply stated,
I LT Niles and I need your help. A letter from you as a panel member that heard all the facts in this case supporting our request will send a strong message that would be helpful in persuading the CG to set aside the conviction.
I LT Niles and I thank you for your consideration of this request. 1 am available to discuss this matter
with you an time if you desire to contact me. I can be reached on my 0010/1=11/1/11,MR/araor inthe office at/2191. You can also contact me by email at falllin@j15AEmy.mil . If willing and wish to make a clemency recommendation for I LT Niles, please let me know are
and I will
coordinate the logistics to make it happen.
Very Respectfully,
1111111111
CF: 1
OSJA, 1st Infantry Division
=11M10
Trial Defense Counsel
CO3385
RECORD OF PROCEEDINGS

C33386
DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA-CLD
MEMORANDUM FOR Record of Trial
SUBJECT: Receipt for Staff Judge Advocates Recommendation and Record of Trial
1. Enclosed is a copy of the Staff Judge Advocate's Recommendation and Record of Trial in your
case. Please sign and date the acknowledgement below and fax receipt to our office alai'.6757.
2. 1105 matters are due to this office ten calendar days from the date this receipt of service is delivered to your defense counsel.
NCOIC, Military Justice
I hereby acknowledge receipt of the above documents o
GLENN A. NILES, JR. 1LT, USA
003387

DEPARTMENT OF THE ARMY
Seventh Army Training Command
Office of the Staff Judge Advocate
APO Army Europe 09036

AETV-BGJA
MEMORANDUM FOR Record
SUBJECT: Receipt for Staff Judge Advocate's Recommendation
1.
Enclosed is a copy of the Staff Judge Advocate Post Trial Recommendation and Record of Trial in the General Court-Martial of U.S. v. 1LT Glenn A. Niles, Jr..

2.
Please sign and date the acknowledgment and fax the receipt to our office at 111111.6757.

Ends as NCOIC, Military Justice
I hereby acknowledge receipt of the above named documents on Z7 34 n 2003
MOM 011111111111111¦11.1
Defense Counsel
033388

***** MILITARY JUDGES' ERRATA SHEET *****
UNITED STATES V. 1LT Glenn A. Niles, Jr.
MILITARY JUDGE: IIIIIIIIb(Pages 1 — 13)
PAGE JUDGE'S PAGE JUDGE'S

PAGE JUDGE'S PAGE JUDGE'SNUMBER INITIALS NUMBER .INITIALS NUMBER INITIALS NUMBER INITIALS
q MI
NOTICE: The above naaels) (hast (havP1 rill-mg-4;mile\/A ,-,-,-,, ,-,F —a-. —,.,,+,,,1 ...,.---..... 1_ _ 1- -- _,_ A
into all copies of the record of trial.
Signature of Military Judge: FHT Form 27-X22 (SJA) 1 N Date: so& ov
C 03389
DOD 002098

***** MILITARY JUDGES' ERRATA SHEET *****
UNITED STATES V. 1LT Glenn A. Niles, Jr. MILITARY JUDGE: WNW (Pages 14 — 245) PAGE/JUDGE'S/PAGE/JUDGE'S/PAGE/JUDGE'S/
PAGE/JUDGE'S NUMBER /INITIALS NUMBER INITIALS/NUMBER INITIALS/
NUMBER INITIALS
qLf /,
.s" I'1 1 5 5--/
.------------
/3"-I-
/6. Y /11111

¦--------"

NOTICE:__.e a/b. ove pages (has) (have) correction(s). A copy of each corrected-mus_tbe inserted into all copies of the record of tri
Signature of Military Judge:
Date: L't FHT Form 27-X22 (SJA) 1 NO 94
003390
A
ERRATA SHEET (Fassler
UNIT: DATES:
615th MP Com • an
9 Jun and 1 Jul 04 Ma:
To TC: 22 Oct 04
NA
To 2nd MJ:

Returned: NA Authenticated:
CORRECTIONS:
Remarks:
IV/A,
/
2.0 1-Ai /4
MIN
M1111111.1mill
MIIIIM411111m1 UM MIK .
"'SM11111
11111111‘ NIMIg'131
¦11111milk,
11111111111111ft„
MINI1111111111111kb„
Page:
Reviewers Initials.'
C 03392
DOD 002100
,
.O
ERRATA SHEET (Fassler)
CASE NAME: UNIT: TYPE: DATES:
U.S. V. Niles, Glenn A. Jr. 615th MP Company GCM
9 Jun and 1 Jul 04
TC: DC:
MJ: MJ:
. MEM NA
rltil:111rOct 04 To DC: 22 Oct 04 To MJ:
To 2nd MJ: NA
Returned: Returned: Returned:­. Authenticated:
CORRECTIONS:
Page Line Change From: Change To: Remarks:
5 17
MIL 11111111
26 18 there they / 93 14 negative positive
Answer was to
Ir the previous question — Can they all see?
1101 18 Go on Going 130 19
X-Eval Ex-Eval Reference to an [---"Exercise Evaluation" 148 18 your. you.
02 6 unauthorized authorized
208 13 equine akin
209 13, plague play
/17

,212 20 "what do they?" "what do they do?"
217

23 mixed middle
219 13 relieve for cause "Relief-for-Cause"
20 21 tracked tragic
22 13 will not describe, will describe,

___--------

Page: 1 of 1/Reviewers Initials: Ili CO3391
RECORD OF TRIAL

.

Of
NILES, Glenn A. Jr.G First Lieutenant

Last, First, Middle Initial)G

(Name:.(Social Security Number).(Rank)

615th MP CoGU.S. ArmyG09114

APO AEG

(Unit/command Name).(Branch of Service).(Station or Ship)

BY

GENERALGCOURT-MARTIAL Convened by COMMANDER
(Title of Convening Authority)

Headquarters, 7th Army Training Command

(Unit/Command of Convening Authority)

Tried at

Wuerzburg and Vilseck, GermanyGonG

9 Jun and 1 Jul 04

(Place or Places of Trial).

(Date or Dates of Trial)

INDEX RECORD
Article 39(a)GSessions:
On 9 Jun 04 R- 1
On 1 Jul 04 R- 14, 81,G
157, 205,
232,G239,G243
Introduction of Counsel R- 2,G4
Challenges _-
Arraignment R- 7
Motions --
Pleas R- 15
Prosecution evidence R- 18
Defense evidence --
Instructions on findings --
Findings R- 48
Prosecution evidence R- 92
Defense evidence R- 93
Sentence R- 241
Appellate rights advisement R- 244
Proceedings in revision --

orm 490, Oct 84, Page 1

033393

TESTIMONY

Direct and Cross and

Court
Name of Witness (Last, First, Middle Initial) Redirect Recross
Prosecution

N/A

Defense
92,G110 102 --
112,G116 115 --
118 123 127
128,G134 133,G--

135
137,G147

146 144,G--
148,G152

154
162,G186 174,G178

182
187 189 --
G 190 193 --
195 ----

Accused Unsworn 203 ----
Court
N/A

EXHIBITS ADMITTED IN EVIDENCE

Number or Description

Page Where-Letter
Offered Admitted
PE 1 Stipulation of Fact 18 21

PE 2 Accused's ORB

55 55
PE 3 Accused's DER

55 55
DE A Good soldier book

55 56
DE B Audiocassette tape of Accused's unsworn at 32 hearing 157 158
DE C Letter from 411111111111111m.

158 159
AE I OTP with Quantum

35 --
AE II Notice of Forum and Plea

15 --

AE III Flyer

53 --
AE IV Sentencing worksheet --

53
AE V Question 011.11.1111110 127
AE VI Question

178 --
AE VII Question 11111111.111.11111

178 --
AE VIII Question 6111.11111111111111 180 --
AE VIX Post trial and appellate rights

244 --

033394

COPIES OF RECORD 1 G
copy of record furnished the accused or defense counsel as per attached certificate or receipt.
copy(ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD 2
I hereby acknowledge receipt of a copy of the record of trial in the case of Unites States v. G
Delivered to me at G this Gday of G, 20G

(Signature of accused)

I hereby acknowledge receipt of a copy of the record of trial in the case of Unites States V. G
Delivered to me at G this Gday of G, 20G

(Signature of accused)

1 For instructions as to preparation of copies of record, see back cover or appendices 13 and 16, MCH, 2000.
2 If copy of record prepared for accused contains matters requiring security protection, see RCM 1106(b)(1)(0), MCM 2000

DD Form 490, Oct 84, Page 2
033395

DOD 002104

G

1 PROCEEDINGS OF A GENERAL COURTMARTIAL

-

2

3 The military judge called the Article 39(a) session to order at

4 1215, 9 June 2004, at Leighton Barracks, Wuerzburg, Germany, pursuant
5 to the following orders:
6 Court-Martial Convening Order Number 1, Headquarters, Seventh Army

7 Training Command, APO Army Europe, dated 25 February 2004, as amended
8 by Court-Martial Convening Order Number 8, same headquarters, dated
9 23 June 2004.

10G [END OF PAGE]

11
1/
C33396
There were no Court-Martial Convening Orders for the year 2003.
CORRECTED COPY
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

. -
-
COURT-MARTIAL CONVENING ORDER

25 Febniai; 2004 NUMBER
A general court-martial is convened with the following members:
, HHC, 11th Avn Regt , Spt Co. 7th Army CATC
lis, 6-52 ADA 7th ATC HHC, 98th ASO
, Rear Det, 280th PSE
HHC. 12th Avn Bde ,CMTC MIC, 98th ASG
, Co B, 17th Sig Bn
, HHB, 1-6 FA
, HHC, 100th ASG

If the accused submits a request pursuant to Article 25(c), UCMJ, that enlisted members serve on the court-martial, the above named officer members not named below are excused, and the members will be as follows:
1111111111MMONONNIMM HHC, 1 lth Avn Regt
Spt Co, 7th Army CATC
. 6-52 ADA
ill mon 1­
10:14.. 7th ATC
HHC, 98th ASG
MC, CMTC
. HHC, 11th Avn Regt
rte, HNC, 1-6.i AR
, 7th ATC NCO ACADEMY
Spt Co, 7th Army CATC
, HHC, 100th ASG
HHC, 100th ASG

BY COMMAND OF BRIGADIER GENERAL WILLIAMS:
DISTRIBUTION:
Each Individual Concerned (1)
CDR, 7th ATC, ATTN: AETV-BGJA-CLD (1) Chief, Military Justice
Record of Trial (1)
P.:7 (1)
Reference Set (I)

C33397

F-•
DEPARTMENT OF THE ARMY
HEADQUARTERS, SEVENTH ARMY TRAINING COMMAND
UNIT 28130
APO AE 09114-8130

COURT-MARTIAL CONVENING ORDER/ 23 June 2004 NUMBER/ 8
The following members are detailed to the general court-martial convened by Court-Martial Convening Order Number 1, same headquarters, dated 25 February 2004:
011111111111111111111111111.1111, 7th ATC
HHC, CMTC , HHC, 7th CSG CMTC
VICE:
410¦1111111111111111111, HHC, 12th Avn Bde 41111111111111/Milli HHC, CMTC
11.11/11.111111.111111111., HHB, 1-6 FA HHC, 100th ASG
For the trial of United States v. 1LT Glenn A. Niles, Jr., 615th Military Police Company, APO AE
09114.

BY COMMAND OF BRIGADIER GENERAL WILLIAMS:
DISTRIBUTION:
Each Individual Concerned (1)
Record of Trial (1) Chief, Military Justice
Record Set (1)
Reference Set (1)

033398

1GMJ: Please be seated. This Article 39(a) session is called to
2 order.
3GTC: This court-martial is convened by Court-Martial Convening
4 Order Number 1, Headquarters, Seventh Army Training Command, dated 25

5 February 2004, copies of which have been furnished to the military
6 judge, counsel, and the accused and which will be inserted at this
7 point in the record.

8GThe charges have been properly referred to this court for

9 trial and were served on the accused on 2 June 2004.
10GThe prosecution is ready to proceed with the arraignment in
11 this case of United States versus First Lieutenant Glenn A Niles.
12GThe accused and the following persons detailed to this

13 court are present:
14G MILITARY JUDGE;
15G.1.111111111111111111111111111111., TRIAL COUNSEL;
16G , ASSISTANT TRIAL COUNSEL; and

17G , DEFENSE COUNSEL.
18GThe members are absent.
19G has been detailed as the reporter for
20 this court and has previously been sworn.
21GAll members of the prosecution have been detailed to this
22 court-martial by the acting staff judge advocate 1111110111111.11111111b.
23 All members of the prosecution are qualified and certified under

2G

CO3399

1 Article 27(bravo) and sworn under Article 42(alpha), Uniform Code of
2 Military Justice. No member of the prosecution has acted in any
3 manner that might tend to disqualify us in this court-martial.
4GMJ: Thank you.
5GGood afternoon, Lieutenant Niles.
6GACC: Good afternoon.
7GMJ: You are represented, currently, by G

He is
8 your detailed military defense counsel, and he is provided to
9 represent you free of charge at this court-martial. You also have
10 the right to request a different military lawyer to represent you,
11 and if that person were reasonably available, then he or she would be

12 also detailed to your case to represent you free of charge. If your
13 request for another military lawyer were granted, however, you would
14 not normally have the right to keep the services of milimmillo

15 because you're normally entitled to only one military lawyer. You
16 could askGboss to allow you to keep him on the case
17 with the other military lawyer, but your request would not have to be

18 granted.
19GIn addition, you, of course, have the right to hire a
20 civilian attorney. A civilian lawyer would have to be provided by
21 you at no expense to the government. If you were represented by a
22 civilian lawyer, you could keep .111111111111111111111, on your case to assist

3

003400
DOD 002109
1 your civilian lawyer, or you could release
/and be
2 represented solely by your civilian attorney.
3G

Those are basically your rights to counsel. Do you
4 understand all of those?

5GACC: Yes, Your Honor.
6GMJ: Do you have any questions about them?
7GACC: Not at this time, Your Honor.
8G

MJ: By whom do you wish to be represented?
9G

ACC: By 1111.11111111111r at this time, Your Honor.
10GMJ: By 41111111111111.1.1. alone then? 11GACC: At this time, Your Honor. 12GMJ: All right. 13G
, please indicate your detailing and

14 qualifications for the record.
15GDC: Yes, Ma'am.
16G

I've been detailed to this court-martial bleMOMMOMMONO

immuml the senior defense counsel. I am qualified and certified
18 under Article 27(bravo), sworn under Article 42(alpha) of the Uniform
19 Code of Military Justice. I have not acted in any manner, which
20 might tend to disqualify me from this court-martial.

21G

MJ: Thank you, and let me just tell you, Lieutenant Niles,
22 given those rights that I've just told you, if you do choose to
23 request another individual military counsel or to hire a civilian

033401
4
1 attorney, then just please notify the court at some point so that I
2 can understand who will be at the court-martial. All right?
3GACC: Yes, Your Honor.
4GMJ: Thanks.

5G

All right, I too have been properly certified, sworn, and
6 detailed to this court-martial. Counsel for both sides appear to
7 have the requisite qualifications and all personnel required to be
8 sworn have been sworn.
9G

Trial Counsel, please announce the general nature of the
10 charges in this case.
11GTC:

Your Honor, the general nature of the charges in this case
12 are one charge and three specifications of a violation of Article 93
13 for cruelty and maltreatment; one charge and one specification of a
14 violation of Article 133, conduct unbecoming an officer and a
15 gentlemen. The charges were preferred by 4111101011,MOMOMOMIMO
16 11100 forwarded with recommendations as to disposition by -
17 4111111.11111111111 and investigated byell.11111.1111111111111.111.111
18 11101.110110.
19GMJ: So there was an Article 32 investigation held in this case?
20GTC: Yes, Your Honor.
21GMJ:

All right, I'm not aware of any matter that may be a ground
22 for challenge against me. Does either side desire either to question
23 me or challenge me?

G

5 C 0 3402
r=7
1GTC: No, Ma'am.
2GDC: No, Ma'am.
3G

MJ: All right. What I want to do now, Lieutenant Niles, is go
4 over with you your rights as to how you can be tried at this court-
5 martial. You have the right to be tried by a court consisting of at
6 least five officer members. None of those officers would come from
7 your company and none of them would be junior in rank to you.

8G

Do you understand what I've said?
9GACC: Yes, Your Honor.
10G

MJ: All right. If you were tried by a court with members, the
11 members will vote by secret written ballot and two-thirds of the
12 members must agree before you could be found guilty of any offense.
13 If you were found guilty,-then two-thirds must also agree in voting
14 on a sentence, and if that sentence included confinement for more
15 than 10 years, then three-fourths would have to agree.

16G

You also have the right to request a trial by military
17 judge alone, and if approved, there will be no court members and the
18 judge alone will decide whether you are guilty or not guilty, and if
19 you are found guilty, the judge alone will determine your sentence.

20G

Do you understand the difference between trial before
21 members and trial before a military judge alone?
22GACC: Yes, Your Honor.

6

033403
1
/MJ: 11.11111111.111.1. , are you prepared to enter a choice of forum
2 today?
3GDC: No, Your Honor, we ask that we be allowed to defer that
4 until a later date.

5GMJ: All right, your request to defer choice of forum is 6 granted. What that means, Lieutenant Niles, is I'll allow you to 7 continue to talk with your counsel, but at sometime prior to the date 8 that we set for trial, I'll expect that your counsel will notify the 9 court and the government of your choice as to how you want to be
10 tried. All right?
11GACC: Yes, Your Honor.
12GMJ: The accused will now be arraigned.
13GTC: All parties to the trial have been furnished with a copy of

14 the charges. Does the accused want them read?

15GDC: Your Honor, the accused waives reading of the charges.
16GMJ: The reading may be omitted.
17G[THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE.]
18G [END OF PAGE]

19
7
C 3 4 0 4
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI)
2. SSN
3. GRADE OR RANK 4. PAY GRADE
NILES, Glenn A., Jr.
1LT 0-2
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
a. INITIAL DATE b. TERM
tC
0? ii $1 nilirOti
615th Military Police Company, APO AE 09302

10 May 01 4 yrs
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED . 9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
4fiMC-$
1-gy $ $-N/A N/A
as.filktti .2.2.* t_ 10 3-, j. 3$/1.1725AMY 0
II. CHARGES D SPECIFICATIONS
10. CHARGE 1:/VIOLATION OF THE UCMJ, ARTICLE 93
SPECIFICATION 1: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or
about 30 July 2003, was cruel toward and did maltreat/101, a person subject to his orders, by striking him in the
stomach with a closed fist.
SPECIFICATION 2: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, was cruel toward and did maltreatIMMIIIIIIIIIIIIIIR, a person subject to his orders, by striking him in thestomach with a closed fist./ •
SPECIFICATION 3: In that 1LT Glenn A. Niles, Jr., U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or
about 30 July 2003, was cruel toward and did maltreat 1—, a person subject to his orders, by kicking him in the
shoulder.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 133
THE SPECIFICATION: In that 1LT Glenn A. Niles, Jr., U.S. Army, did, at or near Al Taji Police Statio /Baghdad, Ira , on orabout 30 July 2003, while a platoon leader in the 615th Military Police Company, and in the presence of /
,
umhommin, and 111111111111MNIMII, wrongfully and dishonorably grab 11111111111111111.16by the neck and strike him in the stomach with a closed fist, wrongfully and dishonorably strike histriiiimaillia in the stomach with a closed fist,and while being detained byellIMMINIIIIIIIIIIII wrongfully and dishonorably kicIMMINIMIIIIIIII in the shoulder, all tothe disgrace of the Officer's Corps, and the Armed Forces.
III. PREFERRAL
11a. NAME OF ACCUSER (Last, First, Mi) b. GRADE c. ORGANIZATION OF ACCUSER
1.111.11.11111111111111.1111111110 aili1 615th Military Police Company
d.-IONA U E OF ACCUSER e. DATE
0---Se=i) Oma.
•
AFFIDAVIT:/Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this 30th day of September, 2003, and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
18th Military Police Brigade
Typed Name of Officer Organization of Officer
01111116-Article 136(a), UCMJ - Trial Counsel
Grade
Official Capacity to Administer Oath (See R.C.M. 307(b) - must be a commissioned officer)
amminimmanuour
_
CO3405

12.
...
On 30 September. 2003. the accused was Informed of the charges against him/her and of the names) of
the accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)

615th Military Police Company
Typed Name of Immediate Commander Organization of Immediate Commander
01101
Grad
a
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at 12 q C-hours, 30 September. 2003 at ­
Warrior Palace, 709th Military
Designation of Command or
Police Battalion, Baghdad, Iraq, APO AE 09302
Officer Exercising Summary Court-Martial Jurisdiction (See ROM. 403)
-FM-THE: 1
MI11111116 Battalion Commander
Typed Name of Officer Official Capacity of Officer Signing
I

Grad
'mature
V. REFERRAL; SERVICE OF CHARGES 14a. DESIGNATION OMMAND OF CO VENING AUTHORITY b. PLACE c. DATE
Headquarters, th Army Training Command Graf enVo et; Germany 2 June 2004
Referred for trial to the-court-martial convened bY
General-Court-Martial Convening Order Number 1
dated-, 25-February-20 04 0.0110
, subject to the following instructions: 2
COMMAND BRIGADIER GENERAL ROBERT M. WILLIAMS:

By of­
Command or Order
Chief, Military Justice

Typed Name of Officer Official Capacity of Officer Signing
NO
Grade
----1411111111111111 1111111.—Signature
15.
2Ait_
On . 20-201) Li , I (caused to be) served a copy her e above n cured.
ped Name of Mal Counsel rade or Ra .of Mal Counsel
Signature FOOTNOTES: .1 — When an appropriate commander signs personally, inapplicable words are stricken. 2 — See R.C.M. 601(e) concerning instructions. if none, so state.
003406

1G

TC: The charges are signed by 1.101.01m111111111111111MIMMIS a
2 person subject to the Code as accuser and are properly sworn to
3 before a commissioned officer of the armed forces authorized to
4 administer oaths and are properly referred to this court-martial by--
5 for trial by Brigadier General Robert Williams, the convening

6 authority.
7G

MJ: Very well. Before I ask for motions and plea, let me put
8 on the record the substance of an 802 held in chambers just a few
9 minutes ago. Present were all three counsel and myself.

10G

We discussed potential trial dates in this case, and I was

11 told by the defense that they intend, today, to file a speedy trial
12 motion.
13G

DC: That's correct, Your Honor.
14G

MJ: Right, and government and defense know my policy on a
15 speedy trial motion is to hold a hearing as quickly as possible since
16 we don't want the court to be responsible for the delay. Given that,
17 I will be on leave starting Monday, therefore, the judge that will
18 hear the speedy trial motion will be 11101111111111111111111111111".
19 She will hear your speedy trial motion on Monday at 1000 hours in

20 Vilseck.
21G

We also discussed setting a potential trial date in the
22 event that that motion is denied, and agreed on 1 July as the trial
23 date. Given thatillilmill.1111. will be the judge for purposes of

8

GO3407
DOD 002116
the pretrial motion, she will also be the judge for trial on the 1st

2 of July.
3GI was told by counsel that the three Iraqis are not likely
4 to be produced for trial, but that the government hopes to prove the
5 case with other eyewitnesses, and I was told by both counsel that
6 there is an issue with regard to multiplicity given United States
7 versus Cherukuri in that either the Charge I specifications will
8 merge into the 133 offense or vice versa.
9GThat's all my notes show as to what we discussed. Do

10 counsel have anything to add?
11GTC: Just one point, Your Honor. We are still looking for the
12 three Iraqi alleged victims of this crime. I just--most likely they
13 will not be found, but we are still making attempts to locate them.

14GMJ: Got it.
15GDC: Nothing to add, Your Honor, based on your synopsis.
16GMJ: All right.
17GLieutenant Niles, Counsel, please rise.
18 [The accused and his counsel did as directed.]
19GMJ: Fi(st Lieutenant Glenn A. Niles, Jr., how do you plead?

Obi
20 Before receiving your plea, I advise you that any motions to dismiss
21 or to grant any other appropriate relief should be made at this time.
22 Your defense counsel will speak for you.

G

9 CO3
408
1GDC: Thank you, Your Honor. We've already discussed the issue
2 with the motion we plan to present later on this afternoon, and we
3 ask that we be allowed to defer entrance of pleas until a later date
4 as well.
5GMJ: Very well. Please be seated.
6 [The accused and his counsel did as directed.]
7GMJ: Your request is granted. So the way I see it, there are
8 two potential motions. Certainly there will be a speedy trial motion
9 litigated on Monday, but there may also be a multiplicity argument if

10 you and the government cannot agree on action, correct?
11GDC: That's correct, Your Honor.
12GMJ: All right, so those are the two dates you all are working
13 with, 14 June, Monday, in Vilseck beginning at 1000 will be the
14 speedy trial motion. Defense I'll hold you to your word to get it
15 to--to get the motion to--better get it to me and Colonel Browne
16 tonight.
17GDC: Yes, Ma'am.
18GMJ: Government, get your response as quickly as possible. I
19 know she'll be in over the weekend, so even if it's Saturday get it
20 to her, okay?
21GTC: Yes, Ma'am.
22GDC: And I'll file that electronically, Your Honor, is that the
23 best way?

/ Gt13 4 O9.
10
/
/
1 MJ: Yes, and include with it, please, a time line.
G

2 DC: Yes, Ma'am.
G

3 MJ: All right?
G

4 DC: Absolutely.
G

5

MJ: And then on the 1st of July, we're setting it for 0900
6 given that I think I was told by counsel that it may be a panel case,
7 so go ahead and start early in the morning. All right?
8GDC: Yes, Your Honor.
9GTC: Yes, Ma'am.

10GMJ: All right.
11G

All right, Lieutenant Niles, what we've done here today is
12 called an arraignment, that's the legal term for the first pretrial
13 session of any court-martial. As the accused in a court-martial, you
14 have an absolute right to be present at every session of your court
15 and that's whether it's a pretrial session, like we held this
16 morning, or the trial itself, which we've set for the 1st of July or
17 even any post trial sessions. The one exception to your right to be
18 present is if you were to absent yourself without leave, that is, go
19 AWOL between now and the dates that we've set for trial, then the
20 government could go ahead and opt to try the case even though you are
21 absent. That'd be a very bad situation for Captain Stelle. He'd be
22 defending an empty chair. I would enter a plea of not guilty for you

11/ ,G 634 if)

15LAN K

?AGE

co341i
DOD 002120
REDACTED
COPY

COURT-MARTIAL RECORD

NAME /\/r LEs GLEAN A 1 LT
,
SSN
ACTIONS CODED: • ASSIGNED. TO:
INITIAL -PANEL ­ACCA -i,

-
TaXechDftkFINAL -• 0-Le2K oP Coufer COMPANION(S):
RETURN THIS FILE TO
-OFFICE OF THE CLERK OF COURT US ARMY JUDICIARY
901 NORTH, STUART STREET,. SUITE '1200 ARLINGTON, VA. 22203-1837
VOL OF -1:r-
VOL(S)
ARMY 2 0 0 4 0 6 8 3
JALS-CC FORM 24, tOCTOBER 2000'
C33413
DOD 002122
Fassler C VOL II of II
ORIGINAL COPY
vERBATxre
RECORD OF ^ TRIAL2.
(and accompanying papers)
OF
NILES, Glenn A., Jr. First Lieutenant
(NAME: Last, First Middle Initial) -(Social Security Number)­ (Rank)
615th Military
Police Company US Army APO AE 09114
(unit/Command Name)- (Branch of Service)- (Station or Ship)

BY
GENERAL COURT-MARTIAL

CONVENED BY COMMANDING GENERAL

(Title of Convening Authority)
Headquarters, Seventh Army Training Comand

(UnWCommand of Convening Authority)
TRIED AT
Wuerzburg and Vilseck, Germany ON 9 Jun and 1 Jul 04

(Place or Places of Trial)-(Date or Dates of Trial)
COMPANION CASES

:

m.pev sn

Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim rt ija4i1 4,1Y.) 2 See inside back cover for instructions as to preparation and arrangement.
DD FORM 490, MAY 2000-PREVIOUS EDITIONS ARE OBSOLETE. FRONT COVER
2 0 0 4 0 6 8 3

DOD 002123
1 to all the charges and specifications, and we would hold a trial even
2 in your absence.

3GDo you understand all that?
4GACC: Yes, Your Honor.
5G

MJ: All right. I don't expect that you're going to go AWOL, in
6 fact, quite the contrary. I tell that to everyone who has been
7 arraigned because I want you to understand that you're kind of in the
8 final stretch now. It's critical that you stay in close contact with
9 Captain Stelle between now and the date we set for trial so that you

10 can be here to assist in your defense. All right?
11GACC: Yes, Your Honor.
12G

MJ: Now, I note from the charge sheet that Lieutenant Niles is
13 not under any form of restraint. Is that right, Captain Stelle?
14G

DC: That's correct, Your Honor.
15G

MJ: All right. Is there anything else we can take up here
16 today?
17G

TC: Your Honor, just the--I understand we've handled the
18 motions part, but the date plea and forum will be due?
19G

MJ: Oh okay. Let's figure that out. All right, if your
20 hearing is on the 14th of June, she's in trial the next 2 days.
21 expect you'll have an answer at least by the 17th, so let's make
22 close of business Friday the 18th when plea and forum can be given.

23 All right?

G

12 033415
1GDC: Yes, Your Honor.
2GTC: Yes, Ma'am.
3GMJ: Clearly though, that is already within the 2 week window,
4 Captain III" so to the extent that there are any overseas
5 witnesses thatGdesires to call on his behalf, please
6 get that information to the government now. All right?
7GDC: Absolutely, Ma'am, thank you.
8GMJ: Thanks. And obviously, Government, to the extent that you
9 intend to deny any of those witnesses and you all need a 39(a) to

10 litigate, then you just get back in touch with Colonel
11 she'll set a date, all right?
12GTC: Understood, Ma'am.
13GDC: Yes, Ma'am.
14GMJ: Court is in recess.
15G

[The session recessed at 1230, 9 June 2004.]
16G [END OF PAGE]

063416
13

1 [The court-martial was called to order at 1004, 1 July 2004 in
2 Vilseck, Germany pursuant to the orders previously inserted in the
3 record and Court-Martial Convening Order Number 8 dated 23 June 2004
4 Headquarters, 7th Army Training Command, APO Army Europe.]
5 [All parties present when the court recessed were again present with
6G

the exception of the military judge Lieutenant ColonelGJ who
7 was replaced by Colonel 1111111111111111111111pMand the court reporter Mrs.
8 VIONIMONIIII, who was replaced by Mr.V1111111111111111111..]
9GMJ: This Article 39(a) session is called to order. You may be

10 seated.
11GTC: Your Honor, the accused has already been arraigned.
12GMJ: All right, and at the last hearing in this trial,
13 Lieutenant Niles, you were advised that you could be represented by
14 Captaining.. Do you recall that?
15GACC: Yes, Ma'am.
16GMJ: Are you still happy to be represented by him?
17GACC: Yes, Ma'am.
18GMJ: All right and also at the last hearing in this case, which
19 I believe was on 9 June, Colonel alktold you about your forum
20 rights. Do recall that discussion?
21GACC: Yes, Ma'am.
22GMJ: Are you ready to tell me what forum you choose?

23GDC: Yes--yes, Your Honor.

14

Y/17

/
1GMJ: All right.
2GDC: The accused requests a trial by officer panel for
3 sentencing only, and we have a written request.
4GMJ: All right then, if you've submitted that, I guess we'll

5 make that an appellate exhibit whatever the next one is.
6 [The CR marked the notice of forum and plea as AE II.]
7GMJ: All right, that's Appellate Exhibit II.
8GAt this time, will the accused and defense counsel please

9 rise?

,

10 [The accused and his counsel did as directed.]

/
11 MJ: Lieutenant Niles, how do you plead, before receiving your 12 plea, I advise you that any motions to dismiss or grant other 13 appropriate relief should be made at this time. Your defense counsel 14 will speak for you. 15GDC: Thank you, Your Honor. The motion previously filed on 9 16 June for dismissal in violation of Rule 707 lack of speedy trial the 17 defense withdraws that motion. Formally I would withdraw that 18 motion, and as far as pleas, Your Honor, the accused pleads as 19 follows: 20GTo Specification 1, 2 and 3, of
21GCharge I the accused pleads: Not Guilty.
22GTo Charge I: Not Guilty.
23
24GTo The Specification and
25GCharge II the accused pleads: Guilty.

15

3L-1 ig
1GMJ: Thank you, you may be seated. 2 [The accused and his counsel did as directed.] 3GMJ: All right, we should note for the record that all parties 4 present at the last session are again present in court with the 5 exception of Lieutenant Colonel MPwho was the military judge at 6 the prior hearing and gariMpliirathe court reporter. Instead we 7 have Mr...1W present as the court reporter who's previously been 8 sworn, and I'm ColonelGas military judge. I am not 9 aware of any matter, which might be a ground for challenge against
10 me. Does either side desire to question or challenge me?

/
11 TC: No, Ma'am. G
12 DC: No, Ma'am.
G

13 MJ: All right, Lieutenant Niles, your counsel has entered a
14 plea of guilty for you to one of the charges and its specification.
15 Your plea of guilty will not be accepted unless you understand its
16 meaning and effect. I'm going to discuss with you your plea of
17 guilty. You may wish to consult with your defense counsel prior to
18 answering any of my questions. If at anytime you have questions,
19 feel free to ask them. If at anytime you need to consult with
20 Captain glow you tell me and I'll let you do that.
21GDo you understand?
22GACC: Yes, Ma'am.

16

3c-H9
DOD 002128
fi
1GMJ: Now a plea of guilty is equivalent to a conviction and is
2 the strongest form of proof known to the law. On your plea alone and
3 without receiving any evidence, this court can find you guilty of the
4 offense to which you pled guilty. Your plea will not be accepted
5 unless you realize that by your plea you admit every act or omission
6 and the element of the offenses [sic] to which you have pled guilty
7 and that you are pleading guilty because you actually are, in fact,
8guilty. If you do notGyou are guilty, then you should
9 not for any reason plead guilty.

/
10 Do you understand what I've said so far? /
11 ACC: Yes, Ma'am. G
12 MJ: By your plea of guilty, you give up three important rights,
13 but you give up these rights only as. to that offense to which you've
14 pled guilty:
15GFirst, the right against self-incrimination, that is, the
16 right to say nothing at all;
17GSecond, the right to a trial of the facts by this court,
18 that is, your right to have this court-martial decide whether or not
19 you are guilty based upon the evidence the prosecution would present
20 and on alriimilidence you may introduce;
21GThird, the right to be confronted by and to cross-examine
22 any witness called against you.
23GDo you have any questions about any of those rights?

17

003420
1GACC: No, Ma'am.
2GMJ: Do you understand that by pleading guilty, you no longer
3 have these rights?
4GACC: Yes, Ma'am.
5GMJ: If you continue with your guilty plea, you will be placed
6 under oath, and I will question you to determine whether you are, in
7 fact, guilty. Anything you tell me may be used against you in the
8 sentencing portion of the trial.
9GDo you understand that?

10GACC: Yes, Ma'am.
11GMJ: If you tell me anything that is untrue, your statements may
12 be used against you later for charges of perjury or making false
13 statements.
14GDo you understand that?
15GACC: Yes, Ma'am.
16GMJ: At this time, I want you to stand and face trial counsel,
17 and Trial Counsel, will you please place the accused under oath.
18G

[The accused was sworn.]
19GMJ: Now do we have a stipulation of fact?
20GTC: Yes, Your Honor. It's been previously marked.
21 [The CR handed PE 1 for ID to the MJ.]
22G [END OF PAGE]

G

18 03 421
1GMJ: All right, Lieutenant, I have a stipulation of fact, which
2 has been marked as Prosecution Exhibit 1 for identification, in front
3 of me. Do you have a copy of that in front of you?
4GACC: Yes, Ma'am.
5GMJ: I'd like you to take a look at the second page. Is that
6 your signature on the page?
7GACC: Yes, Ma'am.
8GMJ: Did you read this document thoroughly before you signed it?
9GACC: Yes, Ma'am.

10GMJ: Do both counsel agree to the stipulation and that your
11 signatures appear on the document?
12GTC: Yes, Ma'am.
13GDC: Yes, Your Honor.
14GMJ: Now, Lieutenant Niles, a stipulation of fact is an
15 agreement among the trial counsel, your defense counsel, and you that
16 the contents of the stipulation are true, and if entered into
17 evidence, are the uncontradicted facts in this case. No one can be
18 forced to enter into a stipulation, so you should enter into it only
19 if you truly want to do so.
20GDo you understand this?
21GACC: Yes, Ma'am.
22GMJ: Are you voluntarily entering into this stipulation because
23 you believe it is in your best interest to do so?

19G

3Liaa
/

1GACC: Yes, Ma'am.
2GMJ: Now if I admit this stipulation into evidence, it will be
3 used in two ways:
4GFirst, I will use it to determine if you are, in fact,
5 guilty of the offense to which you pled guilty;
6GSecond, the trial counsel may read it to the court members
7 and they will have it with them when they decide upon your sentence.
8GDo you understand and agree to these uses of the
9 stipulation?

/
10 ACC: Yes, Ma'am. /
11 MJ: Do both counsel also agree? G
12 TC: Yes, Ma'am.
G

13 DC: Yes, Your Honor.
G

14 MJ: Now, Lieutenant Niles, a stipulation of fact ordinarily
15 cannot be contradicted. If it should be contradicted after I've
16 accepted your guilty plea, I will reopen this inquiry. You should,
17 therefore, let me know if there's anything whatsoever you disagree
18 with or feel is untrue.
19GDo you understand that?
20GACC: Yes, Ma'am.
21GMJ: At this time, I want you to read your copy of the
22 stipulation silently to yourself as I read it to myself. When you're
23 finished reading it, please look up at me.

20

1GACC: Yes, Ma'am.
2 [The MJ and ACC read PE 1 for ID.]
3G

[Long pause.]

4GMJ: Lieutenant Niles, have you finished reading it?
5GACC: Yes, Ma'am.
6GMJ: Is everything in that stipulation true?
7GACC: Yes, Ma'am.
8GMJ: Is there anything in the stipulation that you do not wish

9 to admit is true?
10GACC: No, Ma'am.
11GMJ: Do you agree, under oath, that the matters contained in the
12 stipulation are true and correct to the best of your knowledge and
13 belief?
14GACC: Yes, Ma'am.
15GMJ: Defense Counsel, do you have any objections to Prosecution
16 Exhibit 1 for identification?
17GDC: No objection, Your Honor.
18GMJ: All right, then, Prosecution Exhibit 1 for identification
19 is admitted into evidence subject to my acceptance of the accused's

20 guilty plea.

21GNow, Lieutenant Niles, I'm going to explain the elements of
22 the offense to which you've pled guilty. By "elements", I mean those
23 facts, which the prosecution would have to prove beyond a reasonable

21

3yay

/
1 doubt before you could be found guilty if you had pled not guilty.

2 When I state each element, ask yourself two things:
G

3 First, is the element true; and
G

4 Second, UtiArther you wish to admit that it's true.
G

5 After I list the elements for you, be prepared to talk to
6 me about the facts regarding the offense.
7GFirst of all, though, I'd like to get a little background
8 on you. When did you first come into the service?
9GACC: November 2000--2001, no 2000, correction.

10GMJ: All right, do you remember the day?
11GACC: No, 1 just remember that it was November 2000 when I left
12 or arrived at Fort Benning for basic training.
13GMJ: Okay let's see the stipulation says 7 November 2000.
14GACC: That would be correct, Your Honor.
15GMJ: Okay.
16GDC: The initial----
17GMJ: Captaining,/
18GDC: I'm sorry. The initial date on the charge sheet is May--10
19 May 2001, that reflects his commissioning date.
20GMJ: All right.
21/DC: Because he enliSted and went to OCS. That time does not
22 reflect on the charge sheet.

/ 033425
22
1GMJ: Since 7 November 2000 and today, have you been continuously
2 on active duty?
3GACC: Yes, Ma'am.
4GMJ: Have you had any breaks in service at all?
5GACC: Negative, Ma'am.
6GMJ: All right. When did you come to Germany?
7GACC: October of 2001. I believe it was October 5th.

G

8 MJ: And what unit were you assigned to when you got here?
G

9 ACC: 615th Military Police Company.

/
10 MJ: Is that the unit you're assigned to today? /
11 ACC: Yes, Ma'am. G
12 MJ: All right. All right, I want you to take a look at The 13 Specification of Charge II. There you are charged with the offense 14 of conduct unbecoming an officer due to cruelty and maltreatment of 15 prisoners and that would be a violation of Article 133 of the Uniform 16 Code of Military Justice. The elements of that offense are: 17GOne, that Imilligimmip unignimmip and NI. 18 1111111111rwere subject to your orders; 19GTwo, that on or about 30 July 2003, at or near Al Taji 20 Police Station, Baghdad, Iraq, you maltreated 11.11111.11111111M 21 111111111.111 andGby striking and kicking them; and 22GThree, that under the circumstances, your conduct was 23 unbecoming an officer and a gentleman.
G

23

3426
1GSubject to the orders of includes persons under the direct
2 or immediate command of the accused. Cruel and maltreatment refers
3 to treatment that when viewed objectively under all the circumstances
4 is abusive or otherwise unwarranted, unjustified, and unnecessary for
5 any lawful purpose and that results in physical or mental harm or
6 suffering or reasonably could have causea-Physical or mental harm or
7 suffering. Assault or improper punishment may constitute this
8 offense.
9G"Conduct unbecoming an officer and a gentleman" means

10 behavior in an official capacity, which in dishonoring or disgracing
11 the individual as a commissioned officer. "Unbecoming conduct" means
12 misbehavior more serious than slight and of a material and pronounced
13 character. It means conduct morally unfitting and unworthy rather
14 than merely inappropriate or unsuitable misbehavior, which is more
15 than opposed to good taste or propriety.
16GNow do you understand the elements and definitions as I've

17 read them to you?
18GACC: Yes, Ma'am.
19GMJ: Do you have any questions about any of them?
20GACC: No, Ma'am.
21GMJ: Do you understand that your plea of guilty admits that
22 these elements accurately describe what you did?
23GACC: Yes, Ma'am.

24

U
4 2 7
/

1G

MJ: Do you believe and admit that the elements and definitions
2 taken together correctly describe what you did?
3GACC: Yes, Ma'am.
4GMJ: In your own words, I'd like you to tell me why you're
5 guilty of this offense.
6GACC: Ma'am, I'm guilty of this offense because I did behave in a
7 manner unbecoming an officer. I did strike these personnel.
8GMJ: Well I need you to tell me a little bit more. First of all
9 this was on 30 July 2003?

/
10 ACC: Yes, Ma'am. /
11 MJ: Where were you? G
12 ACC: At the 11111111Police Station in Baghdad, Iraq.
G

13 MJ: Okay and what was your position at that time?
G

14 ACC: At that time, I was the platoon leader for 1st Platoon.
G

15 MJ: And what was your position with regard to any of the
16 prisoners there?
17GACC: At that time, I was the supervisor for both the soldiers
18 and the police station.

19GMJ: And so what were your duties as they applied to any of the
20 prisoners at the police station?
21GACC: The duties there were to provide oversight for prisoners in
22 the police station provide them with security, clothing, and food.
23G

MJ: Okay and who were the three individuals that I named? 25 G c 33 42s
1GACC: I believe they were personnel arrested by the Iraqi police
2 and placed into the detention cell there.
3GMJ: Well do you have any reason to think that those weren't
4 prisoners at theGPolice Station on 30 July 2003?
5GACC: Can you repeat that, Ma'am?
6GMJ: Do you have any reason to think that those three named
7 individuals were not prisoners at theGPolice Station on 30
8 July 2003?
9GACC: No, Ma'am. At the time, I didn't know their names, if

10 that's what you're asking.
11GMJ: All right. Have you since seen information that told you

•
12 what their names were?

13GACC: Just in the statements given by the soldiers in the charge
14 sheet.
15GMJ: Okay do you have any reason to doubt that those are the
16 names of the men who were prisoners atGPolice Station on that
17 day?
18GACC: No, Sir [sic], if my soldiers say they were the men, they

19 were the men.
20GMJ: All right, now what was your contact with each of those
21 individuals? First of all, let's talk about what happened to gm"
22Gand you can refer to the stipulation of fact if you wish,

26

/

1 but I want you to tell me what exactly you did, if anything, to that
2 individual, and I assume that's a man.
3GACC: Ma'am, as stated in the statements given by the soldiers in
4 the charge sheet, that's the gentleman that I struck in the D-Cell.

G

5 MJ: Okay tell me how you struck him.
G

6 ACC: With a closed fist, I believe I hit him in the stomach.

O
7 MJ: Why?
G

8 ACC: That's a question I've been asking myself for the last year
9 and a half. Out of anger, Ma'am.

/
10 MJ: Okay had he attacked you? /
11 ACC: No, Ma'am. G
12 MJ: So there was--you weren't defending yourself?
G

13 ACC: No, Ma'am.
G

14 MJ: Were you defending another soldier?
G

15 ACC: No, Ma'am.
16GMJ: As to 100111111111, tell me: hat happened with him.
17GACC: Once again, Ma'am, I struck him with a closed fist in the
18 stomach.
19GMJ: And tell me why.
20GACC: It would be the same as before, Ma'am, I believe out of
21 anger.
22GMJ: All right. Had he attacked you?
23GACC: No, Ma'am.

27

/
1 MJ: Had he given you any sense that he was going to attack you? G
2 ACC: No, Ma'am.
G

3 MJ: Had he attacked any of your soldiers?
G

4 ACC: No, Ma'am.
G

5 MJ: Had he attacked another prisoner?
G

6 ACC: I don't know that, Ma'am.
G

7 MJ: Okay, but I mean to your knowledge---
G

8 ACC: To my knowledge----

9GMJ: ----had he attacked another prisoner? 10GACC: ----no, I received no reports on that. 11GMJ: Okay. Would that be true of the first gentlemanaM 12 In. 13GACC: To my knowledge, I received no reports that he attacked
14 anyone.
15GMJ: All right. How about
16GACC: That's the gentleman that I struck by kicking him, Ma'am.
17GMJ: And where did you kick him?
18GACC: In the shoulder.
19GMJ: And why did you kick him in the shoulder that day?
20GACC: Out of anger, Ma'am.
21GMJ: Again, had he attacked you?
22GACC: No, Ma'am.
23GMJ: Had he sought to attack you?

G

28 03 431
1GACC: No, Ma'am.

2 GMJ: To your knowledge, had he attacked any of your soldiers?
G

3 ACC: No, Ma'am.
G

4 MJ: Had he tried to?
G

5 ACC: No, Ma'am.
G

6 MJ: Had he tried to attack any other prisoner?
G

7 ACC: I received no reports of that, Ma'am.
G

8 MJ: Okay. To your knowledge had he tried to attack any other
9 prisoner?

10GACC: No, Ma'am.
11GMJ: Now as an MP officer, do you receive training as to how to
12 deal with prisoners or detainees?
13GACC: Yes, Ma'am.

14GMJ: Is striking them with a closed fist in either the stomach
15 or kicking them in the shoulder, is that----
16GACC: No, Ma'am, that is not part of the training.
17GMJ: Okay, so that's not appropriatd behavior for an MP officer
18 when dealing with prisoners?
19GACC: No, Ma'am.

20GMJ: Now you're charged with doing these things and that these
21 things amounted to conduct unbecoming an officer and a gentleman. Do
22 you remember the definition I gave you of conduct unbecoming an
23 officer and a gentleman?

29

C 33432
/
1GACC: I believe so, Ma'am.
2GMJ: Okay tell me why this conduct was conduct unbecoming an
3 officer and a gentleman.
4GACC: As stated, Ma'am, it's because it disgraces the individual,
5 um, it disgraced the individual personally, distracted from the
6 conduct of my fellow--of my soldiers at the time, and it's conduct
7 morally unfitting or worthy and it's inappropriate and unsuitable.
8GMJ: Okay. Did these actions by you with respect to any of the
9 prisoners, were there other United States soldiers present when you

10 did this?

/
11 ACC: Yes, Ma'am. G
12 MJ: Were they your subordinates?
G

13 ACC: Yes, Ma'am. •
G

14 MJ: So was this appropriate behavior by you in front of
15 subordinates?
16GACC: No, Ma'am.
17GMJ: How do you think that that made your subordinates feel
18 about you in particular as an officer?
19GACC: [No response.]
20GMJ: At least your behavior that day.
21GACC: I believe they felt I was a disgrace.
22G (END OF PAGE]
23

30 GC 33433
1 MJ: If members of the public, either American or Iraqi, learned
2 of your behavior that day, how do you think they'd feel about an
3 officer in the United States Army behaving that way?
4 ACC: The same.
5 MJ: In your mind, did you have any legitimate reason for
6 striking any of these individuals?
7 ACC: No, Ma'am.
8 MJ: I'm sorry,Gsay again.
9 ACC: No, Ma'am.
10 MJ: I think you said earlier that you were angry.GIs that
11 right?
12 ACC: Yes, Ma'am.
13 MJ: Can you tell me why you were angry?
14 ACC: Um,Gjust--just the events, Ma'am,Gjust----
15 MJ: Tell me what the events were.
16 ACC: Just--I'd received reports that they attempted to break out
17 of the detention cell.
18 MJ: Go ahead.
19 ACC: I received reports that they attempted to break out of the
20 detention cell.
21 MJ: Had you gotten those reports that day?
22 ACC: No, Ma'am.
23 MJ: When did you get them?
31
033434
DOD 002143

1.GACC: The night before.
2GMJ: Okay, and did you have some reason to think that any of
3 these three individuals had anything to do with that?
4GACC: Um, I believe that I was told that these were the three

5 that attempted to break out.

6GMJ: Okay. Did that have anything to do with why you struck any
7 of them?
8GACC: Ma'am, all I can say is that I was angry. Just the fact

9 that they tried to break out it----
10G

[Long pause.]
11GMJ: Since you were the platoon leader and supervisor for the
12 police station, were you responsible for the health and safety of any

13 detainees or prisoners that were held there?
14GACC: Yes, Ma'am.
15GMJ: How many folks could the police station hold as far as

16 prisoners or detainees?
17GACC: Ah, we tried to keep a minimum, if I recall, we tried to
18 keep it under 20. We were under orders to maybe the second or third
19 day try to empty out our D-Cells by sending them to a higher
20 detention facility by doing the paperwork. Sometimes that did not
21 occur because you know of transportation or logistics means, so I
22 mean we tried to keep the number fairly low for their safety and our
23 safety, Ma'am.
32

CO3435
1G

MJ: Okay is it fair to say, then, that you were a short-term

2 holding facility?

3 ACC: Yes, Ma'am.

4 MJ: Okay. All right do you admit that 11111011111111., NUM

5 111111111116, and .
subject to your orders?
6G

ACC: They were subject to my care. I didn't give them orders,
7 Ma'am. I gave my soldiers orders for the care and the treatment of
8 them.
9G

MJ: Well were they under your jurisdiction?
10G

ACC: Yes, Ma'am.
11G

MJ: If you walked into their cell and told them to do
12 something, did you expect that they would do it?
13G

ACC: Yes, Ma'am.
14G

MJ: So were they subject to your orders?
15G

ACC: Yes, Ma'am.
16G

MJ: All right. Do you admit that on or about 30 July 2003, at
17 or near 11111111 Police Station in Baghdad, Iraq, you maltreated

18 0111111111110, .1111 11111111101 and 1111111.111111011111 by
19 striking and kicking them?
20G

ACC: Yes, Ma'am.
21G

MJ: Do you admit that under the circumstances, your conduct was
22 unbecoming an officer and a gentleman?
23G

ACC: Yes, Ma'am.

33 GG33436
/

1GMJ: Does either counsel believe that any further inquiry is

2 required?
G

3 TC: No, Ma'am.
G

4 DC: No, Ma'am.
G

5 MJ: Trial Counsel, what do you calculate to be the maximum
6 punishment authorized in this case based solely on the accused's
7 guilty plea?
8GTC: Your Honor, a dismissal, 1-year confinement, total
9 forfeiture, and a fine.

/
10 MJ: Defense? /
11 DC: Defense agrees, Your Honor. G
12 MJ: All right. Lieutenant Niles, the maximum punishment
13 authorized in this case based solely on your guilty plea is dismissal
14 from the service, total forfeitures, confinement for 12 months, and a
15 fine may also be adjudged. On your plea of guilty alone, this court
16 could sentence you to the maximum punishment, which I've just stated.
17 Do you understand this?
18GACC: Yes, Ma'am.
19GMJ: Do you have any questions as to the sentence that could be
20 imposed as a result of your guilty plea?
21GACC: No, Ma'am.
22GMJ: Do we have a pretrial agreement in this case?

34

-
3`--7
/3
DOD 002146
1GTC: Yes, Ma'am, it's been given to the court reporter and has
2 been previously marked.
3 [The CR handed AE I to the MJ.]
4GMJ: All right. Lieutenant Niles, do you have a copy of your
5 plea agreement in front of you?
6GACC: Yes, Ma'am.
7GMJ: All right, that's been marked as Appellate Exhibit I, and
8 that includes both the offer portion and the quantum portion of your
9 plea agreement. Now I want you to look at each of these, that would

10 be page two of the quantum portion and page one of the quantum, I'm
11 sorry, page two of the offer.
12GDid you sign each of these documents?
13GACC: Yes, Ma'am.
14GMJ: Did you read them thoroughly before you signed them?
15GACC: Yes, Ma'am.
16GMJ: Do you understand the contents of your pretrial agreement?
17GACC: Yes, Ma'am.
18GMJ: Now Lieutenant Niles, did anyone force you in anyway to
19 enter into this agreement?
20GACC: No, Ma'am.
21GMJ: Does this agreement contain all of the understandings or
22 agreements that you have in this case?
23GACC: Yes, Ma'am.

35

1GMJ: Has anyone made any promises to you that are not written
2 into this agreement in an attempt to get you to plead guilty?
3GACC: No, Ma'am.
4GMJ: Counsel, is Appellate Exhibit I the full and complete
5 agreement in this case, and are you satisfied that there are no other
6 agreements?
7GTC: Yes, Ma'am.
8GDC: Yes, Your Honor.
9GMJ: Now Lieutenant Niles, basically a pretrial agreement means

10 that you agree to plead guilty, and in return, the convening
11 authority agrees to take some favorable action in your case usually
12 in the form of a limitation on your sentence.
13GDo you understand that?
14GACC: Yes, Ma'am.
15GMJ: Now the law requires that I discuss the conditions of your
16 agreement with you, so let's look at the offer portion, that is, the
17 first two pages.
18GNow paragraph la says first of all that you've gotten the
19 benefit and advice of your defense counsel and you've--you know that
20 you have a legal and a moral right to plead not guilty, but that you
21 offer to plead gutl-ty to the specifications of Charge I and Charge I,
22 Not Guilty, and to The Specification of Charge II and Charge II,
23 Guilty, and you've done that.

36

3 'I 3
1GDo you have any questions about your agreement as it
2 concerns how you're going to plead?
3GACC: No questions, Ma'am.
4GMJ: Okay. In lb, you've agreed to enter into a written
5 stipulation of fact with the trial counsel as to the circumstances of
6 the offenses to which you're pleading guilty, and you've done that as
7 well.

G

8 Do you have any questions at all about what the stipulation

9 means or your agreement to enter into it?
10GACC: No, Ma'am.
11GMJ: lc says, you waive the right to request personal appearance
12 of overseas witnesses to testify on your behalf at trial. Now first
13 of all, did you understand that you could have asked the convening
14 authority, that is, the government to produce witnesses at this trial
15 for you today?
16GACC: Yes, Ma'am.
17GMJ: And if the convening authority had said no, that you could
18 have then come to the Court, and if the Court had found that the
19 witnesses were relevant and material and necessary, the Court could
20 have said those witnesses should be here.
21GDid you understand that?
22GACC: Yes, Ma'am.

37

1GMJ: And absent this agreement, you didn't have to give up that
2 right.
3GACC: Understood, Ma'am.
4GMJ: Now are there actually any witnesses that you wanted here
5 today that aren't going to be here today because of this provision?
6GACC: No, Ma'am.
7GMJ: Okay. Did you also know that there are other ways to get
8 witness information in front of the court, for example, by telephone
9 or by what we call stipulations of expected testimony or just

10 letters?
11GACC: Yes, Ma'am.
12GMJ: Are you satisfied that whatever means you and Captain
13Ghave chosen that will get the appropriate information in front
14 of the panel for them to make an appropriate decision as to your

15 sentence?
16GACC: Yes, Ma'am.
17GMJ: Now in ld, you waive the right to make a motion to dismiss
18 all the charges for a violation of Rule for Court-Martial 707, that
19 is, the speedy trial act and withdraw that motion, which was filed on
20 9 June 2004. Now first of all; again, absent this agreement, you're
21 entitled to file any kind of motions you want to file.
22GDo you understand that?
23GACC: Yes, Ma'am.

38 G063441
1GMJ: Some of the motions you gave up automatically when you
2 didn't make them prior to entering your plea of guilty. Do you
3 remember me saying that?
4GACC: Yes, Ma'am.
5GMJ: Okay, some motions, however, such as motions to dismiss for
6 lack of jurisdiction or failure to state an offense, can never be
7 given up.
8GDo you understand that this term of your pretrial agreement
9 means that you give up the right to make this particular motion, that

10 is, the one for speedy trial when you pled guilty?
11GACC: Yes, Ma'am.
12GMJ: In particular, do you understand that this term of your
13 pretrial agreement precludes-this court, or any appellate court, from
14 having the opportunity to determine if you're entitled to any relief
15 based upon this particular motion?
16GACC: Yes, Ma'am.
17GMJ: Now when you elected to give up the right to litigate this
18 motion, did your defense counsel explain this term of your pretrial
19 agreement and the consequences to you?
20GACC: Yes, Ma'am.
21GMJ: Did anyone force you to enter into this term of your
22 pretrial agreement?
23GACC: No, Ma'am.

39/ C 33442
1GMJ: Captain 4111111111.which side originated the waiver of this
2 motion provision?
3GDC: I--Your Honor, it was part of discussions with the
4 government. Honestly, I truthfully cannot recall which side
5 mentioned it first as far as the waiver goes.
6GMJ: All right.
7GTC: I concur on that, Your Honor. We had discussed the issue
8 for weeks prior to that. I'm not sure which one actually brought it
9 up first, Your Honor.

10GMJ: All right. Lieutenant Niles, do you freely and voluntarily
11 agree to this term of your pretrial agreement in order to receive
12 what you believe to be a beneficial pretrial agreement?
13GACC: Yes, Ma'am.
14GMJ: Captain what do you believe to be the factual basis

G
15 of the motion covered by this term of the pretrial agreement?
16GDC: Yes, Your Honor, as the motion that was previously filed
17 indicated, the passage of time from the original preferral of
18 charges, my evaluation of my research has indicated, however, that
19 there were some significant defense delays that accounted for many of
20 those days, which subtracting those days brought the clock to less
21 than 120 days.
22GMJ: So are you, in effect, telling me that you no longer think
23 that there was a legitimate basis for a speedy trial motion?

40G C 33443
1GDC: Yes, Your Honor. I believe it would not have been a
2 frivolous motion, but I believe that our chances of prevailing, as I
3 have explained to Lieutenant Niles, were very, very minor.
4GMJ: All right.
5GDC: Based on the research and the facts that I have been able
6 to collect.
7GMJ: All right, Lieutenant Niles, do you understand that if this
8 motion were made and granted by me then a possible ruling could have
9 been that all the charges against you would have been dismissed, and

10 did you discuss that with Captain ...I?
11GACC: Yes, Ma'am.
12GMJ: Now knowing what your defense counsel and I've told you, do
13 you want to give up making this motion in order to get the benefit of
14 your pretrial agreement?
15GACC: Yes, Ma'am.
16GAll right, do you have any questions about this particular

MJ:
17 provision of your pretrial agreement?
18GACC: No, Ma'am.
19GMJ: Now paragraph 2 says in exchange for what we've just talked
20 about, the things that are covered in paragraph 1, the convening
21 authority will take the actions specified in the enclosure, that is,
22 the quantum portion.

41

1GParagraph 3 says the offer to plead guilty will not be
2 affected if the military judge amends any specification or charge
3 based upon a motion of the defense, the government, or sua sponte by
4 the military judge. That means if for some reason I modify any of
5 the specifications, this agreement between you and the convening
6 authority is still good.
7GDo you understand that'?.
8GACC: Yes, Ma'am.
9GMJ: Do you have any questions?

10GACC: No, Ma'am.
11GMJ: Paragraph 4 says that there are no promises, conditions, or
12 understandings regarding your proposed plea of guilty that are not
13 contained within these three pages, that is, the offer portion and
14 the quantum portion.
15GAny questions?
16GACC: No, Ma'am.
17GMJ: Paragraph 5 says you're satisfied with the advice that
18 you've gotten from your defense counsel, that he's advised you of the
19 meaning and effect of your guilty plea, and you fully understand that
20 meaning and effect.
21GNow we've also talked about the meaning and effect of your
22 guilty plea. Do you have any questions at all?
23GACC: No, Ma'am.

42

C33445
1GMJ: Paragraph 6 says you understand that you may request to
2 withdraw your plea of guilty at any time before it's accepted, but if
3 you do, this agreement's cancelled. This agreement may also be
4 cancelled if:
5GA) You fail to plead guilty;
6GB) You fail to arrive at an agreement with the government
7 on the contents of the stipulation of fact or if that stipulation
8 were modified without your consent; or
9GC) The military judge either refused to accept your guilty

10 plea or changed your guilty plea at some point during the trial.
11GNow none of those things has happened, but if any one of
12 them were to happen, this agreement would be cancelled. It would be
13 gone.
14GDo you understand that?
15GACC: Yes, Ma'am.
16GMJ: Do you have any questions about any of it?
17GACC: No, Ma'am.
18GMJ: And paragraph 7 says if before or during trial any
19 specification is amended, consolidated, or dismissed with your
20 consent, this agreement will remain in effect.
21GAny questions about that?
22GACC: No, Ma'am.

43 GC 3 446
1GMJ: All right. Now the last page of Appellate Exhibit I is the
2 quantum portion of your pretrial agreement, and it states that the
3 convening authority agrees to disapprove any confinement adjudged in
4 excess of 45 days, but he may approve any other lawful punishment.
5GIs that a correct statement of what you and the convening
6 authority agreed to?
7GACC: Yes, Ma'am.
8GMJ: Now, Lieutenant Niles, you get the benefit of whichever is
9 less each element of the sentence of the court or that contained in

10 your pretrial agreement. If the sentence adjudged by this court is
11 greater than the one provided in the pretrial agreement, the
12 convening authority must reduce the sentence to one no more severe
13 than the one in your pretrial agreement. On the other hand, if the
14 sentence of this court is less than the one in your agreement, the
15 convening authority cannot increase the sentence that he adjudges
16G

[sic].
17GDo you understand that?
18GACC: Yes, Ma'am.G

OIF
19GMJ: Now if your ETS date arrives while you are servWng
20 confinement as part of your sentence, then all of your military pay
21 and allowances will stop on your ETS date. Do you understand that?
22GACC: Yes, Ma'am.

44

"Y—{c1-7

1GMJ: I'm not sure that that actually would apply here given the
2 quantum provision, but I just wanted to make sure you're aware of
3 that. All right?
4GACC: Yes, Ma'am.
5GMJ: Now, Lieutenant Niles, have you had enough time to discuss
6 this agreement with your defense counsel?
7GACC: Yes, Ma'am.
8GMJ: Are you satisfied with your defense counsel's advice
9 concerning this pretrial agreement?

10GACC: Yes, Ma'am.
11GMJ: Did you enter into the agreement of your own free will?
12GACC: Yes, Ma'am.
13GMJ: Has anyone tried to force you to make this pretrial
14 agreement?
15GACC: No, Ma'am.
16GMJ: Do you have any questions about your pretrial agreement?
17GACC: No, Ma'am.
18GMJ: Do you fully understand all the terms of the pretrial
19 agreement and how they affect your case?
20GACC: Yes, Ma'am.
21GMJ: Lieutenant Niles, are you pleading guilty not only because
22 you hope to receive a lighter sentence, but because you are convinced
23 that you are, in fact, guilty?

45

1GACC: Yes, Ma'am.
2GMJ: Do counsel for both sides agree with the Court's
3 interpretation of the pretrial agreement?
4GTC: Yes, Ma'am.
5GDC: Yes, Your Honor.
6GMJ: Defense Counsel, have you had enough time and opportunity
7 to discuss this case with Lieutenant Niles?
8GDC: I have, Your Honor.
9GMJ: And Lieutenant Niles, have you had enough time and

10 opportunity to discuss this case with your defense counsel?
11GACC: Yes, Ma'am.
12GMJ: Have you, in fact, consulted fully with your defense
13 counsel and received the full benefit of his advice?
14GACC: Yes, Ma'am.
15GMJ: Are you satisfied that your defense counsel's advice is in
16 your best interest?
17GACC: Yes, Ma'am.
18GMJ: And are you satisfied with your defense counsel?
19GACC: Yes, Ma'am.
20GMJ: Are you pleading guilty voluntarily and of your own free
21 will?
22GACC: Yes, Ma'am.

46

1GMJ: Has anyone made any threat or tried in anyway to force you
2 to plead guilty?
3GACC: No, Ma'am.
4GMJ: Do you have any questions as to the meaning and effect of a
5 plea of guilty?
6GACC: No, Ma'am.
7GMJ: Do you fully understand the meaning and effect of your plea
8 of guilty?
9GACC: Yes, Ma'am.

10GMJ: Do you understand that even though you believe you are

11 guilty, you have the legal and moral right to plead not guilty and to

12 place upon the government of proving [sic] your guilt beyond a

13 reasonable doubt?

14GACC: Yes, Ma'am.

15GMJ: I want you to take a moment now and consult with your

16 defense counsel and then tell me whether you still want to plead
17 guilty.
18 [The accused did as directed.]
19GACC: Yes, Ma'am.

20GMJ: So you still want to plead guilty?
21GACC: Yes, Ma'am.

22GMJ: All right. Lieutenant Niles, I find that your plea of
23 guilty is made voluntarily and will full knowledge of its meaning and

47

'fiSO
DOD 002159
1 effect. I further find that you have knowingly, intelligently, and
2 consciously waived your rights against self-incrimination, to a trial
3 of the facts by a court-martial, and to be confronted by the
4 witnesses against you. Accordingly, your plea of guilty is provident
5 and is accepted. However, .1 advise you that you may request to
6 withdraw your guilty plea at anytime before the sentence is
7 announced, and if you have a good reason for your request, I will
8 grant it.
9GWill the accused and counsel please rise.

10 [The accused and his counsel did as directed.]
11GMil: Lieutenant Niles, in accordance with your plea of guilty,

12 this court finds you:
13GOf Specification 1 of Charge I: 14GOf Specification 2 of Charge I: 15GOf Specification 3 of Charge I: 16GOf Charge I: 17 Not Guilty. Not Guilty. Not Guilty. Not Guilty.
18GOf The Specification of Charge II: 19GOf Charge II: Guilty. Guilty.
20GYou may be seated.

21 [The accused and his counsel did as directed.]
22GMJ: Now Lieutenant Niles, we enter into the sentencing phase of
23 the trial where you have the right to present matters in extenuation
24 and mitigation, that is, matters about the offense or yourself, which
25 you want the court to consider in deciding your sentence. In
26 addition to the testimony of witnesses and the offering of

48

1 documentary evidence, you may yourself testify under oath as to these
2 matters, or you may remain silent in which case, the court members
3 may not draw any adverse inference from your silence.
4GOn the other hand, if you desire, you may make an unsworn
5 statement. Because the statement is unsworn, you cannot be cross-
6 examined on it. However, the government may offer evidence to rebut
7 any statement of fact contained in any unsworn statement. An unsworn
8 statement may be made orally, in writing, or both. It may be made by
9 you, by your counsel on your behalf, or by both.

10GDo you understand these rights?
11GACC: Yes, Ma'am. 4"ilk-
12GMJ: Now counsel, is the personal data on the front page of the
13 charge sheet correct?
14GDC: Your Honor, the only issue is with the pay. These charges
15 were preferred before the first of the year. Since----
16GMJ: All right. What's the pay?
17GDC: The pay, Ma'am, the basic pay is $3,421.50.
18GMJ: All right.
19GDC: And there is noIWOn6er any sea or foreign pay because he's
20 been redeployed back to Germany.
21GMJ: Okay, it would appear to me, at least the copy that I have,
22 that those changes were made.

23GDC: Okay, Ma'am.

49 GG 3 3 45 2
1GMJ: Have they been made on the original?
2GTC: They should have been, Your Honor, yes.
3GMJ: All right. Is there anything else that needs to be
4 corrected on the front page of the charge sheet?
5GDC: Yes, Your Honor. The only other issue is with the term in
6 block 6bravo. Lieutenant Niles--his service obligation after OCS was
7 3 years not 4 years; however, when he arrived in Germany, he was
8 extended for several months so that he would have a 3 year term of
9 service from his arrival in Germany, so his ETS is in October of this

10 year 2004. So his original--his term of service is 3 years plus a
11 extension of about 4 months.
12GMJ: Okay, so 3 years 4 months, is----
13GYes, Your Honor.

DC:
14G----what you're saying?

MJ:
15GDC: Yes, Your Honor.
16GMJ: Okay why don't we change it so it reads 3 years 4 months,
17 so anything else?
18GDC: That's all the inaccuracies there, Your Honor.
19GMJ: Okay.
20GDC: Everything else is accurate.
21GTC: And that was, $3,421.50 for basic and total correct?
22GDC: That's correct.

50

SM
1GMJ: All right. Now Captain -has the accused been
2 punished in anyway prior to trial that would constitute illegal
3 pretrial punishment under Article 13?
4GDC: He has not, Your Honor.
5GMJ: Lieutenant Niles, have you spoken with Captain 411110011about
6 Article 13?
7GACC: Yes, Ma'am.
8GMJ: Do you understand what Article 13 prohibits?
9GACC: Yes, Ma'am.

10GMJ: Do agree that you've not been punished prior to trial in
11 violation of Article 13?
12GACC: Yes, Ma'am.
13GMJ: Has your freedom of movement been limited in anyway prior
14 to trial?
15GACC: No, Ma'am.
16GMJ: Have your pass privileges been withdrawn?
17GACC: No, Ma'am.

18GMJ: Have you been subject to any sort of sign in requirement?

19GACC: No, Ma'am.
20GMJ: Captain AMEMMOkare you aware of any limitations placed on
21 Lieutenant Niles' liberty that raise the issue of restriction
22 tantamount to confinement?

51

1GDC: No, Your Honor. One point before you ask the next question
2 is there was a call in requirement where he called in and checked in
3 with his unit, but that doesn't rise to the level of Article 13
4 violation.
5GMJ: All right.
6GDC: It was not a personal, physical requirement. It was a call
'7 in requirement.
8GMJ: Okay and when--when was that call in?
9GACC: Ever since I've redeployed back to the unit.

10GMJ: Okay and how often do you have to call in?
11GACC: Ah the previous commander required me to actually stop by
12 the company just to check in, and the current commander asks that I
13 call twice a week.
14GMJ: Okay twice a week?
15GACC: Yes, Ma'am.
16GMJ: All right, now have, Lieutenant Niles, have you spoken to
17G

CaptainGabout restriction tantamount to confinement?
18GACC: Yes, Ma'am.
19GMJ: Do you understand the concept of restriction tantamount to
20 confinement?
21GACC: Yes, Ma'am.
22GDo you believe that you've been restricted tantamount to

MJ:
23 confinement?
52

3 7' 5:5-
1GACC: No, Ma'am.
2GMJ: Now we've already discussed what the maximum punishment in
3 this case is, and that is, dismissal, total forfeitures, confinement

4 for 12 months, and a fine may also be adjudged. Looking at the
5 charge sheet, it does not appear that the accused has been in any
6 sort of pretrial confinement, and so I don't believe that any days of
7 pretrial confinement credit are due. Is that correct?
8GDC: I'm sorry, Your Honor. Yes, that is correct.
9GTC: Yes, Ma'am.

10GMJ: Has the sentence worksheet been marked as an appellate
11 exhibit?
12GTC: It should have been previously marked, Your Honor.

13 [The CR handed the flyer and sentence worksheet to the MJ.]
14GMJ: All right, the flyer has been marked as Appellate Exhibit
15 III. Have both counsel had an opportunity to review the flyer?
16GDC: Yes, Your Honor.
17GMJ:::,: ,objections?

18GDC: No objection to the flyer, Your Honor.
19GMJ: All right, the sentencing worksheet has been marked as
20 Appellate Exhibit IV. Again, have both counsel had an opportunity to
21 review that?
22GTC: Yes, Your Honor.
23GMJ: Any objections?

53 GC33456

1GDC: No objection, Your Honor, although I believe it may not
2 include the language about the fine, which you just read, the
3 possibility or the applicability of a fine.
4GMJ: Oh, you're right.
5GDC: We could add that on a recess before we mark it.
6GMJ: Well does either side believe that a fine is actually
7 appropriate in this case?
8GTC: The government----
9GDC: No, Your Honor. We certainly don't believe that a fine is

10 appropriate.
11GTC: The government does not, Your Honor.
12GMJ: All right, then, I will not instruct on a fine.
13GTC: Yes, Your Honor.
14GYour Honor, one point, if asked to read the maximum
15 sentence in front of the panel, should it just be dismissal, one year
16 of confinement, and don't mention the fine?
17GMJ: Correct.
18GTC: Yes, Your Honor.
19GMJ: All right, does either side have documentary evidence on
20 sentencing, which can be marked, if it hasn't been, and offered at
21 this time?
22 [The CR handed PE 2 and 3 for ID to the MJ.]
23

54GC 3457
1GTC: The government has previously marked the ORB and the OER
2 from the timeframe of the crime, and those two documents we wish to
3 be admitted.
4GMJ: Okay. Have you had an opportunity, Captain OM to
5 review these?
6GDC: Yes, Your Honor.

G

7 MJ: Any objections?
G

8 DC: No, Your Honor, not at all.
G

9 MJ: All right, so Exhibit 2, which is the ORB is admitted, and
10 Exhibit 3, which is an OER for the period 10 July 2003 through 30
11 March 2004, is also admitted.
12GDefense, do you have any?
13GDC: Your Honor, we have Defense Exhibit Alpha, which is a good.
14 soldier packet, essentially, divided in four sections. I believe the
15 court has been previously shown a copy of this during an 802 session.
16 [The CR handed DE A for ID to the MJ.]
17GMJ: All right, any objection?
18GTC: Your Honor, just previously based on our 802 sessions we
19 had with you, if witnesses testify in person or via phone, then I ask
20 that the letters would be cumulative regarding ColonelliIIIIInd .
21 some of the letters that may be attached in there.
22GDC: Yes, Your Honor, before you even respond, if I may, defense
23 will withdraw those letters assuming--the only witness who is going

55G yo4F 8
1 to present live testimony who has a statement in there is Lieutenant
2GHe will be a telephonic witness. If we make
3 contact and present the evidence, as we will seek to do, then we'll
4 withdraw those letters from the packet.
5GMJ: All right.
6GDC: Otherwise, no other letters in there come from a witness

7 who will be present.
8GMJ: All right, with that proviso, Captain M Gany
9 objection?
10GTC: No, Your Honor.

11GMJ: All right then Defense Exhibit A for identification is

12 admitted.
13GAre those all of the exhibits for sentencing?
14GDC: Yes, Your Honor, I may just--if I may one question just a
15 request that we just be allowed to substitute into the record a black
16 and white copy. There are some original colored photographs in that
17 book, and for the record we have made black and white copies that we

18 would ask just that those personal items--photos be--you know we be
19 able to get those back so the accused does not lose those.
20GMJ: I have no problem with you submitting copies, but I'd
21 prefer you get colored copies made.
22GDC: Yes, Ma'am, we can do that.

56 G0 3 3459

TT!
/

1GMJ: All right, but do you want a copy of the entire book made
2 of the exhibit? That's all right, you may do that, but anything
3 that's in there in color needs to be copied in color.
4GDC: Yes, Ma'am, and that's fine. We'll just copy the colored
5 photographs. My only concern is that the accused and his family get
6 those photographs back----
7GMJ: That's fine.
8GDC: ----because those are personal items.

G

9 MJ: Any objection, Government?

/
10 TC: No, Your Honor. /
11 MJ: Okay, no there's no problem doing that. Just make sure you
12 get colored copies----
13GDC: Thank you.
14GMJ: ----of the photos made.
15GDC: We'll provide those to
16GMJ: All right. Any other--anything else we need to do before
17 we call the members?
18GTC: No, Ma'am.
19GDC: Nothing from the defense, Your Honor.
20GMJ: Okay Bailiff, would you call the members, please.
21G

[The bailiff did as directed.]
22G

[The session recessed at 1058, 1 July 2004.]
23
57

1 [The court-martial was called to order at 1100, 1 July 2004, pursuant
2 to the orders previously inserted in the record and the following
3 orders: Court-Martial Convening Order Number 8 dated 23 June 2004,
4 Headquarters, 7th Army Training Command, APO Army Europe.]
5GMJ: You may be seated. Court is now called to order.
6GTC: The court is convened by Court-Martial Convening Order
7 Number 1, Headquarters, 7th Army Training Command dated 25 February
8 2004, copies of which have been furnished to each court member.
9GThe accused and the following persons detailed to this

10 court-martial are present.
11GCOLONEL MILITARY JUDGE;
12GCAPTAIA01111111111111110TRIAL COUNSEL;

LIEUTENANT 111111111111111 ASSISTANT TRIAL COUNSEL; 14GCAPTAIN DEFENSE COUNSEL; and the court 15 members who are: 16GCOLONEL'S...ft 17GCOLONEL'S...1M 18GLIEUTENANT
19GLIEUTENANT COLONEL 1111111111.1111110.
20GLIEUTENANT COLONEL 111111.11.11111; 21GLIEUTENANT COLONEL"... 22GLIEUTENANT COLONEL 23G
MAJOR 1111111111101

58

GCO34;61
I/j
/
1

MAJOR 0111111111111111111
2-mAJ°N1111111111ill
3-CAPTAIN
4/ CAPTAIN -ism. who are the court
5 members.

6 The following persons are absent and have been properly

excused:
8GMAJO
9

CAPTAI"11111111111110*;

10

11-CAPTAIN it and
12 CW41111111111111.11111P
13 The prosecution is ready to proceed with the trial in the
14 case of United States versus First Lieutenant Glenn A. Niles.
15 MJ: Thank you. The members of the court will now be sworn.

16 All persons in the courtroom please rise.
17 [All persons did as directed and the members were sworn.]
18 MJ: Please be seated.
19 [All persons did as directed.]
20

MJ: The court is now assembled.
21

Members of the court, it is appropriate that I give you
22 some preliminary instructions. My duty as military judge is to
23 ensure that this trial in conducted in a fair, orderly, and impartial

59
3i-/ 60,
DOD 002171
1 manner in accordanci,th-thEyeketw. I preside over open sessions,
2 rule upon objectiorom,an0 instruct you on the law applicable in this
3 case. You are requirs:k...4.9w my instructions on the law and may
4 not consult any cAhewo=ce as to the law pertaining to this case
5 unless it's been admitted into evidence. This rule applies
6 throughout the trial including closed sessions and periods of recess
7 and adjournment. Any questions you have of me should be asked in
8 open court.
9GAt a session held earlier, the accused pled guilty to The

10 Charge and Specifii4tion, which you have before you. I accepted that
11 plea and entered',findingsto• guilty. Therefore, you will not have to
12 determine whether the accused is guilty or not guilty as that has
13 been determined by his plea. Your duty is to determine an
14 appropriate sentence.
15GThat duty is a grave responsibility requiring the exercise
16 of wise discretion. Your determination must be based upon all the
17 evidence presented and the instructions I will give you as to the
18 applicable law. Since you cannot properly reach your determination
19 until all the evidence has been presented and you have been
20 instructed, it is of vital importance that you keep an -open mind
21 until all the evidence and instructions have been presented to you.
22GCounsel soon will be given an opportunity to ask you
23 questions and exercise challenges. With regard to challenges, if you

60G

333463
1 know of any matter that you feel might affect your impartiality to
2 sit as a court member, you must disclose that matter when asked to do
3 so. Bear in mind that any statement you make should be made in
4 general terms so as not to disqualify other members who hear the
5 statement.
6GSome of the grounds for challenge would be if you were an

accuser in the case, if you have investigated any offense charged, if
you formed a fixed opinion as to what an appropriate sentence or

9 punishment would be for this accused. To determine if any grounds
10 for challenge exist, counsel for both sides are given an opportunity
11 to question you. These questions are not intended to embarrass you.
12 They are not an attack upon your integrity. They are asked merely to
13 determine whether a basis for challenge exists. It is no adverse
14 reflection upon a court member to be excused from a particular case.
15GYou may be questioned either individually or collectively,
16 but in either event, you should indicate an individual response to
17 the question asked. Unless I indicate otherwise, you are required to
18 answer all questions.
19GYou must keep an open mind throughout the trial. You must
20 impartially hear the evidence, the instructions on the law, and only
21 when you are in your closed session deliberations may you properly
22 make a determination as to an appropriate sentence after considering
23 all the alternative punishments of which I will advise you later.

/
61 033464
1 You may not have a preconceived idea or formula as to either the type
2 or the amount of punishment, which should be imposed if any.
3GCounsel are given an opportunity to question all witnesses.
4 When counsel have finished, if you feel that there are substantial
5 questions that should be asked, you will be given an opportunity to
6 do so. The way we handle that is you're required to write out the
7 question and sign legibly at the bottom. This method gives counsel
8 for both sides and me an opportunity to review the questions before
9 they're asked since your questions, like the questions of counsel,

10 are subject to objection, and I believe that there are forms provided
11 for your use there if you desire to question any witness. I will
12 conduct any needed examination.
13GThere are a couple of things you need to keep in mind with
14 regard to questioning:
15GFirst, you cannot attempt to help either the government or
16 the defense;
17GSecond, counsel have interviewed the witnesses and know
18 more about the case than we do. Very often they do not ask what may
19 appear to us to be an obvious question because they are aware this
20 particular witness has no knowledge on the subject.
21GRules of evidence control what can be received into
22 evidence. As I indicated, questions of witnesses are subject to
23 objection. During the trial, when I sustain an objection, disregard

62

033465
1 the question and answer. If I overrule an objection, you may
2 consider both the question and answer.
3GDuring any recess or adjournment, you may not discuss the
4 case with anyone, not even among yourselves. You must not listen to
5 or read any account of the trial or consult any source written or
6 otherwise as to matters involved in this case. You must hold your

discussion of the case until you are all together in your closed-
8 session deliberations so that all members have the benefit of your
9 discussion. Do not purposely visit the scene of any incident alleged

10 in The Specification or involved in the trial. You must also avoid
11 contact with witnesses or potential witnesses in this case. If
12 anyone attempts to discuss this case in your presence during any
13 recess or adjournment, you must immediately tell them to stop and
14 report the occurrence to me at the next session. I may not repeat
15 these matters to you before every break or recess, but please keep
16 them in mind throughout the trial.
17GWe will try and estimate the time needed for recesses or
18 hearings out of your presence. Frequently, your--the duration of
19 those hearings is extended by consideration of new issues that arise
20 during those hearings. Your patience and undei'standing regarding
21 these matters will contribute greatly to an atmosphere consistent
22 with the fair administration of justice.

63GG 3466

1GWhile you are in your closed-session deliberations, only
2 the members will be present. You must remain together, and you may
3 not allow any unauthorized intrusion into your deliberations.
4GEach of you has an equal voice and vote with the other
5 members in discussing and deciding all issues submitted to you.
6 However, in addition to the duties of the other members, the senior
7 member will act as your presiding officer during your closed-session
8 deliberations and will speak for the court in announcing the results.
9GThis general order of events can be expected in this court-

10 martial:
11GQuestioning of court members;
12GChallenges and excusals;
13GPresentation of evidence;
14GClosing argument by counsel;
15GInstructions on the law;
16GYour deliberations; and
17GAnnouncement of the sentence.
18GThe appearance and demeanor of all parties to the trial
19 should reflect the seriousness with which the trial is viewed.
20 Careful attention to all that occurs during the trial is required of
21 all parties. If it becomes too hot or too cold in the courtroom or
22 if you need a break because of drowsiness or for comfort reasons,
23 please tell me so that we can attend to your needs and avoid

64G 633467
1 potential problems that might otherwise result. Frankly, I'm not
2 sure how much control we have over the temperature in the courtroom,
3 but if there is a problem, let me know and we'll see what we can do.
4GEach of you may take notes, if you desire, and use them to
5 refresh your memory during deliberations, but they may not be read or
6 shown to other members. At the time of any recess or adjournment,
7 you should take your notes with you for safe keeping until the next
8 session.
9GIf at anytime during the trial it is necessary that you

10 make any sort of statement, you need to preface that with your name
11 so that it's clear on the record who is speaking.
12GNow are there any questions?
13 [All members indicated a negative response.]
14GMJ: Apparently not.
15GPlease take a moment and read The Charge on the flyer
16 provided to you and to ensure that your name is correctly reflected
17 on a convening order. If not, please let me know.
18 [All members did as directed.]
19 [A member indicated a change.]
20GMJ: Yes.
21GMEMBER [LTC 1111111F: Lieutenant 1111111111111111, It
22 reflects MajorGI've since been promoted.

65

033468
1G

MJ: All right that will be noted on the record, and
congratulations.
3G

All right it appears that the only question was the one
4 noted by Lieutenant 11111111111.1111.
5G

Trial Counsel, you may announce the general nature of The
6 Charge.
7G

TC: The general nature of The Charge in this case is one charge
8 and one specification of a violation of Article 133, Uniform Code of
9 Military Justice for conduct unbecoming a United States Army officer.

10 The charges [sic] were preferred by Captain

11 forwarded with recommendations as to its disposition by Colonel
12 01111111.1111111111. and investigated by Lieutenant Colonel.,
13G

The records of this case disclose no grounds for

111111111.111
14 challenges. If any member of the court is aware of any matter, which
15 he or she believe may be a ground for challenge by either side, such
16 matter should now be stated.
17G

Let the record--one person we've got a positive response from

18 Lieutenant 1111.11.11, Your Honor. Besides Lieutenant 11111110
19 IIIIIIIIMI think it was a negative response from the other panel
20 members, Your Honor.
21G

MJ: Now remember, please state whatever ; you're going to say in
22 general terms sp as to not infect, if you will, any of the other

iG

* .
23 potential panel members.

66
603469
/

/
1 MEMBER [LTC 11111111111 LieutenantGthe 2 investigating officer, and I work in the same organization. We were 3 doing separate Article 32 investigations at the same time, and at one 4 point a few weeks agftkiG
asked him the status of his because he's
5 PCSing in the next few days. He said he'd completed----

/
6 MJ: All right, don't go any further as to what he told you.
/

7 MEMBER/ Okay.
/

8 MJ: Your conversation with him, did that--do you believe that
9 that will affect how you can hear the evidence in this courtroom and 10 determine a fair sentence for Lieutenant 11/MEMBER [LTCGNo, Ma'am, we did not discuss any 12 details. 13/MJ: All right. That may lead to some more questions further 14 down the road for you specifically, but I'll let that go at that at 15 the moment. 16GOther than that, does any member--is any member aware of 17 any matter, which he or she believes might be a ground for challenge 18 by other side#WW'OWt'G ti 19GNegative response. 20GNow before counsel ask you questions, I'm going to ask you 21 a few preliminary questions. If any member has an affirmative 22 response to any question, please raise your hand. 23GDoes anyone know the accused in this case?
67G G0347 0
/
/
1 Negative response from all members.
G

2 Does anyone know any person named in The Specification?
G

3 Again, a negative response.
G

4 Having seen the accused and read The Charge and The

5 Specification, does anyone feel that you cannot give the accused a

6 fair trial for any reason?

7GNegative response.

8GDoes anyone have any prior knowledge of the facts or events

9 in this case?
10GNegative response.
11G

Has anyone or any member of your family ever been charged
12 with an offense similar to that charged in this case?
13GNegative response.

14G

Has anyone or any member of your family or anyone close to
15 you personally ever been a victim of an offense similar to that
16 charged in this case?

17 GNegative response.
G

18

How many of you are serving as court members for the first

19 time?
20GAll right, we have two Captain----
21G

MEMBER [CPTIIIIIIII: 11111111 Ma'am.
22G

MJ: ---1111111 and----

23GMEMBER [MAJM: Major 111111
68G

003471
1G

MJ: All right, as to the remaining members, can each of you who
2 has previously served as a court member put aside anything you might
3 have heard in a previous proceeding and decide this case solely on
4 the basis of the evidence and my instructions as to the applicable

5 law?
6G

Affirmative response from all remaining court members.
7G

Now has anyone had any specialized law enforcement training
8 or experience to include duties as a military police officer, off
9 duty security guard, civilian police officer, or comparable duties

10 other than the general law enforcement duties common to military
11 personnel of your rank and position?
12GNegative response.
13G

Now is any member of the court in the rating chain,
14 supervisory chain, or chain of command of any other member of the
15 court?
16GNegative response.
17G

Now has anyone had any dealings with any members, I'm
18 sorry, any parties to the trial to include me and counsel, which
19 might affect your performance of duty as a court member in anyway?
20GNegative response.

21G

Does anyone; know of anything of either a personal or
22 professional nature, which would cause you to be unable to give your
23 full attention to these proceedings throughout the trial?

69

033472
r
=t
1GNegative response.
2GNow it is a ground for challenge that you have an inelastic
3 predisposition toward the imposition of a particular punishment based
4 solely on the nature of the crime for which the accused is to be
5 sentenced. Does any member, having read The Charge and The
6 Specification, believe that you would be compelled to vote for any
7 particular punishment solely because of the nature of The Charge?
8GNegative response.
9GYou will be instructed in detail before you begin your

10 deliberations. I will instruct you on the full range of punishments
11 from no punishment up to the maximum punishment. You should consider
12 all forms of punishment within that range. Consider doesn't
13 necessarily mean that you would vote for that particular punishment.
14 Consider means that you think about and make a choice in your mind
15 one way or the other as to whether that's an appropriate punishment.
16 Each member must keep an open mind and not make a choice nor
17 foreclose from consideration any possible sentence until the closed
18 session for deliberations and voting on the sentence. Can each of
19 you follow this instruction?
20GAffirmative response.
21GCan each of you be fair, impartial, and open minded in your
22 consideration of an appropriate sentence in this case?
23GAffirmative response.

70 G033473
1GCan each of your reach a decision on a sentence on an
2 individual basis in this particular case and not solely upon the
3 nature of the offense of which the accused has been convicted?
4GAffirmative response.

5GIs any member aware of any matter, which might raise a
6 substantial question concerning your participation in this trial as a
7 court member?

8GNegative response.

9GNow do counsel for either side desire to question the court
10 members?
11G

TC: Yes, Your Honor, the government does.
12G

DC: Yes, Your Honor, the defense does as well.
13G

MJ: All right, Government, you can go first.
14G

TC: Sir, members of the panel. My name is Captain 41111111,
15 0101111110, that's Lieutenant $111111.1111111111 We're the prosecutor or
16 the trial counsel in this case. I'm going to ask you a few questions
17 before we start.

18GNow you're going to hear from some witnesses today, and I'm
19 going to start by reading the names of the witnesses and if you know
20 that person, please give us an affirmative response. Okay.
21GDo any members of the panel know a Lieutenant 111.111111111111
22 111111111k Lieutenant111111111111111111111111

23GNegative response from the panel members, Your Honor.
71

1G

Do any of the members know a Major 111111111.11111. a Major
2

3GNegative response from the panel members, Your Honor.

4GDo any of the members know a MajorG, Major

5

6GPositive response from----

7G

MEMBER [LTCG: Lieutenant 111.1111111111.
8G

TC: ----LieutenantG

and from Lieutenant 11111M
9 1111111.1)

10G

Let me start with Lieutenant 11111111111.11. how do you
11 know G

Sir?
12G

MEMBER [LTC 111111111. : If it's the same Major 1111.1111p,
13 he's the 409th BSB 1111111111111111110
14G

TC: Okay, have you discussed any aspects of the casdlfth him?
15GMEMBER [LTC UM)

:
16G

TC: Okay. Anything on--based on your relationship that would
17 make you give more or less weight to what Major 11111might say?
18G

MEMBER [LTCGNo.
19G

TC: Okay. Same questions of you, Sir, how do you know Major

20

21G

MEMBER [LTC MOP: He was my next-door neighboi in Bamb4rg,
22 and a personal friend.

72

'L)
1G

TC: Okay and based on that type of relationship--first of all,
2 have you discussed the case with him?
3G

MEMBER [LTC 1111110 No.
4G

TC: Okay. And based on your relationship, would you give any

5 more or less weight to what he testified to?
G

6 Negative response from the panel member, Your Honor.
G

7 Does anybody else know Major Hunt?
G

8 Negative response, Your Honor. 9 Does anybody know a CaptainG111111111/ a Captain Imo 10 Negative response from the panel members, Your Honor.
• t,4 11 Does anybody know a Captain 1111.111111.1 CaptainlINIP
12 URI

13GAgain,_y9ur_Honor, negative response from the panel
14 members.

15GDo any the/„panel members know a First Lieutenant 1111111

•4

16 1111111111,11/
17GAffirmative response from Lieutenant
18 negative response4 wolit the other panel members.
19GHow do you know Colonel, excuse me, Lieutenant
20GMEMBER [LTC VMS He was recently assigned to my
21 organization at range,control. He's the range safety officer so it's
22 about 1 month.
23G

TC: Okay, so he's worked for you for about 1 month? 73­
C33476
O
1 MEMBER [LTC 11111116: Yes.
G

2 TC: Are you a supervisor of his?
G

3 MEMBER [LTC MOM Yes.
G

4 TC: Are you in his rating chain?
G

5 MEMBER [LTC Yes.

G
G

6 TC: What's your relationship in that rating chain?
G

7 MEMBER [LTC 611111111 I'm his senior rater.
G

8

TC: Now based on your--first Of all have you discussed the case
9 with him?
10G

MEMBER [LTC 11111.11. No.
11G

TC: Based--that's a negative response. Based on your
12 'relationship with the lieutenant, iS there anything that would make
13 you give more or less weight to what he said?

14G

MEMBER [LTC 1111111116 No.
15G

TC: Negative response from the panel member, Your Honor.
16G

Does anyone know a First LieutenantVIIIIIIIIIIM
17G

Negative response from the panel members, Yotr Honor.
18GDoes anybody know a Staff SergeantGStaff
19 Sergeant

20GAgain, Your-Honor, negatiVe response from the panel
21 members.
22G

Do any of the members of the panel know a Staff Sergeant
23 1111111111111011 Staff Sergeant
74G

033477
1/ Again, Your Honor, negative response from the panel
2 members.
3/ Do any Of'tilikdembers of the panel know a Sergeant!

4 1111111h
5/ Negative946onse from the panel members.
6/ And does anybody know a .il111111ft
/
7
Again, liative response from the panel members. 8/
Next I'm going to read you a list of officers that have
9 been previously or have had some type of involvement in the case, and 10 please let us kno--let the Court know if you know these people. 11/ A Captain/
does anybody know a Captain 12 13/
Negative_ response from all the panel members, Your Honor. 14/ Now the Ilext3010k-is regarding Colonel/ just 15 for the record, Colonel/
already addressed how he knows 16 Colonel/ Do any of the rest of th­
emembere6*44le panel 17 know a Lieutenant 18/ That's a positive response from ColOne11111111,
19/ . Sir, how -do'you know Colonel 20/MEMBER 11111111110: He and I have conducted multiple briefings 21 at the--for visitors to Grafenwoehr.
22/TC: Okay, has he actually discussed any particulars of this 23 case with you? 75/
033478

/

MEMBER armiari
1/No, he has not.
2G

TC: Okay is there anything based, on your relationship with
3 LieutenantG

that will make you give moret.or less
4 ‘4. weight to anything----

5/MEMBER
11141111pir No.
6G

TC: Does anybody here know a, ColonelG

olonel
7 OM

8GAffirmative response from Colonel----9/MEMBER . [COL 1111110: 111111111 10G
TC: ----Bilafer. Sir, how do you know Colonel

/11 MEMBER [COL 10111111i IWe worked together at V Corps and now 12 we're deployed in Iraq together [sic]. 13G
TC: Okay_ Did he ever discuss this case with you? 14/MEMBER [COLUMN" No. 15G
TC: Anything, based on your relationship with him, that would 16 affect Your ability to be fair and impartial in this case? 17/MEMBER [COL
: N°.
18G

TC: Lastly, has anyone from the military police corps or any 19 military police officers approached you about this case? 20G
That'S a negative response from all the panel members, Your
21 Honor.
22G

That's all the questions I have. Thank you.

76G

033479
1GMJ: All right, Captaining/0i
2GDC: Think Srou,'Your Honor.
3G11111111111111 Sir, Gentlemen, Ma'am, good morning. My
4 name is CaptainGand I'm with the trial defense services
5 office here at Vilseck, and I'd like to introduce to you Lieutenant
6G:1',4100/1rthe accused in this case. I just have a couple

1

7 of questions briefly to ask--ask you as a group.
First of all, I would just like to ask as a general

9 proposition, would all of you agree that when determining an
10 appropriate punishment for any given offense, that it would be
11 necessary to consider the surrounding circumstances in which that
12 offense was committed? Would all of you agree to that proposition?
13GYour _Honor, an affirmative response from all panel members.

14G

For instance, an incident, which occurs in the midst of
15 combat operations, might be evaluated differently than one committed
16 in the everyday garrison environment. Would all of you agree to that
17 general proposition?

18GAffirmative response from all members, Your Honor.
19GAgain, as a general proposition, would all of you agree
20 that combat--the combat environment can be an extremely stressful
21 situation? Would all of you agree to that general proposition?
22GAgain, Your Honor, affirmative response from all members.

77G

r¦ 7‘3480
1GIn that same light, ;would all of you agree that the combat
2 stresses or the stresses that one feels in combat could affect one's
3 judgment and decisibn malting?
4GAffirmative—again affirmative response from all members,
5 Your Honor.

G

6 As the judge had briefly instructed, so you've already
7 heard this before, but I want to just, again, make sure that everyone
8 understands. You all do understand that one option for this court to
9 consider in granting or deciding a sentence for Lieutenant

10 would be to consider no punishment. Does everyone understand that
11 that is--the law allows that action by the court?
12GAffirmative response from all members, Your Honor.
13GAnd also does each of you understand that based on
14 LieutenanAllilliplea of guilty at a previous session, which the
15 judge had mentioned, that LieutenantG

now has a federal
16 conviction on his record as a result of that plea of guilty? Does
17 everyone understand that as a matter of law?

18GAgain, Your Honor, an affirmative response from all.
19GBut does each of you also understand that the mere presence
20 of a conviction on one's record does not mean that a person cannot
21 continue to serve in the Army? Does everyone also understand that as

22 a proposition of law?

78G

C J3 1131
G

1 Okay, again, Your Honor, an affirmative response from all

2 members.
G

3 Finally, a last series of questions. I would assume that
4 all of the members are familiar with the investigation of misconduct
5 at theGprison in Iraq. Is that a fair----
6GAffirmative response from all the members, Your Honor.
7GI would further assume, as officers, that all of you are
8 familiar about comments that have been made by President Bush,
9 Secretary of Defense Rumsfeld, and Chairmen of the Joint ChTefett

10 Staff General Meyers that those who committed offenses at Abu Ghurayb
11 prison will be "brought to justice" or words to that effect. Have
12 all of you heard in the media or in some forum comments like that?
13GAn affirmative response from all the members, Your Honor.
14Gtow because of these comments from President Bush, the
15 Commander in Chief, and other senior-themost senior military
16 leaders, do any of you feel any pressure to render any certain type
17 of punishment in this case based on those comments?
18GYour Honor, there's a negative response from all members.
19GAnd finally one last question, and that is, would each of
20 you agree that a single isolated incident of prisoner maltreatment
21 that was committed wholly separate fromM11101411. prison should be
22 evaluated independently from that which we've been made aware of
23 through the media? Does everyone agree with that?

79
CO3482
G

1

Your Honor, there's an affirmative response from all
2 members.
G

3 Gentlemen, Ma'am, thank you very much.
4G

MJ: All right, members of the court, there's some matters that

5 we now have to consider outside your presence. Please return to the

6 deliberation room. Some of you might be recalled, however, for

7 individual questioning.

8G

[The court--martial recessed at 1128, 1 July 2004.]

9-[END OF PAGE] 10
/
80 CJ3483
/
1 [The session was called to order at 1130, 1 July 2004.]

2GMJ: All right all the members are absent, all other parties are
3 present. You may be seated.
4GTrial Counsel, do you request individual voir dire, and if
5 so, please state the name of the member and the reason.
6GTC: Your Honor, only--based on ColonelGresponse
7 we'd like individual voir dire with Colonel IIIIIIIIP
8GMJ: Okay you're going to have to be more specific----

9GTC: Based on--
0
10GMJ: ----thh "based on his response".

/
11 TC: Based on the question--the answers about Lieutenant 12 11111111, excuse me, First Lieutenant 1111111111111that he's his 13 supervisor and senior rater, based on his comment about knowing Major 14 Hunt, based on his conversations he's had with Colonel -15 about the case. 16GDC: Your Honor, if I may, I believe that Captain 11111111W 17 already asked questions and elicited sufficient responses from 18Gwith regards to him being able to set aside those
ColonelG
19 things.
20GMJ: Well I--I think we probably ought to get a little more on
21 the record as far as what he's--at least what he's heard from
22 Lieutenant Colonel 111111111111Dthe 32 officer, just to make clear

81

033484
1 since I told him, "don't go into anymore details," so we'll bring him

2 back for that if nothing else.
G

3 Is that--is there anyone else you want, Captain grialir
G

4 TC: Just Colonel 1111111111 Ma'am.

G
5 MJ: All right. Captain would you like, if anyone

G
6 and why?G

I
G

7 DC: Your Honor, I believe that we have!no--po requests for any
8 individual voir dire.

9GMJ: All right, Bailiff, would you ask Lieutenant
10 111111111 to come back out, please?
11GBAILIFF: Yes, Ma'am.
12GMJ: Thank you.
13 [LTC G

the courtroom and was seated.]
14GMJ: All right, CaptainG, did you have an questions

.

15 that you wanted to ask Lieutenant Colonel 11111111111110
16GTC: Just briefly.
17G

INDIVIDUAL VOIR DIRE OF LIEUTENANT COLONEL

18 Questimis by the trial counsel:
19GQ./Sir, you mentioned that you--yourself and Colonel
20 feligalet about the same time were doing Article 32 investigations?

G

21 A.G

Yes.

22 GQ./And do you guys know each other pretty well? G
23 A.G

Yes. 82 G033485
Q.G
2 going on?
3GA.G

1GOkay. Did you discuss your 32 investigations and what was

Not as to what was going on, no.
4GQ.G

What did he tell pla4,about this case?
5/A.G

I asked him, because*Origitudue to PCS in a few days, I
6 asked him what the progress or status of his investigation was, if he
7 was going to complete it on time, and he informed me that he had
8 turned it in, but when he said that he said also that he had been
9 informed the recommendation that he had made on it was fiot the one

10 adopted by whoever the appointing authority was.

/
11 Q.G
Did he tell you what the recommendation was?
G

12 A.G

No, he did not.

13.GOkay, but you realize that we're at a court-martial now,

14 right?G1014114Wiik
15GYes.

A.G
16GQ.G

Right and Colonel--Lieutenant Colonel 111111111111said that
17 he had made a different recommendation then? V"''
18GA.G

Yes, I inferred that.
G

19 TC: Thank you.
'1!kk
20-GNo further questions, Your Honor.
21GMJ: All right.
22GCaptainGwould you like to ask Lieutenant Colonel
23 MOM any questions?
83

633486
1GDC: If I may, Ma'am.
2GMJ: Of course.
3GDC: Just briefly.
4 Questions by the defense counsel:
5GQ.OSir, good day. Sir, the conversation that you've had with
6 Colonel 11111111111111in addition to your relationship with him, as had
7 been asked previously in the group setting, do you feel anyway
8 predisposed to come to any certain decision about punishment versus

9 any other decision based on that?
10GA.G

No, not at all. No.
11GQ.G

Okay, Sir, and would it be--do you feel as though--I mean
12 you said that you were able to infer, I think that was your word--the
13 word that you used, I guess what ColoneldIIIIIIIIIIIIprecommendation

14 had been?
G

15 A.G

I mean----
16GQ.G

The question that CaptainGhad asked you was well,
17 "we're here at a court-martial" I believe you said that you were
18 able--had been able to infer that the recommendation had been for

19 something else?
20GA.G

No, not at all because in the Article 32 foruM it has many
21 different forms of court-martial that you can recommend, so I didn't
22 know if it was anther form of court-martial or something lower. He
23 just said it was different.

84

033487
/

Okay great. Now having had that specific conversation, and
2 maybe just one or two exchanges, does that in anyway affect your
3 ability to come to a fair and impartial decision here?
4GA.G

1GQ.G

No, no, not at all.
5GQ./And are you, in fact, confident that you would be able to
6 come to a fair and impartial decision----

G

7 A.G

Yes.
G

8 Q.G

----Lin this case?
G

9 A.G

Yes. 10/DC: Okay thank you, Sir. 11/MEMBER [LTC 1111111111.: Yes.
GG

12 MJ: All right. Thank you, Lieutenant Colonel you
13 can return to the deliberation room.
14 [LTCGwithdrew from the courtroom.]
15GMJ: CaptainGwho else did you want or----
16GTC: Your Honor, I--I did not ask opiestions--I was mostly
17 concerned about the relationship with ColonelGand Colonel

011111P

18 111111.1111
19GMJ: Okay are you satisfied now?
20GTC: Yes, Your Honor.
21GMJ: All right, then do you have any challenges for cause?
22GTC: Yes, Your Honor, we challenge ColonelGfor cause
23 based on his relationship and discussions previously about the case.

85
3468
1GMJ: I'm sorry with his relationship with whom?
2GTC: ColonelGthe 32 officer, and his discussions on
3 the case, Ma'am.
4GMJ: Well he said he doesn't know anything about the case. His
5 only discussion was in a basically are you doing a 32, what's the
6 status of it, and are you going to finish it before you PCS.

TC: I believe ColonelGresponse to one of my
8 questions was that he had sent it up to--that his recommendations to
9 the convening authority had not been approved, and I think based on--

10 --
11GMJ: Well yeah but he--he--what he said was there are a number
12 of choices on the form. All he knows is some recommendation that
13 Lieutenant ColonelG 0bmade wasn't followed. He's,
14 EvidentiK, under the misapprehension that the Lieutenant maybe could
15 have gone to a special court-martial and that--that's okay. He just
16 doesn't know--he doesn't know whether the investigating officer
17 recommended no trial, a different level of trial, -heOust knows that
18 "some recommendation wasn't followed.
19GTC: Well that also gets into what we talked about in the 802
20 session, Ma'am, with regards to Colonel possible MFR
21 that he might do, and obviously all that Colonel
22GMJ: Well but I've already discussed with you that whatever
23 Lieutenant Colonel G

say, he may not discuss what his

86

033469
DOD 002198
1 recommendations were as a 32 officer as far as how this case should
2 have been disposed of because that's irrelevant for our purposes, so
3 you're going to have to tell me again--I don't see how what
4 Lieutenant Colone11111.11has said about his discussions with
5 Lieutenant ColonelGmakes him something other than
6 impartial and willing to follow the instructions of the court, which
7 is what's required of him.
8GTC: Understood, Your Honor, but the government's position is
9 this is that he's previously discussed the case that through the

10 evidence or through the discussions he's had with Colone11111111111111,
11 it's clear that Colonel IIIIIIIIIIIIand the General Court-Martial
12 Convening Authority disagreed, and we think that's going to affect

13 how he views the caSe.*04141441w*
14GMJ: Well Captain your view?

G
15GDC: Your Honor, if I may respond to that. The rule certainly
16 does not preclude anyone from serving on a panel that has had a
17 discussion. The issue--the question is can they set aside any prior
18 knowledge or any issues, anything outside the process can they set
19 that aside and make a fair and impartial decision in the best
20 interest of justice. I think Colone1111111111Pvery clearly said on
21 a couple of occasions that he could--could do that. He had not gone
22 into any detail with ColonelG, and you yourself, Your
23 Honor, just noted,, he is not someone--he's not a lawyer, he's not a

87

CO3490
DOD 002199
1 JAG officer, he's not aware of some of the intricacies, and as he
2 said, he had no idea what the recommendation from Colonel
3 was. He simply knew that the convening authority had done something

4 different to that, and I asked him pointedly would that affect his--
5 would that knowledge„abittc*.whis ability, he said no, Your Honor. I'm
6 confident in his response that that's true.
7/

MJ: All right. There's no information on the record that
8 Lieutenant Colonel/

knows anything about the events that 9 have brought Lieutenantillirere today, that he discussed the nuts
10. and bolts of the case with Lieutenant Colonel
/that he 11 discussed anything with him othe'r than the fact that they were each
12 doing Article 32 investigations at the same time, and what the 13 general status of the 32 investigation was in relationship to 14 Lieutenant Colonel/
getting ready to PCS, that is, had 15 he gotten it done and had he sent it forward, and that he learned 16 from Lieutenant Colonel
/yes it had been finished and
17 that the convening authority hadn't followed his recommendation. He
18 didn't even know what the recommendation was, so I'm going to deny
19 your request to excuse him for cause.
20/

TC: Understood, Your Honor. 21/MJ: Defense Counsel----22/
TC: Just note the govelinment Objection for the record.
23/MJ: Well it's on the record, so----/
88 003491.
1GTC: Yes, Ma'am.

2GMJ: ----you don't need to ask me to note it.

3GTC: Yes, Your Honor.

4GMJ: It's already there.

5G

Defense Counsel, do you have any excusals for cause or
6 challenges for cause I should say?

DC: Your Honor, may I have just a moment to consult with the
8 accused----
G

9 MJ: Yes.

;
10GDC: ----and members of my staff?G

11 [The DC, ACC, and a summer intern conferred.]

12GDC: Your Honor, no casual challenges.
13GMJ: All right, Trial Counsel, peremptory?

14G

TC: Same one, Your HonOrs Lieutenant Colone11111111111111[sic].
15G

MJ: All right. I don't think you really mean that. He's the
16 investigating officer. He's nota member of our panel.
17GTC: Oh pardon me. Colonel G

Your Honor.
18GMJ: All right. And Defense Counsel?
19GDC: Your Honor, ColonelG

is our peremptory challenge.
20G

MJ: All right. So that will leave our panel then of--with ten
21 members. Is that correct?

22GDC: That's my count, Your Honor.

23GTC: That's my count as well, Your Honor.
89G

033492
/

1GMJ: You can be seated.

2GAll right, has the bailiff been instructed on how to

3 reorder?

4GTC: Your Honor, if--we'll have my legal clerk, Specialist

5 impr reorder if that's okay, Your Honor.
6GMJ: That's fine. He and the bailiff can go back and tell

7 ColonelGnd Lieutenant ColonelGexcused.
G

8 TC: Yes, Your Honor.
G

9 MJ: And reorder the panel.

/
10 TC: We'll do, Your Honor. /
11 MJ: And how long is that going to take? G
12 TC: I would guess 5 to 10 minutes, Your Honor.
G

13 MJ: All right then we' 11 be in recess while that's done.
14G

[The session recessed at 1141, 1 July 2004.]

15G [END OF PAGE]
16

90 G003493

[The court-martial was called to order at 1156, 1 July 2004.]
2G

MJ: Court is called to order. You may be seated. Call the
3 members.

4 [All the members, except Colone1111111,and Lieutenant Colonel

5 0111111101 who were excused, entered the courtroom and were seated.]

6GMJ: You may be seated.

7G

TC: The following data is reflected 9n .1.e charge sheet:
8G

NAME OF THE ACCUSED----
9G

MJ: No, no. All parties are present as before now to include
10G

the court members with the exception of ColonelG

and Lieutenant

11G

ColonelG

who were each excused.
12G

Court members, at this time we will begin the sentencing

phase of this court-martial_ Trial Counsel, would you please read
14 the personal data concerning the accused as shown on the first page
15 of the charge sheet?
16GTC: Yes, Your Honor.
17G

THE NAME OF THE ACCUSED IS:
18G

SOCIAL SECURITY NUMBER:
19G

GRADE OR RANK IS: First Lieutenant.
20G

PAY GRADE IS: 02.
21G

HIS UNIT ORGANIZATION IS: 615th Military Police Company,
22 APO AE 09302.
23G

HIS INITIAL DATE IS: 10 May 01.
91

C 3 4 9 4
/
1 HIS TERM IS: 3 years and 4 months.
G

2 AND HIS BASIC AND TOTAL PAY IS: $3,421.50, Your Honor.
G

3 MJ: Thank you.
G

4 Now members of the court, I have previously admitted into

5 evidence Prosecution Exhibits 1, 2, and 3, which are a stipulation of

6 fact in this case, the accused's ORB, and an OER for him, and Defense

7 Exhibit A, which is a series of certificates, awards, and letters on

8 his behalf. You will have these exhibits available for you during

9 your deliberations.
10GTrial Counsel, you may read the stiOlation of fact into
11 evidence.
12G

TC: Yes, Your Honor.
13G

[The TC published PE-1-to the members.]
14G

MJ: Thank you. Do you have anything else to present at this
15 time, Captain11111111111
16G

TC: No, Ma'am.
17G

MJ: All right. Defense Counsel; you may precede then.
18G

DC: Thank you, Your Honor.

19GMembers of the court, the defense calls Staff Sergeant
20 111111011111 as our first witness.

21G [END OF PAGE]
22

92 Gc 3 3 9 5

1 STAFF SERGEANT 11111111111111.1111111111U.S. Army, was called as a witness

2 for the defense, was sworn, and testified as follows:

3GDIRECT EXAMINATION

4 Questions by the assistant trial counsel:

G

5 Q.G

Would you please state your name, rank, and your unit of
6 assignment, please?

7G staff sergeant, 615th MP, Company,

8G

Sir.

9GATC: Thank you, Sergeant, CaptainGhas a couple of

10 questions for you.

11 Questions by the defense counsel:

12GDC: Good day, Sergeant11111111 before I begin, can all the
13 panel members see the witness? Am I blocking your view, Sir?
14G

[All panel members indicated a positive response.]
15GQ.G

Good day,GDo you know the accused,
16 Lieutenant

A.G
18GQ.G

17GYes, Sir.

How do you know Lieutenant

A.G

19GHe was my lieutenant while--before we went to Iraq and

20 during tiart of the time that I was in Iraq, Sir.
21GQ.G

Okay what was your position then?
22GA.G

Squad leader in 1st Platoon.

93

003496
/
1G

Q. Okay st*hew!gs your platoon leader and you were one of his

2 squad leaderS?
G

3 A.G

Yes, Sir.
4GQ.G

Okay. And we heard a stipulation of fact just read. It's
5 true that you were present at the Ma Police Station and
6 witnessed the incident in question. Is that correct?
7 A.G

Yes, Sir.
8GQ.G

Okay. I would, if you can, please just ask you to tell the
9 court members from your recollection wh* -tiappened.

/
10 A.G
There were three prisoners that were there. They were
11 apprehended the night before, and they had tried to escape during the
12 night by digging a hole through one of the walls with one of the
13 pipes from the shower, and the Lieutenant found out about it when we
14 went out there, and he wanted to go check it out, so myself, Sergeant

15

UMSergeant and PriLtAllillwent into the D-Cell and we
16 separated tree that--that were in question, and told Private
17 1111111to watch the other individual prisoners.
18G

And we walked into the rooth in question, and as we were
19 walking, Lieutenantilillilwas asking the prisoners if they're the
20 ones that did, you know, did the digging of the hole trying to dig
21 out. And as we walked in, the prisoners were in front of us and then

22G

Lieutenant, then me, and then Sergeant

G

was
23 Specialis.

11111111 at the time, and then Sergeantgalla behind him.

94G033497
1 The prisoners stopped right as soon as we got inside the room, and
2 the hole in the wall was towards the backside of the room, and
3Gwas asking still if they had--if they're the ones

LieutenantG
4 that had done this, and of course, they didn't understand. So
5Glooked over that way towards the wall and kind of

LieutenantG
6 put his hand around the neck of the first prisoner and kind of shoved
7 him over in that direction.
8GLet me ask--sorry to interrupt, but let me just ask you.

Q.G
9 You said "put his hand around his neck" you mean in a chocking manner

10 or from behind?
11GNo, he was looking at him kind of like I'm looking at you,

A.G

12 Sir, and just put his hand like right here and pushed him over that
13 way, Sir.
14GToward the hole that he was asking about?

Q.G
15GA.G

Yes, Sir.
k

16GQ.G

Okay please continue.
17GA.G

Once he did that, the other two individuals realized that 18 he wanted them over in that direction, so the three [sic] went over 19 by the hole in the wall, and Lieutenan1111111walked in, started 20 walking over towards them. Myself and Sergeantilligilland Sergeant 21 US kind of stood back because we didn't know that the--what's in 22 question was going to happen, and Lieutenant !{,was still asking,
95G033498

1 "Did you do this?" "Did you do this?" And of course, they didn't 2 understand still, so they didn't say anything. 3/Ad7wooken Lieutenant-walked up, he--he--the three 4 individuals were in a row kind of like in a row looking at him, and 5 he went ueNgo 'tie right individual first, and he punched the 6 individual in the gut, and then he moved to the next one and punched 7 the second individual in the gut. By this time, I was already 8 starting to move over into him to try to stop him from doing it, and-9 -and the third guy was kind of afraid of getting hit, so he kind of
10 was kind of getting down on the ground saying, "No, no." And by that 11 time, I was already over there, and put my arms around Lieutenant 12 1011111hnd was starting to pull him back, and then he kind of kicked 13 at the third guy that was on the floor, Sir. 14/Q./Okay. What would you say would be a fair estimate of the 15 amount of time that passed from when he struck the first guy to when 16 you pulled him off, and he struck the third guy?
-
Just
18 to walk from--not even from the distance from me to you away, Sir,
19 because I was there before he even got ho t third guy
20-Q.-So 4 or 5 seconds?/ it!"
21/A./Yes, Sir.
22/ [END OF PAGE] *OM*

23
17 A.Ga few seconds, Sir. Long enough--long enough for me
96/ 033499
1GQ. Okay. Had you ever, in your time knowing LieutenantIIIIIII 2 ever seen him do anything like that before? 3GA.G
No, Sir.

4GQ.G

Had there been any discussion before hand about, "Hey,
5 we're going to go in here and rough these guys up"?
6GA.G

No, Sir.

7GQ.G

Okay. In fact, were you shocked to see what happened?
8GYes, Sir.

A.G

9GQ.OOkay, and why is it that you were shocked? 10G
A.G

Because it's not something that normally that--that first
11 of all should be done, and I've never seen anybody in our platoon

12 that I worked with that have ever done it, and nobody's ever

13 discussed it, and he's--he was always professional, always, Sir, up

14 until that point, and I just wish--didn't think that it would happen,
15G

Sir.

16GQ.G

Okay, so it's fair to say, then, that that act--that act on

17 his part was completely out of character from the LieutenantilliM
18 that you knew?
19GA.G

Yes, Sir.
20GQ.G

Okay. You mentioned previously, just I want to follow up

21 with one point, that is that these three Iraqis had been brought in--

22 had been apprehended the night before?
G

23 A.G

Yes, Sir. 97GC33500
1 GQ. What is it that they had been apprehended for, if you kno4?
G

2 A.G

They were under suspicion of car theft and murdering the
3 owner of the car, Sir.
4GQ.G

Okay. Thanks. Now I want to ask you a little bit of a
5G

bigger picture question now, and that is, theGPolice Station,
6 describe for me, if you will, the platoon's mission at the station at
7 the time.
G

8 A.G

Our mission, Sir, was to instruct and teach the IPs, the

9 Iraqi Police, that were there to teach them in the different classes
10 on anything from how to respond to traffic accidents all the way up
11 to responding to a rape or a murder and anything in between there,
12 Sir. Also we were pulling force protection. Our soldiers were
13 actually on the roof pulling force protection on the station the
14 entire time we were there, Sir.
15GQ.G

Okay what were the shifts? How much--how many hours a day
16 were you working typically or was Lieutenant working typically?
17GA.G

At least 12, Sir, 12 to 14 sometimes 16 hours a day.
18GQ.G

Okay and was that 7 days a week?
19GA.G

Yes, Sir.
20G [END OF PAGE]
21

033501
98

1GQ.G

Okay and how long had you been at that station conducting

2 those types of operations prior to this incident at the end of July?
G

A.G

It had been a couple of months, Sir. I'm not exactly sure
4 how many at that station because we had been at numerous stations. I
5 would say at least 2 months at that individual station, Sir.
6GQ.G

So then at least 2 months--a few months of everyday 14, 16
7 hour days. That's a fair----
8GA.G

Yes, Sir.
9GQ.G

----estimate of the mission and the requirements before
10 that?
11GA.G

Yes, Sir.
12G

Q.G

Okay. What was the--some of the environmental factors like
13 the heat, was that a very particularly hot time?
14GA.G

Yes, Sir.
15GQ.G

And what about force protection and the threat that you all
16 were facing, what was that like at that time?
17GA.G

The--it was pretty bad, Sir. Each individual day we had to
18 travel to and from the station, so we were always worried about IEDs
19 on the way to and on the way from, and also getting ambushed on the
20 way in and on the way back. Also there--different stations were also
21 always getting either mortared or RPGd at all times, Sir, as well.

22G [END OF PAGE]
23
99G 033502

1G

Q.G

Would it be fair to say, then, that based on the threat,

2 the heat, the hours, that it was an extremely stressful time?
G

3 A.G

Yes, Sir. 4GQ.OWould it also be fair to say that as a leader, as a squad 5 leader yourself, as LieutenantilliMeing a platoon leader, that the 6 additional stresses of leadership and taking care of your soldiers 7 was also or added more--even more stress to that? 8GYes, Sir.
A.G
9GQ.G

Is that fair to say? Did you, in fact, yourself feel
10 extremely stressed?
11GYes, Sir.

A.G12GQ. Okay. Now you had mentioned that Lieutenant/
had been 13 your platoon leader for a pretty significant period of time. Is that 14 right? 15GYes, Sir.
A.G
16G

Q.OOkay how often, as one of his squad leaders, did you 17 interact with him? Was it on a daily basis? 18GYes, Sir.
A.G19GQ.OOkay and how long of a period of time was it that you were
20 one of his squad leaders if you can tell the court?
G

21 A.G

About a year and a half, Sir.
22G

[END OF PAGE]

23
100G

003503
1GQ.G

Okay, so for a year and a half you interacted with him on
2 roughly a daily basis?
3GA.G

Yes, Sir.
4GQ.G

Did you have a--in that year and a half, did you have
5 sufficient time to form an opinion about him as a leader?
6GYes, Sir.

A.G
7GQ.G

And did you, in fact, form an opinion?
8GYes, Sir.

A.G
9GQ.G

What is that opinion?
10G

A.G

He was always professional, Sir, always would take care of
11 his platoon. Had a genuine concern for everybody in the platoon, and
12 just--I always thought he was professional. He knew hip job well,
13 Sir. He was a great leader.

14GQ.G

Okay, tactically--as far as the combat tactics, proficiency
15 in the combat operations were you confident with him as your platoon
16 leader?
17GYes, Sir.

A.G
18GQ.G

Going to war with him----
19GA. - Yes, Sir.
20GQ.G

---as your leader? Okay. Having been present for the
21 incident and knowing what you know about the incident, if you were
22 tasked to go to war yet again with Lieutenantill'Illor maybe Captain

101/
033504
1 1111111as your company commander, would you be comfortable and
2 confident with him?

3GA.G

Definitely, Sir.
G

4 DC: Okay thanks.
G

5

Your Honor, I pass the witness to the government.
G

6 MJ: All right, cross?
G

7 ATC: Thank you, Your Honor.
G

8

CROSS-EXAMINATION

9 Questions by the assistant trial counsel:

10GSergeantG

Q.Gin order to get a better understanding of
11 what happened in Cellblock D in Baghdad, will you please step down
12 from the witness chair?
13GA.G

[The witness did as requested.]
14G

Q.G

Now you described for the record that once you were in the-

15 ­
once the three detainees were separated that Lieutenant'''. made

16 first contact with the detainees, correct?
G

17 A.G

Yes, Sir.
18GQ.G

Would you, please, demonstrate for the panel members, and

19 for the court, the first contact with the three detainees, please?
G

20 A.G

Yes, Sir, so you're the detainee?
G

21 Q.G

Correct there's three detainees.
22GA.G

And I'll be LieutenantG

He walked up and there's a
23 wall right there and on the other side of the wall is a--the room
102G

033505
/
1 ,opens up and the hole that was dug in the wall on the other side over

2 there, and he walked up asking the question, "Did you do this?" "Did

3 you do this?" And he just put his hand on the person like this and

4 then shoved him over like that.

5GQ. Okay and then what?

6GA.G

And----

7GMJ: Okay we--we need to get a description of this that the

8 record can understand, so----

9GATC: Yes, Ma'am.

/
10
MJ: ----the wl.tness indicated that a wall was on his left.
11GWIT: Yes, Ma'am.
12G

MJ: And then he placed his right hand at what is approximately
13 the junction of Lieutenant 111111Ineck and shoulder and then with
14G

his right hand and then pushed Lieutenant G

the left.
15GATC: Correct, Ma'am.

16GMJ: Go ahead.

17GThen what happened, Sergeant?

Q.G
G

18 A.G

Once that happened, the other two realized that he wanted
19 them over there so----
G

20

Q.G

And at that point, where were the other two detainees,"to
21 his right or to his left?
22GA.G

The other two at that time were still right there because
he threw the first one over to that direction like that.G

23GCa3506
103

1GQ.G

Okay.
2GA.G

And then as soon as he started--he shoved the other one 3 over that way, they started moving over that way because they 4 realized that----5GQ.OOkay. 6G
A.G

----he wanted them over there. 7GQ.ODid he grab the second detainee----8GNegative.
A.G

9GQ .O----by the neck? 10GNegative, Sir.
A.G
11G

Q.G

Okay so one detainee is over by the wall, and the second
12 two----
_ 13GA.G

Immediately starteOpeATing over to that direction, Sir. 14GQ.OTo his left? 15GYes, Sir.
A.G

16GQ. Okay and then what happened? 17GA.G
Then he walks over like--enters the room like this and
18 myself, the wall would be right here so myself and----
19GATC: Okay let the record reflect that SergeantG

has
20 pointed to his left that there was a wall to his left, correct?

21GWIT: Yes, Sir.
22G [END OF PAGE]
23
104
CO3507

/
/
1 QG
Okay and then what happened?
2GAG

At that time, that's when myself and SergeantGand
3 SergeantG

walked around to just the entrance of the room.

4 GQ. Okay.
G

5

A. And LieutenantIIIII1Pwalked over towards the three
6 individuals.

7GQ.G

Were--were they facing him?
8GA.G

Yes.

Okay and then what happened.
10GA.G

9GQ.G

Asking them, you know, if they had done this, if they had
11 done this, and he walked up to the first one like this.

12GATC: Okay and just for the record, let the record reflect that
13 Sergeant illillipis grabbing me, Lieutenant..., by the right
14 shoulder, correct?

15GWIT: Yes.
16G

ATC: And is making a motion, a swinging motion to my midsection,
17 correct?

18GWIT: Yes.

19 Q. And then what happened?
20'G

A.G

At that time, he was already done with that individual.
21GQ.G

Okay and what--what did he do? What did the first detainee
22 do?

23GA.G

He just kind of doubled over and kind of backed off.
105G

C33508
1GATC: Okay and let the record reflect that Sergeant.. is
2 crouched over demonstrating how the first detainee acted.
3GQ. 11 Okti and then what happened to the second detainee?

G

4 A.G

Then the second one was still just standing there and he
5 kind of moved over and d/d the same thing to the second one.
6GATC: Okay and let the record reflect, once again, that Sergeant
7Gs grabbing LieutenantG

by the shoulder and doing a
8 swinging motion to my midsection, Lieutenant

9 demonstrating how Lieutenantilillittruck the second detainee,
10 correct?
11GWIT: Yes, Sir.
12GQ.G

And how did the second detainee act? 13GI llejust doubled over the same as .the first one and moved
A.

14 over to the corner section.
15G

Q. Okay and will you face the panel and describe how the third

16 detainee reacted?
G

17 A.G

By that time, the third detainee was afraid so he kind of
18 was hid down like this and then----
19GATC: And let the record reflect that SergeantGhas

20 crouched to the floor kind of demonstrating how the third detainee
21 reacted to Sergeant, forgive me, Lieutenant
22GWIT: Yes.
23

G106 003509
/
1GQ.G

And what did you say [sic]?
G

2 A.G

He said, no, Sir. "No, mister. No, mister."
3GQ.G

Okay.

4GMJ: Okay when you crouched, you crouched down, you used your

5 right hand on the ground, and you held your left hand up in the air

6 as though to ward off someone. Is that a fair description?
G

7 WIT: Yes, Ma'am.
G

8 MJ: All right.
G

9 ATC: You can take a seat.

10 [The witness returned to the witness stand.]

/
11
Q.G

Now at that point, you had to grab Lieutenant 111111111111
12 correct?
13GA.G

Yes, Sir.
14G

Q.G

I mean Lieutenandlillipidn't stop himself, correct?
15GA.G

No, Sir.
16G

Q. And I mean even when you held Lieutenant411111I mean he

17 didn't stop, right?
G

18 A.G

As--as I was putting my hands around his waist to pull him
19 back, he was already in the process of kicking at the individual
20 because he was down----
21GQ.G

Okay.
22GA.G

----instead of up, so as I pulled him away, he kind of
23 struck him in the--in the chest.
107G

033510
/
/
1 Q.G
Did he make contact as you pulled him back?
G

2 A.G

Yes, Sir.
G

3 Q.G

What--let's kind of talk about the detainees. Can you

4 describe what they were about 5, 5, 160 pounds? Is that a fair

5 description of---
G

6 A.G

Yes, Sir.
G

7

Q.Gthree detainees? In that cellblock when Lieutenant
8

mph

made contact with those three detainees, they weren't a
9 physical threat to him, were they?
10GA.G

No, Sir.
11G

Q.G

These three detainees weren't a physical threat to the
12 soldiers in that cellblock, right?
13GA.G

No, Sir.
14G

Q. As a matter of fa4/1pieutenant4011111did not act out of

15 self defense for himself or for any of the other soldiers, is that
16 fair?
G

Yes,
18G

17 A.GSir.

Q.G

Okay. I know on direct you mentioned that these three

19 detainees were accused of crimes, and that's why they were there,
20 correct?
G

21 A.G

Yes, Sir.
22G

[END OF PAGE]

23
G

108 003511
Q.G
2 justify striking them, does it?
3GA.G

1GBut the fact that they were accused of crimes doesn't

No, Sir.
4GQ.G

The fact that they attempted to escape doesn't make it
5 right that they were struck, does it?
6GA.G

No, sir.
7GQ.G

As a matter of fact, striking those detainees was wrong?
8GA.G

Yes, Sir.
9GQ.G

Now I know you discussed some of the stress factors.
10 Everyone was working long hours, correct?
11GA.G

Yes, Sir.
12GI think at times you mentioned 12 to 14 hour days?

Q.G
13GA.G

Yes, Sir.
14GSeven days a week?

Q.G
15GA.G

Yes, Sir.
16GQ.G

In heat of a hundred plus?
17GA.G

Yes, Sir.
18GQ.G

You weren't given any special privileges from those fact--
19 those stress factors, were you?
20GA.G

No, Sir.
21GYou didn't work any less than anyone else, did you?

Q.G
22GA.G

No, Sir.

109GP 33512

/
1GQ.G

You didn't have air-conditioned quarters or work in an air-

2 conditioned compound?

3GA.G

No, Sir, not at that time.

4GQ. And as far as like, you mentioned the transportation and a
5 lot of the dangers, IEDs, the ambushes, you faced those on a daily

6 basis also?

G

7 A.G

Yes, Sir.

8GQ.G

I mean you stressed--you faced not only the stresses of the

9 desert and the dangers, but I mean you also had a leadership
10 position, right?

A.G
12GQ.G

11GYes, Sir.

And so, I mean you faced the same stresses that everybody
13 else who was there, the same stresses that Lieutenant". faced?
14GA.G

Yes, Sir.
15GQ.G

You never struck any of those detainees did you?
16GA.G

No, Sir.

17GATC: I have nothing further, Your Honor.

18GMJ: All right, redirect?

19GDC: Yes, Your Honor, very briefly.
20G

REDIRECT EXAMINATION

21 Questions by the defense counsel:

/
Were those three guys hurt?
23GA.G

22 Q.G
No, Sir.

/
110 3513
1/Q./In fact they were--there were no injuries at all, right?
2GA.G

No, Sir. 3GQ./Okay now when you pulled LieutenantG
off did you--the
4 next couple events after that is you escorted him out of the room,
5 right?

G

6 A.G

Yes, Sir.
G

7 Q.G

What happened after that?
G

8 A.G

I--we have an actual room that was just ours for the
9 military police. When I--I pulled him off, he walked in front of me,
10 and I basically followed him into that room, Sir.

/
11 Q. And did you have a discussion at all?
12 A. Yes, Sir. I shut the door behind me, and I told him not to
13 ever put myself or my soldiers into that kind of positionever again,
14 Sir.
15 Q./Okay was a--what was his response to you?
16 A.GThere was no response, Sir. He didn't say anything, which

17 was really out of character for him because he normally is--was never
18 at a loss for words, and he just kind of was looking forward to--just
19 kind of a blank stare.
20GQ.G

Was it fair to say that he was kind of zoning out of it a
21 little bit?
22GA.G

Yes, Sir.
23GDC: Okay. No further questions.

/
111 C33514
1GMJ: Recross?
2GATC: Nothing further, Your Honor.
3GMJ: All right, do any of the panel membrs have any questions

4 they'd like to ask of this witness?
5GNegative response.
6GTemporary or permanent excusal?
7GDC: Permanent excusal is fine, Your Honor.
8GATC: Permanent as well, Your Honor.
9 [The witness was duly warned, permanently excused, and withdrew from

10 the courtroom.]
11GMJ: Next witness?
12G

DC: Your Honor, the defense now calls Sergeant 111111111111111,
13

MEW

14G

SERGEANT

, U.S. Army, was called as a witness for the
15 defense, was sworn, and testified as follows:
16G

DIRECT EXAMINATION

17 Questions by the assistant trial counsel:
G

18 Q.G

Would you please state your name, rank, and unit of
19 assignment for the record, please?
20 A.G

Sergeant, 615th MP Company, Sir.

21 ATC: Thank you. Captain has a couple of questions for
22 you.
23

112G

C33515
Questions by the defense counsel:

2GQ. Good day, Sergeant111111111 I just want to ask you a few
3 questions. First of all, tell us a little bit about this junction in
4 your career. How long have you been an MP and how long have you been
5 an NCO?
6GI've been an NCO since November of 2003, Sir.

A.G

7GQ. Okay and how long have you been in the MP Corps?
8GA.G

I've been in the MP Corps now for 7 years active duty, Sir.
9GQ. Okay and do you know the Lieutenant here, Lieutenant
10GYes, Sir.

A.G

11GQ ./How is that you know him? 12GA.G
He was my platoon leader in first platoon. I knew him
13 before we went to Iraq and during Iraq.
14GQ.G

Okay how long was he your platoon leader? How long did you
15 serve under him in his platoon?
16GApproximately a year, Sir.

A.G
17GQ.G

Okay how often did you interact with him as your platoon
18 leader, daily, weekly?
19GA.G

Daily, Sir.
20GQ.G-

Okay. Whattype of a leader was Lieutenant111111111
21GA.G

He was a hard leader; Sir. He didn't--he wasn't too
22 concerned with what the soldiers thought about him personally. He
23 was concerned about the soldiers and their welfare mainly.

113GC 0 3 5 1 6
1GQ.OOkay how did he feel about mission accomplishment and those
2 kinds of tasks?
G

A.G

It was--he was always mission first. He was all about 4 taking care of the soldiers and ensuring that they got back from Iraq 5 and preparing to go to Iraq, so he knew that if it was hard on them 6 before we went to Iraq and while we initially got to Iraq that they 7 would all be okay. 8GQ.OOkay, in fact, was your platoon all okay? 9GA.G
Yes, Sir. Everybody come back.
10GQ. Okay. Now you were present also at the 1,111,1 Police
11 Station on 30 July and witnessed this incident. Is that correct?
12GA.G

Yes, Sir.
13GQ.G

Okay, I'm not going to ask you to go into a lot of detail.
14 We just heard that from a prior witness, but I would ask you this.
15 Having seen what you seen, did it shock you, were you surprised, and
16 was that out of character for Lieutenantilla to do something like
17 that?
18GA.G

It was out of character for Lieutenantfillibto do that,
19G

Sir.
20GQ.G

Okay. At any time after this incident, A there ever--did
21 LieutenanANIIIWever ask you or come to you and ask you not to
22 report it or----
23GA.G

No, Sir.G

033517
114

1 Q. ---or to cover up for it at all?
2 A. Sir, never.

No,G

3 Q. Okay, so there was never any effort to cover it up, it was-
4 -everyone was always forthright?
5 A. No, Sir, there was no effort to cover it up.
6 Q. Okay and to your knowledge, were these three individuals

7 injured at all, the three Iraqis?
8 A. To my knowledge, no, Sir, there were no injuries.G

There
9 were no visible injuries at all.G

All of them seemed to be okay.
10 DC: Okay.G

All right, thanks.
11 MJ: Cross?
12

CROSS-EXAMINATION
13 Questions by the assistant trial counsel:
14

Q. SergeantAIIIIIIIP the MP mission in Iraq, was a large part
15 of that basically to train up Iraqi police?
16 A. Sir.

Yes,G
17

Q. And some of the old Iraqi police tactics that you were
18 trying to change were over aggressive police forbe, c!brrect?
19 A. Yes,G

Sir.
20 Q. Police--Iraqi police who reported to duty drunk?
21 A. Qui,te often,G

Sir.
22 Q. Iraqi police who whipped prisoners?
23 A. Yes,G

Sir.

G

115 033518
/

1GQ.OWho beat prisoners, and one of the ways the MPs were trying
2 to retrain these police officers was basically to teach them proper

3 arrest methods?
G

4 A.G

Correct, Sir.
G

Proper treatment of offenders----
G

5 Q.G

6 A.G

Yes, Sir.
G

7 Q.O----detainees. Basically the MPs were there to lead by
8 example, correct?
G

9 A.G

Correct, Sir.

/
10 Did LieutenantG
Q.Gset a bad example?

/
11 A.G
No, Sir--yes, Sir, he did, Sir, that is correct.
12GATC: Nothing further, Your Honor.
13GMAY:_ Redirect?

14GDC: Yes, Your Honor, briefly.
15G

REDIRECT EXAMINATION
16 Questions by the defense counsel:

17GQ.OThe bad example he set was just that one occasion, right? 18GA.G
Yes, Sir. 19GQ.O
In fact, no Iraqi police witnessed that incident, did they?
20GA.G

No, Sir.

21GQ.OAnd----22GA.G
No Iraqi police, no Iraqis, no interpreters, nothing.

116

1" 1
uu0J9
1 Q. Okay and there was--was there ever anything else, ever,
2 done by Lieutenant011110 to set a bad example?
3 A. No, Sir, he was always a good example.
4 Q. Okay now a hypothetical question. If you were promoted,
5 Lieutenant411111 gets promoted as well; he's a company commander.
6 You get attached to his unit to deploy to war again. Would you be
7 comfortable and confident in him as your leader----
8 A. I would have----
9 Q. ----if you go to war again?

10 A. ----absolute and total confidence in him as a company
11 commander, Sir.
12 Q. Okay thank you, Sergeant
13 A. I'd gladly serve under him.
14 DC: Hooah, thank you, Sergeant411111111.
15 MJ: Recross?
16 ATC: Nothing further, Your Honor.
17 MJ: All right, any members have any questions for this witness?
18 Negative response.
19 Temporary or permanent excusal?
20 DC: Permanent excusal is fine, Your Honor.
21 ATC: No objection, Your Honor.
22 [The witness was duly warned, permanently excused, and withdrew from
23 the courtroom.]

117 033520
1GMJ: Next witness?
2GDC: Yes, Your HonTr, the defense now calls Staff Sergeant
3 Dixon.
4 STAFF SERGEANT 1.111111111111111111ft U.S. Army, was called as a witness for
5 the defense', was sworn, and testified as follows:
6GDIRECT EXAMINATION
7 Questions by the assistant trial counsel:

G

8 Q.G

Please state your name, rank, and unit of assignment for
9 the record, please?
10Gstaff sergeant, 615th MP Company.

A.G
G

11 ATC: Thank you, Captain...lb-las a couple of questions for
12 you.
13 Questions by the defense counsel:
14GGood day, Sergean0IIIIIIIG

.VO.4

Q.G

A.G
16GQ. Do you know Lieutenant..
17GA.G

15GSir.

Yes, Sir.
18GHow do you know him?

Q.G
19GHe was my platoon leader in Iraq, Sir.

A.G
20GAnd what was your position?

Q.G
21GPlatoon sergeant, Sir

A.G

22G [END OF PAGE]
23
118 GCO3521

1GQ./How long did you work under LieutenantIIIII1Pas his platoon
2 sergeant?

3GA.G

About 3 months, Sir.

4GQ.G

Okay and all at time was in the deployed setting, is that
5 correct?

A.G

6GYes, Sir.

7GQ.G

Okay tell us a little bit about the mission of your unit

8 and your platoon, specifically, during those 3 months leading up to
9 this event that we're here today for.
10G

A. ,Sir, our mission was to reestablish the Iraqi police force,
11 get the stations up and runnijig. it that time, we were--we were

12 starting our fourth station reestablishing the force. 13GQ./
Okay. What did that mission entail, when you say
14 "reestablishing the Iraqi police force" what did that all entail?
15GA.G

Training, Sir, force protection on the station, patrolling

16 with them, helping them process citseslall kinds of--all aspects of
17 police operations.
G

18 Q.G

What kind of a state were they in as far as--were they in
19 shambles as a force----

20GYes,

A.Gsir.
21GQ.G

----when you guys began that mission?
22GA.G

Yes, sir.

119 003522
uu
/

1GQ.G

Okay. Now during that 3 month period, didyou get to know

2 Lieutenant allikpretty well?

3GA.G

Yes, Sir.

4GQ.OHow often did you interact with him----
5GA.G

Every-----

6GQ.O----as his platoon sergeant?
7GA.G

Everyday, Sir.

8GQ.OOkay. Many times a day perhaps also?
9GA.G

Yes, Sir.

10GQ./Okay did you come to form an opinion about him as a leader, 11 as a platoon leader?
/
12 A.G
Yes, Sir.

-Q.G
14 the court?

13_GAnd what is that opinion, if you could please share it with

/
15 A.G
A very high standard, stern leader, strong leader. I mean
16 that's basically--he's a very strong, high standard leader.

/17 Q.OOkay what about proficiency, tactically and technically
18 proficient?

19GA.G

Very tactically proficient.

/
20 Q.G
Okay what about his feelings about his soldiers care for

21 soldiers, taking care of soldiers, those kinds of things? How was he
22 in that regard?
23GA.G

That's probably his best trait is caring for soldiers.

120/ 003523
/
Q.G
2GA.G

1GHow so?

We;001maelken with Red Cross messages, Sir, he--he wanted to

3 issue the Red Cross message. The first sergeant wanted to do that,

4 but he took it personal and he felt that was his job to give his

5 soldiers the Red Cross message. That's how deeply he cared for them.

Q.OOkay now you weren't present in the room to witness this
7 incident, right?
8GA.G

No, Sir. 9GQ.OBut you were in the same station down the hall essentially, 10 right?
/
11 A.G
Yes, Sir. 12GQ.ODid you come into the room or when did you first encounter X3 Lieutenantillilliafter the incident, let me ask it that_way? 14GA.G
As he was exiting the D-Cell, Sir.
15GQ.G

Okay and now did you, then, go on to have a conversation
16 with Lieutenant after that?
17GA.G

I attempted, Sir, but I got no response from Lieutenant
18

INN

19GQ.OWhy is that, I mean was he--did he hearyour question? 20GA.G
Yes, Sir, he heard and I just--he just shook his head no.
21 He--obviously he did not want us to talk about the incident inside
22 the D-Cell.

121

333524
/

1GQG

Okay did he seem kind of out of it, would that be a fair---
2
3GA.G

I would say so. He was never really at a loss for words.

4 If you asked him a question, he would always give you an answer.
G

5 Q.G

So this was an extremely extraordinary state of mind for
6 him?

A.G

Yes, Sir.
8GQ.G

Did he ever--did anyone ever, especially Lieutenant
9 did he ever ask you not to report this?

/
10 A.G
No, Sir.

/
11 Q.G
Was there ever any action to cover it up?
G

12 A.G

No, Sir.
G

13 Q. Aay4Oction to discourage soldiers from speaking about what
14 happened?
15GA.G

No, Sir.
16GQ.Ghimself fully cooperated

Okay,4in fact, LieutenantG
17 from your knowledge right?
18G1.G

Yes, Sir.
19GQ. Never denied what happened?
20GA.G

Never.
21GQ. Were you present here in this courtroom about 15 May for an
22 Article 32----
23GA.G

Yes, Sir.G

33525
122

1GQ.G

----hearing? And do you recall a statement being made to
2 you by LieutenantUnat that hearing?
3GA.G

Yes, Sir.
4GOkay where he essentially stood up and talked to you?

Q.G
5GYes, Sir.

A.G
6GDo you remember that?

Q.G
7GUm-hmm [indicated an affirmative response].

A.G
8Q.G

Okay I just wanted to ask you that. The court will hear
9 more about that later, but I just wanted to ask you about that.
10G

One last question and that is, if you were to be put under
11 Lieutenantigilligleadership again, if you were to be asked to go to
12 war maybe he's promoted to a company commander position, you're a
13 first sergeant, would you be comfortable with him as_your.company
14 commander in a deployed combat environment once again?

G

15 A.G

Very much so, Sir.
16GDC: Okay thank you very much, Sergeant
17GCross?

MJ:

18G

CROSS-EXAMINATION
19 Questions by the assistant trial counsel:

20GQ.-SergeantGLieutenant Niles was the platOOn leader,
21 correct?
22GA.G

Yes, Sir.

/
123 C33526
1 Q.OAfter this incident occurred, I mean he should have 2 reported it, correct? 3GA.G
[No response.]
4GQ. Lieutenantillillihould have reported this, not you?
5GYes, Sir.

A.G

6GQ.OBut instead that burden fell upon you, correct? 7GYes, Sir.
A.G

8GQ.OAnd that put you in a very compromising position? 9GYes, Sir.
A.G
10GBecause basically you had to choose between the platoon or

Q.G

11 Lieutenant

12GA.G

Yes, Sir.
13GQ.G

I mean you had, I mean, you had Lieutenan11111111who you
14 were training up, correct, I think you described trying to guide him
15 in his career?
16GYes, Sir.G

A.G

• i!
17GQ.G

Also--and that's just looking out for him?
18GYes, Sir.

A.G
19GQ.G

And I think you described, at the Article 32 hearing, that
20 the incident still to this day bothers you?
21GYes, Sir, I still think about it, yes, Sir.

A.G

22 [END OF PAGE]
23
124G C 33527

/
1GQ.G

That's because, I mean, you feel like you carried this

2 burden with you, I mean, you felt I think you described guilt?
G

3 A.G

Yes, Sir.
G

4 Q.G

A sense of failure?
G

5 A.G

Yes, Sir.
G

And you did nothing,
7 incident but you still carried these feelings because the burden was
8 placed upon you, and as a result, you know, things have happened,
9 correct?

10GA.G

6 Q.GI mean, you didn't partake in that

Yes, Sir.

/
11 After Lieutenant 111111pas relieved of duty, who took over 12 as platoon leader? 13GA.G
I had to, Sir. 14GQ.OAnd you were still acting platoon sergeant? 15GA.G
Yes, Sir. 16GQ.OCounsel--there's been testimony as far as the stressors in 17 Iraq. After you were acting platoon sergeant and platoon leader, you 18 didn't work any less hours did you? 19GA.GSir.
No,
20GQ.G

You were still working those 12 to 14 hours a day?
21GA.G

Yes, Sir.
22G [END OF PAGE]
23

125 G033528
You--they didn't cut your days in half as far as only
2 working 3 or 4 days a week did they?
3GA.G

1GQ.G

No, Sir.
G

You weren't given any special quarters to combat the heat,
5 were you?
6GNo, Sir.

4 Q.G

A.G
7GQ.G

Basically you took on the stresses just like everybody
8 else?
9GA.G

Yes, Sir.
10GWere you given special transportation to give you extra

Q.G
11 protection from the additional dangers in Iraq?
12GA.G

No, Sir.
13GQ.G

You faced them just like everyone else?
14GA.G

Yes, Sir.
15GQ.G

But you were pulling double duty because Lieutenant
16 no longer was there?
17GA.G

Yes, Sir. 18GQ.OWith everything going on and with these additional duties 19 you were facing, SergeantNM did you ever strike any of the
20 detainees?
21GA.G

No, Sir.
22GATC: I have nothing further, Your Honor.
23GMJ: Redirect.

126G 003529
1GDC: No redirect, Your Honor.
2GMJ: Do any members of the panel have any questions for the
3 witness?
4GBailiff will you retrieve that from Lieutenant Colonel, I'm
5 sorry I can't read the nametag from here.
6GMEMBER [LTCGgimilip Ma'am.
7GMJ: Thank you. Take it to trial counsel and then defense
8 counsel and back to me.
9 [The bailiff did as directed.]

10 [The CR marked a question by LTC 1111111.111Was AE V.]

11GEXAMINATION BY THE COURT-MARTIAL

12 Questions by the military judge:

13GAll right, do you know how long-it was between the time

Q.G
14 First Lieutenant1111111Was notified of the escape attempt and the
15 incident?
16GA.G

Ma'am, I believe it was the day before he went out to the
17 station. It happened the day--it happened one day and the very next
18 morning, he went out to the station.
19GMJ: All right, any further questions?
20 [All members indicated a negative response.]
21GMJ: Evidently not.
22GDoes either side have any questions based upon the member's
23 question?

127 U3 5 3 0
DOD 002239
1 ATC: No, Your Honor.
2 DC: None from the defense, Your Honor.
3 MJ: Permanent or temporary excusal?

All right.G
4 DC: Permanent excusal is fine, Your Honor.
5 ATC: Permanent, Your Honor.
6 [The witness was duly warned, permanently- excused, and withdrew from

7 the courtroom.]
8 MJ: Next witness.
9 DC: Your Honor, the defense now calls Major

10 MAJOR U.S. Army, was called as a witness for the
11 defense, was sworn, and testified as follows:
12

DIRECT EXAMINATION

13 Questions by the trial counsel:

14 Q. Can you please state your name for the record?
15 A.

16 Q. And what is your rank, Sir?
17 A. Major.

18 Q. And what is your current unit of assignment?

19 A. Currently I'm on casual.GI'm in

I was in the 409th here.G

20 route to Korea.

21 TC: The defense has some questions for you, Sir.

22 WIT: Thank you.

23 128/ 003531
1 Questions by the defense counsel:
G

2 Q.G

Good day, Sir.
G

3 A.G

How are you?
G

4 Q. Now you mentioned you are presently on casual, what job did 5 you just recently finish?
A. 11111111111111111111111 here for the 409th Base Support Battalion.
7GQ.G

Here in Vilseck, Sir?
8GYes.

A.G
9GNow before that position what was--what was your job?

Q.
A.G
11 Germany.

10GI was the XO for the 793rd MP Battalion in Bamberg,

Q.G
13 that battalion?
14GYes.

12GThank you, Sir, and did the 615th MP Company fall under

A.G
15GSo, Sir, do you know Lieutenant111111111/

Q.G
16GYes.

A.
G

Q.

A.
G

17GAnd do you know him from that previous position with 793rd?

18GYes.

19GThank you, Sir. Tell us a little bit about, if you will,

Q.G

20 Sir, your relationship with Lieutenant UM how well did you get to
21 know him?

A.G

22GI would say from an XO to a platoon leader stand point

23 better than most platoon leaders because he was the maintenance G129 003532
1 officer and supply officer among other positions and USR officer

2 among all the other "hey you" jobs that lieutenants are given.
G

Yes, Sir. And in the interactions that you had with him,
4 did you have an opportunity to form an opinion? Did you meet with
5 him sufficiently so that you could form an opinion about him as an
6 officer?
7GYes.

Q.G

A.G
8GQ.G

And, Sir, what is your opinion of him as an officer?
9GA. Very high. I thought very highly of Lieutenant IMMO
10GQ.G

Thank you, Sir. In addition to the relationship that you
11 just mentioned, was there also some field exercises when you were
12 involved in evaluating, if I may--if I'm correct, Lieutenant
13 performance?
14GYes, the--I was the battalion XO but the battalion proper

A.G
15 deployed to Kosovo for about 9 months, and I was also the rear
16 detachment commander. One of the additional missions that we had was
17 to prepare the 615th MP Company for a short notice deployment to
18 Iraq, and we had limited staff in which to do that, so we threw
19 together a Ex-Eval for the 615th MP Company that took place up here
20 in Grafenwoehr in February of '03.
21G [END OF PAGE]

130 G033533

Yes, Sir, and that was just right be--immediately before

2 the deployment to Iraq?
G

1GQ.G

Yes, that's correct. Yeah I was the senior--I was
4 responsible for the exercise and basically the senior observer
5 controller for the company headquarters and the--and the platoons.
6GQ.G

3 A.G

Okay, Sir. As that observer controller, did you personally
7 supervise Lieutenant G

going through the exercise?
G

8 A.G

I--I did on--it was kind of set up as a lane training

9 event, and I--I purposely was involved--closely involved with the 10 platoon leaders particularly Lieutenant1111111 platoon. 11GIt's a side note; I personally wanted to work those guys 12 hard because I knew they were going into a--they were going to war,' 13 and I wanted to make sure that, you know, they had the best 14 opportunity to excel in a wartime environment. I wanted to make 15 their training very, very hard, so I personally spent a lot of time 16 stressing the platoon leaders. 17GQ./Yes, Sir. And what was your evaluation of Lieutenant 18 during that exercise? How did he--how did he do? 19GA.G
I--I thought he did very well. He was--he was very--always
20 very calm, very collected in his--in his actions. They--that he
21 thought through them very well. Never--never saw him fly off the
22 handle on anything like, you know, like young lieutenants sometimes
23 have a tendency to do, or you know, misjudge something or be

131

033534
1 indecisive. I never saw that. He was always--he always thought
2 through the problem and never let it stress him. He just--he
3 accomplished the mission.

G

4 Q.OYes, Sir. Now would it be fair to say, based on that
5 experience during the X-Eval and also your time as battalion XO you
6 said before that you thought very highly of him as an officer, it's
7 all based on that experierice?

G

8 A.G

Yes.
G

9 Q.G

Thank you, Sir. And what other--what criteria do you use
10 to make a personal opinion about an officer? J;What do you base it on?

/
11 A.G
I would have to say I fall back to primarily to character,
12 and I once had a senior general officer tell me once he said, you
13 know you can train anyone to be an officer, but he said, if you
14 really, really wanted to judge your success what he would do is he'd
15 like to be able to plug you in a wall like a wall socket, plug you in
16 and check your character meter to see how high you'd read, and then
17 he knew if you would be truly successful based upon how high your
18 character meter came out.
19GI think that's appropriate. I think that, in my opinion,
20 LieutenantG

has a very high level of character.
21GSir, in your time supervising him, did he ever do anything

Q.G

22 at all to cause you to question that--that opinion, that feeling?
G

23 A.G

No.
132

:1 1.1r r
kitik.)
Sir, one last question and that is, if you were made a
2 battalion commander given the opportunity to go to combat with an MP
3 battalion, would you be comfortable withI/IIIMIIIP as one of your
4 company commanders?

G

1GQ.G

5 A.G

I would use the--I use the foxhole test of measurement.
6G.in my fighting position with me

You know would I wantG
7 when the enemy was coming, and the answer is absolutely yes.
8GQ.G

Yes, Sir.
G

9 A.G

And to answer your question, is yes, I'd want him to be one
10 of my company commanders.
11GDC: Thank you, Sir, the defense or the government may have some
12 questions.
13GMJ: Cross?
14G CROSS-EXAMINATION
15 Questions by the trial counsel:
16GQ.G

Sir, were you actually in Iraq when the incident happened?
17GA.G

No.
18GQ. Were you a supervisor or do you have any knowledge of the
19 facts of the actual crime that Lieutenant... committed?
20GA.G

I do not. Not speCifics.
21GOkay. So you weren't there when the crime occurred and you

Q.G

22 don't know the specifics of the crime, correct?
23GA.G

No, I do not.
133

r 47.2
tja J
1GQ. And yet when you're making your measurement of a person at
2 a sentencing phase at a court-martial, don't you think it's important
3 to have somewhat of a grasp of what happened?

G

4 A.G

Yes.
5GQ.G

But you don't have a good grasp of the facts of what

6 happened, do you?
G

7 A.G

Not of the incident in question, no.
8GTC: Thank you.
9GMJ: Redirect?

10GREDIRECT EXAMINATION
11 Questions by the defense counsel:
12GQ. Sir, if I were to tell you that Lieutenantnhad--had
13 an incident during a 5 second period where he struck two Iraqi
14 detainees, civilians, in the stomach and kicked a third person as he
15 was being pulled away all within a span of about 5 seconds, that they
16 weren't injured, that he readily admitted that he had made a mistake,
17 never denied it, fully cooperated with the investigation, would that
18 change your opinion that you have previously given a few minutes ago?
19GA.G

I would initially be very surprised that that occurred--
20 that that would have occurred with him, but I would consider it an
21 isolated incident that--that was just that.
22G [END OF PAGE]
23

134G

CO3537
/

1GQ.OYes, Sir. Would it be fair to say that good people make
2 mistakes sometimes?

3GA.G

Yes.

4GQ.OAnd good officers sometimes make mistakes?
5GYes.

A.G

/
6 DC: Thank you, Sir.
/

7 MJ: Redirect, recross I mean.
/

8 TC: Just briefly, Your Honor.
/

9
RECROSS-EXAMINATION

10 Questions by the trial counsel:

.6keO55
11GQ. You 4.1kgd you were surprised this happened, right? 12GA.G
Yes.
13GQ.G

That you never saw it coming, did you?
14GA.G

I was--I was surprised when I was informed about that--that
15 he was involved in the incident.

/
16
Q. Okay but when you were--knew him previously before he went

17 to Iraq if someone had come to tell you that this was going to happen

18 when he was downrange in Iraq, what would you have told them?
19GA.G

I wouldn't have believed them. I would have told them it
20 was BS.
G

21

[END OF PAGE]

22

135/
033538
1G

Q./So if you didn't see it coming the first time, can you be 2 sure it won't happen again? 3GI--I think that he will be a much better officer for--for
A.G
4 what has occurred. I think humility definitely is an attribute.
5GBut can you be sure it won't happen again?

Q.G
G

6 A.G

Nothing's for certain.
7G

TC: Thank you.
8GMJ: Do any of the panel members have questions for this

9 witness?
10GNegative response.
11GTemporary or permanent excusal?
12GDC: Your Honor, permanent excusal is fine.

13GMJ: All right.
14GTC: No objection, Your Honor.
15 [The witness was duly warned, permanently excused, and withdrew from
16 the courtroom.]
17G

MJ: Next witness.
18GDC: Your Honor, the government or I'm sorry, the defense calls
19 Lieutenant 411111111111110!
20G [END OF PAGE]

21

G.--) 15 39
136 u
ti

1 FIRST LIEUTENANT U.S. Army, was called as a
2 witness for the defense, was sworn, and testified as follows:
3GDIRECT EXAMINATION
4 Questions by the trial counsel:

G

For the record, can you please state your full name?
6

5 Q.G

A
7GQ. And what is your rank?

8GA.G

First Lieutenant. 9GQ./And what's your current unit of assignment? 10 G7th ATC.
A.G
11GTC: Defense has some questions for you.
12GWIT: Yes, Sir.
13 Questions by the_defense counsel:
14GQ.G

Good day, Lieutenant
15GA.G

Sir. 16GQ./Before being assigned to 7th ATC, what was your job? 17GA.G
Platoon leader with the 615th MP Company. 18GQ./Okay what timeframe did you serve as a platoon leader? 19GA.G
From December of 2001 until this past April.
20GQ. Okay now during that time, was Lieutenant"... for a
21 period of time, one of your fellow platoon leaders?

22GA.G

Yes, Sir, from the time I got to Germany until the time of
23 the incident he was a platoon leader.
137G

C 33 5 Pi0
Q.G

1GSo that was about a 2-year period roughly?

2GA.G

Yes, Sir.
3G

Q.G

Okay how often, during those 2 years, did you, you know,

4 have communication dealings with Lieutenant"...
G

5 A.G

Pretty much daily, Sir, during the workweek and

6 occasionally on the weekends.
G

7

0. Did you know him also away from work on a personal level?
G

8 A.G

Yes, Sir, I do to a small extent. Before the deployment, I

9 would go over to his house for barbeques and things like that just
10 every once in a while.
11G

Q.G

Okay. Now how many platoon leaders were there in your

12 company or how many other fellow platoon leaders have you worked
13 with?
14G

A.G

Sir, there were fourt4t a time, and I was a platoon leader
15 for about 2 and a half years, and during that time, there were about
16 seven or eight other platoon leaders that I worked with pretty
17 closely in the company.
18G

Q.G

Okay. Now did your platoon have any kind of special
19G

relationship with LieutenantG

platoon as far as did you--did

20 your platoons work together more often?
G

21 A.G

Yes, our platoons were co-located together in Grafenwoehr.

22 The other platoons were in Vilseck and Hohenfels, and also when we

23 went to Iraq, our platoons were co-located together down in southern 138 CO3541
1 Iraq about 3 hours away from the company headquarters, and we were
2 the first maneuver units on the ground in the area, so we were pretty
3 much just on our own. We had to rely on each other.
4GQ.G

Okay. I'm going to ask you, briefly, to articulate a
5 little bit about the mission. Now you said you went to Iraq or when
6 did you first go to Iraq? Let me ask you that first.

G

7 A. We deployed in--around March 10th, Sir, and we actually
8 went into Iraq about 10 days after the war started.
9G

Q. Okay what was the mission that your platoon and Lieutenant
10 11111111platoon was conducting during those initial stages?
11GIt was area security and reconnaissance operations, Sir,

A.G
12 and we were staged in the city called Al Hamza between the UN and As

13 Samawah, _and we had the entire area in between those two cities.
14GHow big was that area?

Q.G
15GA.G

I'm not sure exactly, Sir. We--the company had the largest
16 operational area of any company-sized element in the war, and the
17 area that we had was the biggest portion of our company's area.
18G

Q.G

Okay and essentially it was you and Lieutenant411111, like
19 you said, your platoons are out there on their own?
20GYes, Sir.

A.G
21GOkay now you said you had to rely on each other. Did you

Q.G

22 feel comfortable relying on Lieutenant
23GA.G

Yes, Sir, completely.
G

139 003542
1GQG

Please describe or tell us why it is--why do you feel that
2 way?
3GA.G

Sir, when you're in that situation, you just want to make
4 sure that the guy that might have to come and bail you out is, you
5 know, completely confident and completely trustworthy, and at the
6 time I was actually very happy that I was co-located with his platoon
7 rather than one of the other ones because, you know, I knew that he
8 would get the job done, and I'm pretty sure all my soldiers felt the
9 same way, and you know, there were just never any issues.

10GWhen we were to have to call him for something he was
11 always there, and he just always got the job done. And I kind of
12 felt that way, wanted him to be co-located with me, because prior to
13 the depdoyment he was just always the go to guy in the company not --- -
14 just for myself, but he was kind of the guy all the lieutenants went
15 to even before the commander just if we had a question or problem,
16 and you know, he was the guy. He'd set all his work aside and help
17 you out until--until you really got it, so that was kind of what led
18 me into wanting him to--to be there with me in Iraq.
19GQ.G

Okay now you said you had worked with other fellow platoon

20 leaders, right?
21GA.GYes, Sir.
22G [END OF PAGE]
23
140G C°3543

/
1GQ./How would you rate Lieutenant Niles with his peers, his
2 other fellow platoon leaders? How would you rate him compared to
3 them?
4G

A.G

Sir, as far as the ones I worked with in the company, he

5 was definitely the best of them, Sir.
G

6

Q. Okay now after he was removed from his platoon because of
7 the incident, you're aware of that right?
8GYes, Sir.

A.G
9GWhat job did he get after that?

Q.G
10GNight battle captain for the battalion, Sir.

A.G

11/Q./Okay now, you being out there as a platoon leader, what did
12 the night battle captain do for you?
13GASir, it was pretty important to me. During that time„we,

.G
14 had two platoons in the battalion that were patrolling at night, and
15 at that time in West Baghdad there were no maneuver units out there,

16 so we were the only ones out in West Baghdad, so as the night battle
17 captain, he was the one that, you know, we answered to, we took
18 directives from him, everything had to be funneled through him, and

19 just being on the ground out there was just never something I thought
20 about or questioned. It was just never an issue. It was never
21 brought out among any of the squad leaders saying, "hey what's he
22 doing there" since because of the incident or anything like that.

141G

CJ3544
ej

1 just all had complete faith and confidence in him. There was just

2 never any problems or anything like that.
G

3 Q.G

He never let you down? He never disappointed you?
G

4 A.G

No, I mean, absolutely not, Sir, and it wasn't even
5 something that crossed my mind to think, you know, I can't believe
6 he's there or anything like that, and as far as the night battle
7 captain in a battalion, in an MP battalion in that type of situation,
8 that's not a position where you want a--there are positions on a
9 battalion staff where you can hide an officer, and that's just not

10 one of them. You need someone that you trust completely and who is
11 completely competent, you have all your faith in, so obviously the
12 higher ups in the battalion and the people on the ground had that
13 faith and confidence in him as well.

14GQ.G

Okay now you also, correct me if I'm wrong, but you were
15 his roommate down in Iraq too as well, you shared quarters if you
16 want to call them that?
17GA.G

Yes, Sir, when we were down in the south we lived together
18 first in an old chicken coop and then in a school, but the main part
19 of our time was in Baghdad, and the commander wanted the lieutenants
20 to live separate from the soldiers to give them some free space. The -
21 two other lieutenants lived in one shack, and Lieutenant 1111.nd I
22 lived in a separate one, and then after the incident when Lieutenant
23Ggot there, he came and lived with us as well.

Anil

142G 033545
1GQ.G

Okay during that time that you lived together, I'm sure you

2 spent a lot of your off duty time with Lieutenant right?
G

3 A.G

Yes, Sir.
G

4

Q. Did you come to know him on a personal level as well even
5 more so than you had in Grafenwoehr?
6GA.G

Yes, Sit.
VGQ.G

What is your overall opinion, then, as an officer and as a
8 person of
G

9 A.G

Sir, I just think he's a great guy. I mean when we were in
10 the shack, he would spend a lot of his time talking about his family,
11 how proud he was of his children, how much he loved his wife. He
12 would tell me about just how they met, some of his hopes and dreams
13 -for the future, and you know, down there most of the people weren't
14 talking about those kind of things. So I've always just had the
15 impression that he was just a good guy, Sir.

16GQ.G

Okay if you were to deploy again, would you have confidence
17 in Lieutenant.. on a battalion staff officer or as a fellow
18 company commander if you were to deploy again?

19GA.G

Absolutely, Sir, yes.

20GDC: Okay thanks.
21GMJ: Cross?
22G [END OF PAGE]
23
143G L,r‘33546

/

1GCROSS-EXAMINATION
2

Questions by the trial counsel:

3GQ. Now you said you were in Iraq with LieutenantG

as
4 well, correct?
5GA.G

Yes, Sir.
6GQ. You were a platoon leader there?
7GA.G

Yes, Sir.
8GQ.G

It was hot?
G

9 A.G

Yes, Sir.

/
10 Q.OIt was dangerous? /
11 A.G
Yes, Sir.
G

12 Q.OStressful? G
13 A.G

Yes, Sir.
G

14 Q. How many--how many men or how many soldiers did you lead? G
15 A.G

Around 30, Sir, 25 to 30.
G

16 Q.OAround 30, and who--who is--when it comes down to it, who 17 is responsible for that entire platoon? 18GA.G
Platoon leader, Sir.
19GQ.G

Okay and as a platoon leader is it your job to set the
20 example for your soldiers?
21GA.G

Yes, Sir.
22G [END OF PAGE]
23

G

144 CO35 4;7
/

1GQ.G

So if you're committing misconduct and abusing and beating

2 Iraqis in front of your soldiers, you're not setting a good example,
3 are you?
G

4 A.G

No, Sir.
G

5 Q .OOkay with your platoon, did you deal with detainees?
G

6 A.G

Yes, Sir.
G

7 Q.G

With Iraqis, local nationals?
G

8 A.G

Yes, Sir.
G

9 Q. Did you ever loose your temper and punch or beat an Iraqi?

/
10 A.G
No, Sir.

/
11 Q.G
To your knowledge, did anyone in your platoon do that?
G

12 A.G

No, Sir.
G

-1-3 Q.G

Okay, so you're under the same stress as Lieutenant
14 was, but you never did those things, did you?
15GA.G

No, Sir.
16GQ.G

And you said you were also--we had talked previously last
17 week, you said that you were surprised that this happened with
18 Lieutenant'''. correct?

19GA.G

Yes, Sir.

20GDidn't see it coming?

Q.G
21GA.G

No, Sir, not with him.

22G [END OF PAGE]
23
145G

CO3548
/
Q.G

2 sure that it's not going to happen again?
G

1GIf you didn't see it coming the first time, how can you be

3 A.G

I'm sure it's not going to happen again, Sir.
G

4 Q./But you were sure the first time too, weren't you?
G

5 A.G

I didn't say I was sure, Sir, I was just surprised that it
6 happened.
7GQ.G

Okay.
G

8 A.G

It never even crossed my mind that something like that
9 would happen.
10GBut it surprised you?

Q.G

/
11 A.G
It surprised me, Sir. 12GTC: No further questions. 13GMJ: Redirect? 14GDC: Yes, Ma'am, thank's. 15GREDIRECT EXAMINATION 16 Questions by the defense counsel: 17GQ./You're confident that it would never happen again because 18 he--this has had a serious impact on him, right? He's learned a lot-19G
-
20GYes, Sir, that was one of the things he talked about in

A.G
21 that small shack there, I mean, he was very remorseful for it. He
22 fully understood that he let his soldiers down, and his actions--he
23 let his family down, and he got emotional about it on more than--more

146G 003549
1 than a few times, and he was--I can say he was very remorseful and

2 there's absolutely no doubt in my mind that he would never do

3 something like that again.
G

4 DC: Okay thanks, Lieutenant
G

5 MJ: Recross?
G

6 TC: Just briefly.

7G

RECROSS-EXAMINATION

8 Questions by the trial counsel:
G

9

Q.G

You said he was remorseful about what happened and the
10 position he put his troops in and for his family, correct?
11G

A.G

Yes, Sir, he was remorseful about the example he set for
12 his soldiers and letting his family down.
13GQ.G

Anything else he was remorseful for that he expressed to
14 you?

15GA.G

He was remorseful about his actions, Sir, in general.
16G

Q.G

Was he remorseful for the victims he beat; did he express
17 that to you?

18G

A.G

He said he felt that he did wrong--what he did was wrong. 19GQ./
Okay did he express remorse for the victims he beat?

A.G

20GNot--not in those words, Sir, no.

21GTC: Thank you.
22G

MJ: Any questions by the panel members?

23 [All members indicated a negative response.]
147G

c, 335:; 0
/
1GMJ: All right permanent or temporary excusal?
2GDC: Permanent excusal is fine, Your Honor.
3 [The witness was duly warned, permanently excused, and withdrew from
4 the courtroom.]
5GMJ: Next witness?
6GDC: Your Honor, the defense now calls Lieutenant

7GU.S. Army, was called as a

FIRST LIEUTENANT
8 witness for the defense, was sworn, and testified as follows:
9GDIRECT EXAMINATION

10 Questions by the trial counsel:

/
11 Q.G
Please state your full name for the record.
G

12 A.G

My name is First Lieutenant
G

13 Okay and for the record what is your full rank?

Q.G
G

14 A.G

First Lieutenant.
G

15 Q.G

And what is your unit of assignment?
G

16 A.G

Sir, currently I'm assigned to 793rd MP Battalion with
17 duties to the 279th BSB
18GTC: Thank you, defense has some questions for you.
19 Questions by the defense counsel:
20GQ.G

Good afternoon.
21GA.G

Good afternoon, Sir.
22G [END OF PAGE]

148G

33551
Q.G

Before your present duty assignment or present position you
2Goffice in Bamberg, right?

were with theG
G

3 A.G

Correct, Sir.
G

4 In Bamberg, what was your job?

Q.G
G

5 A.G

Sir, I was assigned to 1st Platoon, platoon leader for the
6G

615th MP Company forward deployed to Iraq.G I
7GQ.G

Okay, do you know Lieutenant111111Phere?
8GA.G

Yes, I do, Sir. 9GQ.-How is that you know him? 10GSir, I known Lieutenanillillipersonally when we first
A.G
11 arrived to the battalion socially and personally through many of the
12 functions that we did. We were sisterplatoon lelders within the
13 battalion. We knew each other from numerous-exercises that we did
14 very competitive within each other and then even more personally as

15 my roommate down in Iraq.
16GQ.G

Okay now, correct me if I'm wrong, but you took over his
17 platoon, right----
18GA.G

That's correct, Sir. 19GQ.-----after this incident that happened at Al Taji? 20GA.G
Yes, Sir.
21G [END OF PAGE]
22

149

1GQ.G

Tell us, if you will, the state that you found the platoon.
2 What readiness; caliber of the soldiers, what kind of state did you
3 find this platoon in?
4GA.G

Well, Sir, I found the platoon very well disciplined and
5 prepared to do its mission. Initially when I deployed to Iraq, I was
6 told that the platoon was very shaken, very fragile, and I needed to
7 concentrate a lot of my efforts on the reestablishment of the
8 platoon. But counter to that belief, that platoon was very well
9 trained, very well prepared.

10G

I attribute a lot to the NCOs as far as their stamina to
11 endure. However, the preparation for it, I heavily attribute it to

12 IMO

13GQ. Okay now when you became his roommate after you'd taken 14 over the platoon, did you continue to have a friendship, a personal 15 relationship with Lieutenant
16GYes, I did, Sir.

A.G
17GQ.G

Did you have sufficient opportunity to work with him and be 18 around him to form an opinion about him as a person and as an 19 officer? 20GA./Yes, Sir. Yes, Sir. 21GQ.G
What is your opinion of him as a person and as an officer?
22GA.G

Sir, as a person, I find him an incredibly approachable
23 individual, very well liked, very friendly. He was always very
150 r r

U33553

1 considerate of his roommates through his different operations that he
2 had. Mostly he worked a lot of the night operations and we were
3 going back and forth, and he was very considerate and everything.

G

4

I--when I first deployed, being a single officer, I did not
5 receive much packages or mail or anything, and he'd always share
6 different items for comforts of the soldiers. And even with that,
7 we'd always have nightly discussions on tactics and best ways to
8 administer the platoon, so very considerate and very--very passionate
9 about his profession and his desire to remain in the military.

/
10 Q.G
How do you feel about him confidence wise, I mean, would
11 you have confidence serving with him----
12G1 Yes, Sir, without a doubt.
13G----again---

c2.G
14GA.G

Yes, Sir. 15GQ./----based on a combat environment? 16GA.G
Yes, Sir. Without a doubt through our relationship in the
17 battalion and the preparation of the platoons both being fellow MP
18 officers, I have no doubt that he would excel in this craft.
19GDC: Okay great. Thank you very much.
20GMJ: Cross?
21G

[END OF PAGE]

22

151
&, u.'3554
/

1G

CROSS-EXAMINATION

2

Questions by the trial counsel:

3GQ.G

When did you go to Iraq?
4G

A.G

Sir, deployed in--the actual date we were preparing to--
5 that I prepared to leave was the 11th of September. I knew it
6 because it was the same date as the attacks on the World Trade
7 Center.

G

8 Q.OOf 2003?
G

9 A.G

Of 2003, but it was the exact same date when I flew.

/
10 Q.G
Okay and what'd you do in Iraq?

/
11 A.G

Sir, I was the platoon leader for 1st Platoon. 12 Q.OOkay and was that formerly Lieutenant latoon? 13GA.G
Correct, Sir.
14G

Q.G

Okay, you said that you had heard that it was "shaky". Who
15 did you hear that it was shaky from?
16G

A.G

We heard--I heard it initially from my S3, my boss, Major
17 INIMMIOsaying that there was a situation involving Lieutenant'''.
18 not sure of all the facts, but that the platoon was not in great
19 states because of the fact that the platoon leader was relieved.

20G

Q.G

When you took over the platoon, who was your platoon
21 sergeant?
22GIt was Staff Sergeant

A.G

23
152

P•¦-
••.1
(Jo jsj;.-1
/
1GQ. Was Staff Sergeant."' a good platoon sergeant?

2GA.G

Yes, Sir.

3GQ. Now from--how long from when Lieutenantill was removed

G

4 until you took over, how long of a gap was there?
G

5 A.G

I don't know per say specifically because I don't know

6 exactly the exact date, but I would say roughly around a month and a

7 half, 2 months around timeframe.

8G

Q. So for that time Staff Sergeant...was platoon leader
9 and platoon sergeant, correct?

/
10 A.G
That's correct, Sir.
11G

Q.G

Do you attribute a lot of the fact that that platoon was
12 held together, is much of that due to Staff Sergeant
13GA.G

Without a doubt, Sir.- -
14G

Q. Now the government's interviewed you prior to this, and you

15 stated before that you--you weren't clear on the facts of the actual
16 assault, were you?
G

17 A.G

Correct, Sir.
18GQ.G

Okay we've also discussed that in your opinion that

19 Lieutenant111111111as a temper. Is that correct?
G

20 A.G

Can't really--I never witnessed it or any of it, but I

21 would infer it due to the fact that he's a very passionate

22 individual, but I would say that you could--you could infer, you can

GC 33556
153

1 reference that he is very padsionate and when he does attack any
2 task, he's very aggressive on it.
3GQ.G

So on previous occasions, you have state's Lieutenant
4 has a temper?
G

5 A.G

Not--not specifically, Sir, I mean I never witnessed
6 anything specific, but I would infer, yes, Sir.
7GTC: All right, thank you.
8G

REDIRECT EXAMINATION
9 Questions by the defense counsel:
10GJust to clarify one point on redirect. This rumor, if you

Q.G
11 will, that the platoon was shaky, that was not true when you got down
12 there and found the platoon, was it?

13GA.G

No, not at all, Sir.
14GQ.G

In fact they were tight and squared away, right?
15GA.G

Yes, Sir.
16GDC: Okay thanks.
17GMJ: Recross?
18GTC: No, Ma'am.

19GMJ: Any questions from any of the panel members?
20 [All members indicated a negative response.]
21GMJ: Evidently not. Temporary or permanent excusal?
22GDC: Permanent excusal is fine, Your Honor.
23GMJ: All right any objection?

154 r p••

LivOjoi

1GTC: No, Your Honor.

2 [The witness was duly warned, permanently excused, and withdrew from
3 the courtroom.]
4GMJ: Next witness.

5G

DC: Ma'am, before we call the next witness, we've been going
6 for a while, it's after 1300, do we want--do the members want to take
7 a break or we can drive on. It's really up to the court.

8G

MJ: Well members, would you like to take a lunch break?

9GPRES: How many more witnesses, Your Honor.
10GMJ: That's a good question.
11G

How many more witnesses, Captain 1111111111
12G

DC: Your Honor and members, we have two more officers that are
13 present. Lieutenant 11111111111111M the battalion commander, is
14 stateside on leave, we're going to connect with him via the
15 telephone, at roughly 1400, and you're going to hear from the
16 accused's wife and the accused and then that would be it.

17G

PRES: Would like to take a break, Your Honor.
18G

Mil: Okay why don't we take a break for whatever reason until
19G

1400, then we can put LieutenantG

on the phone,
20 because that's when he's ready to talk to us, and then we'll hear the
21 other remaining witnesses.
22G

[END OF PAGE]

155

3 c 5-7 A
1GDC: Thank you, Your Honor. 2G
MJ: So we'll be in recess until then.
3 [The court-martial recessed at 1307, 1 July 2004.
4G

[END OF PAGE]

/
156 033558
1 [The session was called to order at 1404, 1 July 2004.]
2GMJ: Court is called to order. You may be seated. Let the
3 record reflect that all parties present at the time of the recess are
4 again present with the exception of the members.
5GNow I understand that there were a couple more exhibits,

6 Captain Mb that you needed to mark.

7GDC: Yes, Your Honor, they've been previously marked. There's
8 an audiocassette tape that we discussed previously in an 802 session.
9 It's a tape recording of the unsworn statement made by the accused at

10 the Article 32 hearing in this case. We'd like to offer that as--
11 previously marked as Defense Exhibit Bravo [for identification] as
12 discussed during the 802, we plan to play his unsworn statement to
13 the members as an unsworn statement through qounsel at this hearing.
14GMJ: All right, any objection?

15G

TC: No, Your Honor, just per our 802 my understanding that the
16 sequence will be short explanation, play the tape, and then
17 Lieutenantillilliwill do his unsworn in person to the court.
18 Correct, Your Honor?
19G

DC: That's my understanding as well, that's why I asked the
20 foundational question earlier of one of the witnesses who was

21 present.
22GMJ: Right, okay. That's fine, then----
23GDC:Gjust introduce it very briefly.
157
3u 3 5 B

1 -MJ: Defense Exhibit B for ID is admitted.
G

2 TC: No objection, Your Honor.
G

3 MJ: And is it cued up to the----
G

4 DC: It is, Your Honor.
5GMJ: ----appropriate place?
6GDC: r.,I1f,t1_, , yes, Your Honor.
7GMJ: All right, and you said you had another one?

G

8 DC: Yes, Your Honor, there's a document previously marked as
9 Defense Exhibit Charlie for identification. It's a letter--character
10 support letter from Lieutenant G

Again, as 11 discussed during the 802 session this morning and just off the record 12 previously during this recess, the appropriate portions have been 13 redacted, and we would offer that as Defense_lExhibit] 14GMJ: Any objection? 15GTC: Your Honor, we--the government does object, based on the 16 fact that the panel's already heard from the script and from voir 17 dire that ColonelGr the 32 officer, and in that memo 18 he's making a recommendation basically a code in there for, you know, 19 no dismissal in there, and he'd like to continue further service, so 20 the government does object, Your Honor. We do not think the 32 21 officer's opinion on the sentence in this case, he didn't know 22 Lieutenantillill at the time of the incident, he never knew him 23 before the 32, we think this MFR is irrelevant, Your Honor.
158
1GDC: Just in response, Your Honor, we've redacted those portions
2 that suggest a certain sentence. The rest is very similar to what
3 we've previously discussed and other witnesses have testified to,
4 their willingness to serve with this officer in the future. That is
5 essentially his point there, and there were several--several names
6 mentioned earlier during voir dire, and I--you know apart from
7 Lieutenant ColonelGwho has been excused, I doubt any of the

8 other members are going to recall ColonelGname among

9 the many of them.
10GMJ: Well and, Government, prou're welcome, in rebuttal, to put
11 on evidence that shows that Lieutenant ColonelGor any
12 other witness that's testified on the accused's behalf, doesn't
13 really know him very well, so I'm going to_admit the dodument.
14GAny other evidence we can premark?
15GDC: None from the defense, Your Honor.
16GTC: No, Your Honor.
17G

MJ: All right. All right, now as I understand it, we're going
18 to have some telephonic testimony. Is that true?
19G

DC: Yes, Your Honor, that's correct. One witness Lieutenant
20 ColonelG

the battalion commander for 709th MP Battalion.
21GMJ: All right now----
22GDC: He is standing by.

033561
159

G
MJ: LieutenantGthis court has a speaker telephone
2 capability, which allows the counsel's questions and the witness's
3 answers from the other end of the telephone to be heard by yourself
4 and all the parties. This witness will be sworn over the telephone,
5 and the witness will testify as if he were physically present in the
6 courtroom. Now I advise you that if I had found this witness to be
7 relevant and necessary for your defense and the other requirements
8 under rules for court-martial were met, then you would be entitled to
9 have the personal presence of this witness at this hearing.
10GDo you understand that?
11GACC: Yes, Ma'am.
12G

MJ: Do you expressly consent to proceeding with the witness's
13 testimony over the telephone rather than_having him physically
14 present?

15GACC: Yes, Ma'am.
16G

MJ: Has anybody forced you to give your consent?
17GACC: No, Ma'am.
18G

MJ: All right, would you bring the panel in please?
19G

DC: Your Honor, if I may before he does that, I'm sorry. If we

20 could just get him on the phone first that way we won't have to be
21 fumbling around----
22GMJ: All right that's fine.

160/ C 3356 2
1G

DC: -----with the equipment. Just in case it's busy or
2 something crazy like that.
3 [The DC made sure the next witness was on the phone and ready to
4G

testify.]
5G

MJ: Call the members.
6 [The session recessed at 1409, 1 July 2004.]
7G

[END OF PAGE]

Gn13563
u
161

/
1 [The court-martial was called to order at 1410, 1 July 2004.]
2GMJ: You may be seated.
3 [All parties present when the court recessed were again present to
4 include the panel members.]
5GMJ: All right, Captain 1111111111would you swear the witness,
6 please? Members of the panel, we have Lieutenant Colonel----

/
7
DC: IIIIIIIIIIM a'am.
8GMJ: ----Garrity on the telephone.
9 LIEUTENANT COLONEL T.S. Army, was called as a
10 witness for the defense, was sworn, and testified telephonically as
11 follows:
12GDIRECT EXAMINATION
13 Questions by the trial counsel:
14GSir, can you please state your full name for the record?

Q.G
15GA. My name is Lieutenant Colonel 1.10111111111111111111
16GQ.G

And, again, Sir, what's your full rank for the record?
17GA.G

Lieutenant Colonel.
18GQ.G

And what's your current unit of assignment, Sir?
19GA.G

I'm currently assigned to the 709th Military Police
20 Battalion.
21GTC: Okay, defense is going to ask you some questions, Sir, and
22 just for the record, this is an open court. We have the judge here,
23 the court reporter, defense, the accused, myself and assistant

162G

033564
1 prosecutor, the members, and some people in the gallery here.
2 Defense will have some questions for you, Sir.
3GWIT: Thank you.
4GDC: Members is the volume adequate, can everyone hear Colonel

5

6 [All members indicated an affirmative response.]
7 Questions by the defense counsel:
8GGood afternoon, Sir, or should I say good morning, Sir.

Q.G
9GGood morning.

A.G
10GI just wanted to ask you a few questions. As Captain

Q.G
11 1111111111111*s just said, we're here before the court-martial panel
12 members. I'd like to first of all, by means of introduction, I'd
13 like to ask what your present duty position is. You said you're with
14 the 709th, Sir, what is your duty position there?

G

15 A.G

I am currently the battalion commander of the 709th

16 Military Police Battalion.

17GQ.G

Sir, and how long have you held that position?
18GIt is now 1 year as of June 26th.

A.G

19GQ. Yes, Sir. And, Sir, do you know Lieutenant 20G
A. Yes, I do. Lieutenant served as the platoon leader
21 for me during Operation Iraqi Freedom and also as a member of my
22 battle staff while we were in Baghdad, Iraq.

G

163 033565
1GQ./Yes, Sir. Before we get into a lot of details about your 2 relationship with LieutenantIIIIII, I want to ask you some background 3 questions first. Tell us, Sir, briefly about your military career. 4 First of all, how long have you been on active duty in the Army?
5G

A.G

I've been on active duty for 18 years. I was commissioned

6 in 1986.
7GQ./Sir, what are some of the previous duty assignments that
8 you filled prior to your battalion command?

G

9 A.G

Prior to battalion command, I served as the chief of
10 officer training at the U. S. Army Military Police School at Fort
11 ,Leonardwood, and that was for about 2 years. Previous to that, I
12 served as the Deputy Brigade Commander of the 89th MP Brigade,
13 Brigade S3 for the 89th MP Brigade headquartered at Fort Hood, Texas,
14 and also as the S3 and XO of the 720th Military Police Battalion also
15 at Fort Hood, Texas. Prior to that, I attended the College of Naval
16 Command and Staff at the Naval War College in Newport, Rhode Island,
17 and previous to that,

I served as the Aide de Camp to the commanding

6 50GA4P
18 general ofpersonnel,eornmand.

19G

I've commanded two military police companies one•at. Fort
20 Meyer, Virginia for 2 years, andthen one, the 984th headquartered at
21 Fort Carson, Colorado where I took command in Desert Storm and
22 commanded that unit during Operation Desert Storm.

164
633566
;LI
1GQ. So you were a company commander during Desert Storm and a
2 battalion commander during Iraqi Freedom, right, Sir?
G

3 A.G

That is correct.
4G

Q.OOkay, Sir. Now in your 18 years of service in the 5 military, I assume that it would be a fair statement to say that you 6 dealt with a lot of officers, had a lot of junior officers work for
7 you?
G

8 A.G

That is a fair statement. That is correct. Also as the

9 Chief of Officer Training for the Military Police School, I was
10 responsible for the Officer Basic Course and Captain's Career Course
11 for all military police officers for 2 years, so I got to see a good
12 portion of the MP Corps Regiment go through their training----

13GQ.G

Thank you, Sir.
14GA.G

----on the officer side. 15GQ. Yes, Sir, and now during the year that Lieutenant... 16 worked for you when he was a member of your battalion or attached to 17 your battalion, did you--what was the nature of your relationship?
18 How often did you interact with him?
19GA.G

Well once he served as a--as the nighttime battle captain

20 on my battle staff, I dealt -with him quite frequently. He would
21 routinely brief me on actions that took place in the sector. He was
22 responsible for updating the SIG-X boards and briefing me on
23 information at night and early in the morning before we went out into

165G0 3 3567

1 the cities, so I mean I saw him daily once he served on the battle
2G

staff.
3GPrevious to that when he was a platoon leader, he was one
4 of probably about 27 platoon leaders that I had at that time in July,
5 and I saw him maybe once or twice before he moved to the battle

6G

staff.
G

Yes, Sir, now you mentioned 27 platoon leaders. That
8 sounds like a lot for a typical battalion. Was your battalion
9 reorganized for deployment?

10GA.G

7 Q.G

My battalion, yes, it was. We had--at one point, I had
11 eight military police companies task organized under the battalion,
12 and normally we operate between six and seven corps MP companies
13 under the battalion headquarters. You know with four--between--
14 normally four platoons task organized under each of the company
15 headquarters, so between 24 and 27, I think at one point we had like
16 28 or 29 platoon leaders actually operating inside the 709th MP
17 Battalion.
18GQ.G

Sir, now the 615th MP Company specifically, can you tell
19 the members what their mission was, Sir?
20GA.G

The 615th MP CoMpany, which is assigned to the 793rd MP
21 Battalion a sister battalion of mine in Germany, the company was
22 attached over to me for Operation Iraqi Freedom. They were
23 responsible for training the Iraqi police and also patrolling,

166G

033568
1 providing law and order, and area security patrols in different

2 sectors in Baghdad.
3GThey spent most of their time in the Con la Mia District of
4 Baghdad although they were also responsible for the Monsieur District
5 at certain points during the operation.

G

6 Yes, Sir.

Q.G
7GA. When I talk about training Iraqi police, they would occupy
8 Iraqi police stations with--with a platoon of military police and
9 then the platoon leader would serve as the counterpart to the station

10 commander. One of the squad leaders, platoon sergeant would serve as
11 the counterparts to the shift supervisors for the Iraqi police and
12 then they would show them how to administer the station, how to keep
13 paperwork and records, and then train--specifically train the Iraqi
14 police on how to conduct law and order operations, how to patrol, how
15 to conduct interviews, things like that.
16GQ. Yes, Sir. Now Lieutenant as a--when he was a platoon
17 leader, he served in that role as essentially the liaison, the chief
18 of that police station that he was in charge of at any given time.
19 Is that correct?
20GA.G­
That's correct. Now that's a--that's a job that military
21 police lieutenants are not normally trained to do. Military police
22 lieutenants are trained to serve as duty officers for law
23 enforcement, but not as provost marshals and really in the role that

167

033569
1 my platoon leaders were serving in in Baghdad, they were more provost
2 marshals because they had--they were responsible for the
3 administration of desk operations, they were responsible for the
4 physical security and force protection of the stations, as well as
5 the training and payment of the Iraqi police, so it was pretty--
6 pretty extensive as far as what I required of the platoon leaders, as
7 well as the platoon sergeants and the squad leaders. I mean it was--
8 they're certainly working in areas that they didn't have a great deal
9 of experience in although, you know, most of them with law

10 enforcement experience understood the basics of law enforcement.
11 That's pretty much the same in any country.
12GQ.G

Yes, Sir, and as you said, though, the Lieutenants, the
13 platoon leaders acting as a provost marshal, they really had not
14 specific or specialized training prior to getting that task, I mean
15 they were just put into the job, and they had to learn on the job.

16G

Is that correct?G

40001111'.

17GA.G

Well that's correct, and certainly platoon leaders from
18 Germany are at a disadvantage from their counterparts in the United
19 States in that officers--military police officers in CONUS normally,
20 on most federal installations, serve as military police duty
21 officers. That's not done in Germany, not in the 18th MP Brigade, so
22 his experience with law enforcement for the time that he served in
23 Germany, would be, you know, seeing his military police working on

168

003570
1 patrol and if he'd stopped in at one of the MP stations to check on

2 them, but I don't know if he has any law enforcement experience as

3 far as working as a military police duty officer or as an assistant

4

G

see that's not the way it's done in Germany. There

5 is one 1111111111111111) assigned, normally a captain, either prior to

6 or just after company command, so.

7GYes, Sir.

Q.G
8G

A.G

Now that's not to say that we didn't take the time to train

9 and that the company commanders, myself we were out there helping
10 them because, of course, you know after 4 or 5 years in the Army as

11 an MP, you do have some law enforcement experience, so Captain

12G

the commander of 615th; myself; my S3; my command
13 sergeant major] you know, we spent time out at those police stations

14 helping the platoon leaders and platoon sergeants work through some

15 of the issues with the Iraqi police.
G

16 Q.G

Yes, Sir. Now, obviously, Sir, you're familiar with the
17 incident that LieutenantinIOnhas been charged with. Is that
18 correct?

G

19 A.G

I am. I directed an inquiry officer to conduct a

20 commander's inquiry after I heard the allegations. I suspended

21 LieutenantIIIIII from his platoon leader duties as soon as Captain

22 11.11111116 came and told me what the allegations were, and then

23 from the time of the inquiry until the inquiry closed out, I had
169

u/nr•-•, 71
1 Lieutenant - moved from the 615th MP Company to work on the 709th
2 MP Battalion staff, and then following the outcome of the inquiry, I
3 kept him on the battle staff.
4 • Q.G

Yes, Sir.
5GA. G

So I just moved him as a change of duty from suspended as
6 platoon leader to serving as the nighttime battle captain on the
7 709th Staff.

G

8 Q.G

Yes, Sir. I want to ask you a few questions, in a moment,

9 about the battle staff--the time on the battle staff, but before we
10 get to that, Sir, back, you know, at the Al Taji station and the
11 other stations that LieutenantIIIIIIIrorked at, apart from this one
12 incident that we're here today to deal with, did you ever have any
13 reason or any issues, problems with Lieu-tenanting.. any reason to
14 doubt his ability to conduct the mission?
15GA.G

No, I did not, not at all. Prior to the incident, and 16 quite frankly after the incident, Lieutenant -know, 17 performed admirably. I mean there--it is a one-time incident. It as
18 an anomaly for him certain--now, you know, in fairness as the
19 battalion commander, I didn't have daily contact with him like his
20 company commander did, but certainly if there was a problem with one

21 of the officers in a company, any one of my company commanders would
22 have notified me, but no, there is no reason for me to doubt

170

1 Lieutenant en ability to perform his duties and to lead his
2 platoon.
3GQ.G

Yes, Sir, thank you.. Now when he moved to the battalion
4 staff, you said, please correct me if I'm misquoting you, but you
5 said that you dealt with him on a more regular basis at that point?

G

6 A.G

That's correct, I mean, you know, as a member of the battle
7 staff, he served inside the Tactical Operations Center, which is
8 located in the Vice Presidential Palace in downtown Baghdad, well
9 that was my headquarters, so I was there everyday for briefings. I

10 was there for meetings. My battle update brief was conducted there
11 every single day, and when I went into and out of the sector, I
12 always checked in with the Tactical Operations Center, so especially
13 at night when I came in off patrol after checking the police stations

.

14 and checking with the Iraqi police, you know, I had contact because
15 the nighttime battle captain's primary function when I came into the
16 TOC was to brief me on all actions going on ibside the battalion's
17 area of operation, so you know, I saw Lieutenant quite
18 frequently especially, you know, late at night, early in the morning
19 before I racked out.
20GI mean:, I would talk to him, and you know, just get an
21 update on what was going on. I mean he and the battle staff NCOs
22 would show me anything that had happened or any reports that were
23 coming in from any of the other battalions because I had pretty good

171/ r''1 3r73
1 situational awareness of what was going on inside my sector just by
2 listening to the command net, but as far as what was going on in
3 other battalion's sections or what brigade was monitoring the Corps,
4 that's, you know, the battle captain's also responsible for tracking

5 that.
6G

He did an exceptional job. I mean great, you know,
7 briefing skills, and you know, very calm and collected. There's, you
8 know, a lot of stuff going on in Baghdad. I mean you've got to
9 consider the time--times we're talking about are July through--I mean

10 we left Baghdad in February. There's some--there's some pretty rough
11 times especially in August/September timeframe that we were involved
12 in, so he did a great job.
13GQ.G

Thank you, Sir. Now were you also able to, Sir, to form an --

14 opinion of him as an officer in general other than just his duty
15 performance, other characteristics, the seven Army values, loyalty,
16 honor, integrity, those kinds of things, have you been able to form
17 an opinion about Lieutenantlillibin that area? '
18GA.G

I have. Certainly from the time he served as a--as a
19 battle captain he--you know over time, you know, obviously you get to
20 spend more and more time with your officers, you know, as the
21 situation sort of develops, you know the tactical situation, so as
22 things started to quiet down in Baghdad, I could spend more time
23 inside the TOC, spend more time with my officers as opposed to being

172

') /11
74
1 out at all the stations, so I was impressed with Lieutenant...
2 foremost because of his sense of duty and his integrity.
3G

He, you know, he was accused of doing something wrong at
4 the Al Taji police station, and he, you know, he accepted
5 responsibility for his actions. He cooperated with the investigating
6 officer. At no time did he, you know--you know, try to hide from or
7 not take responsibility from--from what he did. You know, I was
8 impressed by that especially, you know, I mean I've seen in 18 years
9 of service, a lot of times that, you know, people will, you know, not

10 take responsibility for their actions or try to blame it on someone
11 else.

Lieutenant 111111at no time did he blame anyone else for what 12 took place in the Al Taji station. He took full responsibility 13 exactly what I would expect. 14G
I don't condone his behavior or the actions he took, but I
15 certainly applaud the fact that he took responsibility and didn't,
16 you know, hide behind, you know, invoking his--I mean he has the
17 right to invoke his rights and not make a statement. He chose to
18 waive his rights and make a statement. He chose to cooperate with
19 the investigating officer. He chose to cooperate with everyone
20 involved in this investigation, so you know I was--I was very
21 impressed with that, and continue to be impressed with that.
22G

LieutenantillScan work for me anytime, anywhere that I
23 go, and certainly as a promotable first lieutenant right now, when he
173

G33575
/

1 gets promoted to captain if he's--if he's going to command a company,
2 he can certainly command a company in any unit that I'm responsible
3G

for.
4GDC: Hooah, Sir. Thank you very much. I believe the government
5 may have some questions for you. Please stand by, Sir.
6GMJ: Cross?
7GTC: Yes, Ma'am.
8GCROSS-EXAMINATION
9 Questions by the trial counsels

/
10 Q.G
Sir, can you hear me?

/
1.1 A.G
I can.
G

12 Q.G

Would it be fair to say, you said that you only talked to
13 him once or twice as a platoon leader, would that be correct?
14GA.G

That's correct. I took command on June 26th and then
15 within the first week or so saw every one of my police stations,
16 every one of my platoon leaders, and then Al Taji was, you know, kind
17 of a backwater area of Baghdad as far as--as far as insurgent
18 activity. It was a very dangerous place don't get me wrong. There's
19 no safe place in Baghdad, but I was more concerned with areas on the
20 Western edge of the Al Monsieur District and then the—especially the
21 area in Kadamia near the Kadamia Shrine, so I mean I went to the
22 locations where I felt they needed the most amount of leadership.

174

Elt
1G

Taji was, you know, a police station. It was the Northern
2 most police station in our area, so I would guess you know, before I
3 suspended him I probably saw him two times maybe three at the Taji
4 police station.
5G

Q.G

So it's fair to say, Sir, you're basing your opinion on

6 knowing LieutenantiMafter the incident. Would that be correct?
G

7 A.G

Oh, that's correct. That is correct.
G

8

Q. And it would be fair to say that his company commander was

9 his supervisor and he would know him better than you would. Is that
10 correct, Sir?
11G

A.G

That's a fair statement, but I would argue that any company
12 commander should know his platoon leaders better than the battalion
13 commander given the level and the scope of responsibility of the
14 company commander compared to the battalion commander, but yes,

15 you're correct.
16GDo you know Staff Sergeant Sir?

Q.GG
17GA.G

I do. Staff Sergeantillillserves as a, I believe, well
18 know he's the platoon sergeant, and I think he still is the platoon
19 sergeant of 615th MP Company.
20GQ.G

Okay how would you rate Staff Sergeantillillas a platoon
21 sergeant?
22GA.G

Well first of all he's a staff sergeant in a sergeant first
23 class position, so he's certainly the best of the staff sergeants in

175
1 the company. I would rate him at the high end of the platoon

2 sergeants that I was responsible for in my battalion, so you're

3 talking probably, you know, at the high end 27, 28 platoons that I

4 had in the battalion and he would be--I would put him in the top five

5 or six within my battalion.
G

6

Q. And when--after Lieutenantillilliwas removed from platoon

7 leader until the new platoon leader, Staff Sergeangliftwas both

8 the platoon sergeant and the platoon leader for a time, correct?
G

9 A.G

That's correct. Now that's not unusual in any tactical

10 operation. If the platoon leader, for any reason's, not available,

11 then the platoon sergeant steps in and takes over as the platoon
12 leader.
G

13 Q.G

But you would say he did a good job at that, correct,—Sir?
14G

A.G

I would say he did a good job of it. I don't--I don't

15 recall any issues with the platoon while they were in Taji after
16 LieutenantIllillwas moved.
17GQ.G

So that's, "yes", Sir?
18GA.G

What's that?
19GQ.G

was that a "yes", Sir?
20GA.G

Yes.
21G

[END OF PAGE]

22

176

1-¦Or1/4')Og
DOD 002288
1G

Q. Now you said that while you were down in Iraq you were

2 supervising or had under your command somewhere between 27 and 29

3 platoon leaders, would that be correct?

4GA.G

At the high end that's correct. Normally--I think the most

5 I ever had was 29 and I had four, five, usually about 20 for the

6 majority of the time that I was in command. The task organization

7 changed from--sometimes from week to week but normg111P1hynth-to-

8 month, so but yes, I think the most I ever had was 29 platoon leaders
9 that I was responsible for.
10G

Q.G

And out of those 29 platoon leaders, how many of those

11 platoon leaders got in trouble for beating up Iraqis?
G

12 A.G

There--none that I know of that were--got in trouble for
13 beating up Iraqis.
14G

Q.G

So Lieutenant IIIII,would be the only one, right, Sir?
15G

A. Lieutenant Mgwas accused of striking a criminal
16 detainee inside the Taji Police Station's jail.
17GQ.G

But he's the only one, right, Sir?
18GA.G

He's the only one that was accused of that, that's correct.
19GQ.G

And in fact he's pled guilty of doing that here today,
20 correct, Sir?
G

21 A.G

That's correct.

22GTC: Thank you.

23GMJ: Redirect.
177 m'.10,rfe'on

kouJJEU

1GDC: No redirect, Your Honor.
2GMJ: All right, do any members of the panel have any questions?
3 [Several members indicated an affirmative response.]
4GMJ: All right looks like we have a couple. If the bailiff
5 would collect those.
6GJust stand by, please, Lieutenant
7GDC: Sir, were you able to hear the military judge just then?
8GWIT: I only heard--I only heard stand by Lieutenant's...
9 1111.15

10GDC: Yes, Sir, there will be----
11GMJ: That's close enough.
12GDC: ----a few questions from the panel members.
13 [The CR marked questions from COLIIIIIIIIPand MAJ G

as AEs

14 VI and VII respectfully.]
15GEXAMINATION HY THE COURT-MARTIAL
16 Questions by the military judge:
17GQ. All right, Lieutenant...111111U can you hear me?
18GI can.

A.G
19GAll right, how was the incident reported to you?

Q.G
20GThe incident was reported to me first by the company

A.G21 commander. CaptainGnotified me at first I think by 22 radio and asked to see me, and then I met him at the battalion 23 headquarters. It was followed up, I believe, by command--I'm pretty
178 -)35S0
:10E
•
DOD 002290
1 sure that a commander's incident report was sent up immediately, but
2 certainly if not immediately it was followed up with a commander's
3 incident report up to brigade.
4GOnce notified by Captain G

then I notified my

5 brigade commander.
6GQ. Do you know how long after the incident occurred that you
7 got your report?

G

8 A.G

I don't recall the exact time. I know it--I believe that

9 the incident was reported to CaptainIIIIIIIIIIIIIIIwithin I want to
10 say, and I'd be guessing, but I'd say within 24 hours, and then
11 CaptainGnotified me right afterwards. I think that's
12 how I remember it, and then once--once I--once I got the report, I

13 had CaptainG

first collect the details that he had, so I
14 could send up a commander's incident report to brigade, and then
15 after speaking with Captain 111111111.1 I directed a commander's
16 inquiry.

17GQ./Now did Lieutenant G
receive a Relief for Cause OER
18 when you moved him to the battalion staff?
19GA.GI did not direct, at any time, the relief

No he did not.

20 of Lieutenant'''. I suspended him from his platoon leader duties,
21 and then I directed 'a change of rater OER, which he--which it would
22 have been CaptainGas his--the rating chain is a little

23 convoluted. It was Captain 11111111111.11110 as his rater, and I believe
179

ov J
^ '391
/
1 Lieutenant Colonel as his senior rater for the time period
2 up through July, and then I had him fall into the rating chain of my
3 S3, Major 01111116 his rater, then me as his senior rater, which I
4 carried him through, I want to says the end of this February or early
5 March. But I did never--I never--neither Captain
6 myself, or Colonel ever directed his relief.
7GMJ: All right, any other panel questions?
8 [A member indicated an affirmative response.]
9GMJ: We've got at least one more, so hold tight there.

10G

[The CR marked a question from LTCGas AE VIII.]

/
11 Q. Was the change of rater OER a referred report? 12GA.G
The change of rater report was not a referred report. I do
13 not believe any derogatoky information was placed in either the rater
14 or the senior rater's portion. I don't know that a hundred percent
15 for sure, but I'm almostpositive it was la standard change of rater
16 report. Now I do know for sure that my--that my change of rater
17 report where I served as senior rater was not a derogatory report and
18 was not referred, and I carried him from the time of suspension
19 through either February or March 2004 where he served--that was the
20 rating he received as the--as one of the members of the battle staff.

21GQ.G

All right just so I'm clear, neither OER thatyou just
22 mentioned refers to this incident?
23

A.G

I'm sorry, Ma'am.

". Of/
kru,otivAr
180

1GDo--does the OER that ended with his--at the time he

Q.G

2 stopped being a platoon leader, does that refer to the incident?
G

I do not believe that--I mean his time as platoon leader
4 ended upon suspension based on the incident, correct, but I do not
5 believe, and I'd have to see the OER in front of me, I do not believe
6 there is any mention of the incident in the OER because it was under
7 investigation, and the thought that I--and certainly what I thought
8 was at least in accordance with the OER regulation if you find
9 derogatory information later that's substantiated, you can go back

10 and put that into the report, you know as a--or you can put it in a
11 subsequent report, so there was no mention of it in the report that
12 carried him from the time that he was a platoon leader up until his
13 suspension, and I know that I didn't place anything in my portion as
14 the senior rater in the--his time as a battle staff officer.
15GMJ: All right. Any more members' questions?
16 [All members indicated a negative response.]
17GMJ: No. Does either side have any questions based upon mine---
18
19GTC: Just quickly, Your Honor.
20GMJ: ----or the members?
21GTC: Just quickly.

22GMJ: Captain 111111111

3 A.G

23 181
/
1

RECROSS-EXAMINATION

2

Questions by the trial counsel:

3GSir, can you hear me?

Q.G
4GA.G

I can.
5GQ.G

So just to be clear, there's no record, no comments on any
6 of Lieutenant 111110ERs regarding this incident?
7GA.G

That's correct.
8GQ.G

There was never----
9GTo the best of my knowledge, there is no--there is no

A.G
10 comment in his OERs.

/
Okay and once the incident happened, he never returned to
12 be a platoon leader, did he?
13GA.G

11 Q.G
That is correct.

14GQ. And he went to battle staff and never went back to the
15 platoon, right?
16GCorrect.

A.G
17GQ.G

Okay and there was never a relief for cause one done?
18GA.G

There was never a relief for cause.
19GWhy?

Q.G
20GWhat's that?

A.G
21GWhy was it not a relief for cause NCOER or OER done?

Q.G
22GA.G

I never directed his relief. 23 182 GC 33584
/
/
1 But it was a serious incident, right?
Q.G
G

2 A.G

It was--it was a serious incident not which I felt required

3 the relief of an officer.
G

4 Q. You moved him to battle staff and never moved him back, but

that's not a relief for cause?
G

6 A.G

That is not. Not in accordance with the regulation, I
7 mean, if I relieve him of his duties, then I'm required to direct an
8 OER stating such, which makes the referred report.
9GQ. Why--why was he moved to battle staff?

10GA.G

He was moved to battle staff because he was the subject of
11 an investigation.
12GQ. Okay and the commander's inquiry was done shortly
13 thereafter, wasn't it?
14GA.G

It certainly was.
15GQ.G

So the investigation was completed shortly thereafter,
16 correct?
17GA.G

That--you know, the battalion level of the investigation
18 was completed very quickly, that's correct, and then it was sent from
19 Brigade to Corps with recommendations on actions, and nothing
20 happened, and so I waited and after consulting with my brigade
21 commander I told--my concern was that I didn't want, you know,
22 certainly something like this where either an Article 32 or anything

183 f-, r)85
or
Ouosi
1 really coming up later on if I put him back into the platoon, and

2 there was no action taken by the Corps SJA for a number of months.

3GQ.OOkay, so----
4GSo as time went on, I continued to keep him in the battle

A.G
5 staff and then it was--by this point, I had already requested and
6 received a platoon leader from Germany to fill the position.
7 Lieutenant IIIIIIIIIIsic] had moved down from Germany and taken over
8 the platoon. I had no other position in the 615th MP Company, and so
9 I kept Lieutenant= on the battle staff. It was the function of

10 timing.
11G

You know if the question is would I have put him back in
12 the platoon leader position, I probably would have if it had been
13 cleaned up and closed up and there was a final action. But it never
14 got finalized.

15GQ.OOkay so was there an OER done aft--right after the incident 16 happened? 17GA.G
There is an OER done I want to say, I'm pretty sure that
18G

the OER--I think LieutenantG

annual OER took place. I want to

19 say it would have been like mid, maybe the end, of June, so his
20 annual report took place right before this incident or within 30 days
21 of the incident I think. I'm not sure of the exact dates, which

22 means there could be no comment on that OER anyway because it was
23 outside the rating period.

184G

033586
1GQ.G

So, Sir, if I've talked to the 01, and his name is Major
2 11111111piand he stated that based on the facts as this then you
3 should have given him a relief for cause NCOER [sic], G1 would be
4 wrong?
5GA.G

Did--I don't think that--I mean I would have to check the
6 regulation. I'm not sure that any staff officer can say whether an
7 officer can be relieved or not. I'm pretty sure that's reserved to
8 only commanders.
9GQ.G

Okay.
10GAs a commanding officer, I did not direct his relief. Now

A.G
11 my commander and his commander and his commander can direct the
12 relief, but the last time I checked, staff officers can only
13 recommend, they can't direct.
14GQ.G

Okay, but the Gl's telling me, based on the facts of this
15 incident, that there should have been a relief for cause NCOE--OER
16 done, he must be wrong or he's correct or he's wrong?
17GA.G

I don't know.
18GTC: All right, thank you, Sir.
19GMJ: Redirect.
20GDC: Just one question, Your Honor.
21G [END OF PAGE]
22

185

1 REDIRECT EXAMINATION
2 Questions by the defense counsel:
3GQ.Gagain.

Sir, the fact is--this is CaptainG
4GYes.

A.G
5GQ.OThe fact is he never got a relief for cause OER because you
6 didn't think that was necessary, right, Sir?

G

7 A.G

That's exactly correct. I never relieved Lieutenant
8 of duty, ever.
9GDC: Thank you, Sir. Please stand by.

10GMJ: Anything further from the members?

11 [All members indicated a negative response.]

12GMJ: All right temporary or permanent excusal?

13GDC: Permanent excusal is fine, Your Honor.

14GTC: No objection, Ma'am.
15 [The witness was duly warned, permanently excused, and hung up the
16 phone.]
17GMJ: All right, Defense, what else have you got?
18GDC: Yes, Your Honor, the defense next calls Captain...

19

20GAll right.

MJ:
21G [END OF PAGE]
22

186GCO3588

DOD 002298
CAPTAIN r U.S. Army, was called as a witness for the

2 defense, was sworn, and testified as follows:
3 DIRECT EXAMINATION
4 Questions by the trial counsel:

5 Q. Can you please state your full name for the record?
6 A. ¦
7 Q. And your rank?
8 A. Captain.
9 Q. And what's your current unit of assignment?

10 A. 709th MP Battalion.

11 TC: Defense has some questions for you.
12 MJ: Captain, you need to speak up.

13 WIT: Yes, Ma'am.

14 Questions by the defense counsel:

15 Q. Good afternoon, Captain 1.1111 I just want to ask you a
16 few brief questions.G

First of all, do you know Lieutenant..
17 here?
18 A. Yes,G

I do.
19 ,GHow is it that you know him?

Q.
20 A. I met Lieutenant .% last year in November in Iraq.

21 [END OF PAGE]
22

X3 3 589
187

/
/
1 Q. Okay. What was the context of that meeting? What was your
2 position, what was his position?
G

3 A.G

I was coming in and he was the night battle captain, and he

4 was the first officer I met in our battalion in Iraq.
G

5 Q.G

So he worked in the S3 shop?
G

6 A./Yes, he did.
G

7 Q.G

And now you're presently still with the S3 shop?
G

8 A.G

Yes, I am.
G

9 Q. Okay what was your job as part of the S3 team when he was
10 the night battle captain?

/
11 A.G
I was the incoming night battle captain. He was
12 transitioning to the liaison for the battalion.
13GQ.G

Okay. If you will, please, tell us how well you got to 14 know Lieutenant.", I mean how often did you interact with him 15 and how well did you get to know him? 16GA.G'
Well I interacted with him on a daily basis, well a nightly
17 basis for about 2 weeks, so I got to know him a lot, talked to him a
18 lot, talked to him about, you know, somewhat about his issue or the
19 action that was pending against him.
20GQ.G

Okay, now did he }essentially train you on the job as night
21 battle captain?
22GA.G

Yes, you could say that.
23

G

188 C33590

/

1GQ.G

And you said, "You had no idea what happened at the

2 incident," correct?
G

3 A.G

No, I had no idea.
G

4 TC: Thank you.
G

5 MJ: Redirect?
G

6 DC: No redirect, Your Honor.
G

7 MJ: Questions by any of the panel members?

8 [All members indicated a negative response.]
G

9 MJ: Apparently not.

/
10 Temporary or permanent excusal? /
11 DC: Permanent excusal is fine, Your Honor.
12GTC: No objection, Ma'am.
13 [The witness was duly warned, permanently excused, and withdrew from
14 the courtroom.]
15Gelse have you got?

MJ: Captain G

16GDC: Yes, Your Honor, our last military witness is Captain
17 an
18GU.S. Army, was called as a witness for the
19 defense, was sworn, and testified as follows:
20GDIRECT EXAMINATION
21 Questions by the trial counsel:
22GQ.G

For the record, could you please state your full name?
23GA.G

My full name is
190

1 Q. And your rank?
2 A. My rank is Captain.
3 Q. And what is your current unit of assignment?
4 A. 709th Military Police Battalion.
5 TC: Defense has some questions for you.

Thank you.G
6 Questions by the defense counsel:
7 Q. Good afternoon,11111111111111
8 A. Good afternoon, Captain.
9 Q. First question is, do you know Lieutenant here?

G10 A. I do.
Yes,G11 Q. How is it that you know him? 12 A. I worked with him downrange at Iraq during the deployment 13 as a battle staff, the battle captain. 14 Q. Okay what was your job during that time? 15 A. My job was the day battle captain he was the night battle 16 captain. He was my counterpart. 17 Q. Okay.
1

18 A. We basically interacted every 12 hours.

19 Q. You would pass onto him when you went off shift----

20 A. Correct.

21 Q. ----and then he would do the same when----

22 A. Correct.

23

191G

C33593
/

1GQ. G

you came on shift, right?
2GCorrect.

A.
G
3GHow long did that relationship go on? How long were you

Q.

4 two doing that?
G

5 A.G

Roughly 5 to 6 months.
G

6 Okay.

Q.G
G

7 A.G

I can't give a 'precise date, but----
G

8 Q.G

Of course.
G

G

9 A. roughly in that ballpark.

/
But about 5 or 6 months?

10 Q.G
/
11 A.G
Correct.
G

12 Q.G

Okay during that time, did you get to know Lieutenant1111111
13 pretty well?
14GProfessionally, yes.

A.G
15GQ.G

Right.
16GPersonally not so well, correct.

A.G
17GQ.G

But professionally you did?
18GYes.

A.G19GQ.OOkay did you get to know him well enough professionally to
20 form an opinion about him as an Officer?
21GAbsolutely.

A.G

22G (END OF PAGE]
23

G

192 C33594
/

1GQ.G

And what is that opinion?
2GA.Gis

My professional opinion of Lieutenant/that he is a 3 great outstanding military officer. He embodies the Army values 4 based off of what I know of him. I couldn't think of anyone more 5 that I would rather serve with, go to war with, protect my life, and 6 who I would rather count on than Lieutenan001111) 7GOkay now are you aware of the incident that we're here
Q.G
8 about today?

/
9 A.G
I have been made aware of it, yes, correct.
10GOkay so you--you weren't there, but you know what happened

Q.G
11 essentially?
12GA.G

Correct.
13GQ. Now the fact that that happened does that change your
14 opinion about what you just said about him?
15GA.G

None whatsoever.
16GDC: Okay great. Thank you.
17GMJ: Cross?
18GTC: Just quickly, Your Honor.
19GCROSS-EXAMINATION
20 Questions by the trial counsel:
21GSo let's be clear, you weren't ever actually at the

Q.G
22 incident, correct?

/
23 A./No. 193/
C 33595
1GQ. Lieutenant - never talked to you about the incident?
a

G

2 A. Never. The entire time during our deployment downrange, he

3 only told me that he was under review and that was all.
G

Okay and basically you're basing your opinion, your
5 testimony, solely on your observations as Lieutenant1111111as a
6 battle captain?

G

4 Q.G

Correct our interaction between the two.
G

7 A.G

8 Q.OAs a battle captain?
G

9 A.G

Correct.

/
10 TC: Thank you. /
11 MJ: Redirect? G
12 DC: No redirect, Your Honor.
G

13 MJ: Any of the panel members have questions?
14 [All members indicated a negative response.]
15GMJ: Evidently not. Permanent or temporary excusal?
16GDC: Permanent, Your Honor, is fine.
17GMJ: Any objection?
18GTC: No objection, Your Honor.
19 [The witness was duly warned, permanently excused, and withdrew from
20 the courtroom.]
21GDC: Thank you, Your Honor. Next the defense calls Mrs. 11111111M
22 111111111111
23GMJ: All right.

194

CO3596
1GDC: The accused's wife.

2 MRS . -civilian, was called as a witness for the
3 defense, was sworn, and testified as follows:
4GDIRECT EXAM/NATION
5 Questions by the trial counsel:

I
6GQ. Would you please state your name for record?
7GA.
G

Okay and you're the wife of the accused in this case?
G

8 Q.G

9 A.G

Yes, I am.
10GTC: Thank you very much.
11 Questions by the defense counsel:
12GQ.G

Good afternoon 111111111111111111,
13GA.G

Hello.
14GQ.G

Thank you for your testimony today. I just want to ask you
15 a few questions, and I want to give you the opportunity to tell the
16 panel members a little bit aboutGthe man, the husband,
17 and the father apart from all the testimony we've heard about him as
18 the officer up to this point.
19GA.G

Um-hmm [indicated an affirmative response].
20G [END OF PAGE]
21

195

1 he was there. If there was a problem at home, he was there, all the

2 stuff that goes along with a counselor.
3GOnce he gotGsorry he did that while he was getting
4 his master's degree. Once he got his degree in counseling, he did

5 his internship with drug and alcohol abuse. After completing that
6 and getting his degree, he went on to be a counselor for sexual--
7 juvenile sexual offenders. He worked with, of course, juvenile

;4

8 delinquents that had a lot of problems there, and it was one of those

9 things when we were in college, he always said he was going to be in
10 the military, "I'm going to be in the military." "Okay. We are
11 going to travel the world. Okay." We were young, and once we
12 started having kids, that kind of was put on the back burner for a
13 little while, and one day when I was at home with post partum
14 depression blues after I had my second child, he came and said, "I'm
15 going to take you out to lunch." "Okay." And we ran into the Army

16 recruiter, got to love them, and a few months later, he was in the
17 military.
18GQ.G

Okay.
19GA.G

He left November 7th of 2000. I remember that day because
20 it was an election year, and he left to go to basic training. At
21 that time, it was just 411111andillipat that time, all of the
22 things that he did up until that point before in the civilian world,
23 as you can see, my husband's a large man, but he was a lot larger in

197G

CO3599
the civilian world. He got healthy, and he was at one time 317

2 pounds and a lot of people can't believe that, but he did a lot of
3 exercise, he lost the weight, and joined the military lost even more
4 weight. I was like, "Oh my gosh, what happened to my husband?" And
5 he made a lot of sacrifices along the road for us.
6GThe reason why he joined the military was because he wanted

to secure our financial status--our financial state as a family, and
8 we thought that--he thought the best way to do that would be to join
9 the military, and the military does have it's benefits, and I can

10 definitely say that. I have reaped the benefits of Uncle Sam. I

.

11 have, but at the same time, a lot of sacrifices on all of our part
12 have also come into play.
13GFor the 3 years that my husband has been in the service, we
14 might have had him at home in the house for maybe 18 months, so a lot
15 of time was spent away from the kids, and when he came home from
16 Iraq, it was the first time that my 4 year old had his dad home for a
17 birthday party because he was always training or in the field or TDY
18 or whatever, and as a family we accepted that. We did.
19GThere is nothing more than--there is nothing more that my
20 husband loves than waking up in the morning and putting on his
21 uniform. He walks taller, he loves the military, he's always wanted
22 to be a police officer, and being an MP officer and in the military
23 is like having his cake and eating it too.

198

1GI can't think of anything else that he would rather do, and
2 I love my husband very much. I want him to come home with me
3 tonight, and say good night to our children, and our family has been
4 through a lot because of this whole situation.

G

5 Before he deployed to Iraq, he was--there was a field
6 training for at least the month of January. He came home and I
7 thought for sure that they were going to have 30 days leave before
8 they deployed, but in that situation it didn't happen. They
9 continued to train up until the time that they left. My husband

10 probably has not had a decent night's rest since a year and a half.
11GAfter the incident occurred, he called me and he apologized
12 to me, and I said, "Honey, what's wrong? What's wrong?" And he
13 said, "I'm so sorry. I'm so sorry, Honey. I messed up, and I'm
14 sorry, and I put my soldiers in a bad position, and I put our family
15 in a bad position." And I told him no matter what we're in this
16 together, and I love him very much, and that I said, "well can you
17 give me--can you let me know what happened?" And if I was in my
18 husband's position, I would have done the same thing if not worst,
19 and I told him that I admired him and that I have so much respect for
20 him and I think that he's so much of a better person than what I was.
21GI thought for sure that after the incident occurred that he
22 would be sent home, and I didn't know everything that had gone on.

23 He just said that something bad happened, and he was sorry for that.
199

0336 01
1 I thought that he would come home, we would PCS, go to South
2 Carolina, and that would be the end of it, but instead, my husband
3 completed the entire 11 months of the deployment before he returned
4 home, and for him to get up everyday and go to work and put on a
5 smiling face, and I asked him why, you know. "You're under charges
6 and obviously the military doesn't want you. I don't understand, why
7 do you keep doing it?" And he said, "Because it's not about me, but
8 it's about the soldiers that depend on me, and I have a job to do,
9 and I have a responsibility to them."

10GAnd I love my husband very much. He is so much of a better
11 person than what I am because I don't think I would have done the
12 same thing. I really wouldn't have. I know I wouldn't have.
13GWe've been through a lot, and even after he came home in
14 February, he doesn't sleep quite the same. He gets up two, three
15 times a night. He gets up early in the morning, he goes to the gym,
16 he comes home for lunch, he goes back to the gym, at night he goes to
17 spinning class just to stay busy, and I think that's just the way
18 that he deals with the frustration and the stress, but I've had so
19 many people come up to me and say, "Oh, is your husband still on
20 leave?" "Oh, is he working at battalion?" And not exactly, and why
21 what's going on? Why is it still--it's been a year, and everyday--
22 not a day goes by that he doesn't think about his actions and the
23 things that he has seen and been through.

200 10
(•¦ •602
QUO
1GDC: Thank you, Ma'am, very much.
2GThat's all if have. No further questions. Captain
3 111111111 May have some questions.
4.TC: No questions from the government.
5GMJ: Any of the panel members have questions?
6 [All members indicated a negative response.]

G

7 MJ: No. Temporary or permanent excusal?
G

8 DC: Permanent is fine, Your Honor.
G

9 TC: No objection.
10 [The witness was duly warned, permanently excused, and withdrew to
11 the rear of the courtroom.]
12GMJ: Are you prepared to go forward, Captain , or do you
13 need a few minutes.
14GDC: May I just have--Your Honor, we'll go forward.
15GMJ: Okay.
16GDC: The last thing--the next to last thing we'd like to present
17 is the accused would like to make an unsworn statement. He has some
18 things to say to the court.
19GMJ: All right.
20GDC: If it's acceptable to you, Your Honor, and the members if
21 he could just stay--he'll--but if he can just stay here instead of
22 taking the witness chair.

G

201 C 33603
1GMJ: That's fine. Let me tell the panel members a few things

2G

first.
3GNow the accused is going to make what we call an unsworn
4 statement, and the court will not draw any adverse inference from the
5 fact that he's elected to make this statement, which is not under
6 oath. An unsworn statement is an authorized means for an accused to
7 bring information to the attention of the court and must be given
8 appropriate consideration. The accused cannot be cross-examined by
9 the prosecution or interrogated by court members or me upon an

10 unsworn statement, but the prosecution may offer evidence to rebut
11 statements of fact contained in it.
12GThe weight and significance to be attached to an unsworn
13 statement rests within the sound discretion of each court member.
14 You may consider that the statement is not under oath; it's inherent
15 probability or improbability, whether it is supported or contradicted
16 by evidence in the case, as well as any other matter that may have a
17 bearing upon its credibility. In weighing an unsworn statement, you
18 are expected to use your common sense and your knowledge of human
19 nature and the ways of the world.
20GCaptain may proceed.

G21GDC: Your Honor, at this time, we'd like to present an unsworn 22 statement from the accused, Lieutenant 23GMJ: All right, Lieutenant Iffilligo right ahead.
202
033604
1GUNSWORN STATEMENT
2 LIEUTENANT 1111111111111111110., the accused, stood at the defense
3 table and made the following unsworn statement:
4GACC: Gentlemen, Ma'am, I just want you to know that I'm hearing
5 a lot today, but what I would like to convey is that I did not plan
6 for this incident to happen. I have come to love the Army and the
7 job that I was given to do. If I can't have that, I ask that you
8 leave me in a position where I can support my family and care for
9 them the best way I can. What in essence I'm asking you is that I'm

10 allowed to go home tonight and put my children to bed and wake up and
11 show them that I'm still there. I'm asking you to leave me in a
12 position where I can complete and fulfill my obligations to my wife,
13 to fulfill promises I made to her.
14GI wish it never happened, but that goes without saying.
15GThat's all I have, thank you.
16GMJ: Anything else, Captain IMP
17GDC: Yes, Your Honor, one last thing and that is that I'd like
18 to play a tape for the members. It's been previously introduced as
19 Defense Exhibit Bravo, and this is a tape recording of the unsworn
20 statement made by the accused at the Article 32 hearing on 15 May.
21GMJ: And what I advised you, of prior to the statement that
22 Lieutenantillillhas just made concerning it being an unsworn
23 statement is true of this statement as well.

203G

CO3605
1 [The DC published DE B to the members.]

/
2 DC: Your Honor, with that, the defense rests.
/

3 MJ: All right, any rebuttal?
/

4 TC: No, Your Honor.
/

5 MJ: All right, I'm going to take, well I'm going to ask the 6 panel to excuse us for actually it should be about 3 minutes tops. 7 The rest of us are going to stay in the courtroom, so if you'd excuse 8 us, I've got to talk to counsel. 9G
[The court-martial recessed at 1505, 1 July 2004.]
10G [END OF PAGE]

11
/
204 033606
1 [The session was called to order at 1506, 1 July 2004.]
2GMJ: All right, you may be seated. Let the record reflect that
3 the members are absent, but everyone else is still present.
4GNow CaptainGbased on what Lieutenant said in

his unsworn here in court today, are you going to be arguing for a

6 dismissal rather than jail time?
7GDC: No, Your Honor, not going to argue for a dismissal.
8GMJ: Okay because essentially that's what he asked for in his
9 unsworn.

10GDC: Your Honor, my understanding of essentially what he was
11 saying was that he certainly does not want confinement. I think my
12 take of it was--what I heard him say was that at least no
13 confinement.

14GMJ: Well in my notes he says, "If I can't have the Army, I ask 15 to be left in a position to care for my family, I be allowed to go 16 home tonight." 17GDC: Yes, Your Honor. 18GMJ: Which to me says, "I'd rather have a discharge than go to 19 jail." I just want to make sure. 20GIs that what you're asking for, Lieutenants., is--is do 21 you want your counsel to argue for a discharge or do you want him to 22 argue no discharge no jail? 23GACC: No discharge no jail.
205
CJ3607
MJ: Okay that's fine because if you're going to argue for a
2 discharge, there's certain warnings I need to give you.
3GACC: Roger, Ma'am.
4GMJ: And I wanted to make sure you weren't going there without
5 me giving you the proper warnings that's all. Okay. Mighty fine.
6 Sit down.
7 [The DC did as directed.]

G

8 MJ: Then in that case, bring the panel back in. Both sides
9 ready for argument?
10GTC: Yes, Your Honor.

/
11 DC: Yes, Your Honor. We'll argue before the instructions?
12GMJ: I'll give them a little bit but not much.
13GDC: Yes, Your Honor.
14GMJ: Basically that they're going to hear argument.
15GDC: Yes, Ma'am.
16G

[The session recessed at 1507, 1 July 2004.]
17G [END OF PAGE]
18

G

.
206 033608
1 [The court-martial was called to order at 1508, 1 July 2004.]
2GKJ: You may be seated. Let the record reflect that the members
3 have rejoined us; so all parties are once again present in court.
4GMembers, at this point in time what you're going to hear
5 are the arguments of either side. Arguments are just that,
6 arguments; they are not facts. They are each sides attempt to sway

you as to which way you should go concerning the sentence in this
8 case. The government will go first.
9GTC: Sir, members of the panel, this is a tough case. It's a

10 sad case. My job as government counsel is to represent the United 11 States Government, and make no mistake about it, the United States 12 Government and the United States Army is a victim in this case. 13GYour job, as panel members, is to craft the appropriate 14 punishment for what Lieutenant did. Let's take a moment and
i
15 talk about what Lieutenant111111 did.
16GYou've heard that he was a platoon leader in Iraq. Part of
17 his job was running a police station and coaching and mentoring the
18 IPs, the Iraqi Police, who we heard had a lot of problems.
19GOne day, three Iraqi detainees try to break out. They are
20 stopped, and take note, it's not until the next day, the next morning
21 after LieutenantillIfthad time to stew about this all night, to
22 think about it that he comes into the police station the next
23 morning, and he goes and grabs his subordinates. He doesn't do it

207
C33809
himself. He goes and gets his subordinates and says, "Bring those
2 Iraqis in here."
3GThey bring them in, and you heard what happens in front of
4 his subordinates. He takes a guy by the back of the neck, throws him
5 towards the hole, "Did you do this?" and bam [slamming his fist into
6 the palm of his other hand], hits the first one, bam [slamming his
7 fist into the palm of his other hand] hits the second one, and even
8 as one of his NCOs is trying to pull him off, he kicks a third one.
9GHe treated those Iraqis like dogs, as if your dog had

10 crapped on your living room floor and you're probably in your family
11 room and said bring that dog in here, and you took that dog and you
12 slapped it around [slapping his hands together] and you took his nose
13 and you rubbed his face in the dog crap. That's equal to what
14 Lieutenant 111111. did. He treated those Iraqis like dogs.
15GNow defense is going to get up here, and they're going to
16 want you to consider Lieutenant 111. and the government agrees.
17 You have to consider Lieutenant 1111 what his is, what he did, the
18 type of officer he is, and the crime he committed. The fact that
19 he's an officer, a police officer, an MP who in front of his
20 subordinates beats Iraqis, beats prisoners. An MP who had a special
21 trust, a special job to care take detainees, to care take prisoners,
22 and to take care of them not to beat them.

208 10
uuo 6
1 himself. He goes and gets his subordinates and says, "Bring those
2 Iraqis in here."
3GThey bring them in, and you heard what happens in front of
4 his subordinates. He takes a guy by the back of the neck, throws him
5 towards the hole, "Did you do this?" and bam [slamming his fist into
6 the palm of his other hand], hits the first one, bam [slamming his
7 fist into the palm of his other hand] hits the second one, and even
8 as one of his NCOs is trying to pull him off, he kicks a third one.
9GHe treated those Iraqis like dogs, as if your dog had

10 crapped on your living room floor and you're probably in your family
11 room and said bring that dog in here, and you took that dog and you
12 slapped it around [slapping his hands together] and you took his nose
13 and you rubbed -his face in the dog crap. That's akin to what
14 Lieutenant did. He treated those Iraqis like dogs.
15GNow defense is going to get up here, and they're going to
16 want you to consider Lieutenant and the government agrees.
17 You have to consider Lieutenant11111111what his is, what he did, the
18 type of officer he is, and the crime he committed. The fact that
19 he's an officer, a police officer, an MP who in front of his
20 subordinates beats Iraqis, beats prisoners. An MP who had a special
21 trust, a special job to care take detainees, to care take prisoners,

22 and to take care of them not to beat them.

208 G033611:
bigger

2 than a simple assault--an assault case. It's bigger than
3 maltreatment of prisoners. It's bigger than that. It's bigger than
4 the impact it had on the platoon, the company, the greater unit.
5GDo you want to know why that unit stayed together? You've
6 heard it. It wasn't because of Lieutenant G

1GBut this case is bigger than Lieutenant G

committed a
7 crime; he was gone. It was because of the NCOs, the platoon sergeant
8 who did double duty to keep that unit together. That's why that unit
9 kept going, not because of Lieutenant... He let his family down,

10 and he let his unit down, and it's bigger than that. It's bigger
11 than the MP mission in Iraq. It's going to affect that. It's going
12 to affect our mission in Iraq.
13GHow do you think this is going to play when the Iraqis hear
14 about this? Are they more likely to be waving at us now or shooting
15 at our convoys? This is not good for winning the hearts and minds of
16 Iraqis.
17GHow is this going to play on the folks back home? What are
18 they going to think about United States Army officers, of the
19 military police officers? What are they going to think? What are
20 people around the world going to think of military police officers,
21 of U. S. Army officers, of what we're doing in Iraq? What are they
22 going to think?

209

GC 33612
1GAnd beyond that, beyond all the factors the government's
2 just mentioned, the government wants you to think about one factor
3 above everything else. Consider all the factors we've just mentioned
4 including LieutenantG

his crimes, everything, but think about
5 deterrence. When you craft your punishment, take deterrence into
6 your mind. What's it going to take to send a message to Lieutenant
7Gto all the MPs in this room that his type of conduct is not
8 tolerated, because of right now, the message that's being sent from
9 the MPs outwards is that this is not a big deal. This is a slap on

10 the wrist [slapping his wrist with his open hand].
11GWhen you get a chance, look at his OERs including the one
12 from the timeframe of the offense. Look on there how they handled
13 this, but there's one problem. In none of the OERs nothing is
14 mentioned about this. It's as if the MPs just want to sweep it away,
15 make it go away, but it hasn't gone away. It's in front of you.
16GWhat Lieutenant did has to have consequences. What

G
17 MPs do has to have consequences. What we do has to have
18 consequences. What you do here today, it will have consequences not
19 only on Lieutenant.'" on all the MPs in this room, but on the MPs
20 outside this courtroom, outside these doors, the ones in Iraq, the
21 ones downrange.
22GThe government's asking you for two things. The
23 government's asking you for a dismissal, the government's asking you

210

C33613
1 for confinement time. The confinement time, whatever time the panel

2 thinks is sufficient, in combination with a dismissal sending a
3 message to the Lieutenant G

the MPs in this room, and beyond
4 these doors, beyond this courtroom that this type of conduct is not
5 tolerated. We don't treat detainees, Iraqis, like dogs.
6GSir, members of the panel, unfortunately rightly or wrongly
7 anything less than a dismissal and confinement time, unfortunately
8 it's going to send the wrong message. It's going to send a message
9 that hey, it's okay to do this. It's just a slap on the wrist, but

10 if you do give a dismissal and the proper time of confinement, you
11 will show Lieutenant 1111111 all the MPs in this room and beyond this
12 courtroom that this type of conduct is not tolerated.
13GThank you.
14GMJ: Captain"...
15GDC: Colonel Sir, Gentlemen, Ma'am, duty, honor, and
16 courage. Duty, honor, anf courage three of the fundamental values
17 part of the seven Army values along with integrity, sacrifice or I'm
18 sorry selfless service. Fundamental Corps principles that we want
19 not only our officers but our soldiers to have, to live, to embody,
20 duty, honor, and courage. Those three words I--I highlight because
21 the tape I just played before I sat down, Lieutenant allipthanked
22 his men, his men, the first time he had gotten to talk to them and it
23 was kind of just hard to understand at the beginning of the tape, he

G 211 CO3614
1 was saying that, "I haven't had a chance to talk to you because I've

2 been pulled from the platoon and there's been an investigation. I

3 haven't had a chance to talk to you." That 32 was his first chance

4. to talk to his men after all those months, Sergeant11111111Sergeant
5 Olin SergeantGwere sitting in the back of this very room,
6 he thanked them for their duty, honor, and courage. He told them
7 that they showed him what duty, honor, and courage was all about.
8 submit to you that that is, in fact, true, but Glenn represents
9 those same values, duty, honor, and courage.

10GHe went to Iraq, did his duty, deployed in difficult, very
11 difficult circumstances. We heard significant evidence from both
12 platoon leaders, Colonel...balked at length about the mission,
13 we heard about the impact it had on his family, you know, being
14 deployed being away from ]tome. He went and he did his mission. He
15 made a mistake. He made a mistake.
16GAll of you are officers; you've been commanders or have
17 been around soldiers at least. How many soldiers do you see that
18 make a mistake and they just go, you know, someplace bad. They don't
19 come back from it. They make a mistake, they know they're in
20 trouble, they know they're facing charges, what do they do? They
21 just become a bad soldier. They give up. Lieutenant got a new

G
22 job and soldiered on. He soldiered on. He made a mistake. He made
23 a mistake.

G

212 336
1GTalk about honor and courage. In today's environment in
2 the military in the Officer Corps especially, words like--terms like
3 zero defect, zero tolerance are thrown around. We're human beings.
4 All of--each of you are a human being. 1111111111Vis a human being.

Baghdad Iraq in July 2003 was hell. I don't know if John
6 Wayne said it first or somebody else, but war is hell. It is bad.
7 It's hard. It's stressful. Human beings are just that. They're
8 human beings. We're not robots. Stressors, lack of 'sleep, it's not
9 an excuse. Please, I don't want you to couch my statements in those

10 terms. GlennG

has never made an excuse, and I don't offer these
11 things to you today as an excuse. In fact, he pled guilty. He's
12 here today--the first thing we did this morning was he pled guilty.
13 He pled guilty to conduct unbecoming an officer, that's what he did.
14 It happened. He has never denied that this happened. Never asked
15 any of his subordinates to cover it up, and in fact, on that tape,
16 that's what he was doing. He was thanking them, thanking them for
17 doing the right thing. That speaks volumes about the character of
18 this man. So I don't offer these stressors, I don't make these
19 arguments as an excuse because there is no excuse. There is no
20 excuse. That's why this was a guilty plea, and that's why you're
21 here for sentencing only not to find out whether he's guilty or not.
22 But those stressors still should be considered.

213

1GI asked each of you at the beginning today if you would--if
2 it was a fair question, fair to expect you to consider those
3 extraneous factors, those stressors. What did we hear? Fourteen,
4 16-hour days everyday, 7 days a week, 30, 31 days a month. For
5 months this had gone on.
6GThe constant threat of attack, force protection issues,
7 different police stations had been mortared, just us your own
8 knowledge. We've all watched TV, we've all read the paper, we've all
9 been following what's been going on. Police stations are very

10 commonly attacked. There weren't maneuver units out in that area at
11 that time. It was these guys. It was the MPs in their armored
12 HMMWV, no tanks, no Bradleys. They were out there in the middle of
13_ Baghdad doing the mission, doing the job.
14GIn a 5 second period on 30 July 2003, 11111111111111made a
15 mistake. He made a mistake. He never hid from that. He never
16 denied that. He never ran from that, but it is a fundamental
17 principle of our law, of our society that punishment should fit a
18 crime. Punishment should fit a crime.
19GCaptain 1111111111 the government representative, today
20 argues that we've got to send a message. What is everybody going to
21 think? What is everybody going to think? I believe he said that
22 many times. What is everybody going to think if we don't hammer this
23 guy? What is everybody going to think? What are Iraqis going to

214

C 6' 3 G 1 7
1 think? What are Americans going to think? What are MPs going to
2 think?
3GThey're going to think exactly what is true, and that is
4 that we have a man who made a mistake, he's been punished, and he's

being allowed to recover from that. They're going to look at this
6 exactly the way that it should be looked at. That he got his day in
7 court, that a fair and impartial panel of officers reviewed the
8 evidence, they reviewed the mitigating and extenuating circumstances,
9 and they gave him a punishment which was deserved, and that

10 punishment, which is deserved, Gentlemen, Ma'am, is not to go to
11G

jail.
12GThis event, this incident doesn't warrant jail time. If he
13 was an enlisted soldier, he would have gotten an Article 15 for this.
14 It doesn't deserve dismissal from the service either. Who among us,
15 and obviously I don't know all of your backgrounds we haven't talked
16 in detail, but I bet each and everyone of you, because you're human
17 too, you've made mistakes at different times in your life. You've
18 made mistakes. Maybe not to the same extent as this, maybe not of
19 the same nature, or the same magnitude,.but you've made mistakes, and
20 while I don't ask you to excuse them, I would never ask you to excuse
21 what Lieutenantillillidid, all I would ask for you to do is to try to
22 understand, try to understand how it could have happened and why it
23 happened.

215/
C33618
1GLieutenantille said to you a few minutes ago he never
2 planned for this to happened. It just happened. It just happened.
3 It was a mistake. It was a mistake.
4GBut the other thing that I ask you to consider in coming to
5 a fair and appropriate sentence here is everything else that you
6 heard today after Captain 111111111read the stipulation of fact to
7 you, after it was explained to you what happened. You heard from a
8 great number of witnesses all across the spectrum. You heard from
9 some of his NCOs, his subordinates, Sergeant...land Sergeant

10 M. who witnessed the incident. These guys weren't hurt. The
11 Iraqis weren't injured; again, that doesn't excuse it. That doesn't
12 make it okay, but it shows that it was not an aggravated incident.
13 It was a simple assault. He crossed the line, made a mistake, and
14 they both would go to war with him again, complete confidence in him.
15GHis platoon sergeant, Sergeant"... same thing,
16 absolutely has complete confidence. Said he was a great officer.
17 Would go to war with him again as well.
18GThen we heard from some of the officers. Majorillibwho
19' worked with--was the battalion XO, worked with Lieutenant...
20 during a platoon exercise out at Grafenwoehr before the deployment.
21 Supervised him as the battalion maintenance officer long before the
22 deployment a significant period of time where as the XO he supervised
23 that platoon leader nothing but great things to say about this man.

216

003619
1GFellow platoon leaders, LieutenantG, Lieutenant
2 111.111.111 great things to say about this officer. Captaining.*
3Gu and Captain John.. two fellow staff officers in the S3
4 shop for 709th. Great things to say about this officer, but most
5 notable, most notable is Colonel--Lieutenant Colonel
6 the battalion commander. Granted the period of time while Lieutenant
7 111111111 was a platoon leader working for him was not that long of a
8 period of time, but he did have a chance to observe and evaluate the
9 work that that platoon was doing. He said that there was no problem

10 4withit. 11GHe had 27 platoons, roughly, that he was dealing with. A 12 battalion the size of a typical brigade with so many companies and so 13 many missions and issues going on, so he, of course, _is•not going to 14 have a lot of specific information about each individual platoon 15 leader out there. He was only in commandl for a month before this 16 incident. But he knew enough; he had been able to gather enough to 17 say that he was doing a good job. There certainly wasn't any--18 weren't any reports of any--any problems besides this one incident. 19GBut he did get to know him very well when he bedame a 20 member of his battalion battle staff nothing but glowing "remarks from 21 ColonellIIIIIIIkabout Lieutenant... Lieutenant Colonel, Military 22 Police Corps Officer, 18 years of service, company commander in 23 Dessert Storm, battalion commander in Iraqi Freedom, and in the
217G

C 33620
1 middle years worked at the school house at Fott Leonardwood training
2 MP officers, this guy is one of the leaders of the Military Police
3 Corps. He said, "Anywhere anytime I would go with this man."
4 Anywhere, anytime.
5GLieutenant Colonel ...mows this man.G

worked
6 with him. He's been in Iraq. He's been in Baghdad. He talked about
7 :the battalion TOC, that's where he worked. He's been in that
8 situation. Gentlemen, Ma'am, that is what the Army is all about.
9 That is what the Army is all about.

10Gis a warrior. He's a soldier and officer who
11 represents the seven Army Values. He lives them. In a time, when I
12 mentioned before, zero defect, zero tolerance, those words are thrown
13 around, he had the moral, personal courage, and integrity to stand up
14 and say, "Hey, I did it. I made a mistake." I hope when I look in
15 the mirror at night, I hope that I would have the same moral courage
16 and integrity to do that same thing. I certainly hope that I would,
17 and I'm sure each of you, hopefully none of us will ever be put in
18 that situation, but this man has been put in that situation, and he
19 did the right thing. He did what he was supposed to do. He made a
20 mistake, didn't run from it, didn't hide from it, didn't deny it.
21GThere's all sorts of things in that red book over there
22 [indicating the MCMI on my desk, games we could have played, motions
23 we could have filed, arguments we could have made to try to make this

218
033621
1 thing go away, but we didn't do that. He pled guilty, and he's here 2 before you today seeking an appropriate punishment. 3GLastly, just want to highlight what we heard about 4Gas a man. You heard from his wife. Mrs. anaRliwa 5 testified. Clearly this has been a terrible, traumatic event on that 6 family--on the allinfamily. It's affected him immensely. It's 7 affected her. It's been a difficult time for them. 8GWhen I ask you or when you consider punishment, please 9 consider the personal difficulties. It's not on his record, you
10 know, the punishment that he's, you know, the difficulties. You
11 can't put that on paper and put that in somebody's file. Okay but
12 that is punishment. It's been a terrible, terrible time for them.
13 He was relieved, although it wasn't a "Relieve-fpr-Cause" NCOER
14G

[sic], he was suspended, essentially stripped of his leadership
15 position, taken away from his men, men that he had sweated and fought
16 and bleed with before the deployment and during the initial phases of
17 combat operations. He was taken from them and put into a battalion
18 staff job. That right there, being stripped of your men in that
19 position, you all have held positions of leadership, that's--you care
20 about your people, and we know he does. We've heard significant
21 evidence that he really cares and has always cared, and that has been
22 of the utmost importance to him. That's also a form of punishment.

219

1GThe judge is going to instruct you. In a few moments,
2 ColonelGwill instruct you of the different options that you
3 have when you go back into the deliberation room. One of the things
4 she's going to tell you is that you have the optfion to give him no
5 punishment whatsoever. As someone--I certainly would submit to you
6 that that is something to seriously consider. Seriously consider
7 giving him no punishment. He's been through enough.
8GCaptain G

about this as an aside, sweeping

9 this thing under the rug. We're at a court-martial. We're at a
10 court-martial. I don't think anything has been swept under the rug
11 here. It may not be on his OER, but he has a federal conviction
12 because he was court-martialed, he pled guilty. He's got a federal
13 conviction. Nothing has been swept under the. rug, and a conviction
14 also is punishment.
15GHe--his--the rest of his life is impacted because of this
16 5-second incident in the heat, in the stress, in the midst of combat
17 operations when he crossed the line. The rest of his life is marked.
18 He'll never, in or out of the Army, never go before a promotion board
19 or a civilian employer without having to deal with this. Never, and
20 that's if you give him no punishment. He's already got that. Never
21 will he be able to walk away from that, and that truly is tragic, but
22 that also is a punishment. That also is a punishment.

220/ CO3C22
1GNow if you don't feel comfortable or whatever--you're not
2 comfortable with the option of no punishment, you also can give, and
3 the sentence instructions will demonstrate this when the judge
4 provides that to you a little bit later, you can also just order that
5 he get a reprimand.

6GThere's no requirement, there is no mandatory minimum in
7 the military, and that's a good thing because it allows you to
8 consider all those, extenuating and mitigating factors that must be
9 considered about performance about, you know, outside factors,

10 personal life, the impact on the family, the impact on the Army, and
11 I submit to you, Gentlemen, that the Army is worse off--we're worse
12G

off without G

our Officer Corps. I submit to you that
13 we are worse off.
14GSo please consider, if not no punishment, at worst a letter
15 of reprimand. Let Lieutenantilligligo home tonight and tuck his kids
16 in and be there when they wake up in the morning, and let him put
17 that uniform back on tomorrow and go back to work.
18GGentlemen, thank you, Ma'am.
19GMJ: All right, members of the court, you're about to deliberate
20 and vote on the sentence in this case. It is the duty of each member
21 to vote for a proper sentence for the offense of which the accused
22 has been found guilty. Your determination of the kind and amount of
23 punishment, if any, is a grave responsibility requiring the exercise
221

33 6 2 4
1 of wise discretion. Although you must give due consideration to all
2 matters in extenuation and mitigation as well as those in
3 aggravation, you must bear in mind that the accused is to be
4 sentenced only for the offense of which he has been found guilty.
5 You must not adjudge an excessive sentence in reliance upon possible
6 mitigating action by the convening or higher authority.
7GNow the maximum punishment that may be adjudged in this
8 case is forfeiture of all pay and allowances, confinement for 12
9 months, and a dismissal from the service. This maximum punishment is

10 a ceiling on your discretion. You are at liberty to arrive at any
11 lesser sentence.
12GIn adjudging a sentence, you are restricted to the kinds of
13 punishment, which I will describe, or you may adjudge no punishment.
14 There are several matters, which you should consider in determining
15 an appropriate sentence. You should bear in mind that our society
16 recognizes five principle reasons for the sentence of those who
17 violate the law. They are:

18GRehabilitation of the wrongdoer;
19GPunishment of the wrongdoer;
20GProtection of society from the wrongdoer;
21GPreservation of good order and discipline in the military;
22 and

222GCO3625

1GDeterrence of the wrongdoer and of those who know of his
2 crimes and his sentence from committing the same or similar offenses.
3GThe weight to be given any or all of these reasons along
4 with all other sentencing matters in this case rests solely within
5 your discretion.
6GNow this court may adjudge a reprimand being in the nature
7 of a censure. The court shall not specify the terms or wording of
8 any adjudged reprimand.
9GThis court may adjudge restriction to limits for a maximum

10 period not to exceed 2 months. For such a penalty, it is necessary
11 for the court to specify the limits of the restriction and the period
12 it is to run. Restriction to limits will not exempt an accused from
13 any assigned military duty.
14GAs I've already indicated, this court may sentence the
15 accused to confinement for a maximum of 12 months. A sentence to
16 confinement should be adjudged in either full days or full months, or
17 in this case a full year. Fractions such as one-half or one-third
18 should not be employed, so for example, if you adjudge confinement,
19 confinement for a month and a half should instead be expressed as
20 confinement for 45 days. This example should not be taken as a
21 suggestion, only as an illustration of how to properly announce your
22 sentence.

223G c 3 3 6 2 6

1GThis court may sentence the accused to forfeit all pay and
2 allowances. A forfeiture is a financial penalty, which deprives an
3 accused of military pay as it accrues. In determining the amount of
4 forfeiture, if any, the court should consider the implication to the
5 accused and his family of such a loss of income. Unless a total
6 forfeiture is adjudged, a sentence to a forfeiture should include an
7 express statement of a whole dollar amount to be forfeited each month
8 and the number of months the forfeiture is to continue. The accused
9 is in pay grade 02 with over 2 years of service, thus, his total

10 basic pay is $3,421.50 per month. This court may adjudge any
11 forfeiture up to and included forfeiture of all pay and allowances.
12GNow, any sentence, which includes either confinement for
13 more than 6 months or any confinement and a dismissal will require
14 the accused, by operation of law, to forfeit all pay and allowances
15 during the period of confinement. However, if the court wishes to
16 adjudge any forfeiture of pay and/or allowances, the court should
17 explicitly state the forfeiture as a separate element of the offense.
18GNow there's been some reference, through the testimony of
19 the accused's wife, of him being the, essentially, the breadwinner
20 for the family. When an accused has dependents, the convening
21 authority may direct that any or all of the forfeited--forfeiture of
22 pay, which the accused otherwise by law would be required to forfeit
23 be paid to the accused's dependents for a period not to exceed 6

224

03627
1 months. This action by the convening authority is purely
2 discretionary. You should not rely upon the convening authority
3 taking this action when considering an appropriate sentence in this
4 case.
5GYou are advised that the stigma of a punitive discharge is
6 commonly recognized by our society. A punitive discharge will place
7 limitations on employment opportunities, and will deny the accused
8 other advantages, which are enjoyed by those, I'm sorry, by one whose
9 discharge characterization indicates that he has served honorably.

10 A punitive discharge will affect an accused's future with regard to
11 his legal rights, economic opportunities, and social acceptability.
12GThis court may adjudge a dismissal. You are advised that a
13 sentence of a dismissal of a commissioned officer is in general the
14 equivalent of a dishonorable discharge of a noncommissioned officer,
15 a warrant officer who is not commissioned, or an enlisted soldier. A
16 dismissal deprives one of substantially all benefits registered, I
17 mean sorry, administered by the Veteran's Administration and the Army
18 establishment. It should be reserved for those who, in the opinion
19 of the court, should be separated under conditions of dishonor after
20 conviction of serious offenses of a civil or military nature
21 warranting such severe punishment. Dismissal, however, is the only
22 type of discharge the court is authorized to adjudge in this case.

225
-628
)o
uuo
1GFinally, if you wish, this court may sentence the accused
2 to no punishment.
3GIn selecting a sentence, you should consider all matters in
4 extenuation and mitigation as well as those in aggravation. You
5 should consider evidence admitted as to the nature of the offense of
6 which the accused stands convicted, plus the evidence you heard

concerning his good military character; his record for good conduct
8 and efficiency; the fact that he was in combat; his education, which
9 includes the Masters Degree in Counseling; and the character

10 testimony that you heard from the various witnesses. You should also
11 consider that a plea of guilty is a matter in mitigation, which must
12 be considered along with all other facts and circumstances of the
13 case. Time, effort, and expense to the government usually are saved
14 by a plea of guilty. Such a plea may be the first step toward
15 rehabilitation.
16GDuring argument, trial counsel and defense counsel
17 recommended that you consider a specific sentence in this case. You
18 are advised that the arguments of counsel and their recommendations
19 are only their individual suggestions and may not be considered as
20 the recommendation or opinion of anyone other than such counsel.
21GNow when you close to deliberate and vote, only the members
22 will be present. I remind you that you all must remain together in

23 the deliberation room during deliberations. I also remind you that

226GCO3629
1 you may not allow any unauthorized intrusion into your deliberations.
2 You may not make any communications to or receive communications from
3 anyone outside the deliberation room by telephone or otherwise.
4 Should you need to take a recess or have a question or when you've
5 reached a decision, you may notify the bailiff who will then notify
6 me of your desire to return to open court to make your desires or
7 decision known.
8GYour deliberations should begin with a full and free
9 discussion on the subject of sentencing. The influence of

10 superiority in rank shall not be employed in any manner to control
11 the independence of members in the exercise of their judgment.
12GWhen you have completed your discussion, then any member
13 who desires to do so may propose a sentence. You do that by writing
14 out on a slip of paper a complete sentence. The junior member
15 collects the proposed sentences and submits them to the president who
16 will arrange them in order of their severity. You then vote on the
17 proposed sentences by secret written ballot. All must vote. You may
18 not abstain. Vote on each proposed sentence in its entirety
19 beginning with the lightest until you arrive at the required
20 concurrence, which is two-thirds, or in this case, seven members.
21GThe junior member will collect and count the votes. The
22 count is then checked by the president who shall announce the result
23 of the ballot to the members. If you vote on all of the proposed

227

C6'3630
DOD 002340
1 sentences without arriving at the required concurrence, you may then
2 repeat the process of discussion, proposal of sentences, and voting,
3 but once a proposal has been agreed to by the required concurrence,
4 then that is your sentence.
5GYou may reconsider your sentence at any time prior to its
6 being announced in open court. If after you determine your sentence

any member suggests you reconsider the sentence, open the court and
8 the president should announce that reconsideration has been proposed
9 without reference to whether the proposed reballot concerns

10 increasing or decreasing the sentence. I will then give you specific 11 instructions on the procedure for reconsideration. 12GNow as an aid in putting the sentence into proper form the 13 court may use the sentence worksheet, which has been marked as 14 Appellate Exhibit IV, and you will have that to take back into the 15 deliberation room with you. 16/ In fact, Bailiff, would you please hand that to the 17 president, ColonelG-No, wrong Colonel. 18G
[The bailiff did as directed.]
19GMJ: Now extreme care should be exercised in using this
20 worksheet and in selecting the sentence form, which properly reflects
21 the sentence of the court. If you have any questions concerning
22 sentencing matters, you should request further instructions in open
23 court in the presence of all parties to the trial. In this

228
C33631
1 connection, you are again reminded that you may not consult the

Manual for Courts-Martial or any other publication or writing not
3 properly admitted or received during this trial. These instructions
4 must not be interpreted as indicating any opinion as to the sentence,
5 which should be adjudged for you alone are responsible for
6 determining an appropriate sentence in this case.
7GNow in arriving at your determination, you should select
8 the sentence which will best serve the ends of good order and
9 discipline, the needs of the accused, and the welfare of society.

10 When the court has determined a sentence, the inapplicable portions
11 of the sentence worksheet should be lined through. When the court
12 returns, I will examine the sentence worksheet. The president will
13 then announce the sentence.
14GNow do counsel for either side object to the instructions
15 as given or request other instructions?
16GTC: No, Ma'am.
17GDC: No, Your Honor. One issue, though, before the exhibits are
18 passed to the members. Because we were able to make phone contact,
19 we do need to make modification to Defense [Exhibit] Alpha before
20 that gets given to the members.
21GMJ: All right, Bailiff, why don't you hand Defense Exhibit A to
22 CaptainGso he can make that modification.

229

033632

=.=

1 [The bailiff did as directed and the DC made the modification to DE
2G

A.]
3GTC: The other issue, Ma'am, is that we requested copies of the
4 stip of fact and the OER be given to the panel members as well.
G

5 MJ: Well those are exhibits. They'll go back.

TC: Yes, Ma'am.
G

7 MJ: Now while they're doing that administrative thing, do any
8 of the panel members have any questions based on the sentencing
9 instructions that I've given you?

10 [All members indicated a negative response.]
11GMJ: All right. Now----
12GPRES: Your Honor, I have one. Are we authorized to make any
13 additional recommendations above and beyond what is listed here?
14GMJ: No.
15GPRES: Okay.
16GMJ: Those for good or ill are your choices as far as
17 sentencing. Now you will have the exhibits, I'm sorry if you want to
18 take a recess during your deliberation for any reason, we have to
19 formally reconvene the court and then recess. Now you do have
20 latrine facilities right off your deliberation room and no one else

21 will be going back there. Now knowing that, do you wish, at this
22 time, to take a recess before you begin deliberation or would you
23 like to begin immediately?

230

033633
1GPRES: Begin immediately, Ma'am.

2GMJ: All right, now Bailiff, would you please give the president
3 of the panel Prosecution Exhibits 1, 2, and 3 and Defense Exhibits A,
4 B, and C.
5 [The bailiff did as directed.]
6GMJ: Oh, I'm sorry. Not B, that's the tape that was played, so
7 you've already heard that.
8GNow please don't mark on any of the exhibits except for
9 that sentence worksheet, and when you do come back after--when you've

10 completed your deliberations, please bring all the exhibits with you.
11GDo you have any questions?
12 [All members indicated a negative response.]
13GApparently not. Please go back and begin your

MJ:
14 deliberations.
15G

[The court-martial closed at 1543, 1 July 2004.]
16G [END OF PAGE]

231

003634
1 [The session was called to order at 1544, 1 July 2004.]
2 [All parties present when the court recessed were again present in
3 court with the exception of the panel members.]
4GMJ: All right, you may be seated. Is there anything else we
5 need to deal with while the panel is deliberating?
6GDC: Your Honor, the only thing I can think of would be the post
7 trial and appellate rights. The accused has already signed this.
8 can have it marked by the court reporter.
9GMJ: Yeah, have it marked, but I'll actually go over those with

10 him when they've--after they've given us our sentence and I have sent

11 them on their way.

12GDC: Thank you, Your Honor.

13GMJ: Anything-else?
14GTC: No, Ma'am.
15GDC: Nothing from the defense, Your Honor.
16GMJ: All right, then the court will be closed.
17G

[The session recessed at 1545, 1 July 2004.]
18G

[The session was called to order at 1730, 1 July 2004.]
19GMJ: Court is called to order. You may be seated. Let the
20 record reflect that all parties present with the exception of the
21 members are present.
22GI've been informed that the members have a question.
23 Essentially, I guess, they're asking for written instructions, which

232

033 635

1 I don't believe I promised to give them nor do I intend to give them,

2 so what I propose to do is bring them out and see if there's any

3 specific question they have and address that.

4GSo, Bailiff, if you'd bring the members in, thanks.
5 [The bailiff did as directed.]
6 [The session recessed at 1731, 1 July 2004.]

7G [END OF PAGE]

233
03636
1 [The court-martial opened at 1732, 1 July 2004.]
2GMJ: You may be seated. Let the record reflect that the members
3 have now joined us.
4GColonel 11111111 I've been informed that there's some
5 question that the members have.
6GPRES: Yes, Your Honor, if you could reread your instructions to

7 the members.
8GMJ: All of them or is there some specific question that you

9 have?
10GPRES: All of them, please, Ma'am.
11GMJ: All of them?
12GPRES: Yes, Ma'am, and then we will ask a specific question if

13 it's not answered.
14GMJ: Well----
15GPRES: And if at anytime, could I--if you've answered our
16 question I could just say, "Okay, we understand."
17GMJ: Well I suppose I can, it's just that if you've got a
18 question about a specific form of a punishment or how you're supposed
19 to vote, it would be easier to do that. It's not the norm for us to
20 completely reread instructions. Can you point me at something a
21 little more specific than just all of the instructions?
22GPRES: Yes, Your Honor, okay. Your Honor, could you discuss the
23 types of punishment and their impact?

234G 033637
/
1GMJ: Yes, that I would be happy to go over with you.
2GThe types of punishment this court can impose are as
3 follows:

4GThe court may adjudge a reprimand being in the nature of a
5 censure. The court shall not specify the terms or wording of any
6 adjudged reprimand.
7/ This court may adjudge restriction to limits for a maximum
8 period not exceeding 2 months. For such a penalty, it is necessary
9 for the court to specify the limits of the restriction and the period

10 it is to run. Restriction to limits will not exempt an accused from

11 any assigned military duty.
12GAs I've already indicated, this court may sentence the
13 accused to confinement for a maximum of 12 months. A sentence to

14 confinement should be adjudged in either full days or full months, or
15 in this case one year. Fractions such as one-half or one-third
16 should not be employed, so for example, if you do adjudge
17 confinement, confinement for a month and a half should instead be
18 expressed as confinement for 45 days. This example should not be
19 taken as a suggestion, only as an illustration of how to properly
20 announce your sentence.

21GThis court may sentence the accused to forfeit all pay and
22 allowances. A forfeiture is a financial penalty, which deprives an
23 accused of military pay as it accrues. In determining the amount of

235/
C 3 6 3 8
1 forfeiture, if any, the court should consider the implications to the
2 accused and his family of such a loss of income. Unless a total
3 forfeiture is adjudged, a sentence to a forfeiture should include an
4 express statement of a whole dollar amount to be forfeited each month
5 and the number of months the forfeiture is to continue. The accused
6 is in pay grade 02 with over 2 years of service, thus, his total
7 basic pay is $3,421.50 per month. This court may adjudge any
8 forfeiture up to and including forfeiture of all pay and allowances.

9G

Any sentence, which includes either confinement for more
10 than 6 months or any confinement and a dismissal will require the
11 accused, by operation of law, to forfeit all pay and allowances
12 during the period of confinement. However, if the court wishes to
13 adjudge any forfeitures of pay and/or pay and allowances, the court
14 should explicitly state the forfeiture as a separate element of the

15 sentence.
16G

Now when the accused has dependents, the convening
17 authority may direct that any or all of the forfeiture of pay, which
18 the accused otherwise by law should be or would be required to
19 forfeit be paid to the accused's dependents for a period not to
20 exceed 6 months. This action by the convening authority is purely
21 discretionary. You should not rely upon the convening authority
22 taking this action when considering an appropriate sentence in this

23G

case.

G

236 033639
1GYou are advised that the stigma of a punitive discharge is
2 commonly recognized by our society. A punitive discharge will place
3 limitations on employment opportunities, and will deny the accused
4 other advantages, which are enjoyed by one whose discharge
5 characterization indicates that he has served honorably. A punitive
6 discharge will affect an accused's future with regard to his legal
7 rights, economic opportunities, and social acceptability.
8GThis court may adjudge a dismissal. You are advised that a
9 sentence to a dismissal of a commissioned officer is in general the

10 equivalent of a dishonorable discharge of a noncommissioned officer,
11 a warrant officer who is not commissioned, or an enlisted soldier.
12 dismissal deprives one of substantially all benefits administered by
13 the _Veteran's Administration and the Army establishment. It_should
14 be reserved for those who, in the opinion of the court, should be
15 separated under conditions of dishonor after conviction of serious
16 offenses of a civil or military nature warranting such severe
17 punishment. Dismissal, however, is the only type of discharge the
18 court is authorized to adjudge in this case.
19GFinally, if you wish, this court may sentence the accused
20 to no punishment.
21GDoes that answer your questions, then?
22GPRES: Yes, Ma'am, it does.

237G

CO3640
1GMJ: All right, then, please return to your deliberations.
2G

[The court-martial closed at 1738, 1 July 2004.]
3G [END OF PAGE]

238GCO3641-

1 [The session was called to order at 1739, 1 July 2004.]
2GMJ: Let the record reflect that the panel has left us. You may
3 be seated.
4GDo either counsel have any objections to the rereading of
5 the different types of punishment as I've just done it?

G

6 TC: No, Ma'am.

DC: No, Your Honor.
G

8 MJ: All right, then the court will be closed.
9G

[The session recessed at 1740, 1 July 2004.]
10G [END OF PAGE]
11

/
239 003642
1 [The court-martial opened at 1822, 1 July 2004.]
2G

MJ: Court is called to order. You may be seated. Let the
3 record reflect that all parties present at the time of the recess are
4 again present with the exception of the members.

5G

I've been informed that the members have reached a verdict
6 [sic]. Bailiff, would you ask them to come in, please?
7 [The bailiff did as directed and the members entered the courtroom.]

8G

MJ: You may be seated. Colonel 111111111 have you reached a

9 verdict [sic]?
10GPRES: Yes, Your Honor, we have.
11G

MJ: All right is it reflected on the sentence worksheet?
12GPRES: Yes, Ma'am, it is.
13G

MJ: Would you fold that in half, and Bailiff, would you
14 retrieve that, please, and give that to me.
15 [The bailiff did as directed.]
16GMJ: Thank you.
17G

All right, I've reviewed the sentence worksheet and it
18 appears to be in proper form.
19GBailiff, would you return that to ColonelG

, please?

20G

[The bailiff did as directed.]
21G

MJ: Defense Counsel and Accused, please rise.
22 [The accused and his counsel did as directed.]
23G

MJ: Colonel would you please announce the sentence?

240
033643
DOD 002353
1.GPRES: Yes, Ma'am. Your Honor, first we'd like to thank the
2 court for their professionalism today. We'd like to thank you
3 personally for your guidance and instruction. We'd like to thank
4 counsel both prosecution and defense for their elegance of
5 presentation. To the military witnesses, we thank you for your
6 service, and we thank you for your sacrifice. ToG

we
7 thank you for your strength and testimony. We know this was an
8 extremely difficult time for you.
9GFirst LieutenantG, Jr. this court-martial
10 sentences you:
11GTo be reprimanded;

12GTo forfeit $1,003.00 per month for 12 months.
13GYour Honor, that concludes our sentence.
14GMJ: Thank you. You may be seated.

15 [The accused and his counsel did as directed.]
16GMJ: All right, Bailiff, would you retrieve the exhibits from
17 ColonelGincluding the worksheet?

18G

[The bailiff did as directed.]
19GMJ: Now members of the court, before I excuse you, please let
20 me advise you of one matter. If you are asked about your service on
21 this court-martial, I remind you of the oath that you took.
22 Essentially, that oath prevents you from discussing your
23 deliberations with anyone to include stating any members' opinion or

241 G033644
1 vote unless ordered to do so by a court. You may, of course, discuss
2 your personal observations in the courtroom and the process of how a
3 court-martial functions, but not what was discussed during your
4 deliberations.
5GThank you for you attendance and service. You are excused
6 now. The counsel and the accused will remain.
7 [All the members withdrew from the courtroom.]
8 [The court recessed at 1825, 1 July 2004.]
9G [END OF PAGE]

242

1 [The session was called to order at 1826, 1 July 2004.]
2GMJ: You may be seated. All right, LieutenantGwe're
3 going to discuss the operation of your pretrial agreement on the
4 sentence of the court. As we discussed earlier today, the pretrial
5 agreement provides that the convening authority would disapprove any
6 confinement adjudged in excess of 45 days, but could approve any
7 other lawful punishment. My understanding of the affect of the
8 pretrial agreement on the sentence, then, is that the convening
9 authority may approve the sentence that the panel just read, that is,

10 he may approve the reprimand, and he may approve the forfeitures of

11 $1,003.00 per month for 12 months. Do you agree with that

12 interpretation?

13GDC: Yes, Your Honor, the defense agrees with that

14 interpretation.

15GMJ: Well I need to know specifically----

16GDC: Oh.

17GMJ: ----if Lieutenantillirgrees.

G

18 ACC: Yes, Ma'am.

19GDC: I'm sorry.

20GAll right, do counsel also agree?

MJ:

21GTC: Yes, Ma'am.

22GDC: Yes, Your Honor.

G

243 003646
1G

MJ: All right, now Captain have you advised the accused
2 orally and in writing of his post trial and appellate rights?
3G

DC: Yes, Your Honor, I have, and I ask your forgiveness. I
4 left the copies on my desk in the counsel office. If could have a 20
5 second break in place, I'll go retrieve those.
6GMJ: Okay.
7GDC: Thank you, Ma'am.
8 [The DC exited the courtroom.]
9 [The DC reentered the courtroom.]

10GDC: Thank you, Your Honor.
11GMJ: All right, LieutenantG

I have what's been marked as
12 Appellate Exhibit IX in front of me the post trial and appellate
13 rights. Do you have a copy there in front of you?
14GACC: Yes, Ma'am.
15GMJ:

And I want you to take a look at page five. That's the
16 last page.
17GACC: Yes, Ma'am.
18GMJ: Did you sign that page?

19GACC: Yes, Ma'am.
20GMJ: And Captain Gis that your signature there also?
21GDC: It is, Your Honor.

22GMJ: LieutenantG

did your defense counsel explain your
23 post trial and appellate rights to you?
244

60364'

1GACC: Yes, Ma'am.
2G

MJ: Do you have any questions about your post trial and

3 appellate rights?
4GACC: No, Ma'am.
5G

MJ: Are there any other matters to be taken up before this

6 court adjourns?
7GTC: No, Ma'am.
8G

DC: Nothing from the defense, Your Honor.
9GMJ: All right, then, court is adjourned.
10 [The court-martial adjourned at 1828, 1 July 2004.
11G

(END OF PAGE]

r

G

245 003648
AUTHENTICATION OF RECORD OF TRIAL

in the case of

First Lieutenant,
615 Military Police Company, APO AE 09114

I received the complet0 record of trial for review and
authentication on „2454kbee_0_42.4_2004.

Pages 1 - 13
LTC, JA
Military Judge

Je-2/6e,,,_/-J...e.A./2004
I received the comple ed record of trial for review and
authentication on .To l 2004.

G

Pages 14 - 245
CO

CO , JA
Military Judge

200\
I have examined the record of trial in•the foregoing case.

CPT, JA
Defense Counsel

2004

G

246

CJ3649

AUTHENTICATION OF RECORD OF TRIAL

in the case of

First LieutenantG

U.S. Army, 615th

Military Police Company, APO AE 09114

I received the completed record of trial for review and authentication

onG

2004.

COL, JA
Military Judge

, 2004

ACKNOWLEDGEMENT OF RECEIPT AND EXAMINATION

I received the record of trial for review in the foregoing case on

22.
Oc1 o\er 04_90 G
2004.

CP ,
Defense Counsel

30Ev e mkbe G, 2004
The record of trial was served on defense counsel on G

G

2004. After verifying receipt with defense counsel on

G

2004 and conferring with the military judge on review

by defense counsel on G

, 2004 the record was
forwarded for authentication without completion of the defense

counsel's review.

Chief, Military Justice

246

C33
ACTION

DEPARTMENT OF THE ARMY
Headquarters, Seventh Army Training Command
Unit 28130
APO AE 09114-8130

/
In the case of First Lieutenant U.S. Army, 615th Military Police Company, APO AE 09114, (currently attached to Headquarters, Seventh Army Training Command due to the deployment of the 1st Infantry Division to Iraq) the finding of guilty and the sentence is disapproved. The charge is dismissed. The adjudged forfeitures were deferred effective 4 August 2004 until date of convening authority action.
t
MARK P. HERTLIN Brigadier General, US Commanding
033651

PROSECUTION EXHIBITS ADMITTED

C 33652
United States of America / ) ) Stipulation of Fact
v. ) ) 17 June 2004 ) )
First Lieutenant, U.S. Army /) 615th Military Police Company/) APO AE 09114-3700
It is hereby agreed by and between Trial Counsel and Defense Counsel with the express consent of the accused that the following facts are true; that these facts are admissible /-despite any evidentiary rule or Rule for Courts-Martial that might otherwise make them inadmissible; that these facts may be used for the determination of guilt or innocence or any other purpose; that these facts may be considered by the sentencing authority in determining an appropriate sentence even if otherwise inadmissible; and that the accused waives any objection he may have to the admission into evidence of these facts.
1.
The accused joined the United States Army on 7 November 2000. He completed Basic Training and Officer Candidate School at Fort Benning, Georgia. He was commissioned into the Military Police Corps on 10 May 2001. He is on active duty in the Army and was on active duty at the time of the charged offenses.

2.
In July 2003. the 615th Military Police Company was deployed to Iraq. The accused

was responsible for the administration of the Al-Taji Police Station in Baghdad. Iraq. and for the training of the Iraqi Police force.

3.
On 29 July 2003, several detainees at the Al-Taji Police Station attempted to escape from the Al-Taji Police Station by knocking a hole through the latrine wall with a pipe. On 30 July 2003, the accused went to the Al-Taji Police Station and requested to see the damage and the prisoners who committed the dama ,e. The accused went to the detention section of t *ail and was accompanied b SSG/ , SG'

SG/ and SP/sh./ree prisoners w oatte ted to esc/ified an sennrate rom the other prisoners. SPIRO stayed with the other prisoners as SSG /SGT1111 and SGT/accompanied
the accused as he escorted the three prisoners who attempted to escape in the latrine/shower room.
4. As the three prisoners were escorted into the latrine/shower room, the accused grabbed the first prisoner from behind his head and started yelling. "did you do this?" He swung the prisoner by his head in the direction of the damaged wall, throwing him towards the damaged wall. The accused then grabbed the second prisoner from behind his head and threw him in the same direction. The third prisoner suddenly realized what was happening and moved towards the other prisoners. The accused suddenly stepped towards the prisoners, grabbed one of them, and punched him in the stomach, causing the prisoner to fall down holding his stomach. The accused then grabbed the second prisoner and
rN -Innrn
utiOuJi
punched him in the stomach and caused him to fall. The third prisoner /eared to he
afraid and fell to the ground saying "no mister, please no." SS
grabbed the accused and attempted to pull him back, however, t e accused is e t
third prisoner in the shoulder as he sat on the ground begging the accused not to strike
him.

5.
The accused did not immediately report the incident. However, the incident was
immediately reported by the Platoon Sergeant, SSG

6.
The accused did not have a legal reason for strikin the three • /ers. He stated that
time of the incident he d' of feel that his, SSG / SGT..",

or SGT/'s safety was in jeopardy. The prisoners were -.
unarme and were never perceived as a threat. Therefore, he did not act in self-defense.

7. Finally, and in summary. the accused admits the following facts are true:
a.
On or about 30 July 2003, the accused, at or near the Al-Taji Police Station. Baghdad, Iraq, was cruel toward and did maltreat 1111111111111111111111andalillmina MIRO persons subject to his orders, by striking them in the stomach with a closed list. The accused was cruel towards and did maltreats /a person subject to hisorder. by kicking him in the shoulder.

b.
On or about 30 July 2003, the accused did, at or near Al-Taji Police Station. Baghdad, Iraq, w on leader in the 615th Military Police Com an . and in the presence of SSG/ n, and SGT wrongfully and dishonorably grab e neck and stria im in stomach with a closed fist, wrongfully and dishonorabl strike / in the stomach with a closed fist, and while being detained b /wrongfully anddishonorably kick IMMIIIIMMin the shoulder, all tote is ace of the Officer'sCorps, and the Armed Forces.

41/11.
MEW 111111111111111.111 1/6t1
CPT, JA/ I LT, MP CPT, JA Defense Counsel/Accused Trial Counsel
End
Sworn Statement on 6 August 03

033654
2
L9
SWORN STATEMENT
For use of this form, see AR 19045; the proponent agency is ODC5OPS
PRIVACY ACT STATEMENT

AUTHORITY;
Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 ISSN).

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1LT Niles is an outstanding leader who distinguished himself
-
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operations in sip rt of Operation Iraqi Freedom in Baghdad, Iraq. As;'
110VE CE IW MASS
Captain, ILT Niles excelled in every aspect of a very demanding and stra Battle i; 1114111/ position. Glenn is a caring and compassionate warrior leader and essfilt
06111011 144;
,1a4 an officer of
incredible integrity and honor. Promote to Captain, send toTER DI M S . C 's Career
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-Niles has excellent pOtent
OW CENT i 1W MASS
RET IN

4 .1
tor3 fitowe sitiavuonmit 101141141111efflams irrn wna011-1(0111 016 courIMINCATIVON CPI WWI ITC
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Company Commander, Battalion Assistant 53, Battalion Si. . 1:01110 07-
(Reversal
1131414 V103
C33664
DEFENSE EXHIBITS ADMITTED

C J36611,
First Lieutenant
Glenn Ara Niles, Jr.

615th Military Police Company Grafenwoehr, Germany
CO3666

OER's

LETTERS OF
SUPPORT
ACCOMPLISHMENTS/ FAMILY PHOTOS
615th MP CO in OIF
'033667

REMOVED BATES PAGES 3668 - 3697
(RECORD OF TRIAL - 1LT GLENN A. NILES, JR.)

(30 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS WRITTEN TO THE
CONVENING AUTHORITY BY FAMILY AND FRIENDS ON BEHALF
OF 1LT NILES AND OTHER RECORDS CONTAINING PRIVATE
INFORMATION, WHICH WERE DETERMINED TO BE
NONRESPONSIVE TO PLAINTIFF'S FOIA REQUEST

3 4 6 7 4

APPELLATE EXHIBITS

033698
G

10/U6/2004 16:46G

+499641E07'753

GRAFENWOEHR LAW CTRG

S.G

02/04

Jun 10 04 05:13p Viig"ack Trial Derense 4111._

p. 1
IN THE UNITED STATES ARMY
FIFTH JUDICIAL CIRCUIT

UNITED STATES
v.
OFFER TO PLEAD GUILTY
GLENN A. NILES, JR.
10 June 2004

First Lieutenant, U.S. Army
615th Military Police Company
APO, AE 09114

‘,1 ;I. I, First Lieutenant Glenn A. Niles; Jr., SSN 111¦111111, 015th Military Police Company, Grafenwoehr, Germany, the accused.in the court-martial now pending, having examined the evidence relating to the Charges and Specifications against me, having received the:benefit of the advice and counsel of my defense counsel, and understanding that I have a legal.and
moral right to plead not guilty, hereby. offer to:
a. Plead as follows:
To Specification 1 of Charge I: Not Guilty_
To Specification 2 of Charge I: Not Guilty.
To Specification 3 of Charge I: Not Guilty.
To Charge I: Not Guilty_

To The Specification of Charge II: Guilty.
To Charge II: Guilty.

b.
Enter into a written stipulation of fact with the trial counsel as to the circumstances
of the offenses to which I am pleading guilty.

c_ Waive the right to request personal appearances of overseas witnesses to testify on
my behalf at trial.

d. Waive the right to make a motion at trial to dismiss all charges for a violation of
R.C.M. 707 (Speedy Trial), and to withdraw the motion to dismiss filed on 9 June 2004.
2.
In exchange for my actions as stated in paragraph 1, above, the convening authority will
take the actions specified in the enclosure to this offer.

3.
This offer to plead guilty will not be affected if the military judge amends any specifications
or charges based upon a motion by the defense, government or sua sponte by the military
udge.

4.
There are no other promises, conditions, or understandings regarding my proposed plea of
guilty that are not contained in this offer and the enclosure.

033699
Iptuo/z1204 ib:4b G

+499641037253G

GRAFENWOEHR LAW CTR

S.O03/04
Jun 10 04 05:13p Vi...eck Trial Defense p.2
495. I am satisfied
with the advice of the defense counsel detailed to me. He has advised me of the meaning and effect of this guilty plea, and I fully understand the meaning and effect
thereof.
Ili) accepted6_ I understand that I may request to withdraw this plea of guilty at any time before my plea is and that if I do so, this agreement Is canceled_ This agreement may also be
canceled If
a.
I fail to plead guilty as agreed above.
b.
My failure to arrive at an agreement with the government on the contents of thestipulation of fact, or any modifications to the stipulation fact without my consent.
c_ The Mi
4
litary Judge either refuses to accept my plea of guilty or chahges my pleaof
guilty during the trial_
7. If before or during
the trial, any specification it amended, consolidated, orvdismissed with
my consent for any reason this agreement will remain In effect. ­
ave
GLENN A. NILES, JR.
1LT, MP
Accused

Trial Defense Counsel
DEPARTMENT OF THE ARMY, Headquarters, 7th Army Training Command, APO AE 09114
DATE: JUN 1 1 200
The foregoing offe is (accepted) (not accepted)
G o31 0 °

1M/Elb/ 2004 16: 46O+4996410:277753
GRAFENWOEHR LAW URO
S.O04/04
Juno 10 04 05:14p

Vilseck Trial Defense

_ -4763354

p.3
IN THE UNITED STATES ARMY
FIFTH JUDICIAL CIRCUIT

UNITED STATES
)
v. )
GLENN A. NILES, JR. ) ) ) OFFER TO PLEAD GUILTY (QUANTUM PORTION)
First Lieutenant, U.S. Army ) 10 June 2004
615th Military Police Company APO, AE 09114 ) )

1.
I, First Lieutenant Glenn A. Niles, Jr., SSN 1111111111111111615th MilitaryPolice Company,
Grafenwoehr, Germaq, the accused in the court-martial now pendind,.. 1 -offer to plead guilty to the
Charges and Specifications as stated in the Offer to Plead Guilty, and offer to abide by terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authoritythe other agrees to disapprove any confinement adjudged in excess of 45 days.
2. Any other lawful punishment may be ap
N A. NILES. 1LT, MP
CPT, JA
Accused
Trial Defense Counsel
The foregoing offer is (accepted) (
neral, USA
g
JUN 1 1 2004
Cj370 1

IN THE UNITED STATES ARMY
FIFTH JUDICIAL CIRCUIT

UNITED STATES
v.
NOTICE OF PLEA AND

FORUM SELECTION
GLENN A. NILES. JR.
14 June 2004
First Lieutenant, U.S. Army
615th Military Police Company
APO, AE 09114

COMES NOW THE ACCUSED, 1LT Glenn A. Niles, Jr., by and through defense counsel, providing government counsel and this Honorable Court notice of forum selection and pleas.
1.
Forum Selection. The accused requests trial before members.

2.
Notice of Pleas. At trial, the accused will enter the following pleas to the charges, and each of their specifications:

To Specification 1 of Charge I: Not Guilty.
To Specification 2 of Charge I: Not Guilty.
To Specification 3 of Charge I: Not Guilty.
To Charge I: Not Guilty.

To The Specification of Charge II: Guilty.
To Charge II: Guilty.

3. I certify that a copy of this notice was served on CO , MilitaryJudge and CPTOTrial Counsel 4.
CPT, JA Trial Defense Counsel
3702
UNITED STATES

)
)
v.
)
1LT NILES, Glenn A., Jr. ) ) O FLYER
615th Military Police Company APO Army Europe 09114-3700 ) )

)
******************************************************************************
CHARGE: VIOLATION OF THE UCMJ, ARTICLE 133.
Specification: In that First Lieutenant Glenn A. Niles, Junior, U.S. Army, at or near the Al Taji Police Station, Baghdad, Iraq, on or about 30 July 2003, while a platoon leader in the 615th Military Police Company, and in the presence of Staff Sergeant /
Sergeant11.11111111111.11, and Specialist/
-, wrongfully and dishonorably grab1111111111.0 by the neck and strike him in e stomach with a closed fist, wrongfully and
dishonorably strike/ in the stomach with a closed fist, and while beingdetained by Staff/
wrongfully and dishonorably kick in the s oulder, a to the disgrace of the Officer's Corps, and the Armed Forces.
033703

UNITED STATES
v.
SENTENCE WORKSHEET
GLENN A. NILES, JR.
1 July 2004
First Lieutenant, U.S. Army
615th Military Police Company
APO, AE 09114

[NOTE: After the court members have agreed on a sentence, the President shall strike out all inapplicable language. After the Military Judge has reviewed the worksheet, the President will announce the findings by reading the remaining
language.]
First Lieutenant Glenn A. Niles, Jr, this court-martial sentences you:
41,
V IIO.
V' To be reprimanded.
--E1----1-0-138-eenfine€14er O
(day6Hffiell#16-44-1149,114
(To Forfeit vees per month for / 2_
months).
(SignO nt)
033104
AE __LL/
COURT MEMBER QUESTION FORM

I. MY QUESTION IS FOR
(NAME OF WITNESS)

II. MEMBER'S QUESTION(S):

t ‘ k,:f /104,4',•-,-Oo
fle asci
4--te c f7
(NAME OF COURT MEMBER)

COUNSEL REVIEW

OBJECTION/BRE BASIS

NO OBJECTION

TRIAL COUNSEL:

COMMENTS:

I request an Article 39a session: YES / NO.

DEFENSE COUNSEL:
COMMENTS:

I request an Article 39a session: YES / NO.

APPELLATE EXHIBIT

G33705
COURT MEMBER OUESTION FOR1

I. MY QUESTION IS FOR
---111111111111111111
(NAMGE WITNESS)
II. MEMBER'S QUESTION(S):

'7'
• 0 G(9AS W-1-E //-e/
6c)
(NAME OF

COUNSEL REVIEW

OBJECTION/MRE BASIS

TRIAL COUNSEL:

)

COMMENTS:

I request an Article 39a session: YES / NO.

DEFENSE COUNSEL:
COMMENTS:

I request an Article 39a session: YES / NO.

APPELLATE EXHIBIT

CODRT MEMBER QUESTION

,N FO

I. 24Y QUESTION IS FOR
11111111111e!' WITNESS)
II. MEMBER'S QUESTION(S):

NAME. OF CO T.MEMBER

9ESTioo

BJ

S

TRIAL COUNSEL:

COMMENTS:

I request an.Article 39a session: YES / NO.

DEFENSE COUNSEL:

COMMENTS:

I request an Article 39a session: YES / NO.

••••••¦•••••¦111.11011=0.1.0.
V I I

APPELLATE EXHIBIT ---

Ca3707
COURT MEMBER OUESTION FORA

I. MY QUESTION
IS FOR ---111111111 (!!!!!OF.WITNESS)
II. MEMBER'S QUESTION(S):

God 7ire C#4/1/66-
or NATEk oe& A
(NAME OF COURT MEMBER)

COUNSEL REVIEW

OBJECTION/MRE BASIS

TRIAL COUNSEL:

COMMENTS:

I request an Article 39a session: YES / NO.

DEFENSE COUNSEL:

COMMENTS:

I request an Article 39a session: YES / NO.

APPELLATE EXHIBIT

003768
APPELLATE EXHIBIT IX
THE POST TRIAL AND APPELLATE RIGHTS
ARE LOCATED IN THE FRONT OF THE ROT IN THE
APPROPRIATE PLACE

APPELLATE EXHIBIT IX

033109
7Th
8 LANK
?AGE

b331.1.0

BATES PAGES 3711 - 5918

(PFC LYNINDIE R. ENGLAND COURTS-
MARTIAL RECORD OF TRIAL)

HAVE BEEN WITHHELD PURSUANT
TO FOIA EXEMPTION B(7)(A)