Court-Martial of Jeremy G. Sivits (Includes Verbatim Record of Trial)

REDACTED
COPY

0 05 91 9
COURTNMARTIAL RECORD

NAME ST Vi-rs) TEREMY C,SLS` Pc.
SSN 11.11.11111.11
ACTIONS CODED: ASSIGNED. l'TO:
INITIAL JJAN 27 2005. PANEL Li'
ACCA • EXAM. DIV.
FINAL
COMPANION(S): EE REV8Rs6 SE

RETURNTHIS.FILE TO:

:
OFFICE OF THE CLERK_OF COURT
US:ARMY JUDICIARY
901 NORTH -STUART STREET,. SUITE. 1200
ARLINGTON, VA. 222034a37

VOL. or "
2 0 0 4 0 5 5 1
ARMY
4.0
JALS-CC FOEM 24, i;OCTOBIER:2000'
UNITED STATES ARMY JUDICIARY
901 NORTH STUART STREET
ARLINGTON, VIRGINIA 22203-1837

UNITED STATES
ARMY 20040551

v.
REFERRAL AND DESIGNATION
SPC JEREMY C. SIVITS OF COUNSEL

1.
The record of trial in this case having been received for
review pursuant'to Article 66(b), Uniform Code of Military
Justice, the record is, by authority of The Judge Advocate
General, hereby referred to the United States Army Court of
Criminal Appeals for appellate review. Pursuant to assignment
procedures approved by the Chief Judge, the record is assigned
to the Panel indicated below.

2.
Pursuant to Article 70(c)(1), Uniform Code of Military
Justice, the Chief, Defense Appellate Division, and such
additional or other appellate counsel as he may assign, shall
represent the accused in these proceedings and in any further
or related proceedings in the United States Court of Appeals
for the Armed Forces. The Chief, Government Appellate
Division, and such additional appellate counsel as he may
assign, shall represent the United States.

Date: 24 January 2005

PANEL 4
FOR THE CLERK OF COURT:

11 1111

Paralegal Specialist

DISTRIBUTION:

if NOV:J/110
JALS-DA
JALS-GA

9 S: t d ti W
005921

VOL I of III
ORIGINAL COPY .
VERBATIM1
RECORD OF TRIAL2
(and accompanying papers)
OF
SIVITS, Jeremy C. (NAME: Last, First Middle,Initial) HHC, 16th MP Bde (ABN) (Social Security Number) Specialist (Rank)

III Corps US Army Victory Base, Iraq
(unit/Command Name) (Branch of Service) (Station or Ship)
BY SPECIAL (BCD) COURT—MARTIAL
CONVENED BY COMMANDING GENERAL (Title of Convening Authority)

Headquarters, III Corps
(Unit/Command of Convening Authority)
TRIED AT
Baghdad, Iraq
ON

19 May 2004
(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES:
SPC ARMY 20041130 — referred Clerk of Court 01-13-05
SSG
-ARMY 20041129 CMCR SGT No Case Record SPC
ARMY 20050054 - CMCR SPC — No Case Record ,411111 SPC
Y 20040973 - CMCR
PFC c-)
No Case Record
rn
c-a
cotb rri

Pretrial anicaipapers
Cf../
7:) •
Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim rc„qoAaof trial only.)2 Sec inside back cover for instructions as to preparation and arrangement. DD FORM 990, OCT 84 if U 9 '1'9
Previous editions are obsolete.S
FRONT COVER
A A A n ono..

CHRONOLOGY SHEET.'

In the case of U.S. v. Specialist Jeremy C. Sivits
(Rank and Name of Accused)
• Date of alleged commission of
earliest offense tried: 8 November 2003.
(Enter Date)
Date record forwarded to The Judge Advocate General: 2
•
(Enter Date)
CLYDE J. TATE II, COL, JA, Staff Judge Advocate
di I-
¦
(S gnature and Ran o a e • vec a or Legal Officer)
•
I In a case forwarded to the Judge Advocate
Action.
General, the staff Judge advocate or legal . Date Cumtdative officer is responsible for completion of the 2004 ElapsedChronology Sheet. Trial counsel should

Days
report any authorized deductions and
1. Accused placed under restraint by military
reasons for any unusual delays of the case.
authority 4
2 Or officer conducting review under Article
2. Charges preferred (date of affidavit)
64(a) (MCM, 1984, RCM 1112) 20 Mar 04 .
3. Article 32 investigation (date of report) 5
3 In computing days between two dates, --_-
disregard first day and count last day. The 4. Charges received by convening authority 5 May 04 46
actual number of days in each month will be

counted. 5. Charges referred for trial 5 May 04 46
6. Sentence or acquittal 60
4 Item 1 is not applicable when accused Is 19 May 04
not restrained, (See MVM, 1984, RCM 304) Less days:
or when he/she is in confinement under a
sentence or court-martial at time charges are Accused sick, In hospital or AWOL 0
preferred. Item 2 will be the zero date if item

1 is not applicable. Delay at request of defense 28
Total authorized deduction s 28
5 May not be applicable to trial by special •
court-martial

7. Net elapsed days to sentence or acquittal
32
6 Only this Item may be deducted 8. Record received by convening authority

25 Jul 04
09
Action 7
7 It no further action Is required, items 1 24 Oct 04 190
through 8 will be completed and chronology

9. Record received by officer conducting review
•
signed by such convening authority or his/her
under Article 64(a)
representative. •
Action (1

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

REMARKS
•
Investigation of the most serious charge was initiated on 20 January 2004. The accused was arraigned
on
19 May 2004. Total of 120 days.
•
•
DD FORM Ann MAV 9f1fIrl

Inside of Front Cover
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1
UNITED STATES POST-TRIAL AND
v.J )J
APPELLATE RIGHTS )SIVITS,JEREMY C.J )
SPC, U.S Army, "J )
HHC, 16th Military Police BrigadeJ)
(Airborne), Ill Corps, Victory Base, Iraq J)
APO AE 09342J

)J28 April 2004
I, SPC JEREMY C. SIVITS, 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 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 any pretrial agreement), 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 autherity is not required to review the case . for legal errors, but may take action to correct legal errors.

right to submit any maters iwiah.tha convening authority tg.gorOd.ar 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 before the convening authority takes action. If I have matters that I wish the convening authority to consider, or matters in response to the Staff Judge Advocate's recommendation, such matters must be submitted within 10 days after I or my counsel receive a copy of the record of trial or I and/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 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 (ACCA). I am entitled to be represented by counsel before such court. If 1 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 Army Court of Criminal Appeals completes its review, I may request that my case be reviewed by the Court of Appeals for the Armed Forces (CAAF). If my caseis reviewed by that Court, I may request review by the Supreme Court of the Unit6d

065924
APPELLATE EXHIBIT 7i V 2 0 o (,) 5 5J
(2. (2-5-
Post-Trial and Appellat; . : sights — United States v. Sivits«La6T-lame»
States. I would have the same rights to counsel before those courts as I have before
ACCA.
6.
If neither a punitive discharge nor confinement for a year or more is approved, 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 ACCA.

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 offense, error prejudicial to
my substantial rights, or the appropriateness of the sentence.
8. I have read and had my post-trial rights explained to me by counsel and I acknowledge these rights and make the elections set for below.
(Please initial whereappropriate.)
LS
a. I understand my post-trial and appellate review rights.
6 as.
ould like a copy of the record of trial served on my-eivifian--eau4sal-,- mymilit. • cou'Sel and--myseff,
c. My defense counsel, "I LT 111.11111111111, will submit R.C.M. 1105 matters in my case.
SCS d. I want to be represented before the Army Court of Criminal Appeals by Appellate Defense Counsel appointed by The Judge Advocate General of the Army. I understand that I may contact my Appellate Defense Counsel by writing to: USALSA, Defense Appellate Division, 901 North Stuart Street, Arlington, VA 22203.
Je. I have been informed that I have the right to retain civilian counsel at my
own expense.
C 0,50
;.)
./LJ4 0 5 5
to, Post-Trial and Appellatif. ;Tights — United States v. Sivits«Lasi:-J\lameD
9. Pending appellate action on my case, I can be contacted, or a message may be left
for me, at the following address:
Name: Jeremy C. Sivits
Street:
City, State, Zip: :

Area Code & Telephone: (
Email Address:

Permanent address (if different from above): SAME
Name:
Street:
City, State, Zip:
Area Code & Telephone: Email Address:

28 April 2004J R MY C. SIVITS 7SPC, USA
I certify that I have advised SPC Jeremy C. Sivits regarding the post-trial and appellate rights as set forth above, that he has received a copy of this document, and that he has made elections concerning appellate counsel.
28 April 2004
1LT, JA

.
Defense Counsel
3 5 1
1. OJAG NUMBER

COURT-MARTIAL DATA SHEET
2. NAME (Last, First, Middle Initial) 3. SOCIAL SECURITY 4. RANK
5. UNIT/COMMAND NAME .
SIVITS, Jeremy C. SPC •
.. . HHC, 16th MP Ede (Abn) •

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.
TC -Trial Counsel. This column will be completed in all cases in which a finding of guilty is'returned.
SPCMCA -Special Court-Martial " Convening Authority who is not empowered to convene a general court-martial. This column will be completed in each special court-martial case by the SPCMCA or his/her designated representative.
KEY TO USE
GCM_ or JA - General Court-Martial
Convening Authority or Judge
Advocate. This column will be
completed in any case in which the
record is forwarded by the commander
exercising general court-martial jurisdiction to The Judge Advocate
General of the branch of service concerned. If the record is reviewed under Article 64(a), UCMJ, this column will be completed by the judge
advocate accomplishing the review
. SECTION A — PRETRIAL AND TRIAL PROCEDURE
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?
b. If not: Did the accused waive his/her right to such representation?
7.
Does the record show place, date, and hour of each Article 39(a) session, the assembly and each opening and closing thereafter?

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

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

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

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 court reopened (A13-5)?

o.
If the military judge or any member present at assembly was thereafter absent, was such absence the result of challenge, physical disability or based 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?

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

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

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

11. a. Was the accused advised t hat:
(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 counsel might be excused (RCM 506(a))?
OJAG - Appropriate appellate agency in the Office
of The Judge Advocate General of the branch of
service concerned. This column will be 'disregarded '
if a record of trial was reviewed under Article 64,
UCMJ, and in cases where there are no approved
findings of guilty.
References - All references aro to the Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial, United States (MCM), 1984.
TC SPCMCA GCM or OJAG

JA
YES NO YES NO YES NO YES NO

/ / / /
/ / / X
X
X
X
X
X
/ / / /
X
X •
X
X
X X
X X
X X
X
X
X

005927
DD FORM 494, OCT 84, Page 1
Previous editions are obsolete.
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1.J•

COURT-MARTIAL DATA SHEET
—
SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
• (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 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 defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))?

b.
(1) Was the accused represented by a civilian lawyer?

(2)
Did the accused request a specific military counsel?

(3)
(a) If so, was such request complied with?

(b)
If not, were reasons given why requested counsel was not reasonably available?

12. a. Was the detailed defense counsel properly certified (RCM 502(d))?
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))?
13. a. If the special court-martial adjudged a BCD:
(1)
Was a military judge detailed to the court (RCM 503(b))?

(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)?

(3)
Was a verbatim transcript made (Article 19, UCMJ)?

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 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))?

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))?

b. If not, was he/she excused?
17. a. If accused was an enlisted person, did he/she make a request that enlisted persons be included in membership of the court?
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))?

c.
Did any enlisted member of the court belong to the same unit as the accused?

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?

19.
Were the members of the court, military judge (if any) and the personnel of the prosecution and defense sworn or previously sworn?

TC
YES NO X
X
X
X
/ /
X
X
X

X / /
X X
/ / / /
/ / X / /
/ / X
X
SPCMCA GCM or JA YES NO YES NO
X
X X
/ X X
X
X / /
X X
/ / / /
/ / X
/ /
/ X
OJAG
YES NO

..
.
•
--Tc

20. a. Was any person sitting as a member of the court, or military judge (if X X any), the accuser; a witness for the prosecution, the investigating officer, staff judge advocate, counsel, or convening authority, or upon rehearing or new 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))? nil!
1

S

DI) FORM 494, OCT 84, Page 2
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DOD 002402

COURT—MARTIAL DATA SHEET

SECTION A — PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)

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 challenge?
b.
Was action by court upon challenges proper (RCM 902 and RCM 912)?

c.
Does the record show that a member excused as a result of a challenge withdrew from the court?

22. a. Was the accused properly arraigned (RCM 904)7
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, 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 special court-martial within three days) subsequent to service of charges upon him/her .(RCM 602)7

d.
If so, did the accused object to trial?

23. a. Were any charges or specifications affected by the statute of limitations (RCM 907(b))?
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 objections (RCM 905-907)7

25.
a. Were pleas of accused regularly entered (RCM 910(a))?

b. Were pleas of guilty properly explained, and accused's responses recorded (RCM 910(c))?
26.
Does the record show that all witnesses were sworn?

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 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)?

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)7

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 admitted (RCM 1001(b)(2))?

c.
Was the defense permitted to introduce evidence in extenuation and mitigation after the court announced findings of guilty (RCM 1001(c))7

31. a. In a trial with members, did the president announce the sentence (RCM 1007)?
b. If trial was by military judge alone, did the military judge announce the sentence (RCM 1007)?
DD FORM 494, OCT 84, Page 3
TC SPCMCA GCM or OJAG
JA
YES NO YES NO YES NO YES NO
X X
/ / / /
/ / / /
X X
X X
•
X X
/ / /
X X
/ / / /
X X
X X
X X
X X
/ / / /
.
X X
/ / / /
/ / / /
X X
/ / / /
X X
X X
/ / / /
X X
0 039 9
2 0 0 4 0 5 5 1
DOD 002403

COURT—MARTIAL DATA SHEET

SECTION A — PRETRIAL AND TRIAL PROCEDURE (CONTINUED)
32.
Was the sentence in proper form (Al 1)?

33.
Is the record properly authenticated (RCM 1104)?

34.
a. Did all members who participated in proceedings in revision vote on 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 (RCM 1102(e)(1))?
35.
Was each accused furnished a copy of the record or substitute service made on defense counsel (RCM 1104(b))?

36.
Was clemency recommended by the court or military judge?

SECTION B — PROCEDURE AFTER TRIAL
37.
Was the court convened by proper authority (RCM 504(b))?

38.
Did the court have jurisdiction of person and offense (RCM 202 & 203)?

39.
Does each specification state an offense under the code (RCM 907(b))?

40.
Did the accused have the requisite mental capacity at the time of trial and 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?

42.
Is the sentence within legal limits (RCM 1112(d)?

43.. Is the action of the convening authority properly entered in the record and signed (RCM 1107(0)?
44.
If appropriate, is a proper place of confinement designated (RCM 1107(f)(4)(c))?

45.
a. Was the staff judge advocate's post-trial recommendation served on the defense counsel for comment (RCM 1106(f)?

b.
If the addendum to the recommendation contained new matters, was it served on the defense counsel for comment (RCM 1105(f)(7))?

c.
Did the accused submit matters for the convening authority's consideration in a timely manner (RCM 1105)?

d.
If yes, was the convening authority's action subsequent to the submission of the matters?

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 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)7
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 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, A19 & 20)?

TC SPCMCA GCM or OJAG JA YES NO YES NO YES NO YES NO X X X X
/ / /
/ / / /
X X
X X
. GCM or TC SPCMCA JA OJAG YES NO YES NO YES NO YES NO X X X X X X
X X
X X X X X X
• / / / /
X • X X
X X • X X
/ / / /
X X
X X
X X
DD FORM 494, OCT 84, Page 4
2 C) 0
4 0 5 •
COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG
SECTION C — COURT—MARTIAL ORDERS (CM)
JA
47. Does the initial CMO bear the same date as the action of the convening authority who published it? YES X NO YES NO YES X NO YES NO •
48. Are all the orders convening the court which tried the case correctly citedin the CMO? / / / /
49. Are the accused's name, rank, SSN, unit/command name and branch of service correctly shown in the CMO? X X
50. Are all the charges and specifications (including amendments) upon which the accused was arraigned correctly shown in the CMO (RCM 1114)? X X
51. Are the pleas, findings, and sentence correctly shown in the CMO (RCM 1114)? X X

52. Does the CMO show the date the sentence was adjudged?
_ 53. Is the action of the convening authority correctly shown in the CMO?
54.
Is the CMO properly authenticated (RCM 1114)?

55.
REMARKS:

xxix
11 Ix
.

•
•
•
065931
DD FORM 494, OCT 84, Page 5
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5
COURT—MARTIAL DATA SHEET

55. REMARKS (Continued):
. .

•

•
56. TRIAL COUNSEL
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. NATURE d. DATE SIGNED
MINIMIII. MAJ 24i Dec 6 tl

57. CONVENING AUTHORITY OR HIS/HER REPRESEN 1VE
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. SIGNATURE d. DATE SIGNED
58. STAFF JUDGE ADVOCATE OF GENERAL COURT-MARTIAL CONVENING AUTHORITY OR REVIEWING JUDGE ADVOCATE
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. IGNATURE d. DATE SIGNED
-111.1.1111111, COL 2G, (0.2e_ oy
59. ACTION IN THE OFFICE OF TILE JUDGE ADVOCATE GENE 1AL
a.
ACTION:

b.
INDIVIDUAL COMPLETING DATA SHEET

•
(I) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED
DI) FORM 494, OCT 84, Page 6
005932

2. 0 0 4 0 ,• 5
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

SPECIAL COURT-MARTIAL ORDER
18 December 2004
NUMBER 13
Specialist Jeremy C. Sivits,
U.S. Army, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq, was arraigned at Victory Base on the following offenses at a special court-martial convened by the Commander, Ill Corps.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification: At or near Baghdad Central Correctional Faci it Abu Ghraib Iraq, on or about 8 November 2003, conspire with Staff Sergeant
Sergeant
Corporal 11.111, Specialising/Specialist,

and rivate First C ass
to commit an offense under the Uniform Code of Military Justice, to wit:
maltreatment of subordinates, and in order to effect the object of the conspiracy, the
said Specialistlitook a photograph of nude detainees being forced into a human
pyramid position. Plea: Guilty, excepting the words, "the said Specialist" took a

photograph of," and substituting therefore the words, "that a photograph be taken of."
To the excepted words: Not Guilty. To the substituted words: Guilty. Finding: Guilty.

Charge II: Article 92. Plea: Guilty. Finding: Guilty.
Specification: Who should have known of his duties at or near Baghdad Central
Correction Facility, Abu Ghraib, Iraq, on or about 8 November 2003, was derelict in the
performance of those duties in that he negligently failed to protect detainees from
abuse, cruelty and maltreatment, as it was his duty to do. Plea: Guilty. Finding: Guilty.

Charge III: Article 93. Plea: Guilty. Finding: Guilty.
Specification 1: At or near Baghdad Central Correction Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat a detainee, a person subject to his orders, by escorting the detainee.to be positioned in a pile on the floor to be assaulted by other soldiers. Plea: Guilty: Finding: Guilty.
Specification 2: At or near Baghdad Central Correction Facility, Abu Ghraib, Iraq, on or
about 8 November 2003, did maltreat several detainees, persons subject to his orders, by taking a picture of said detainees who were laying on a pile on the floor, while another guard, Corporal .11.111Wkneeled on top of the pile of detainees. Plea: Guilty. Finding: Guilty.
005933
•J
4 0 5 5
SPCMO No. 13, DA, Headquarters, III Corps, Victory Base, Iraq, APO AE 09342-1400
dated 18 December 2004 (continued)
SENTENCE
Sentence was adjudged on 19 May 2004. To be reduced to the grade of Private (E-1); to be confined for one year and to be discharged with a bad-conduct discharge.
ACTION
The sentence is approved and, except for the part of the sentence extending to bad-conduct discharge, will be executed. The automatic forfeiture of pay and allowances required by Article 58(b), UCMJ, are hereby ordered waived effective 22 May 2004, for a period of six months, with the direction that those forfeitures be paid to the accused's wife for her personal financial support.
BY COMMAND OF LIEUTENANT GENERAL METZ:
DISTRIBUTION:
Amp
SPC Sivits 1J MAJ, JA MJ, COL 1)J Chief, Military Justice
J

TC, CPT (1)
ASS TC,J(1)
DC, 1LTJ(1)
Cdr, HHC, 16th MP Bde (Abn) (1)
Cdr, 16th MP Bde -(Abn) (1)
Cdr, Ill Corps, ATTN: SJA (2)
Cdr, III Corps (1)
Cdr, Det D, 15th Fin Bn, ATTN: FAO (1)
Cdr, 15th PSB, ATTN: Records Section (1)
Cdr, USAEREC, ATTN: PCRE-FS, Indianapolis, IN 46249 (1)
Clerk of Court, ATTN: 901 N. Stuart St., Suite 1200, Arlington, VA 22203-1837 (10)
2
033934
J
AFZF-JA-MJ
DEC 18 2004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Addendum to Post-Trial Recommendation in the Court-Martial of the United
States v. Specialist Jeremy C. Sivitt JHeadquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq, APO AE 09342—ACTION MEMORANDUM
1.
Purpose. To forward a petition for clemency submitted by Specialist Jeremy C. Sivits, under the provisions of Rules for Courts-Martial (RCM) 1105 and 1106, through his defense counsel. Pursuant to RCM 1107, you must consider the defense submission prior to taking action.

2.
Discussion. On 30 August 2004, I signed the post-trial recommendation in this case and directed that the document be served on Specialist Sivits's defense counsel for comment.

3.
Clemency Request. Specialist Sivits's defense counsel has requested that you approve only so much of the sentence that provides for confinement for nine months and disapprove the bad conduct discharge. The defense counsel's bases for the request are Specialist Sivits's continued cooperation with the Army's investigation and prosecution of the other co-accused involved with the alleged detainee abuse that occurred at the Baghdad Central Correctional Facility at Abu Ghraib, Iraq.

4.
Recommendation. In accordance with RCM 1106, I have carefully considered the enclosed matters. In my opinion, clemency is not warranted. I adhere to my previous recommendation that you approve the sentence as adjudged. An action to accomplish this is enclosed.

Encl Defense Counsel Submissions COL, JA with Enclosures Staff Judge Advocate
005935
5
DOD 002409
AFZF-JA-MJ -AUG 302004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Post-Trial Recommendation in the Special Court-Martial of the United States v. Specialist Jeremy C. Sivits, ' ' U.S. Army, Headquarters and
Headquarters Company, 16th Military Police Brigade'(Airborne), Ill Corps, Victory Base,
Iraq—ACTION MEMORANDUM
1.
Purpose. To obtain action in the special court-martial of the United States v. Specialist Jeremy C. Sivits.

2.
Recommendation. You approve the sentence and except for the part of the sentence extending to a bad-conduct discharge, order the sentence executed.

3.
Discussion. Pursuant to RCM 1104(e) and 1106, the record of trial in the United States v. Specialist Jeremy C. Sivits has been referred to me for my recommendation prior to your action. Forwarded herewith is a copy of the court-martial record of trial.

a. Trial: On 19 May 2004, the accused was tried by a special court-martial empowered to adjudge a bad conduct discharge.
b. Summary of the Charges, Specifications, Pleas, and Findings:
ART
CHARGE UCMJ SPEC.GIST OF OFFENSE.PLEA FINDING
81 The Did, at or near Baghdad Central *G **G Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, cons s ire with SSG II. SGT CPL SPC SPC , and PFC to commit an offense under the UCMJ, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy, the said SPC Sivits took a photograph of nude detainees being forced into a human pyramid position.
u"-'
C936
1 0 5 5 1
AFZF-JA-MJ
SUBJECT: Post-Trial Recommendation in the Special Court-Martial of the United
States v. Specialist Jeremy C. Sivits, •- • -
U.S. Army, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq—ACTION MEMORANDUM
ART
CHARGE UCMJ SPEC.GIST OF OFFENSE.PLEA FINDING
II 92 The At or near Baghdad Central
Correctional Facility, Abu Ghraib,
Iraq, on or 8 November 2003, was
derelict in the performance of
those duties of which he should
have known, in that he negligently
failed to protect detainees from
abuse, cruelty and maltreatment,
as it was his duty to do.

III 93 1 At or near Baghdad Central
Correctional Facility, Abu Ghraib,
Iraq, on or about 8 November 2003,
did maltreat a detainee, a person
subject to his orders, by escorting
the detainee to be positioned in a
pile-on-the-floor-to-be-assaulted-by

other soldiers.
2 At or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by taking a picture of said detainees who were laying on a pile on the floor, while another guard, CPL Mr kneeled on top of the pile of detainees.
*Guilty, except the words, "the said SPC Sivits took a photograph of," and substituting therefore the words, "that a photograph be taken of." To the excepted words: Not Guilty. To the substituted words and the specification: Guilty. **The Military Judge, on motion of Trial Counsel, amended the specification excepting the words "SPC Sivits took a photograph of," and substituting therefore the words "that
005937
2
2004 0 5
DOD 002411 AFZF-JA-MJ SUBJECT: Post-Trial Recommendation in the Special Court-Martial of the United
States v. Specialist Jeremy C. Sivit: J
U.S. Army, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq—ACTION MEMORANDUM
a photograph be taken of," and excepted the words "SGT mg" and "SPC um" prior to announcing findings.
c.
Sentence Adjudged: To be reduced to the grade of Private (E-1), to be confined for one year, and to be discharged with a bad-conduct discharge.
d.
Pretrial Confinement: None.

e.

Pretrial Agreement: The convening authority will refer this case to a Bad-Conduct Discharge court-martial; agree to disapprove all adjudged forfeitures and to waive all automatic forfeitures and direct that any such forfeitures be provided to support his family and provide Specialist Sivits with absolute immunity from further prosecution in or relating to this matter.
f. Personal Data of the Accused:
(1)
Date and Term of Current Service: 23 November 1998 (96 months); ETS: 22 November 2006.

(2)
Date of Birth: 21 January 1979.

(3)
Awards and Decorations: ARM-SVC-RBN; ARCOM; AAM-2; ARM-FCS-EXP-MDL; NTL-DEF-SVC-MDL; NATO-MDL; ARM-FCS-RES-MDL w/M­DEV; Drivers Mechanic Badge w/Wheel

(4)
Nonjudicial Punishment or Previous Convictions: None.

(5)
Dependents: 1 wife.

(6)
GT Score: 105.

(7)
MOS: 63B (Light Wheel Vehicle Mechanic).

(8)
BASD: 23 November 1998.

(9)
PEBD: 23 November 1998.

(10)
Additional information concerning the character of the accused's service is located in the Record of Trial.

9x5938
3
2 0 405 5
DOD 002412
AFZF-JA-MJ
SUBJECT: Post-Trial Recommendation in the Special Court-Martial of the United States v. Specialist Jeremy C. Sivits, ' . U.S. Army, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), III Corps, Victory Base,
Iraq—ACTION MEMORANDUM
g. Discretion of the Convening Authority: As the convening authority, you may approve, disapprove, set aside, or modify the findings of the court-martial. You may also approve, disapprove, commute, or suspend the sentence in whole or in part, in accordance with the pretrial agreement. Such action may be taken in the interests of
,
justice, discipline, mission requirements, clemency, or any other appropriate reason. The action to be taken is matter of command prerogative and lies within your sole discretion.
h. Service on the Accused and Counsel: This memorandum will be served on defense counsel for comment before action.
4. Point of contact for this action is the undersigned at 318 822.0"
Mir
COL, JA
Staff Judge Advocate
4 06'5 939
2 0 0 4 0 5 5 1
DOD 002413
UNITED STATES

SERVICE OF POST TRIAL

RECOMMENDATION AND A
Specialist Jeremy C. Sivits
Headquarters and POST TRIAL RECORD ON
Headquarters Company, 16th Military
Police Brigade (Airborne), Ill Corps, DEFENSE COUNSEL
Victory Base, Iraq, APO AE 09342

In accordance with R.C.M. 1105 and 1106, Manual for Court-Martial, 2000, a copy of the Post Trial Recommendation and a copy of the Record of Trial in the case of United States v. Specialist Jeremy C. Sivits is attached for your examination. If you have any rebuttal, comments, corrections or other matters you wish to be considered by the Convening Authority before he takes action, submit them in writing to the Staff Judge Advocate, Ill Corps, Victory Base, Iraq, within ten days of service.
SSG, US Ar NCOIC, Criminal Law Division
3d ,14, Of
CERTIFICATE OF SERVICE
I acknowledge receipt of a copy of the Post Trial Recommendation and a copy of the Record of Trial in the case of United States v. Specialist Jeremy C. Sivits. I understand that I have an opportunity to rebut, correct, or challenge any matter I deem erroneous, inadequate or misleading, or to comment on any other matter, and that my comments will be appended to the Post Trial Recommendation. If I have matters that I wish the Convening Authority to consider, or matters in response to the Staff Judge Advocate's recommendation, such matters must be submitted within 10 days after the accused or I receive a copy of the Record of Trial or the accused and/or I 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. If I am unable to complete this within 10 days, I will provide, within that time, a request for delay in submitting the Record of Trial to the Convening Authority for action. I also acknowledge that failure to provide any reply or request for delay within 10 days will normally be deemed a waiver of any error in the review.
11111111111.111., 1LT, JA
Defense Counsel
C O5 9 4 0

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
BAGHDAD FIELD OFFICE
CAMP VICTORY, IRAQ
APO AE 09342

REPLY TO
ATTENTION OF

FICI-JA-TBO
19 September 2004
MEMORANDUM FOR Commander, III Corps, Victory Base, Iraq, APO AE 09342-1400.
SUBJECT: Post-Trial Submissions, U. S. v Specialist Jeremy C. Sivits, U.S. Army,Headquarters and Headquarters Company, 16 th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq
1. Pursuant to Rule for Court-Martial (R.C.M.) 1105 and 1106, and Articles 38(c) and 60, Uniform Code of Military Justice (U.C.M.J.), the Defense submits the following for consideration in post-trial actions:
The Staff Judge Advocate's Post-Trial Advice:
2. The Defense has no additions, corrections or deletions to the form of the Staff Judge Advocate's Post-Trial Advice.
Clemency Issues:
3.
The Defense requests that you approve a confinement sentence of only nine (9) months and disapprove the Bad Conduct Discharge (BCD).

4.
Clemency is appropriate in PVT Sivits' case for the following reasons:

a.
From the commencement of Criminal Investigation Division's (CID) investigation into the abuse which occurred at Abu Ghraib prison, PVT Sivits has been honest, forthright and remorseful. When first approached by CID, PVT Sivits voluntarily provided CID with several highly incriminating Sworn Statements and oral statements detailing his limited involvement in the incident which took place on the night of 08 November 2003.

b.
Additionally, PVT Sivits cooperated with the Army's investigation by voluntarily waiving his Article 31 rights, consenting to a search of his living area, waiving his right to a preliminary hearing under Article 32 and pleading guilty to the charged offenses.

c.
Specifically, prior to trial and while under no legal obligation to do so, PVT Sivits met several times with CPT .111111.1(the Trial Counsel) and provided CPT .Mwith detailed answers concerning his, and the co-accuseds', involvement in

e at Abu Ghraib. Further, PVT Sivits also spoke with the Trial Counsel s t Fort Bragg, North Carolina about SPC111.1111.111ind PFC respective roles in the abuse.
0D r6941
u 5
AFZF-JA-TDS
SUBJECT: Post-Trial Submissions, U.S. v Specialist Jeremy C. Sivits
d. At his trial, PVT Sivits made the Government's role as painless as possible: he voluntarily requested a trial by military judge alone, thereby reducing the time and logistical problems associated with a trial by military panel, and did not call any out of theater witnesses to speak on his behalf.
Despite the foregoing honesty, cooperation and acknowledgement of his guilt, PVT Sivits was given an unduly harsh sentence by the Military Judge and nearly the maximum possible sentence, e.g., one (1) year confinement, a punitive discharge
' BCD) and reduction to E-1. A guilty plea trial of another soldier this month (SPC
a military intelligence soldier nonetheless, and not a light-wheeled vehicle mechanic like PVT Sivits) resulted in a sentence of confinement of only eight (8)months.
During the height of the public awareness of the Abu Ghraib incident, PVT Sivits was
the only accused who honestly and acknowledged his complicity and limited role in the abuse: unlike all of the other co-accused, PVT Sivits did not attempt to deflect blame
toward his Commanders and high-profile elected officials and PVT Sivits publicly accepted responsibility for his actions by pleading guilty.
e. After trial, PVT Sivits (while under no legal obligation to do so) cooperated for MG George R. Fay's AR 15-6 investigation into military intelligence's possible role in the Abu Ghraib abuse by speaking with MG Fay's representative (Mr. HQs, 902 MI Group) for several hours and by providing him with a detailed Sworn Statement. To this day, PVT Sivits continues to fully cooperate with the Government in
its prosecution of the other co-accuseds.
5.
PVT Sivits is presently confined at the United States Marine Corp brig at Camp Lejeune, North Carolina. In addition to serving his confinement at a Marine Corps brig instead of an Army confinement facility, PVT Sivits has not (as of 13 September) received any pay from the Army since 15 July 2004.

6.
The following soldiers have written letters requesting clemency on PVT Sivits' behalf (see attached):

a. Special Agent.
SA.was the investigator who initially received the allegations of a use at A u Ghraib and who interviewed PVT Sivits during CID's investigation. According to SA
"[f]rom his initial interview to his court-martial, PVT SIVITS demonstrated that e was willing to accept his share of the blame for his actions, and to help the investigators uncover the truth at a time when every other subject of the investigation was shifting blame, obscuring the truth and attempting to minimize their culpability." SAllrequests that "clemency be granted in some form for PVT SIVITS." He writes tha believe he could be rehabilitated and returned to the Army as a values-driven soldiers who would demonstrate the highest ideals that we ask of all soldiers. Rarely have I encountered a subject of an investigation who
0 5 9 4 2
f 4 0 5 5
DOD 002416
AFZF-JA-TDS
SUBJECT: Post-Trial Submissions, U.S. v Specialist Jeremy C. Sivits
acknowledges their crimes and assists in uncovering the truth. In this case, PVT
SIVITS is one of those rare individuals."
b. MAJ.
As the psychiatrist and mental health officer who examined PVT Slyi s unng ay, June and July 2004, MAJ Inin'fully support[s] PVT Sivits' request for clemency." Finding that PVT Sivits is remorseful for what occurred, it is MAJ
"professional opinion that PVT Sivits does not have the personal background that wou d suggest that his remorse is malingered."
c. CPT.
CPTIMMit the medical officer who provided
mental health counse ing to PVT Sivits from May through July 2004. CPT writes that "[i]t is without hesitation that I strop I support PVT Sivits' request for clemency." In her request for clemency, CP
writes that she was "especially impressed by PVT Sivits' expressions of remorse an regret for his role in the Abu
Ghraib Prison abuse" and that she has "not observed such a level of remorse in others charged with similar offenses." In her professional opinion, "PVT Sivits' expressions of remorse [do not] stem from the fact that the abuse activities were uncovered" but rather
that "they are the result of his deep insight into the devastation and pain inflicted upon his country and the Iraqi people by his actions and those of his fellow soldiers."
6.
Also attached in "book form" is a compilation of memorandums, letters of support, family photographs, awards and certificates for PVT Sivits introduced at trial. The memorandums are from his former Company Commander and Sergeant Major.
a, CPTAMINEMILGETAIMates_that PVT Sivits_fpeers_ancLchain_of____ command held [him] in high esteem" and that PVT Sivits "is a reliable soldier who accomplishes every assigned task."
b. SGM .
According to SGM .PVT Sivits would always
"take time to help [another soldier] no matter what section the soldier was assigned to" and that PVT Sivits is "respectful when dealing with other soldiers no matter what their rank may have been."
7.
The Defense requests that you disapprove the BCD and approve a confinement sentence of only nine (9) months.

8.
Point of contact for this memorandum is the undersigned at 318-822-Ii. Thank you for your careful consideration in this matter.

Encls 1 LT, JA Defense Counsel
REMOVED BATES PAGES 5944 - 5989
(RECORD OF TRIAL - PVT JEREMY SIVITS)

(46 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS TO THE
CONVENING AUTHORITY WRITTEN BY FAMILY AND FRIENDS
ON BEHALF OF PVT SIVITS AND OTHER RECORDS, WHICH WERE
DETERMINED TO BE NONRESPONSIVE TO THE PLAINTIFF'S FOIA
REQUEST

7
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

J
AFZF-CG
DEC 18 2004
MEMORANDUM THRU
Commander, 16th Military Police Brigade (Airborne), Ill Corps, LSA Anaconda, Iraq, APO AE 09342 Commander, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, LSA Anaconda, Iraq, APO AE 09342
FOR Specialist Jeremy C. SivitE J.., U.S. Army, 16th Military Police Brigade (Airborne), Ill Corps, LSA Anaconda, Iraq, APO AE 09342
SUBJECT: Action on Matters Submitted Pursuant to Rules for Courts-Martial 1105 & 1106
I personally reviewed and considered all post-trial matters submitted by your defense counsel before taking action in this case.
THOMAS F. METZ Lieutenant General, USA Commanding
065930 0 0 4 0 .5 6 1
DOD 002419
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

AFZF-CG MAY 2 2 2004
MEMORANDUM THRU
ComMander, Headquarters and Headquarters Company, 16th Military Police Brigade, III Corps, Victory Base, Iraq, APO AE 09342-1400 • Commander, 16th Military Police Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
FOR Specialist Jeremy C. Sivits, Headquarters and Headquarters Company, 16th
Military Police Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342-1400

SUBJECT: Request for Waiver of Automatic Forfeitures
1.
Purpose. To advise you that your request for waiver of automatic forfeitures is
granted.

2.
Action. I approve the waiver of automatic forfeitures for six months. I direct payment ___ _too the checking account of your wife for her personal financial support.

_.
3.
Effective Date. My approval of your request is effective immediately.

4.
POC is Captain at DSN 318-822/M

THOMAS F. METZ Lieutenant General, USA Commanding
2 0 0 4 0 5 5 1

OUt5992
PRETRIAL ALLIED PAPERS

DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq

•
APO AE 09342-1400
AFZF-CG
MAY 5 2004
MEMORANDUM FOR Staff Judge Advocate
SUBJECT: Disposition of the Court-Martial Charges Preferred Against Specialist Jeremy C. Sivits (
The recommendations of the Staff Judge Advocate are approved. The attached charges and their specifications are referred to a special court-martial empowered to adjudge a bad conduct discharge convened by Court-Martial Convening Order Number
2, dated 14 January 2004.
THOMAS F. METZ Lieutenant General, USA Commanding
^iJ.
0993

E.77.7.71
AFZF-JA -MJ
MEMORANDUM FOR Commander, III Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Advice on Disposition of the Court-Martial Charges Preferred Against
Specialist Jeremy C. Sivits : • • —
)—ACTION MEMORANDUM
1. Purpose. To forward for disposition, in accordance with Rule for Court-Martial (RCM) 407, the court-martial charges against Specialist Jeremy C. Sivits, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory
Base, Iraq, APO AE 09342.
2. Recommendations.
a. Chain of Command.
As reflected on the attached transmittal of court-martial charges memoranda, the soldier's company commander recommended referral to a general court-martial and the brigade commander, pursuant to the accused's offer to plead guilty, recommended referral of the charges to a special court-martial empowered to adjudge a bad conduct discharge.
b. Staff Judge Advocate. Pursuant to the offer to plead guilty, I recommend you refer the attached charges and their specifications to a special court-martial empowered to adjudge a bad conduct discharge, pursuant to RCM 601, and refer the case to trial by Court-Martial Convening Order Number 2, dated 14 January 2004.
3. Staff Judge Advocate Review. In accordance with RCM 406 and Article 34, Uniform Code of Military Justice (UCMJ), I have reviewed the attached charges and supporting documentation. It is my legal conclusion that:
a.
The specifications allege offenses under th'e UCMJ;

b.

The allegations of the offenses are warranted by the evidence indicated in the attached documentation; and
c. The court-martial will have jurisdiction over the accused and the offenses alleged.
4. POC is CPT Mat DSN 318-82241111,
Encls
it

1.
Charge Sheet COL, JA

2.
Court-Martial Charges Transmittal Staff Judge Advocate

3.
Allied Documents 005994

S 1Y1 cx y 2004—
AFZA-JA-C

4 May 2004
MEMORANDUM FOR RECORD
SUBJECT: Recommendation of Commanders for Disposition of SPC Jeremy Sivits
1.
SPC Sivits through his attorney has submitted an Offer to Plead Guilty.

2.
The chain of command reviewed the offer and made the following recommendations:

a.
CDR, HHC, 16th MP BDE (ABN) - Approve.

b.
CDR, 16th MP BDE (ABN) - Approve. COL

intent is to forward a transmittal recommending a BCD, Special Court martial after review of the proposed
offer. COL
is currently on a mission and unavailable for signature and will sign the transmitta recommendation upon his return.
3. POC is the undersigned at 588-111,(DNVT).
PT, A Trial Counsel
5 9 9 5

DEPARTMENT OF THE ARMY
HEADQUARTERS, 16T" MILITARY POLICE BRIGADE (AIRBORNE)
CAMP VICTORY, IRAQ, APO AE 09342

REPLY TO
ATIDITION or

ORDERS 72-6 12 March 2004
SIVITS, JEREMY C., SGT, 63B10 111111101, 372 nd Military Police Company(WTEZAA), APO AE 09342
You are attached or released from attachment.
Attached to: HHC, leMilitary Police Brigade (Airborne) (WFP6AA) APO AE 09342 Reporting Date: 12 March 2004 Period: Indefinite
Movement Designator Code: NZO3 Additional Instructions: You are attached for personnel service support to include Awards and Decorations, UCMJ, and all other forms of personnel and legal
administration support. Format: 745
CPT, MP Brigade Adjutant
DISTRIBUTION:
CDR, 372nd MP CO (1) CDR, HHC, 16th MP BDE (ABN) (1) File (1) Individual (3)

996

r

REPORT TO SL-PEND FAVORABLE PERSONNEL --.:;TIONS (FLAG .
For use of this form, see AR 600-8-2; the proponent agency is MILPERCEN. •
...•....... • • ,...•.

..r-lartieligvio mi.-% IIVC WA
1 M 1 • NAME (Last, First, Mf)
2. SSN
3. RANK
SIVITS, JEREMY C. 111111111111.1111111 E-5/ SGT
On active duty 4. R IJI Not on active duty 5. ETA/MRD
On ADT
20041122
6. UNIT ASSIGNED AND ARMY MAJOR COMMAND 7. STATION
372ND MP CO (Geographical location)
372ND MP CO ABU GHRAIB, IRAQ APO AE 09335 99TH RRC
8.
PSC CONTROLLING FLAGGING ACTION AND TELEPHONE NUMBER
MSG 301-729-CPL
559-1M
9. THIS ACTION IS TO:
Initiate a flagIXI IJI Transfer a flag IJI Remove flag
(Sections II and V only). (Sections III and V only). (Sections IV and V only)
SECTION II -INITIATE A FLAG
10. X. A FLAG IS INITIATED, EFFECTIVE 20040125 FOR THE FOLLOWING REASON:
NON-TRANSFERABLE
TRANSFERABLE IX)JAdverse action (Al
IJI APFT failure (J) E-Elimination - field initiated (B)
IJI Weight control program (K) I IJRemoval from selection list - field initiated (C)
nJ
Referred OER (D)
I Security violation (El
I
I J
HQDA use only - elimination or removal from selection
list (F)
SECTION III -TRANSFER A FLAG
11.
A FLAG IS TRANSFERED FOR THE FOLLOWING REASON: El Adverse action - HODA directed reassignment (G) nJ
APFT failure (J)
Adverse action - punishment phase (H)
[1J
IJI Weight control program (K) Li Supporting documents attached? IJIJ
I Yes I No
SECTION IV -REMOVE A FLAG
12. 1J
I A FLAG IS REMOVED, EFFECTIVE
FOR THE FOLLOWING REASON: 1-1 Case closed favorably (C) nJ
Soldier transferred
to a different Army component or -diseharged-while-ease-in-process-friestroy caw. file)-(0-I.I Disciplinary action taken (D) II Other final action (E)
SECTION V - AUTHENTICATION
DISTRIBUTION
1 - Unit Commander 1 - F&AO '
1 - PSC 1 - Commander, gaining unit (transfer flag only)
NAME RANK TITLE, AND ORGANIZATION 1LT, MP Commanding372nd Military Police Company DA FORM 2RR Aim R7J .----.... — . SIGNATU . __J_ E. rita0 DATE USAPPC V2.00

DOD 002426

Na,.A.4414

VkA•k.k

.._
HEADQUARTERS, 99TH REGIONAL SUPPORT COMMAND
99 SOLDIERS LANE
CORAOPOLIS, PENNSYLVANIA 15108-2550

ORDERS M-052-0138

21 February 2003

SIVITS JEREMY CHARLES

0372 MP CO

COMBAT SUPPORT (WTEZAA)
CUMBERLAND, MD 21502-5605

You are ordered to Active Duty as a member of your Reserve Component unit for the
period indicated unless sooner released or unless extended. Proceed from your
current location in sufficient time to report by the date specified. You enter
active duty upon reporting to unit home station.

Report to: 0372 MP CO

COMBAT SUPPORT (WTEZAA), 14418 MCMULLEN HWY SW,
CUMBERLAND, MD 21502-5605 Report On: 24 February 2003
Report to: Fort Lee, Building P6008, Fort Lee, VA 23801 Report On: 27 February
2003
Period of active duty: 365 Days
Purpose: Mobilization for ENDURING FREEDOM
Mobilization category code: "V"
Additional instructions: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15,
16, 17

FOR ARMY USE

AUTHORITY: HQDA MSG 171644ZFEB03/DAMO-ODM/ORDTYP/MOBORD/HQDA ONE/OEF NO.322-03
Accounting classification:
2132010.0000 01-1100 P1W1C00 11**/12** VFRE F3203 5570 S99999
2132010.0000 01-1100 P2W2C00 11**/12** VFRE F3203 5570 S99999
2132020.0000 01-1100 P135198 21**/22**

./25** VIVRE F3203 5570 S99999
M
MDC: PM
PMOS/A0C/ASI/LIC: 63810
nOR: SMONINIONOW
PEBD: 23 November 1998
DOR: 23 November 1999
Security clearance: SECRET
Comp: USAR
Format: 165

FOR THE COMMANDER:

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
OFFICIAL
99TH REGIONAL SUPPORT COMMAND
****************************************

11111111111111111.11.'
MPO

DISTRIBUTION: M1 PLUS
INDIVIDUAL CONCERNED (4) MILITARY PERSONNEL OFFICER
FAMILY ASSISTANCE OFFICER (1)
MPRJ
FILE (ORIGINAL + 1)

005998

ORDERS M- 052 - 0138.

21 February 200i

Additional instructions:

1.
Sure pay is mandatory. Soldier must bring the appropriate documentation to support the

requirement to authorize sure pay to'the bank.

2.

Early reporting in not authorized.

3.

Unaccompanied baggage shipment is not authorized.

4.

Movement of household goods and dependents is not authorized.

5.

Travel by privately owned vehicle is not authorized.

6.

Rental car is not authorized.

7.

Nontemporary storage of household goods is authorized.
OB. Excess accompanied baggage is not to•exceed 120 pounds.

9.

Bring with you complete military clothing bag and appropriate personal items.

10.

Soldier will handcarry (if available) complete MPRJ, health and dental, training, and

clothing records.

11.

Bring copies of rental or mortgage agreement, marriage certificate, birth certificate,
birth certificate of natural children, or documentation of dependency or child support.

12.

Bring copies of family care plan, wills, powers of attorney, and any other documentation

affecting the soldiers pay or status.

13.

Personnel requiring eye correction will bring two pairs of eyeglasses and

for a protective mask.

eye inserts

14.
Government quarters and moss will be used.

15.
Call 1­800-33G-4590 (National Committee for Employer Support of the Guard and Reserve)

or check online at www.engr.org
rights if you have questions regarding your employment/reemployment

16.

Your family members may be eligible for TRICARE (military health care) benefits.For
details call 1-888-DoD-CARE (1-888-363-2273) or go to web address

httpn://www.tricare.ond.mil/reserve/

17. or email TRICARE_helpGamedd.army.mil
In an effort to share information between soldiers, employers and the Department of

Defense on their rights, benefits and obligations, mobilized USAR soldiers are strongly
encouraged to provide employer information at https://www.dmdc.ond.mil/udpdri/owa/re.home

18.
NA

19.
NA

005999

CAUTION: NOT TO BE USED FOR
IDENTIFICATION PURPOSES

THIS IS AN IMPORTANT RECORD. SAFEGUARD IT. ANY ALTERATIONS IN SHADE' AREAS RENDER FORM VOID
CERTIFICATE 0' F RELEASE OR DISC.HARGE FROM ACTIVE DUTY
DEPARTMENT, COMPONENT AND BRANCH NX USAR
7.e PLACE OF ENTRY INTO ACTIVE DUTY
7.b HOME OF RECORD AT TIME OF ENTRY (City and slam or complete
address if known)
PITTSBURGH, PA
B.a LAST DUTY ASSIGNMENT AND MAJOR COMMAND
B.b STATION WHERE SEPARATED
CO A 187 ORD IIN TR TC

FT JACKSON, SC 29207
-5000
9. COMMAND TO WHICH TRANSFERRED 10. SGLI COVERAGE
I I None
439 QM CO PETR 200 WINTERGREEN AVE NEW HAVEN

CT 06515
Amount: S 100,000.00
11. PRIMARY SPECIALTY (List number, title and years and months in
12. RECORD OF SERVICE
specialty. List additional specialty numbers and titles involving
Yenr(s) Month(s) Dey(s)
periods of one or more years.)
a. Date entered AD This Period
63B10 00 LIGHT WVEH MECH-*-0 YRS-0 MOS

//NOTHING FOLLOWS b. Separation Date This Period
c.
Not Active Service This Period
d.
Total Prior Active Service

e.
Total Prior Inactive Service

f.
Foreign Service

g.
Sea Service

h.
Effective Date of Pay Grade

13. DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED
OR AUTHORIZED f/111 periods of service)

ARMY SERVICE RIBBON//NOTHING FOLLOWS

14. MILITARY EDUCATION (Course title, number of weeks and month and year completed) LIGHT WHEEL VEHICLE MECHANIC, 10 WEEKS, MAY
1999/ /NOTHING FOLLOWS

15.a MEMBER CONTRIBUTED TO POST-VIETNAM ERA J
YeaJ0 15.b HIGH SCHOOL GRADUATE OR N.
VETERAN'S EDUCATIONAL ASSISTANCE PROGRAM Yes 16. DAYS ACCRUED LEAVE PAID
EOUIVALENT
x
X NONE
17. MEMBER WAS PROVIDED A COMPLETE DENTAL EXAM AND
ALL APPROPRIATE DENTAL SERVICES AND TREATMENT
WITHIN 110 DAYS PRIOR TO SEPARATION
.1.R 4tANARK Yeo
1):AtkffliRt 'PORK)
.
00104
cfl .P1:4I;:A.P: P. Rt9NWINEPPM41:19t.1.:1(0i::::00:
=VINT
5ETAH*1-40.

,' REE NTRY co
WRgAFA05),NTPAMRMSOP. tairttT1
PihUt
lIMEV.?S.TAW81
DOD 002429

‘P. • _... -­
_,
CAUTION.: NOT.i
IDENTIFICATION PURPOSES THIS IS AN IMPORTANT RECORD.
• SAFEGUARD IT.J • ANY ALTERATIONS IN SHA AREAS RENDER FORM VOit.

CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY

2. DEPARTMENT, COMPONENT AND BRANCH ARMY/USAR
B. DATE OF BIRTH fITYYMMDD)
6. RESERVE OBLIG. TERM. DATE Year 2006 Month 111Day
7.0 PLACE OF ENTRY INTO ACTIVE DUTY 7.b HOME OF RECORD AT TIME OF ENTRY
(City and state, or comple;address if known)
CUMBERLAND, MD
8.a LAST DUTY ASSIGNMENT AND MAJOR COMMAND 8.b STATION WHERE SEPARATED
DEP 2 372 MP CO APO AS 09789 FC
FORT DIX, NJ 08640-5089
9. COMMAND TO WHICH TRANSFERRED
10. SGLI COVERAGE ll Nor
DET 2, 372ND MILITARY POLICE COMPANY, CUMBER
Amount: $ 150, 000.00

11. PRIMARY SPECIALTY (List number, title and years and months in
specialty. List additional specialty numbers and titles involving
Day(;
periods of one or more years.)
a. Date entered AD This Period
63B10
00 LIGHT WVEH MECH- -2 YRS - 9 MOS //NOTHING FOLLOWS
b.
Separation Date This Period

c.
Net Active Service This Period

d.
Total Prior Active Service

e.
Total Prior Inactive Service

f.
Foreign Service

a.
Sea Service

gam
h. Effective Date of Pay Grade
13.
DECORATIONS, MEDALS, BADGES, CITATIONS AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED
(All periods of service!
ARMY ACHIEVEMENT MEDAL (2ND
AWARD) //NATIONAL DEFENSE SERVICE MEDAL/ /ARMED FORCES EXPEDITIONARY MEDAL//ARMY SERVICE RIBBON/ / SHARPSHOOTER MARKSMANSHIP QUALIFICATION BADGE WIT RIFLE BAR/ /SHARPSHOOTER MARKSMANSHIP QUALIFICATION BADGE WITH PISTOL BAR//SHARPSHOOTERMARKSMANSHIP QUALIFICATION BADGE WITH GRENADE BAR/ /NOTHING FOLLOWS
14. MILITARY EDUCATION (Course title, number of weeks and month and year completed) NONE//NOTHING FOLLOWS
15.a MEMBER CONTRIBUTED TO POST-VIETNAM ERA
No
15.h HIGH SCHOOL GRADUATE OFt
Yes 0 16. DAYS ACCRUED LEAVE PAH
VETERAN'S EDUCATIONAL ASSISTANCE PROGRAM
EQUIVALENT
X
X .5
17. MWOfF1WA$
pRovioEo A COMPLETE. DENTAL EXAM AND AU. APPROPRIATE DENTAL SERVICES AND TREATMENT
WITHIN BO DAYS PRIOR TO SEPARATION
X
ptimoAu.opogml,4363149 ?fTAtiN.r •40tt.k.0„);".
4.‘ 11)100,1A11.0)C(F
IfA 13AOII n
P;,,FtAT! .PHIQFP
BRAT,RTtiE rcE°N fon SEPAR47I COMPLTt'
' Ui
' ,ELCISILI"j46-1""KRI
AFZA-AP-COJ
ZZ At/ 0 q,
MEMORANDUM FOR Investigating Officer, U.S. v SPC Sivits SUBJECT: Decision on Second Request for Delay
1.
I have reviewed the enclosed Defense Second Request for Delay in the case of U.S. vs SPC Jeremy C. Sivits, HHC, 16 th MP BDE (ABN).

2.
The second request for delay is disapproved.

OR
3.
V"The second request for delay is approved, and the Article 32(b) session in the case of U.S. vs Sivits will be rescheduled forJ2004.
Encl asJ
COL, M Commanding
0 0002

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
BAGHDAD FIELD OFFICE
CJTF-7,111 CORPS/SJA
APO AE 09342

REPLY TO
ATTENTION OF

AFZH-JA-TDS 20 April 2004
MEMORANDUM THRU MAJFam.
FOR: COL , Commander, 16th MP BDE
SUBJECT: Request for Delay in Article 32 Investigation of SPC Jeremy Sivits
1. The defense respectfully requests a delay in the above-referenced Article 32 investigation
scheduled for 21 April 2004. Previous requests for a delay were submitted by SPC Sivits' defense counsel(s) to MAJ
via e-mail on 16 April 2004; 19 April 2004 and 20 April2004. I
was detailed as SPC Sivits' new defense counsel last week but have not yet received any of the case file from his former defense counsel.
2.
A delay is necessary because I need adequate time to prepare for the hearing. "An unprepared counsel at an Article 32 hearing is tantamount to no counsel at all, and to that extent, it denies an accused his right to effective assistance of counsel."
United States v. Miro,
22 M.J. 509 (A.F.C.M.R. 1986). Given the amount of evidence and witnesses likely to be requested, the anticipated size of the file and the seriousness of the charges against SPC Sivits, the defense needs until at least 12 May 2004 to adequately prepare for the hearing.
3. In addition to the foregoing, SPC Sivits is retaining civilian counsel in this matter. R.C.M.
405(d)(2)(C) provides in pertinent part that
"[Wpm request, the accused is entitled to areasonable time to obtain civilian counsel
and to have such counsel present for the
investigation." A request until at least 12 May 2004 is reasonable and will not unduly delay the
investigation.
4. POC is the undersigned at DNVT
1.11.111111111. 1LT, JA
Defense Counsel
0u0003

Department ot the Army Letterhead
Page 1 of 2
M CPT CJTF7 16MP
From: elmimipCOL CJTF7-16MP BDE CDR
Sent: Wednesday, April 21, 2004 9:01 PM
To:

PT CJTF7 16MP
Cc:
1LT CJTF7-OPS OSJA;1111111111111111111. CJTF7-TRIAL DIFENCE SERVICE;
Subject: RE: Sivits-Art,32 Delay.
Roger...I have no problem with that as well...
ATWI

air
Commander,
16th Military Pore ri ade Airborne)
DNVT: (302)559

----Original essage
From1.1111WPT CJTF7 16MP
Sent: ues ay, pn 0, 2004 10:09 AM
To:

OL CJTF7-16MP BDE CDR
Cc:
LT C.ITF7-OPS OSJA;1111.11.1LT CJTF7-TRIAL DIFENCE SERVICE;
Subject: RE: SIvits-Art.32 Delay
Sir:
The government has no objection to a delay for two weeks until 5 May 04
This should be ample time to prepare.
VR
16th MP BDE (ABN)
Trial Counsel
302-588-lir
AIRBORNE!
Original Message
From: immillEMMSPOTF7-TRIAL DIFENCE SERVICE
Sent: Tuesday, April 20, 2004 4:49 PM

To:.
L CJTF7-16MP BDE CDR; CPT-OTP7-16MANammukT-CiTP-7-e-)13S0S-JA.
Sub ect: Shifts-Art.32 Delay
Sir:
Attached please find the defense's request that the Article 32 investigation of SPC JeremySivits be delayed.
AFZH-JA-TDS
20 April 2004
0 4004
4/22/2004
DOD 002433
AFZA-AP-COJ
04rv-° Y
MEMORANDUM FOR Investigating Officer, U.S. v SPC Sivits
SUBJECT: Decision on Request for Delay
1. I have reviewed the enclosed Defense Request for Delay in the case of U.S.
vs SPC ro.(41441444, Sivits, HHC, 16 th MP BDE (ABN).
2. The request for delay is disapproved.
OR
3. VThe request for delay is approved, and the Article 32(b) session in thecase of U.S. vs Sivits will be rescheduled for °V 40.,/
2004.
Encl asJ
, MP Commanding
000005

DEPARTMENT OF THE ARMY
U.S. ARMY TRIAL DEFENSE SERVICE
REGION IX
FORWARD OPERATING BASE SPEICHER
TIKRIT, IRAQ

REPLY TO
ATTENTION OF

AFZF-JA-TDS 06 April 2004
MEMORANDUM FOR Investigating Officer
SUBJECT: Article 32(b) Investigation Delay Request - SPC Jeremy C. Sivits,
Headquarters and Headquarters Company, 16 th Military Police Brigade (Airborne), III Corps,

Victory Base, Iraq APO AE 09342

1.
The defense requests a delay in the Article 32 investigation from 07 April 2004 to a date on or about 21 April 2004. I have had difficulties with transportation and it has kept me from meeting SPC Sivits. I intend to meet him on 06 April 2004. The reason for the delay is also to allow the defense adequate time to prepare for SPC Sivits' hearing. He has not had an opportunity to review the case file. SPC Sivits needs time to review the file before he can decide to move

forward with the Article 32.

2.
The defense will be credited with the delay.

3.
POC is the undersigned at 553.

1111111111.111, CPT, JA Defense Counsel
006006
AFZA-AP-I0
MEMORANDUM FOR Commander, 16th Military Police Brigade (Airborne),
Victory Base, Iraq APO AE 09342

SUBJECT: Request for Delay
1.
In the case of U.S. vs SPC Jeremy C. Sivits, HHC, 16 th MP BDE (ABN), the Defense has submitted the attached request for delay until 21 April 2004.

2.

The Article 32 was initially scheduled for 7 April 2004. Defense counsel received the case file on 26 March 2004, and is based FOB Danger in Tikrit. Defense needs more time to coordinate transportation, and meet with its client to
go over the entire case file.
3.
The Trial Counsel does not object to the delay.

4.

I concur with both counsel and recommend that the request for delay be approved.
5. The POC for this memo is the undersigned at 559-agir
Encl as MAJ, MP Investigating Officer
u 0 0 07

DEPARTMENT OF THE ARMY
Headquarters
391 st Military Police Battalion
Victory Base, Iraq APO AE 09335

AFZA-AP-IO
3 April 2004
MEMORANDUM FOR SPC Jeremy C. Sivits, HHC, 16th MP Bde (Abn),Victory Base, Iraq APO AE 09342
SUBJECT: Notification of Article 32 Investigation
1. On 7 April 2004, at 1000 hours in the 16 th Military Police Brigade (Airborne) Sullivan
Room (Forward), bldg 112, Victory Base, Iraq. I will conduct an investigation pursuant
to Article 32(b), UCMJ to investigate the facts and circumstances concerning charges
preferred against you by CPT

The charges are:
Charge I: Conspiracy
Charge II: Dereliction of Duty
Charge III: Maltreatment
2.
You have the right to be present during the entire investigation. Additionally, you
have the right to be represented at all times during investigation by legally qualified

counsel.
Counsel may be a civilian lawyer of your choice, provided at no expense tothe United States; a qualified military lawyer of you selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the right to waive representation by counsel.
Send your decision to me by 1200 hours, 5 April 2004.
3.
The names of witness known to me, who will be asked to testify at the hearing, are:
a. SA 111111111M, CID Agent, DNVT 302-550-MI
Additionally, it is my intention to examine and consider all evidence.
4.
As investigating officer, I will try to arrange for the appearance of any witnesses that
you-want-to-testify-a-the hearing,-Senci-names-and-addresses-of-such-witnesses-te me by 1200 hours, 5 April 2004. If, at a later time, you identify additional witnesses, inform me of their names, phone numbers and/or addresses.
000008

AFZA-AP-I0 SUBJECT: Notification of Article 32 Investigation
5. You may contact me at
1110P
MAJ, MP
Investigating Officer
Received by:J Date:JJEREMY C. SIVITS, SPC
'
AFZA-AP-I0 SUBJECT: Notification of Article 32 Investigation
5. You may contact me at
.-05()
110.1111111. MAJ, MP In-Vestigating Officer
Received by:
Date:5—:ei/PRC. .9 c-7(
REMY C. SIVITS, SPC
066010
DEPARTMENT OF THE ARMY
Headquarters
16th Military Police Brigade (Airborne)
Victory Base, Iraq APO AE 09342

REPLY TO
ATTENTION OF:

AFZA-AP-CO 3 April 2004
MEMORANDUM FOR Major 391 st Military Police Battalion, Baghdad
Central Correctional Facility, A u raib, Iraq, APO AE 09335
SUBJECT: Pppointment as Article 32 Investigating Officer
1. You have been appointed as an investigating officer (10) pursuant to the Uniform
Code of Military Justice (UCMJ), Article 32, to investigate the attached charges against
Specialist Jeremy C. Sivits, HNC, 16 th MP BDE (ABN), Victory Base, Iraq APO AE

09342. According to Article 32, UCMJ, and Rule 405, Manual for Court-Martial (2002),
you are to:
a. Conduct a thorough and impartial investigation into the truth of the
allegation(s);
b.
Consider the correctness of the form of the charges; and
c. Make recommendations as to the disposition of the charges in the interest of
justice and discipline.
2. Prior to the commencement of the investigation, you must contact CPT
at the Administrative Law Division, Combined Joint Task Force Seven, Victory Base,
Iraq, at DSN 318-822-~and advise him that you have been detailed to conduct

this investigation. He, or a Staff Judge Advocate designee, will brief you on your responsibilities and provide you with advice throughout the investigation. You will not contact the government representative or defense counsel for assistance in matters, other than routine administrative or clerical matters, regarding this investigation.
3. Your duties as an Article 32 investigating officer takes precedence over any of your other assigned duties. The following guidance pertains to delays:
a. Schedule the hearing as soon as you receive notice of this appointment. The
hearing date should be within seventy-two hours of receipt of this appointment letter. If
the defense or the government cannot proceed on the selected date, obtain a request for delay, in writing, from the party requesting the delay. Requests for delay should be attached to the report of investigation.
G00011

AFZA-AP7C0
SUBJECT: Appointment of Article 32 Investigating Officer
b. You have the authority to approve one reasonable delay requested by the defense or the government, up to a total of seven days. Any delays in excess of seven days must be approved by me. Requests for delay should be in writing and clearly state the supporting reasons and the dates,covering the delay. Before granting a delay you must also consider matters submitted by the opposing counsel. Your decision to grant a delay should be in writing. It should state your reasons and the dates of the
delay,
4. CPT
Trial Counsel, 16th MP BDE (ABN) DNVT 588-11., is
appointed as the government representative and is authorized to participate in this
investigation. You can contact Trial Defense Service at DNVT 838

-
11111111, to confirm the
name of the detailed defense counsel. While these officers or their designees will
attend the hearing and will question witnesses, it is your responsibility to conduct the
investigation, not the government's representatives. Further, both of these parties play
an adversarial role in the proceedings. You should therefore avoid discussing
substantive matters pertaining to the case with either party outside formal sessions
where all parties have opportunity to be present.
5. You should become familiar with the following reference materials/documents:
a.
Article 32, UCMJ and R.C.M. 405, Manual for Courts-Martial, 2002 Edition

b.

DA PAM 27-17, Procedural Guide for Article 32 Investigating Officer,
(especially paragraphs 1-2, General Instructions, 2-3, informing the accused of the
investigation and the right to counsel, and 2-4, consultation with counsel for the

accused)
c. DD Form 458 (Charge Sheet) and allied documents
6. The Article 32 Investigating Officer Procedural Guide discusses in detail procedural aspects from appointment to submission of the final report. Included in Appendix B is a sample format for notification of the accused. A copy of the notification should be sent to the accused's unit commander to ensure that the unit commander is aware of the time and location of the hearing, thereby ensuring the presence of the accused at the hearing. If the accused is already represented by counsel, the written notice should be
sent-to-thattotinseL—A
-rrinformation-copy-should-aiso-be-provi e
appluplidtetrial counsel.
7. You are personally responsible for summarizing relevant testimony that is not already reduced to a written statement. SPC*11.111,has been appointed as your administrative and paralegal assistant for this case and will act as the reporter.
You can contact her at DNVT However, the Article 32 Investigation will be a
summarized transcript and not verbgin.
2 J 00012
AFZA-AP-CO SUBJECT: Appointment of Article 32 Investigating Officer
8. The complete report of investigation, DD Form 457, Investigating Officer's Report, with enclosures, and a chronology of the investigation from receipt of file to submission of the report, will be forwarded with one (1) copy to this headquarters no later than
seventy-two hours' after completion of the investigation.
2 Encls
1. DD Form 458
COL, MP
2. Case File
Commanding
3 LC013

OFFICE OF THE CLERK OF COURT
US ARMY JUDICIARY
ARLINGTON, VIRGINIA 22203-1837

THE RECORD OF TRIAL HAS BEEN REVIEWED FOR RELEASE UNDER THE
PROVISIONS OF THE FREEDOM OF INFORMATION ACT. THE DOCUMENTS]
DESCRIBED AS FOLLOWS HAVE BEEN REMOVED FROM THIS COPY OF
THE RECORD BECAUSE THE RELEASE WOULD BE IN VIOLATION OF THE DOD
FREEDOM OF INFORMATION ACT PROGRAM, DOD 5400.7-R, EXEMPTION

(7) (C), 5 U.S.C. 552(b) (7) (C):

Criminal Investigation Report

Contents cannot be released outside the Department of the Army
without the approval of the Commander, United States Army
Criminal Investigation Command, Fort Belvoir, VA.

ouoQ14

COURT-MARTIAL RECORD'
NAME Si. yr TE
SSN
ACTIONS CODED: • ASSIGNED. TO

INITIAL •.
PANEL
ACCA •.
EXAM. DIV.
FINAL
COMPANION(S):
.
RETURN THIS FILE
TO:
OFFICE OF THE CLERK-OF COURT
US.ARMY JUDICIARY
901 NORTH STUART STREET, SUITE 1200
ARLINGiON, VA 222034837

VOL
••OF
2 0 0 4 0 5 5 1
ARMY
N
0 0
JALS-CC FORM 24, i;OCTOBFR 2000
.
006015
VOL II of III
VERBATIM1 ORIGINAL COPY
RECORD OF TRIAL2
(and accompanying papers)
OF
SIVITS, Jeremy C. (NAME: Last, First Middle Initial) HHC, 16th MP Bdo (ABN) (Social Security Number) Specialist (Rank)
III Corps (unit/Command Name) US Army (Branch of Service) Victory Base, Iraq (Station or Ship)

BY
SPECIAL (BCD) COURT-MARTIAL

CONVENED BY

COMMANDING GENERAL

(Title of Convening Authority)
Headquarters, III Corps

(Unit/Command of Convening Authority)
TRIED AT
Baghdad, Iraq

ON

19 May 2004
(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES:

PPC SPC SGT
SSG
SPC SPC
c:
Pretrja.

Insert " b "
ver atim or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial
2 Sec inside back cover for instructions as to preparation and arrangement. 0.6 0 16DD FOR 4 90, OCT 84.
Previous editions are obsolete,
FRONT COVER
20 040581

OFFICE OF THE CLERK OF COURT
US ARMY JUDICIARY
ARLINGTON, VIRGINIA 22203-1837

THE RECORD OF TRIAL HAS BEEN REVIEWED FOR RELEASE UNDER THE
PROVISIONS OF THE FREEDOM OF INFORMATION ACT. THE DOCUMENT[S]
DESCRIBED AS FOLLOWS HAVE BEEN REMOVED FROM THIS COPY OF
THE RECORD BECAUSE THE RELEASE WOULD BE IN VIOLATION OF THE DOD
FREEDOM OF INFORMATION ACT PROGRAM, DOD 5400.7-R, EXEMPTION

(7)(C), 5 U.S.C. 552(b)(7)(C):

Criminal Investigation Report

Contents cannot be released outside

the Department of the Army

without the approval of the Commander, United States Army
Criminal Investigation Command, Fort Belvoir, VA.

•
...7,1trAt
COURTftIMARTIAL RECORD
; •
• NAME.Sz_vi.Ts 'TER E../)1
...V C. • S/°C,
SSN
ACTIONS CODED: • ASSIGNED TO:
INITIAL

PANEL 41*
ACCA. .

EXAM. DIV.
FINAL.

COMPANION(S):
RETURNTHIS.FILE TO:
OFFICE OF' THE: CLERK OF-COURT
• US:ARMY.JUDICIARY
904 NORTH: .STUARTSTREET„ SUITE 4

.200 ARLINGTON/ VA. 2220371837
VOL -171= OF 13:t. VOL(S)
t 2 0 0 4 0 5 5 1
•
ARMY
IALS-oC FORM 24,:1'OCTOBFR 2000
.
06001 8
DOD 002447
17t,tar,J•in1r,vz roti mivitajulastilissrp,,KivmlmvitAinholtistrogOVUOEiti
•VOL III of III
. ORIGINAL COPY

REcoRt, of TRIAL
(and accompanying papers)
OF
SIVITS, Jeremy C. ;
__ . ' Specialist
(NAME: Last, First Middle Initial) (Social Secu rity Number)
gunk)
HHC, 16th MP Bde (ABN)
III Corps US Army

Victory Base, Iraq

(unit/Command Name) (Branch of Service) (Station or Ship)
BY SPECIAL (BCD) COURT-MARTIAL
CONVENED BY 'COMMANDING GENERAL (Title of Convening Authority)
Headquarters, III Corps (Dnit/Command of Convening Authority)
TRIED AT
Baghdad, Iraq ON
19 May 2004

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

PFC
SPC
SGT
SSG
SPC.
SPC

(I) C=.
C:=1 CI
4.-rs
r-
TranscriR tAzu .E11 .:bits
0 00 1.9
RECORD OF PROCEEDINGS OF COURT-MARTIAL OUG020
RECORD OF TRIAL OF SIVITS, Jeremy C.
SPC
(Name: Last, First, Middle Initial)
(Social Security Number)
(Rank)
HHC, 16th MP Bde (ABN)
III Corps U.S. Army

Victory Base, Iraq
(Unit/Command Name) (Branch of Service)
(Station or Ship)
BY
SPECIAL (BCD) COURT-MARTIAL
Convened by: Commander

(Title of Convening Authority)
Headquarters, III Corps
(Unit/Command of Convening Authority)
Tried at
Baghdad, Iraq

on 19 May 2004
(Place or Places of Trial)
(Date or Dates of Trial)
INDEX
RECORD
Article 39(a) Sessions
R-2
Introduction of Counsel
R-2
Challenges
R-N/A
Arraignment
R-8
Motions
R-N/A
Pleas
R-11
Prosecution Evidence
R-14
Defense Evidence
R-N/A
Instructions on Findings
R-N/A
Charge(s) dismissed
R-N/A
Findings
R-72
Prosecution Evidence
R-73
Defense Evidence
R-96
Sentence
R-126
Appellate Rights Advisement
R-125
Proceedings in Revision
R-NA
000021

TESTIMONY
DIRECT/ CROSS/ COURT NAME OF WITNESS
REDIRECT RECROSS PROSECUTION: SPC
75 80
LTC
82 93
DEFENSE: SFC
100/104 102 SFC
104 • 107
Accused (unsworn)
108 COURT: None. EXHIBITS ADMITTED IN EVIDENCE NUMBER OR
PAGE WHERELETTER DESCRIPTION
OFFERED ADMITTED 1 Stipulation of fact
14 17 '
2 POR and 2-1 73 733 Magazine article
74 (Not R.741
A Stipulation of expected testimony (CPT
96 97B Stipulation of expected testimony (SGMUIL
96 97C 156 Investigation
-
98 98D Proof of employment
98 98E Good soldier book
99 99
APPELLATE EXHIBITS
I Request for military judge alone H Offer to plead guilty 53 7 III Quantum
53
-
IV Posttrial and appellate rights 125
060022
RECEIPT FOR COPY OF RECORD OF TRIAL

I hereby acknowledge receipt of a copy of the record of trial in the case
of the United States versus SPC Jeremy C. Sivits, delivered to me at TDS,
Camp Victory, Iraq, this ' day of May 2004.

1LT, JA
Defense Counsel

r ,-. 00 00
111
1 PROCEEDINGS OF A SPECIAL COURT-MARTIAL
2
3 The military judge called the Article 39(a) session to order at
4 1258, 19 May 2004, pursuant to the following order:
5
6 Court-Martial Convening Order Number 2, Headquarters,
7 III Corps, Victory Base, Iraq, dated 14 January 2004.
8 [END OF PAGE]

000024
1
DEPARTMENT OF THE ARMY
Headquarters, HI Corps
APO AE 09342-1400
COURT-MARTIAL CONVENING ORDER
NUMBER 2 14 January 2004
A special court-martial is convened with the following members:
COL COLJ COL COL COL LTC LTC LTC MAJ MAJ 504th MI lade CM, HHC, Ill Corps , HHO, III Corps• , QM, HHC, III Corps R HHC, HI Corps , TC, HHC, III Corps III Corps ¦ ,
HHC Corps AR, HHC, HI Corps MS, HHC, III Corps
In the event an accused requests that the membership Of the court-martial include enlisted

persons, the following members are detailed to the special court-Martial convened by this order:
MEMBERS CSM
, HHC, HI CorpsCSM 504th • MI Bde
SGM
HHC, III Corps
MSG
89th MP Sde MSG Jose A., HHC, 3d Sig Bde
VICE
COLJ
COL CM, HHC, III Corps M, HNC, III Corps
TCJ , HHC, III CorpsLTCJ AD, HHC CorpsMAJJ
AR, HHC, Ill Corps Relieved only for
trials in which an accused requests that the membership of the court-martialinclude enlisted persons.
BY COMMAND OF LIEUTENANT GENERAL IVIETZ:
DISTRIBUTION:
Each individual indicated (1)

L11111111.111.11?

Cdr, III Corps (SJA) (1) Chiof, Criminal Law Division
C06025

1 MJ: Court is called to order.;
2

TC: This court-martial is convened by Court-Martial Convening
3 Order Number 2, Headquarters, III Corps, dated 14 January 2004,
4

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

The charges have been properly referred to this court for trial and
7 were served on the accused on 7 MayI2004.
8

The prosecution is ready do proceed with the arraignment. of 9 the United States versus Specialist!Jeremy C. Sivits. 10
The accused and the following persons detailed to this

11 court are present:
12 COLONEL MILITARY JUDGE;
13 CAPTAIN — , TRI COUNSEL;
14

CAPTAIN 11.111111111M ASqISTANT TRIAL COUNSEL;

15 FIRST LIEUTENANT

DEFENSE COUNSEL.

16

The members are absent.
17 Sergeant First Class

has been detailed

18

reporter for this court and has bee/la previously sworn.

19

All members of the prosec tion have been detailed to this
20 court-martial by Captain

, Chief of Military Justice,
21 III Corps. We are qualified and certified under Article 27 Bravo(b)
22 and sworn under Article 42(a), Uniform Code of Military Justice. We

OUG026

1 have not acted in any manner which might tend to disqualify us in •
2 this court-martial.
MJ: Captain Elm what day was the accused served the
4 charges?

Specialist Sivits, you have the right to be represented by

5 TC: 7 May 2004, sir.
6 MJ: Thank you..
7

8 Lieutenant

11111, your detailed military defense counsel. He is

9 provided to you at no expense to you. Do you understand that?
10 ACC: Yes, sir.
11

MJ: You also have the right to request a different military
12 lawyer to represent you. If the person you request is reasonably
13 available, he or she would be appointed to represent you free of
14 charge. Now, if this request for the other military lawyer were
15 granted, however, you would not have the right to keep the services
16 of your detailed defense counsel because you are entitled only to one
17 military lawyer. Now, you may ask Lieutenant IIIIIIIIIWsuperiors tb

18
let him stay on the case, but your request would not have to be
19 granted. Do you understand that?
20 ACC: Yes, sir.
21

MJ: In addition, you have the right to represented by a
22 civilian lawyer. The civilian lawyer would have to be provided by

3
1 you at no expense to the government. If you're represented by a

2 civilian lawyer, you can also keep your military lawyer

on the case

3

to assist your civilian lawyer.

Or, you could excuse your military

4

lawyer and be represented only by your civilian lawyer.

Do you

5 understand that?

6 ACC: Yes, sir.

7 MJ:

Do you understand your rights to counsel?
8

ACC: Yes, I do, sir.
9 MJ:

By whom do you wish to be represented?
10 ACC: Lieutenant 111111 sir.
11

MJ: And by him, alone?
12 ACC: Yes,

sir.
13

MJ: Lieutenant

, put your detailing and qualifications on
14 the record.
15

DC: I have been detailed to this court-martial by Major
16

110/11. Regional Defense Counsel, Region IX. I'm qualified and

17 certified under Article 27 Bravo and sworn under Article 42 Alpha,.

18 Uniform Code of Military Justice. I have not acted in any manner

19 which might tend to disqualify me in this court-martial,

20

MJ: I've been properly certified, sworn, and detailed to this
21 court-martial. Counsel for both sides appear to have the requisite

4 OCiG028

1 qualifications and all personnel required to be sworn have been
2 sworn.
3

Trial counsel will announce the general nature of the
4 charges.
5

TC: The general nature of the charges in this case is

6 conspiracy to maltreat detainees, dereliction of duty and
7 maltreatment of detainees.
8

The charges were preferred by Captain

and
9 forwarded with recommendations as to disposition by Colonel
10
11

Your Honor, are you aware of any matter which might be a
12 ground for challenge against you?
13

MJ: The only matter I'm aware of is that earlier today, I
14 arraigned three other soldiers involved in this case. They were
15 simple arraignments. Does either side desire to question me on that
16 or any other matter or to challenge me?

17

TC: No, Your Honor.
18

DC: Your Honor, the defense has two quick challenges--quick
19 questions.
20

MJ: Go ahead.
21

DC: Sir, there's been a lot of press coverage in this case. 22 Can you make a fair decision as to Specialist Sivits based upon 5 000020
1 evidence presented today and not how the media has reported the
2 events?
3

MJ: Lieutenant Imp I'll tell you two things, A, I try to

4

ignore as much as possible. And B, just because it's on TV, it ain't
5 true. So the answer to your question is "yes."
6

DC: That's fine, sir, I have no further questions.
7

MJ: Do you wish to challenge me?
.8 DC: No, sir.
9

MJ: Specialist Sivits, you have the right to be tried by a

10

court composed of at least three officer members. Also, if you

11

requested, you would be tried by a court consisting of at least one-
12 third enlisted members, but none of those enlisted members could come
13 from your company-sized unit and no member of the court would be

14

junior in rank to you. Do you understand what I've said so far?
15 ACC: Yes, sir.

16

MJ: Now, if you're tried by court members, the members will

17

vote by secret, written ballot and two-thirds of the members must

18

agree before you could be found guilty of any offense. If you were

19

found guilty, then two-thirds must also agree in voting on a
20 sentence. Do you understand that?
21

ACC: Yes, sir.

6 J 000030.
1

MJ: You also have the right to request a trial by military
2 judge alone. And if approved, there will be no court members, and
3 the judge alone will decide whether you are guilty or not guilty, and

4

if found guilty, the judge alone will determine your sentence.
5

Do you understand the difference between trial before
6 members and trial before military judge alone?
7 ACC: Yes, sir.
8

MJ: Do you understand the choices that you have?
9 ACC: Yes, sir.
10

MJ: By what type of court do you wish to be tried?
11

ACC: Military judge alone, sir.
12

MJ: Is there a written request for trial by military judge
13 alone?

[Reporter hands document to MJ.] Apparently there is. It's
14

been marked as Appellate Exhibit I.
15

On Appellate Exhibit I, is that your signature, Specialist
16 Sivits?

17 ACC: Yes, it is, sir.
18

MJ: At the time you signed this request, did you know that
19 would be the military judge in your case?

20 ACC: Yes, sir.
21 MJ: My name was typed in up here?
22 ACC: Correct, sir.
7 OU6031

1

MJ: Now, is your request a voluntary one? By that, I mean, are
2 you making this request of your own free will?
3 ACC: Yes, sir.
4

MJ: Now, if I approve your request for trial by me alone, you

5 give up your right to be tried by a court composed of members. Do
6 you understand that?
7 ACC: Yes, sir.

8

MJ: Do you still wish to be tried by me alone?
9 ACC: Yes, sir.
10

NJ: Lieutenant IIIIIIIFis there a pretrial agreement in this

11 case?
12

DC: There is, Your Honor.
13

MJ: And is the judge alone request part of the pretrial
14 agreement?
15

DC: No, Your Honor.
16

MJ: It is not?
17

DC: No, Your Honor.
18

MJ: The request for trial by military judge alone is approved.
19 The court is assembled. The accused will now be arraigned.
20

TC: All parties to the trial have been furnished with a copy. of
21

the charges. Does the accused want them read?
22 DC: The accused waives the reading of the charges.

8

1

MJ: The reading of the charges may be omitted.

2

[THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE.]

3
[END OF PAGE]

9 000032
CHARGE SHEET
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI)
2.10.
. 0101
3. GRADE OR RANK 4. PAY GRADE
SIVITS, Jeremy C.
SPC E-4
5. UNIT OR ORGANIZATION
6. CURRENT SERVICE
Headquarters and Headquarters Company, 16th Military Police Brigade a. INITIAL DATE b. TERM
(Airborne), Ill Corps, Victory Base, Iraq APO AE 09342

23 Nov 98 8 years
7. PAY PER MONTH
8. NATURE OF RESTRAINT OF ACCUSED
9. DATE(S) IMPOSED
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL
$1,814.10 $100.00
$1,914.10 None
N/A
II. CHARGES AND SPECIFICATIONS
10. CHARGE I VIOLATION OF THE UCMJ. ARTICLE 81
THE SPECIFICATION: In that Specialist Jeremy C. Sivits, U.S. Army, did, at or near Baghdad Central Correctional Facility, Abu Ghraib Ira , on or about 8 November 2003, cons sire with Staff ergeant , Sergeant Corporal
, SpecialistSpecialist
nd Private First Class comm) an o ense under the Uniform Code of Military Justice, to wit: maltreatment of subordinates, and in order to effect the object of the conspiracy, the said Specialist Sivits took a photograph of nude detainees being forced into a human pyramid position.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 92
THE SPECIFICATION: In that Specialist Jeremy C. Sivits, U.S. Army, who should have known of his duties at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, was derelict in the performance of those duties in that he negligently failed to protect detainees from abuse, cruelty and maltreatment, as it was his duty to do.
(SEE CONTINUATION SHEET)
III. PREFERRAL11a. NAME OF ACCUSER (Last, First, Ml)
b. GRADE c. ORGANIZATION OF ACCUSER
0-3 HHC, 16th MP Bde (Abn) APO AE 09342
o. DATE
104., oft
AFFIDAVIT: Before me, the undersigned, authorized bylaw to administer oaths in cases of this character,
personally appeared the above named accuser this

Zbr` day of frivot-k J3_bbtf ,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 setforth therein and that the same are true to the best of his/her knowledge and belief.
HHC, XVIII Abn Corps
—Typod Name of Officer
Organization of Officer
0-3
Trial Counsel
Grade.
Official Capacity to Administer Oath (See R.C.M. 307(b) — must be a commissioned officer)
Signature
DD FORM 458, MAY 2000.
PREVIOUS EDITION IS OBSOLETE.
C C 0 3
12,
On a I) kfte,,,,k 1.0co-(
the name(s) of The accuser(s) known to me , the accused was informeu of the charges against him/her and of
(See R.C.M. 308(a)). (See R.C.M. 308 if notification cannot be made.)
Typed Name of Immediate Commander Organization of immediate Commander
-----1111111111111111.111 HHC, 16th MP Bde Abn APO AE 09342
0-3
J
13. IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
The sworn charges were received atJhours,
1P at

J070 Headquarters, 16th Milita
Designation of Command or
Police Brigade (Airborne) APO AE 09342
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403)
FOR THE 1
Iiinnimormw
Typed Name of Officer Commanding Official Capacity of Officer Signing
0-6
V. REFERRAL; SERVICE
14a. DESIGNATION OF COMMAND OF C NVENING AUTHORITY JOF CHARGES
b PLACE
Headquarters, III Corps c.
Victory Base,JDATworgyoD)2004
Iraq
APO AE 09342
Referred for trial to the
SpecialJ
court-martial convened by Court—Mart
ial Convenin Order

dated 14 January 2004 ,

, subject to the following instructions: 2
Bad Conduct Discharge empowered to adjudge a

By
comrr
,anL____ of Lieutenant General Metz
Command or order
41111111.1111..11111

.
Chief, Criminal Law Division

Typed Name of Officer
J
Official Capacity of Officer Signing
0-3
On.
JNby
, I (caused to be) served a copy hereof on (each of) the above named accused.
111111.1111.11P
0-3
Typed Name of Trial Counsel Grade or Rank of Trial Counsel
Si nature
OTNOTES: 1

—
When an appropriate commander signs personally, inapplicable words am stricken. 2— See R.C.M. 601 a concemln Instructions. If none, so state.
DD FORM 458 (BACK), MAY 2000
CONTINUATION SHEET DD Form 458, SIVITS, Jeremy C., SPC,
•
HHC, 16th MP Bde (Abn), III Corps, Victory Base, Iraq APO AE 09342

Item 10 (continued):
CHARGE III: VIOLATION OF THE UCMJ, ARTICLE 93
SPECIFICATION 1: In that Specialist Jeremy C. Sivits, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat a detainee, a person subject to his orders, by escorting the detainee to be positioned in a pile on the floor to be assaulted by other soldiers.
SPECIFICATION 2: In that Specialist Jeremy C. Sivits, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 8 November 2003, did maltreat several detainees, persons subject to his orders, by taking a picture of said detainees who were laying on a pile on the floor, while another guard, CorporalSWIlliatkneeled on top of the pile of detainees.
000035

1 TC: The charges are signed by Captain

a
2 person subject to the Code as accuser; are properly sworn to before a

3
commissioned officer of the armed forces authorized to administer
4 oaths; and are properly referred to this court for trial by
5 Lieutenant General Thomas F. Metz, the Convening Authority.
6 MJ: Accused and counsel, please rise. [The accused and his

7 counsel stood.]
8

Specialist Jeremy C. Sivits, I now ask you, how do you
9 plead? Before receiving your plea, however, I advise you that any

10 motions to dismiss or to grant other appropriate relief should be
11 made at this time. Your defense counsel will speak for you.
12 [END OF PAGE]

000036
10
DC: The defense has no motions, Your Honor.

2 The accused, Specialist Jeremy C. Sivits, pleads as
3 follows:
4 To the Specification of Charge I: Guilty, excepting the
5

words, "the said Specialist Sivits took.a photograph of," and

6

substituting therefore the words, "that a photograph be taken of."•

7

To the excepted words: Not guilty.

8

To the substituted words: Guilty.

9

To Charge I: Guilty.
10

To the Specification of Charge II and Charge II: Guilty.
11

To the Specifications of Charge III and Charge III:
12 Guilty.
13

MJ: Please be seated. [All resumed their seats.]

14

Trial counsel, if the accused is provident as pled, does

15 the government intend to go forward with any part of the
16 Specification of Charge I that is not encompassed by his guilty plea?
17 TC: No, Your Honor.
18

MJ: Specialist Sivits, your counsel has entered a plea of
19 guilty for you to virtually all the charges and their specifications,
20 except for some minor language. Your plea of guilty will not be
21 accepted unless you understand its meaning and effect. I'm going to
22 discuss your plea of guilty with you. If at any time you hae4 :

1037

11

1 questions that you want to ask me or your counsel, stop and we'll do

2 that. Do you understand that?
3 ACC: Yes, sir.
4

MJ: A plea of guilty is equivalent to a conviction and is the
5 strongest form of proof known to the law. On your plea alone and
6 without receiving any evidence, this court can find you guilty of the
7 offense to which you've pled guilty. Your plea will not be accepted
8 unless you realize that by your plea, you admit every act or omission
9 and element of the offenses to which you've pled guilty, and that

10 you're pleading guilty because you actually are, in fact, guilty. If
11 you do not believe that you are guilty, then you should not, for any
12 treason, plead guilty.
13

Do you understand what I've said so far? 14 ACC: Yes, sir. 15
MJ: By your plea of guilty, you give up three important rights,
16 first, the right against self ­
incrimination; that is, the right to
17 say nothing at all.

18
Second, the right to a trial of the facts by this court;
19 that is, your right to have this court-martial decide whether or not
20 you're guilty based upon evidence the prosecution would present and

21 on any evidence you may introduce.

12

1

Third, the right to be confronted by and to cross-examine
2 any witness called against you.
3

Do you have any questions about any of these rights?
4

ACC: No, Your Honor.
5

MJ: Do you understand that by pleading guilty, you no longer
6 have these rights?
7 ACC: Yes, sir.
8

MJ: If you continue with your guilty plea, you will be placed
9 under oath, and I will question you to determine whether you are, in
10

fact, guilty. Anything you tell me may be used against you in the
11

sentencing portion of the trial. Do you understand that?
12 ACC: Yes, sir.
13

MJ: If you tell me anything that is untrue, your statements may
14

be used against you later for charges of perjury or making false

15 statements. Do you understand this?
16 ACC: Yes, sir.
17 MJ: Trial counsel, place the accused under oath. [The trial
18 counsel did as directed and the accused was sworn.]
19 Is there a stipulation of fact?
20 TC: Yes, Your Honor.

COG039
13

1

• MJ: It's been marked as Prosecution. Exhibit 1 for

2 identification. Do you have a copy of this document in front of you,
3 Specialist Sivits?

4 ACC: Yes, sir.
5

MJ: Now, Prosecution Exhibit 1 for identification, the

6 stipulation of fact, consists of eight pages. Is that your signature
7 on the eighth page?
8 ACC: Yes, sir.

9

MJ: Did you read this document thoroughly before you signed it?
10 ACC: Yes, sir.
11

MJ: Do both counsel agree to this stipulation and that your
12 signatures appear on the document?
13

TC: Yes, Your Honor.
14

DC: Yes, Your Honor.
15

MJ: Specialist Sivits, a stipulation of fact is an agreement

16 among the trial counsel, your defense counsel and you, that the
17 contents of the stipulation are true, and if entered into evidence,
18 are the uncontradicted facts in this case. No one can be forced to
19 enter into a stipulation, so you should enter into it only if you
20 truly want to do so. Do you understand this?

21

ACC: Yes, sir.

006040
14

1

MJ: Are you voluntarily entering into this stipulation because
2 you believe it is in your best interest to do so?
3 ACC: Yes, sir.
4

MJ: If I admit this stipulation into evidence, it will be used
5 in two ways. First, I will use it to determine if you are, in fact,
6 guilty of the offenses to which you've pled guilty. And second, I
7 will use it to determine an appropriate sentence for you.

8

Do you understand and agree to these uses of the

9 stipulation?
10 ACC: Yes, sir.
11

MJ: Do both counsel also agree to these uses?
12

TC: Yes, Your Honor.
13

DC: Yes, Your Honor.
14

MJ: Specialist Sivits, a stipulation of fact ordinarily cannot
15 be contradicted. If it should be contradicted after I have accepted
16 your guilty plea, I will reopen this inquiry. You should, therefore,
17 let me know if there's anything whatsoever you disagree with or feel

18 is untrue. Do you understand that?
19 ACC: Yes, sir.
20

MJ: I want to make sure that you and I have the same document.
21 The stipulation that was provided to the court has eight pages of
22 narrative with your signature on page eight. Is that what you have?

15 C00041
1 ACC: Yes, sir.
2 MJ: And attached to it are six pictures?
3 ACC: Yes, sir.
4 MJ: At this time, Specialist Sivits, I want you to read your

5 copy of the stipulation silently to yourself as I read it to myself.
6 [The accused did as directed.]
7

MJ: Specialist Sivits, have you finished reading the
8 stipulation?
9 ACC: Yes, sir.
10

MJ: Is everything in the stipulation true?
11 ACC: Yes, sir.
12

MJ: Is there anything in the stipulation that you do not wish
13 to admit is true?
14 ACC: No, sir.
15

MJ: Do you agree, under oath, that the matters contained in the

16 stipulation are true and correct to the best of your knowledge and
17 belief?
18 ACC: Yes, sir.

19

MJ: Defense counsel, do you have any objections to Prosecution
20 Exhibit 1 for identification?
21 DC: No, Your Honor.

CU0042
16

1

MJ: Prosecution Exhibit 1 for identification is admitted into

2

evidence as Prosecution Exhibit 1, subject to my acceptance of the
3 accused's guilty plea.
4

Specialist Sivits, at this time, I'm going to explain to
5 you the elements of the offense to which you have pled guilty. By
6 "elements," I mean those facts which the government would have to
7 prove beyond a reasonable doubt before you could be found guilty if
8 you had pled not guilty. When I state each element, ask yourself two
9 things, first, is the element true; and second, whether you wish to

10 admit that it's true. After I list the elements for you, be prepared
11 to talk to me about the facts regarding the offenses.

12 Do you have a copy of the charge sheet there?
13 ACC: Yes, I do, sir.
14 MJ: I'm going to begin with Charge II, the dereliction of duty
' 15 charge.
16 ACC: Yes, sir.
17 MJ: In the Specification of Charge II, you have pled guilty to

18 negligent dereliction of duty, in violation of Article 92 of the
19 Uniform Code of Military Justice. As alleged and pled, this offense
20 has the following three elements:

First, that you had certain prescribed duties, that is,
22 protect the detainees from abuse, cruelty and maltreatment.

03045

17
1

Two, that you knew or reasonably should have known of the
2 assigned duties.
3

And three, that at or near Baghdad Correctional Facility,
4 Abu Ghraib, Iraq, on or about 8 November 2003, you were derelict in
5 the performance of those duties by failing to protect detainees from
6 abuse, cruelty and maltreatment. Now, a duty may be imposed by
7 regulation, lawful order or custom of the service. A person is
8 derelict in the performance of his duty when he negligently failed to
9 perform them. "Dereliction" is defined as a failure in duty, a

10 shortcoming or delinquency. "Negligently" means an act or failure to
11 act by a person under duty to use due care which demonstrates a lack
12 of care for the treatment of others which a reasonably prudent person
13 would have used under the same or similar circumstances.

14

Now, I want you to turn to Charge III. In Specification 1
15 of Charge III, you have pled guilty to maltreatment of subordinates,
16 in violation of Article 93 of the Uniform Code of Military Justice.
17 As alleged and pled, this offense has the following two elements:

18
First, that a detainee was subject to your orders.

19

And two, that at or near Baghdad Central Correctional
20 Facility, Abu Ghraib, Iraq, on or about 8 November 2003, you
21 maltreated the detainee by escorting the detainee to be positioned in

22

a pile on the floor to be assaulted by other soldiers.

000044
18
1

In Specification 2 of Charge III, you've also pled guilty
2 to maltreatment of a subordinate, in violation of Article 93. This
3 offense has the following two elements:

4

First, that several detainees were subject to your orders.
5

And, that at or near Baghdad Central Correctional Facility,

6 Abu Ghraib, Iraq, on or about 8 November 2003, you maltreated the
7 detainees by taking pictures of said detainees who were lying on a
8 pile on the floor while another guard, Corporal MIN1111111.8
9 11111 kneeled on top of the detainees.

10

Now, subject to the orders, and this applies to both
11 specifications of Charge III, includes persons under the direct or
12 immediate command of you and all persons who by reason of some duty
13 are required to obey the lawful orders of you, even if those persons
14 are not in your chain of command or members of the military. The
15 maltreatment must be real, although it does not have to be physical.
16 "Maltreated" refers to treatment that when viewed objectively under
17 all the circumstances is abusive or otherwise unwarranted,
18 unjustified and unnecessary for any lawful purpose and that results
19 in physical or mental harm or suffering or reasonably could have

20 caused physical or mental harm and suffering. Improper punishment
21 may constitute this offense.

19 000045

1 Now, turn back to Charge I. In the Specification of Charge
2 I, you have pled guilty to conspiracy to maltreat subordinates, in
3 violation of Article 81 of the Uniform Code of Military Justice. As
4 alleged and pled, this offense has the following two elements:

5

First, that at or near Baghdad Correctional Facility, Abu
6 Ghraib, Iraq, on or about 8 November 2003, you entered into an
7 agreement with Staff Sergeant 1111111111111111111.11111. [sic) Sergeaht

8

Corporal warisi ¦iarift Specialist11111111, 9
Specialist 11111111111111W and PFC MIMMINMENEW to
10

commit maltreatment of subordinates, an offense under the Uniform
11 Code of Military Justice.
12

Two, that while the agreement continued to exist and while
13 you remained a party to the agreement, one of the coconspirators
14 performed the overt act alleged, that is, take a photograph of nude
15 detainees being forced into a human pyramid position for the purpoSe
16 of bringing about the object of the agreement.
17

Now, the elements of the offense which you are charged with
18 conspiracy to commit, namely, maltreatment of subordinates,

or as
19 told you earlier for Charge III, proof that the offense of
20 maltreatment of subordinates actually occurred is not required.
21 However, it must be proved beyond a reasonable doubt that the
22 agreement include every element of the offense of maltreatment of
006046

20

1 subordinates. Now, in a conspiracy, the agreement does not have to
2 be in any particular form or expressed in formal words. it is

3 sufficient if the minds of the parties reach a common understanding
4 to accomplish the object of the conspiracy, and this may be proved by
5 the conduct of the parties. The agreement does not have to express
6 the manner in which the conspiracy is to be carried out or what part
7 each conspirator is to play. The overt act required for this offense

8 does not ha.Ve to be a criminal act, but it must be a clear indication
9 that the conspiracy is being carried out. The overt act may be done

10 either at the time of or following the agreement. The overt act must
11 clearly be independent of the agreement itself, that is, it must be
12 more than merely the act of entering into the agreement or an act

13 necessary to reach the agreement.
14

Specialist Sivits, do you understand the elements and

15 definitions as I've read them to you and as they apply to each
16 specification?
17

ACC: Yes, sir.

18
MJ: Do you have any questions about any of them?
19

ACC: No, sir.
20

MJ: Do you understand your plea of guilty admits that these
21 elements accurately describe what you did?
22

ACC: Yes, sir.

21 0QC047
1

MJ: Do you believe and admit that the elements and definitions
2 taken together correctly describe what you did?
3 ACC: Yes, sir.
4

MJ: Specialist Sivits, at this time, I want you to tell me in
5 your own words what happened. First of all, give me a little
6 background. Are you a Reserve component soldier?
7 ACC: Yes, sir.

8 MJ: When were you activated?
9

ACC: February 24th of 2003, sir.
10

MJ: And when did you arrive in--did you come through Kuwait up
11 to Iraq?
12 ACC: Yes, sir.
13

MJ: And when did you arrive in Kuwait?
14 ACC: May 13th of 2003, sir.
15

MJ: And when did you get to Iraq?
16 ACC: May 30th, 2003, sir.
17

MJ: Now, some time in--and what's your MOS?
18 ACC: 63 Bravo, sir.
19

MJ: Which is a light-wheeled vehicle mechanic?

20

ACC: Light-wheeled vehicle mechanic, yes, sir.

21

MJ: Now, some time in November, were you working at the Baghdad

22

Correctional Facility, Abu Ghraib, Iraq?

000048
22

ACC: Yes, sir, I was put on a detail.
2

MJ: I was going to ask you, how did you get involved with that?

ACC: I was put on a generator detail to make sure that there was
4 fuel in the generators and if anything went wrong with them, we had
5 to check them to see if there was anything small that we could fix.

6 If not, we had to report it to higher.
7

MJ: Now, whether you were a light-wheeled vehicle mechanic, you
8 had enough experience with stuff you could work generators, too?
9

ACC: Some stuff, sir. 10 MT: Now,
were you assigned to the correctional facility or just
11 attached there to help them with generators, or was it unclear?
12

ACC: I was actually in the company TOC area, which was in the
13 building beside the hard site.
14

MJ: And what was your company-sized unit at that time?
15 ACC: 150 people.
16

MJ: No, no, I'm sorry, I wasn't clear. that was your company-
17 sized unit's name?

18 ACC: 372d MP Company, sir.
19 MJ: So, did that fall under the 800th MP Brigade?
20 ACC: Yes, sir.
21 MJ: So you were assigned to them?
22 ACC: Yes, sir.
23 0000(1?

1

MJ: Now, let me back up a bit. Now, you're a Reserve component
2 soldier and you were activated here, so you had been put on active
3 duty to support Operation Iraqi Freedom?
4 ACC: Correct, sir.

MJ: And you're still on active duty under that mobilization?.

6 ACC: Yes, sir.
7 MJ: Now, it would appear that most of these events all occurred
8 on the 8th of November 2003. Is that correct?
9 ACC: Yes, sir.

10

MJ: Okay, first, I want to get--now, what time did this stuff

11 happen?
12 ACC: Between 19, 2000 hours that I can remember, sir.
13 MJ: Late evening?

14 ACC: Yes, sir.
15

MJ: Now, what were you doing at the time before all this stuff
16 happened?
17 ACC: I had just finished filling the generators so they could.

18 run through the night, and I was sitting in our company TOC area, and
19 I was having a conversation with one of the people that was working
20 in the TOC at that time, sir.

21 MJ: And then how did you get involved with this?
24
1 ACC: Staff Sergeant Immo he'd come down, he had to print
2 some paperwork on our computer, on the company TOC computer. After
3 he was done, he asked me if I wanted to walk down to the hard site

4 with him, and I said, "Yes."

5

MJ: Okay, let me get the players down here now. Who is Staff
6 Sergeant IIIIIIIIr?
7

ACC: He was the NCOIC of the hard site, sir.
8

MJ: Now, when you say "hard site," was that the prison site?
9

ACC: Yes, sir.
10

MJ: And he was the NCOIC 24/7 or NCOIC for that shift?
11

ACC: From what I understand, sir, of that shift.
12

MJ: And he was an E6, so he said, "Do you want to come over to
13 the hard site?"
14

ACC: Yes, sir.
15

MJ: Did you know what he wanted to bring you over for?
16

ACC: He just wanted me to come down and talk with him because we
17 had started a conversation there, and we were talking and there

18 wasn't much for me to be doing in the company TOC, as long as I had a
19 radio.
20

MJ: Now, did you know Sergeant

before you were

21
stationed together there in the correctional facility area?
22

ACC: Yes, sir.

25

1 MJ: Where did you know him from?
2 ACC: He was in my Reserve unit from back home.
3 MJ: Okay, so when they came over here as MPs, did you come over

4 attached with them, or did you get attached later on? I mean,

5 they're an MP unit, right?
6 ACC: Yes, sir.
7

MJ: Was your unit--were you part of the MP unit?
8 ACC: Yes, sir.
9

MJ: So you provide vehicle support for them as a mechanic and
10 whatever else you can figure out. But you're not an MP, yourself-
11 ACC: No, sir.
12

MJ: And you've never been trained as an MP.
13 ACC: No, sir.
14

MJ: But you've been a member of this unit, so you knew all
15 these guys.
16 ACC: Yes, sir.

17
MJ: Got it, okay. So you're there and Sergeant MIR and

18
you start walking over to the hard site.
19 ACC: Yes, sir.
20

MJ: Okay, what happened next?
21

ACC: We got down to the hard site and he said that there were
22 seven detainees that had come in from Ganci site, which was another

26

006052

DOD 002482
1 site on the compound, for a riot. They had to in-process them, and
2 we could just go on about our business and continue the conversation.
3

We got to the holding cell where the detainees were, and they started
4

taking the detainees down to the 1-Alpha tier.
5

MJ: Now, what's the 1-Alpha tier?
6

ACC: The isolation cell, the cells on the hard site, sir.
7

MJ: Okay, is that individual cells for one detainee per cell?
8

ACC: Yes, sir.
9 MJ: Okay.
10

ACC: And like I said, there were seven detainees and there were
11 three, maybe four guards there. And I asked Sergeant 111111.1111 if he
12 wanted me to escort one of the detainees down to the tier. He said,
13 "Yes, go ahead." So, I took the detainee by the arm and took him
14 down to the hard site--or down to the 1-Alpha tier, sir.

15

MJ: At this point, did you think something was going to happen
16 to the detainee when they got to the other end, something
17 inappropriate or illegal?

18 ACC: Not at that time, sir.
19 MJ: So what happened next?
20 ACC: When I got closer, I heard Corporal..., yelling. He was

21 yelling in Arabic at the detainees that was already

there from the

22 people that had taken him down prior to me going down. AndOVHD53

27
1 turned the corner, that's when I saw the detainees lying on the
2 floor. I escorted the detainee in----

J
3 MJ: Okay, what were they doing on the floor/ J
4 ACC: They were just laying there, sir, sandbags over their head. J
5 MJ: Did your detainee have a sandbag over his head? J
6 ACC: Yes, he did, sir. J
7 MJ: Is that standard in-processing procedure, to your 8 knowledge?
9 ACC: To my knowledge, when they brought him into that facility,
10 yes, sir.
11 MJ: So the detainees, you saw a bunch of detainees with
12 Corporal 01111111yelling at them, lying on the floor, and they had
13 sandbags on their head.
14 ACC: Yes, sir.
15 MJ: And you still have the one detainee with you.
16 ACC: Yes, sir.
17 MJ: Are all these detainees male?
18 ACC: Yes, sir.

19 MJ: So you turned the corner and you see that. Are there other
20 soldiers around the detainees that are on the ground?

21 ACC: Yes, there is, sir.
22 MJ: What are they doing to the detainees? 000054
28

1

ACC: Sergeant 11111. PFC.., were stepping on the toes of
2 the detainees. Specialist , was checking the ID numbers with
3 the papers that she had, making sure that everybody--they had the

4 proper detainees.
5

MJ: Now, go back to the first two. Who was stepping on the 6 toes and the hands? 7 ACC: Sergeant narand PFC gm" 8
MJ: And how were they stepping on them?
9

ACC: Walking around with their boots, stomping on their hands
10 and toes.
11

MJ: More of a stomp than simply----
12 ACC: Yes, Your Honor.
13

MJ: And then did they kind of grind it in like it was a
14 cigarette to put out?
15

ACC: Not that I could see. All I could see was the leg going up
16 and down.
17

MJ: Now when they were doing that, did you know that was wrong?
18 ACC: Yes, Your Honor.
19

MJ: I mean, have you ever seen a detainee abused like that
20 before?

21 ACC: No, Your Honor.
22 MJ: So you knew that was wrong. 066055
29

1

ACC: Yes, Your Honor.
2

MJ: And when you first saw that, where were you with your
3 detainee?
4

ACC: About 20 feet from the pile, Your Honor.
5

MJ: And then what did you do next?
6

ACC: I let the detainee in and I pushed him into the pile.
7

MJ: So at this point when­
-initially, you didn't know what was
8 going on, correct?
9 ACC: Correct, Your Honor.
10

MJ: But once you turned the corner and you see these two
11 soldiers stomping the detainee, did you know the detainees were going
12 to be assaulted?
13

ACC: At that time, yes, I did, Your Honor.
14

MJ: And then after that, what did you do with your detainee?
15

ACC: Pushed him towards the pile and then somebody had grabbed
16 him and put him on the floor. He was lying there and I just kind of
17 stood back after that, Your Honor.
18

MJ: And so, when you escorted him in there, did you know he was
19 going to be assaulted by other solders? Not to start, I'm saying,
20 after you see the people getting stomped on.

21

ACC: Yes, once I see the people getting stomped on, I knew he 22 was going to be assaulted. 30 000056.
1

MJ: You knew he was going to be assaulted. And you continued 2 your escort duties and put him in this pile where then he was 3 assaulted by the other soldiers. 4 ACC: Yes, Your Honor.
5

MJ: And you knew that at the time while you were still
6 escorting him.
7

ACC: [No verbal response.]
8

MJ: What I'm saying is, you started out, you didn't know

9 anything was going on. Part of the way there, you see these two
10 soldiers starting to assault the detainees in a pile. And could you
11 have turned around and taken the detainee out?

12

ACC: I feel that I could have, yes, Your Honor.

13

MJ: But instead, you chose to put him in the pile to be
14 assaulted, just like the others.
15 ACC: Yes, Your Honor.

16
MJ: Now, these detainees, these are Iraqi citizens, or at least

17 members of--people found in Iraq. They may be Iraqis, they may be.
18 some other nationality.
19 ACC: Yes, Your Honor.

20

MJ: And this is in the prison, correct?
21 ACC: Yes.

066057
31

1

MJ: And although you're not an MP or even a prison guard,
2" correct?

3 ACC: Correct, Your Honor.

4

MJ: But when they're in the prison, when they come in and meet
5 the definition of a detainee, do they become subject to your orders?
6

ACC: Yes, they do, Your Honor.
7

MJ: Even though you're not a guard or anything like that, but
8 you're part of the prison cadre, want of a better term.
9 ACC: Yes, Your Honor.

10

MJ: No doubt in your mind about it.
11

ACC: No doubt at all, Your Honor.
12 MJ: What happened next?
13

ACC: Once the detainee was put on a pile, that's when Corporal
14

-had asked me if I would take a photograph, and I told him that

15 I would, Your Honor. I took the photograph, the photograph that I
16

had taken was the one where he was cradling an inmate in his forearm
17

and drew back like he was going to hit him. He just staged the
18 photo.

19 MJ: Why did you take the photo?
20 ACC: Because he asked me to take it, Your Honor.
21 MJ: Go ahead, what happened next?

32 006058

1 ACC: l

After that, there was some other photos being taken, and
2 then they started picking up some of the inmates and they would take
3 one at a time, having them strip down of all his clothes to search
4 him, and then they would--the first one they had kneel down facing

5 the wall, sandbag on his head.
6

MJ: Was he naked at this point except for the sandbag?
7 ACC: Yes, he was, Your Honor.
8 MJ: Okay, go ahead.
9 ACC: They did that to about two or three detainees. And after

10 that is when Staff Sergeant 111111110P walked over and picked up the
11 detainee that I had escorted to the tier and punched that detainee in
12 the chest, Your Honor.
13

MJ: Had the detainee done anything to him?
14

ACC: Negative, Your Honor.
15

MJ: Tried to run away, give him lip, anything?
16

ACC: No, Your Honor.
17

MJ: And so Sergeant IIIIIIIII,punched him in the chest.
18

ACC: Yes, Your Honor.
19

MJ: What happened next?
20

ACC: After that, the detainee went down, and Sergeant 111111111111,
21 told me, he said, "I think I might have put him in cardiac arrest."
22

I walked over....

33

Off O59
1.MJ: Take your time.
2

ACC: I walked over and got the detainee's attention and pointed
3 to my eyes for him to watch me. And then I showed him my chest and

4
had him watch how I was breathing so he could try to get his breath
5 back. That continued to work. They yelled up to the top tier and
6 asked Specialist T if they had an inhaler, and she said, "Yes,

7 I'll get it." I'm guessing one of the other inmates needed that

8
inhaler. So they brought it down and he took a couple puffs off of
9 that and we kept trying to get him----

10 MJ: Is this the guy that Sergeant hit?
11 ACC: Correct, Your Honor.
12 MJ: Got it, go ahead.
13

ACC: Trying to get him to breathe, and finally, the medical

14
personnel come down, checked him out, said everything was okay.

15
MJ: Who was this medical person? Had you ever seen him or her
16 before?
17

ACC: No, Your Honor. All I know is she was a female medic.
18 MJ: She came in and checked the guy out.
19 ACC: 'Checked the guy out.
20

MJ: And she left.
21

ACC: Yes, Your Honor.

000060
34

1 MJ: While she was there, was she a member of your unit or just
2 a medic assigned to the facility?
3 ACC: Just a medic assigned to the facility.
4 MJ: Now, while she was there, was there any more of the
5 assaulted behavior on the detainees going on?
6 ACC: Honestly, I can't recall, Your Honor.
7 MJ: But she just came and went.
8 ACC: Yes, Your Honor.
9 MJ: And what happened after she left?

10 ACC: After she left, they continued to have the detainees strip, 11 and that's when Specialist 111111,had found out that one of them was 12 a rapist, or a supposed rapist, took a black marker and wrote the • 13 word "rapist" across their leg. After that had happened, Corporal 14 NM walked over and punched one of the detainees that looked to be 15 in the temple or the head area, and it looked like he knocked the 16 detainee out. 17 MJ: Had this detainee done anything to Corporal 11111111t 18 ACC: Negative, Your Honor. 19 MJ: Now at this point, were they all naked with a bag on their
20 head?
21 ACC: Not all of them, there was still a few that were still.
22 clothed.

000061
35

MJ: But they all had the bags on their head.
ACC: Yes, Your Honor.

MJ: Were they any threat to anybody?
ACC: I didn't feel that they were, Your Honor.

MJ: Was there any indication they weren't obeying instructions

6 or anything like that?
7 ACC: No, Your Honor.
8

MJ: So 11111,just walked up and popped this guy in the head
9 and knocks him out.

10 ACC: Yes, Your Honor.
11 MJ: Okay, what happened next?
12 ACC: I told gm Corporal I said, "I think you might

13 have knocked that guy out," and I walked over to see if he was still

14 breathing. He was, and

had said, "Damn that hurt," stating--
15 talking about his wrist because I guess he hit him so hard that it
16 hurt his wrist.

17 MJ:

IIIIII,was, "Damn that hurt," referring to mow

wrist,

' 18 not the detainee's head.

19 ACC: Correct, Your Honor.

20

MJ: Got it, go ahead. What happened next?

21

ACC: After that happened, they continued to have the detainees
22 strip down. Once they were all stripped, they had them put into a

36 000062
1 human pyramid. They would tell them to get down on their hands and
2 knees and they would have them each--they would have them do one row

3 and then just make a pyramid the whole way up until all seven were on
4 the pyramid, Your Honor.
5

MJ: And they were naked with a bag on their head.
6

ACC: Yes, Your Honor.
7

MJ: Got it. What happened next?
8

ACC: That's when some of the photos were being taken of the
9 naked pyramid, and

.they were just making different comments that
10 happened. And after that had happened, they had the detainees
11 finally stand back up and put them facing the wall.

12

MJ: Let me ask, you said photos were being taken. Did you take
13 any pictures of that?
14

ACC: Negative, Your Honor.
15

MJ: Okay, just so I'm clear, on Specification 2, it talks about
16 when you took the picture, that hasn't come up yet?
17

ACC: I had taken a picture already earlier.
18

MJ: Okay, let me back up to that one. Tell me what you did

19 when you took your picture. I'm talking about, it apparently
20 involved Corporal

21 ACC: Yes, Your Honor .
22 MJ: Back me up to that part.
37 060063

1

ACC: Okay, he got in the middle of the pile of the detainees and
2 he grabbed the one detainee, he pulled the camera from his pocket and
3 he asked me if I would take the photo. And I said, "Sure," and I

4 took the photograph.
5

MJ: What was the photo of?
6

ACC: It was of a detainee, he had the detainee's head cradled'in

7 his arms and had his fist drawn back like he was going to strike the
8 detainee.
9

MJ: Was this before he had--was this the same detainee he hit
10 later on or was it-----
11

ACC: No, Your Honor, it was a different detainee.
12

MJ: And what was this detainee wearing at this time?
13

ACC: He was wearing an orange jumpsuit, and he had a sandbag
14 over his head.
15

MJ: Okay, was there an incident with 11.11111where he was
16 kneeling on a pile of detainees that you took a picture of?
17

Lieutenant NM am I confused here?
18

DC: No, Your Honor, that's the same incident that Specialist
19 Sivits is referring to.
20

MJ: Which one?
21

DC: When Corporal

was on top of a pile and he took a

22 photo-­
Specialist Sivits took a photo of him.

38

000064
MJ: Okay, I may have just misunderstood. I'm getting confused
2 by the piles here, so let me make sure.
3

You're talking about when he took a picture of 1

where
4 he's trying to hit somebody. Was he kneeling on top of other
5 detainees at the same time?

6 ACC: Yes, Your Honor.
7 MJ: And what were they wearing?.
8

ACC: Some were in jumpsuits, blue jumpsuits, orange jumpsuits.
9 For the most, they were in civilian clothing, Your Honor.
10

MJ: They hadn't been stripped at this point.
11 ACC: Correct, Your Honor.
12

MJ: Now, how many were on the deck, on the floor?
13

ACC: There was seven of them, Your Honor, total.
14 MJ: And how was

positioned with these seven? You said
15 he was kneeling on top of them?
16

ACC: He was kneeling like in the middle of them and things like
17 that, Your Honor.
18

MJ: Was he kneeling on them, and they were between him and the
19 floor? Are you with me on this? What I'm saying----
20 ACC: I'm trying to....
21

MJ: His knees were on them and they were on the floor. His
22 knees weren't on the floor between them, for example.

OuOOG
39
1

ACC: No, he was actually on them, Your Honor.

2 MJ: And then he grabbed one guy and he pretends he's going to
3 hit him?
4

ACC: Yes, Your Honor.
5

MJ: And he asks you to take a picture of that?
6

ACC: Yes, Your Honor.

7 MJ: Now, these are detainees still all subject to your orders.
8 ACC: Yes, they are, Your Honor.
9

MJ: Do you think you taking that picture of them humiliated the
10 detainees?
11

ACC: Yes, I do, Your Honor.
12 MJ: Why do you say that?
13

ACC: Because it was bad enough that they were embarrassed enough
14 to be in there, but what we were doing to them, I know that they
15 couldn't see the picture being taken, but they could hear the flash-
16 -or hear the click of the camera and probably see the flash through

17 the sandbags, Your Honor.

18 MJ: So as I explained to you earlier about how maltreatment can
19 cause mental suffering as well as physical suffering, the physical
20

suffering here was being caused by Corporal

but do you think 21 you caused them mental suffering by knowing their picture was being 22 taken as they were being humiliated? 40 006066
1

ACC: Yes, I did, Your Honor.

2 MJ: Now, let's move forward to, we have a pile on the ground
3

now. What happened, now, you said they were naked on the pile on the
4 ground and some other people took pictures of that?
5

ACC: Yes, Your Honor.
6

MJ: You didn't take a----
7 ACC: No, Your Honor.
8

MJ: What happened next?
9

ACC: After they were done with the human pyramid, they had the
10

detainees stand up against the wall, and they were—PFC.

was
11 commenting about the size--their sizes of their penises, Your Honor,
12 and that's when a photograph was taken of PFC 111111111,pointing with a
13 smile on her face and cigarette in her mouth at the detainees and
14 giving a thumbs up. And that went on for a few minutes. There was a
15 picture of that, and then after that is when they placed one detainee
16 standing up, and they put another one on his knees in front of the
17 detainee standing up to make it look like he was giving the detainee
18 oral sex. They took some photos of that.
19

MJ: At this time, all of the detainees are naked except for the
20 bag on their head.

21 ACC: Correct, sir.
22 MJ: Go ahead.
41 0 0 0 6

1

ACC: And after that, they--Staff Sergeant

and Corporal

2

walked over. Once they had the detainees stop that, they
3 walked over and took one of the detainee's hands and tried to get him
4 to masturbate himself, Your Honor. And when that started, I was

5 like, I'd had enough, and I left.
6

MJ: Now, although you told me earlier you weren't a guard
7 there, but you're a soldier in the United States Army, right?
8 ACC: Yes, Your Honor.
9

MJ: And you received training on the Geneva Convention of

. how

10 to treat POWs or detainees?
11 ACC: Yes, Your Honor.
12

MJ: And perhaps you don't even need training. Did you have a
13 duty to prevent this and to stop it?
14

ACC: Yes, I did, Your Honor, yes, I did.
15 MJ: Did you try to stop it?
16 ACC: No, Your Honor.

17

MJ: But you knew you should have, but you just didn't.
18 ACC: Yes, your Honor.
19

MJ: Now the fact that you were outranked by these people, did
20 that excuse you not trying to stop it?
21 ACC: No, Your Honor.

22 MJ: Now, who was there besides you and Sergeant 91111111r

42 03068

1

ACC: Sergeant First Class.... was there very briefly.
2

MJ: Who was Sergeant First Class
3

ACC: He was the platoon sergeant of the platoon that primarily
4

worked in that prison. I'm not sure of his main position at the
5 prison.
6

MJ: Was he there the whole time or just....
7

ACC: Honestly, Your Honor, the only reason that I knew he was
8

there was when Sergeant Illirwas stomping on the toes, I heard
9 somebody yell, "Sergeant

111.1111" And for the size of Sergeant
10 111111,, I never thought that that voice could come out of somebody

11 that little, and I turned and looked up and I saw that it was
12 Sergeant
13

ACC: I didn't see him after that, Your Honor. Specialist...,

MJ: So this was right at the start.
14 ACC: Correct, Your Honor.
15 MJ: And when he said that, you would assume that that was to
16 tell him to stop?
17 ACC: Yes, for everything to stop right there, right. Specialist
18 UM,
19 MJ: Did he leave, or did you not see him again?
20

21 was there, PFC UMW, Specialist imp

myself.

43

1

MJ: You mentioned earlier that, at least now, Specialist
2 was there?
3

ACC: Yes, Your Honor.

4

MJ: And Sergeant

5

ACC: Yes, Your Honor.
6

MJ: So the group that was there for most of the time when you
7 were there were you, Sergeant

, Sergeant 11111, Corporal

8

Specialist MEI Specialist IIIIIIrand PFC
9

ACC: Correct, Your Honor.
10

MJ: Now, when you turned the hall, did all these people
11 participate in the abuse of these detainees?

12 ACC: Negative, Your Honor.
13 MJ: Who didn't?
14 ACC: Specialiste'''. did not. She was upstairs. From what

15 understood, she was actually in charge of the female and juvenile

16 side of that area. She was upstairs, and Sergeant First Class
17
18

MJ: And correct me if I'm wrong, I believe you told me you saw
19 Sergeant 11111.1116.
20

ACC: Correct, Your Honor.
21

MJ: Okay, as I go through these names, tell me what you saw
22 each of these individuals do. Sergeant 011111111,

44

1 ACC: Strike a detainee in the chest, Your Honor.
2 MJ: Sergeant UMW
3 ACC: Stomped on hands and toes, Your Honor.
4 MJ: Corporal 1111.1111,
5 ACC: Punching a detainee, Your Honor.
6. MJ: Specialist 111.11W
7 ACC: Write the. word "rapist" on an inmate's leg, Your Honor.
8 MJ: And PFC
9 ACC: PFC was taking photos and laughing.
10 MJ: And she was also the one....
11 ACC: Stomping on the hands and toes.
12 MJ: So, you turned the corner here and you escorted your
13 detainee in there. And you told me earlier, is you didn't know what
14 was going to happen, but as you get in there, you see what they're
15 going to do.
16 ACC: Yes, Your Honor.
17 MJ: And let's put Specialist to the side for a second,
18 but the other six and you, remember I talked to you earlier about
19 what a conspiracy is?
20 ACC: Yes, Your Honor.
21 MJ: And a conspiracy can be like two people getting together or

22 three people, and saying, "Here's our plan to rob the bank taoll
45

1 this, you do that," and then kind of talk it out and work it out and
2 then they may or may not go rob the bank. But that agreement's in
3 words. There's also a way to get an agreement just by actions, to
4 join in common actions indicating that each individual member of the
5 conspiracy are all agreeing with the object of the conspiracy. Do
6 you understand what I'm talking about there?
7 ACC: Yes, I do, Your Honor.

8

MJ: And in this case, you're charged with conspiring with these
9 six other people. And again, let's put Specialist -to the side
10 for a second. These six other people were conspiring to

maltreat

11

these subordinates. Do you understand that? And the subordinates in
12 this case are the detainees.
13 ACC: Yes, Your Honor.
14 MJ:

Now, before you walked in there, did you ever discuss doing
15 this with them or anything like that?
16 ACC: Negative, Your Honor.
17

MJ: But once you got in there, by your actions and their

18 actions, do you believe and admit that you formed an agreement to
19 maltreat these detainees?
20 ACC: Yes, I do, Your Honor.

000072
46

1

MJ: Do you understand what I mean by that? I mean, you didn't
2 talk about it. And although eventually you withdrew, by that point
3 you had already participated to a degree, correct?

4

ACC: Yes, Your Honor.
5

MJ: Took pictures?
6

ACC: Yes, Your Honor.
7

MJ: Escorting them--well, let me go--okay. Then after you
8 started participating in this, when were the pictures taken of the
9 detainees in the human pyramid position, sequentially. Later?

10

ACC: Later on.
11

MJ: After you had already participated.
12

ACC: Yes, Your Honor.
13

MJ: Who took that picture?
14

ACC: The detainees in the pyramid, Your Honor?
15

MJ: Yes.
16

ACC: I cannot recall because there was....
17

MJ: Let me ask you this. Was it one of the six people, you
18 just don't know which one it is?
19

ACC: Correct, Your Honor.
20

MJ: Was there anybody else there other than you seven?
21

ACC: No, Your Honor.
22 MJ: At that point?

47 J 000013
1

ACC: No, Your Honor. [Pause.) Your Honor?
2 MJ: Yes, go ahead.
3

ACC: I'd like to clear on that, I didn't tell you, but I want' to 4 clear it. 5JMJ: Sure.
6 ACC: Sergeant had left once. Sergeant First Class um
7
told him that was enough. He had left the area, so at that time,
8 there would have only been five of us.
9

MJ: So guitr stomps the guy's hand. Sergeant First Class 10 yells at him. 11 ACC: Yes. 12
MJ: 11111,then leaves.
13 ACC: Correct.
14

MJ: But this was before you started participating in this?
15 ACC: Yes, Your Honor.
16

MJ: Specialist Sivits, who was in charge of these soldiers at
17 the time there, after Sergeant First Class 1111111. left? Well, let me
18 put it this way, maybe it appeared nobody was in charge, but who was

19 the senior guy?
20

ACC: The senior guy at that time would have been Staff Sergeant

.
21 1111.11111.

48
006074
MJ: Now, at that time, did he order you to do this, or did you
2 voluntarily participate?

3 ACC: Voluntary.
4 MJ: You knew it was wrong?
5 ACC: Yes, Your Honor.
6 MJ: Now, did any of these people--now, you said initially this
7 was a group that they thought were involved in a riot at another
8 location in the prison compound?
9 ACC: Yes, Your Honor.
10 MJ: And that's what they brought them over for.
11 ACC: Yes, Your Honor.
12 MJ: But had any of these people at any time done anything other

13 than comply with directions as far as you saw?

14

ACC: As far as I saw, no, Your Honor, they did everything they
15 were told to do.

16
MJ: Now, had you ever been involved with in

-processing

17 detainees before?
18
ACC: Negative, Your Honor.
19

MJ: Had you ever been involved with interrogating detainees?
20

ACC: Negative, Your Honor.
21

MJ: Have you ever been involved with detainees to any degree,
22 other than this day?

49 C00075
1

ACC: Negative, Your Honor.
2

MJ: Now, Sergeant 11111111, you meet at the TOC, he asks you
3 to come over, and then these events happen that you relayed to me,
4 okay?

5 ACC: Yes, Your Honor.

6

MJ: And you've got all these people doing all of this stuff.
7 Did any of them tell you or say anything of why they were doing this,
8 other than just to...or, let me ask .

you this, why were they doing .
9 this?
10

ACC: Honestly, I don't know, Your Honor. They had told me
11 before that they were asked to do this, and they were told to keep
12

doing whatever they were doing because the inmates----
13

MJ: Who told you that? Any of these six?
14

ACC: It was one of those six, but I can't recall exactly.
15

MJ: Did they tell you at this time or afterwards or before?
16

ACC: They had told me while they were in the tier area.
17

MJ: Okay. And what did this person, who you don't remember,
18 tell you?
19

ACC: They had said that they were told by MI for them to keep
20 doing what they were doing to the inmates because it was working,
21

they were talking, and I'm guessing what he meant by they were
22 talking, when they would interrogate them, they would talk-6­
150076
50

MJ: Now, you don't remember who told you this, but it was one
2 of the male soldiers?

3 ACC: Yes, Your Honor.
4 MJ: Now, they tell you this and you see what they're doing, did
5 you think that made it okay?
6 ACC: No, Your Honor.
7 MJ: Did you believe that when they said that they were told to

8 treat detainees this way?
9 ACC: No, Your Honor.
10

MJ: So, in your mind, I'm not talkihg about their mind, I'm
11 talking about Specialist Jeremy Sivits' mind, you knew regardless of
12 what they were saying about what they were being told, that this was

13 wrong to do this,
14 ACC: Yes, sir.
15 MO: To treat people this way.
16 ACC: Yes, sir.

17

MJ: Any doubt in your mind of that?

18
ACC: No doubt at all, Your Honor.
19

MJ: When you were all done with this, did you ever have a
20 discussion with Staff Sergeant 411111111,about what happened?

51
Ci, GO
1 ACC: As I was leaving the tier, Your Honor, he told me that it
2 really wasn't like told, told me, it was just like, "You didn't see
3 shit."
4 MJ: What do you think he meant by that?
5 ACC: Of the abuse that had occurred while I was there, Your
6 Honor.•
7 MJ: You didn't ask him, "Well, if you say this is okay, why
8 would you tell me that?"
9 ACC: No, I didn't ask any questions.

10 MJ: You just wanted to get out of there.
11 ACC: Yes, Your Honor.
12 MJ: Does either side believe any further inquiry is required?
13 TC: No, Your Honor.
14 DC: No, Your Honor.
15 MJ: Trial counsel, what do you calculate to be the maximum
16 punishment authorized in this case based solely on the accused's
17 guilty plea?
18 TC: Your Honor, 12 months confinement, reduction to El, two-
19 thirds months forfeiture of pay for 12 months and a bad-conduct
20 discharge.
21 MJ: Do you agree, Lieutenant
22 DC: Yes, Your Honor.

52 0G0078
1

MJ: Special Sivits, the maximum punishment authorized in this

2 case based solely on the accused's guilty plea is to be confined for

3 one year, to forfeit two-thirds pay per month for 12 months, to be

4 reduced to the grade of Private El, and to be discharged with a bad-

5 conduct discharge. Do you understand that?

6 ACC: Yes, sir.

7

MJ: Do you also understand that based on your plea alone, this

8 court could sentence you to the maximum punishment that I just

9 stated?
10 ACC: Yes, Your Honor.
11

MJ: Do you have any question as to the maximum punishment that

12 could be imposed in this case?

13 ACC: Negative, Your Honor.

14

MJ: There is a pretrial agreement. Let me see Appellate 15 Exhibit--the offer portion, which is Appellate Exhibit II. Mark the 16 quantum portion as Appellate Exhibit III. Lieutenant imp make
17 sure Specialist Sivits has both documents. I will only look at the
18 offer portion, Appellate Exhibit II.
19

Do you have a copy of these documents there, Specialist

20 Sivits?
21

ACC: Yes, I do, Your Honor.

53 000079

MJ: Now, I have Appellate Exhibit II here. You should have
2 both Appellate Exhibits II and III. We refer to the first one as the
3 offer portion, and the second is the quantum portion.

4 ACC: Yes, Your Honor.
5 MJ: Did you sign this pretrial agreement?
6 ACC: Yes, Your Honor.
7 MJ: Did you read it thoroughly before you signed it?
8 ACC: Yes, I did, Your Honor.
9 MJ: Do you understand the contents of your pretrial agreement?
10 ACC: Yes, Your Honor.
11 MJ: Did anyone force you in any way to enter into this

12 agreement?

13

ACC: No, Your Honor.
14

MJ: Does this agreement contain all the understandings or
15 agreements that you have in this case?
16

ACC: Yes, sir.
17

MJ: Has anyone made any promises to you that are not written
18 into this agreement to get you to plead guilty?
19

ACC: No, sir.
20

MJ: Counsel, are Appellate Exhibits II and III the full and 21 complete agreement in this case and are you satisfied there are no 22 other side agreements? 54 006080
1 TC: Yes, Your Honor.
2 DC: Yes, sir.
3 MJ: Now, Specialist Sivits, basically, a pretrial agreement

4 means you agree to plead guilty, and in return, the convening
5 authority takes the favorable action in your case, usually in the
6 form of limiting a sentence that he will approve. Do you understand

7 that?

8

ACC: Yes, I do, Your Honor.
9

MJ: The law requires that I discuss the contents of your
10 agreement with you. Let's look at Appellate Exhibit II together.
11

The first paragraph is relatively straight forward, that
12 you understand you could plead not guilty and have a moral right, and

13 legal right to plead not guilty if you so desire. Do you understand
14 that?
15

ACC: Yes, sir.
16

MJ: But nonetheless, you chose to plead as you have. Like I
17 said, it's relatively straight forward. It just, kind of repeats what
18 your counsel said earlier. Do you have any questions about that

19 paragraph?
20

ACC: No, I don't, Your Honor.
21

MJ: Paragraph 2 says if you offer to do this, in return, the
22 convening authority will take the actions contained in Appellate

55 006081
DOD 002511
1 Exhibit III, which I'm not going to look at until the very end of
2 this trial, and I'll explain that to you in a minute. And, that the
3 trial counsel move the court to amend the specifications to conform
4 with the pleas. There are no other promises, conditions, or
5 understandings regarding my proposed pleas of guilty that are not
6 contained in this offer and the quantum at Appendix A.

7

Is that true?
8

ACC: Yes, Your Honor.
9

MJ: So this is the whole deal, this piece of paper and the
10 other one.

11

ACC: Yes, Your Honor.
12

MJ: Now trial counsel, I just want to make sure there's no
13 misunderstanding. It says to move to amend the specifications to
14 conform with his plea. And I understand that part. The difficult
15 part I have is that two of the named coconspirators appear to have
16 been either not part of the conspiracy or withdrew prior to his

17 involvement. And so, in order to be found guilty of that

18 specification, in accordance with his plea, it will be necessary to,
19 at least as I heard the providence, and I'm certainly willing to
20 listen to the contrary argument, to delete the names of Sergeant

21 11111rand Specialist

from the conspiracy specification only.

22

TC: May I have a minute, Your Honor?

56 006 082
1 MJ: Sure. [Pause.]
2 TC: Your Honor, we'll amend to take those two names out.
3 MJ: Okay. My suggestion is that we wait until immediately

4 prior to findings, and then we'll make the appropriate amendments.
5 PC: Yes, sir.
6

MJ: Okay, let's go back to the pretrial agreement. Paragraph
7 3, you offer to do some other things, first, you offer to enter into
8 a written stipulation of fact, which you have done, and you agree
9 that it could be used both to assist in the guilty plea inquiry and

10 adjudge an appropriate sentence. ,We talked about that earlier. Do
11 you have any question about that provision?
12 ACC: No, Your Honor.
13

MJ: Now, if your plea is not accepted, the offer to stipulate
14 [sic] is null and void, which is lawyer talk for three words to mean
15 one thing, it's canceled. Do you understand that?
16 ACC: Yes, Your Honor.

17

MJ: But the convening authority has approved the pretrial
18 agreement, so the stipulation is good to go. Do you understand that?
19 ACC: Yes, Your Honor.

20

MJ: Paragraph 3(b) talks about you're going to waive all

21

motions I have, except those listed in R.C.M. 907(b)(1). Let's talk

0 0 6 0 8 3
57
1 about what you--Lieutenant Ilm, this is going to be directed to
2 you. Is there any evidence of pretrial punishment in this case?
3 DC: No, Your Honor.
4 MJ: So you would have no such motions.
5 DC: No, Your Honor.
6

MJ: Is there any grounds for a motion for appropriate relief
7 for illegal pretrial confinement?
8 DC: No, Your Honor.
9

MJ: Do you believe any of these charges are multiplicious for

10 either findings or sentencing?
11 DC: No, Your Honor.
12

MJ: And no unreasonable multiplication of charges.
13 DC: No, Your Honor.
14

MJ: So when you agreed to waive these motions, in essence, you
15 agreed to waive motions that, in your legal opinion, there was no
16 basis on law and fact to make?
17 DC: Yes, Your Honor.
18

MJ: Okay, you've discussed this with Specialist Sivits?
19 DC: I did, Your Honor.
20

MJ: So you understand, Specialist Sivits, that Paragraph 3
21 Bravo says that you agree to waive all motions, and your counsel has
22 looked into this and in his legal judgment, there are really no

58 006084
1 motions to make so you're kind of giving nothing for something. Do
2 you understand that?
3

ACC: Yes, Your Honor.
4

MJ: Now, Paragraph 3 Charlie really doesn't impact on this
5 case. This case is a special court-martial where the maximum limit
6

of the penalty is what I told you earlier. At a general court-
7 martial though, you're required--before a general court-martial can
8 be referred to trial, there must be what's called an Article 32
9 investigation, okay? Did you discuss what that is with your counsel?

10

ACC: Yes, I did, Your Honor.
11

MJ: And at one point, apparently, that was an issue in this
12 case, and you agreed to waive that Article 32 investigation, correct?
13

ACC: Yes, Your Honor.
14

MJ: Did he explain it thoroughly to you what it is?
15

ACC: Yes, he did, Your Honor.
16

MJ: Now, I just want to go over this with you, even though it
17 doesn't apply in this case, because like I said, there's no
18 requirement for an Article 32 investigation in a BCD Special. But
19 obviously, this was, at one point, relevant to your case, which tells

20 me, Lieutenant -

it would be a fair inference that a general
21 court-martial was being considered?
22

DC: That's right, Your Honor. 59 CCG085
1

MJ: So when you waived the Article 32, I'll just go over it
2 with you, and understand you don't have a right to an Article 32 in
3 this case. But when you waived it, and if they want to go to general
4 court, these are all the rights you would give up, so just let me go

5 through them with you.
6

Now, you've discussed what an Article 32 investigation is
7 with your defense counsel, true?
8 ACC: Yes, Your Honor.
9

MJ: Do you understand that no charge against you may be tried
10 at a general court-martial without first having an Article 32
11 investigation concerning that charge unless you agree otherwise?
12 ACC: Yes, Your Honor.
13

MJ: Do you also understand the primary purpose of an Article 32
14 investigation is to have a fair and impartial hearing officer inquire
15 into the truth of the matter set forth in the charges and obtain the
16 information of which to recommend what disposition be made of the

17 case?
18 ACC: Yes, Your Honor.
19

MJ: Do you also understand your right to be present at the
20 Article 32 investigation and be represented by counsel at the
21 investigation?
22 ACC: Yes, Your Honor.

60 C06086
DOD 002516
1

MJ: Do you understand you could call witnesses, cross-examine
2 the government witnesses and present documents for the investigating
3 officer to consider in arriving at his or her recommendation?

4

ACC: Yes, Your Honor.
5

MJ: Do you understand you could have provided sworn or unsworn
6 testimony at the Article 32 investigation?
7

ACC: Yes, Your Honor.
8

MJ: Do you also understand that one possible strategy for you
9 and your counsel at the Article 32 investigation could have been an
10 attempt to have the Article 32 officer recommend disposition of the
11 charge other than trial by general court?
12

ACC: Yes, Your Honor.
13

MJ: And again, we're not at a general court, so.... Didyou
14 know about all these rights you would have at an Article 32 at the
15 time you elected to give up the Article 32 investigation?

16

ACC: Yes, Your Honor.
17

MJ: Now defense counsel, the,

way I read this is that if the

18 accused's plea of guilty is determined to be improvident, his waiver
19 is unconditional?
20

DC: That's correct, Your Honor.

61 0 6087

1

MJ: At this point, that does not strike to the court as having
2 any legal significance. If it does have legal significance later on,
3 we will come back to it.
4

Now, Paragraph 3 Delta talks about what you agree to do in
5 cooperation. You agree to cooperate fully with the trial counsel in
6 the investigation and prosecutions of Staff Sergeant 11111111111111.

7 Sergeant OM Corporal MIN

Specialist NW Specialist
8

and Private 1111111,[sic] and it talks about what that really

9 means, full disclosure to the trial counsel of what happened at the

10 Baghdad Central Correction Facility, Abu Ghraib, Iraq, identification

11 of the four said soldiers in digital photographs entitled "CPU exam"

12 in the Abu Criminal Investigation Division, to testify at all such

13 Article 32 investigations, court-martials, and evidentiary hearings

14 related to the investigation of those six named individuals. Do you

15 understand that?

16

ACC: Yes, Your Honor.
17

MJ: When this trial is over with, in order to keep your

18 pretrial agreement, you've got to cooperate with this. Do you

19 understand that?
20

ACC: Yes, Your Honor.
21

MJ: Now trial counsel, I just want to clarify something. All
22 this refers to cooperating with trial counsel in the investigation of

62 o o 6 o

1 prosecutions of these other six soldiers. Would it be fair to say
2 that that would also include making himself available to be
3 interviewed by the defense counsel if they want to in those other

4 cases?
5

TC: Yes, Your Honor.
6

MJ: So it's full cooperation as if he were any other witness to
7 both sides.

8 TC: Yes, Your Honor.
9 MJ: Lieutenant is that your understanding?
10 DC: It is, Your Honor.
11

MJ: And Specialist Sivits, is that your understanding?

12

ACC: Yes, Your Honor.
13

MJ: Paragraph 4 says if any specification is amended,
14 consolidated or dismissed with your consent and the mutual consent of
15 trial counsel, the agreement shall remain in effect. It appears to
16 the court that this is just boilerplate that doesn't apply to this.

17 case. Is that true?

18
TC: Yes, Your Honor.

19

DC: Yes, Your Honor.
20

NJ: And Paragraph 5 talks about the things that will cancel the
21 agreement, if any of these four things happen, you'll lose your
22 pretrial agreement. First, you fail to enter into the stipulation of

63 006089
DOD 002519
1 fact or it's modified without the consent of both yourself and trial
2 counsel. Now, you guys have--it's signed, there have been no
3 changes, so you've got that agreement. But if something were to
4 happen between now and when this trial is over with that changes
5 that, we'll revisit this provision. Do you understand that?

6

ACC: Yes, Your Honor.
7

MJ: The withdrawal of either party for any reason whatsoever
8 from this agreement prior to the acceptance of my plea of guilty by
9 the military judge.
10

Now, despite how this is worded, I'm only going to talk
11 about your withdrawal. Because quite frankly,

have some doubts of
12 whether the government would be permitted to withdraw at this point,
13 so I really don't care what they're going to do. But, if you want'to
14 withdraw from the agreement at any time prior to accepting your

15 guilty plea or quite frankly, until this case is over with, you can. 16 And if that happens, the pretrial agreement is canceled. Do you 17 understand that?
18

ACC: Yes, Your Honor.
19

MJ: Do you want to withdraw from the pretrial agreement?
20

ACC: No, Your Honor.
21

MJ: Paragraph 5 Charlie, if you fail toplead guilty and waive
22 motions agreed herein.

006090
69
1 Basically, what this means, if you don't do what you agree
2 to, you lose the pretrial agreement. That's common sense. [Accused
3 nods his head up and down.]
4 Five Delta would be the refusal--the record should reflect
5 the accused had nodded his head to the common sense remark.
6 Five Delta, the refusal of the military judge to accept
7 your plea or the changing of your guilty plea by the judge during the
8 trial. Now, what this means, Specialist Sivits, is from now until I
9 announce the sentence, if you tell me in any way, shape or form

10 inconsistent with your guilty plea, I will reopen this inquiry. And,
11 if I can't resolve the inconsistency, I will enter a plea of not
12 guilty on your behalf and we're back to starting this trial all over
13 again as a not guilty case. Do you understand that?
14 ACC: Yes, I do, Your Honor.
15 MJ: Do you have any questions about your pretrial agreement in
16 Appellate .Exhibit II?
17 ACC: No, Your Honor.
18 MJ: Now, I'm not going to look at Appellate Exhibit III, the
19 quantum portion, until after I announce the sentence in your case.
20 But I want you to look at it now and read it silently to yourself and
21 tell me whether that is what you and the convening authority agreed

65 006091.
DOD 002521
1 to. [Accused complied.] Is that what you and the convening

2 authority agreed to?

3

ACC: Yes, Your Honor.
4

MJ: Now, you get the benefit of whichever is less, the sentence

5 adjudged by this court or what the convening authority agreed to in

6 that document. If the sentence adjudged by this court is greater

7 than the one provided in the pretrial agreement, the convening

8 authority must reduce the sentence to one no more severe than the one

9 in your pretrial agreement. On the other hand, if the sentence of

10 this court is less than the one in your agreement, the convening

11 authority cannot increase the sentence adjudged. Do you understand

12 that?

13

ACC: Yes, Your Honor.
14

MJ: Specialist Sivits, when is your ETS date?
15

ACC: 112203, Your Honor.
16

MJ: So you're past it.
17

ACC: I'm sorry, Your Honor, it's of 2004.
18 MJ: 112304.
19

ACC: Yes, Your Honor.
20

MJ: Okay, I have to tell you something. At this point, we're
21 at what's called the findings portion of the trial. When this gets

66 0060 92

1 concluded, we will be into the sentencing portion of the trial, and
2 once that is over with, I will adjudge a sentence.
3

ACC: Yes, Your Honor.
4

MJ: And so at this point, there's been no decision of what an
5 appropriate sentence is in your case. I haven't heard anything, so I
6 have an open mind. But, if confinement is adjudged and you're in
7 confinement past your ETS date, by operation of law, you go into a
8 no-pay-due status. That means no pay, no allowances. Do you

9 understand that?
10

ACC: Yes, Your Honor.
11

MJ: So when I told you earlier the maximum penalty in this
12 case, as far as the financial penalty, is forfeiture of two-thirds
13 pay per month for 12 months, that will only apply as a maximum to the
14 day you reach your ETS. If, and again, no decision has been made, if
15 you're in jail on the date of your ETS, at that point, you will be
16 placed in a no-pay-due status. Do you understand that?

17

ACC: Yes, I do, Your Honor.
18

MJ: Does that, in any way, impact on your decision to plead
19 guilty and enter into the pretrial agreement?
20

ACC: Negative, Your Honor.

21
MJ: Now, have you had enough time to discuss this pretrial
22 agreement with Lieutenant UMW

0 6093
67

1

ACC: Yes, I have, Your Honor.
2

MJ: Are you satisfied with his advice concerning this pretrial
3 agreement?
4

ACC: Yes, Your Honor.
5

MJ: Did you enter into the agreement of your own free will?
6

ACC: Yes, Your Honor.
7

MJ: Has anyone tried to force you to make this pretrial
8 agreement?

9 ACC: No, sir.
10

NJ: Do you have any questions about your pretrial agreement?
11 ACC: No, sir.
12

MJ: Do you fully understand all the terms of the pretrial
13 agreement and how they affect your case?
14 ACC: Yes, sir.
15

MJ: Specialist Sivits, are you pleading guilty not only because
16 you hope to receive a lighter sentence, but because you are convinced
17 that you are, in fact, guilty?
18

ACC: Yes, sir.
19

MJ: Do counsel for both sides agree with the court's
20 interpretation of the pretrial agreement?

21 TC: Yes, Your Honor.
22 DC: Yes, Your Honor.
68 036094

1

MJ: Lieutenantilr have you had enough time and opportunity
2 to discuss this case with Specialist Sivits?
3

DC: Yes, Your Honor.
4

MJ: And Specialist Sivits, have you had enough time and
5 opportunity to discuss your case with your defense counsel?
6

ACC: Yes, I have, Your Honor.
7

MJ: And have you, in fact, consulted fully with your defense
8 counsel and received the full benefit of his advice?
9 , ACC: Yes, sir.

10

MJ: Are you satisfied that your defense counsel's advice is in
11 your best interest?
12

ACC: Yes, sir.
13

MJ: And are you satisfied with your defense counsel?
14

ACC: Yes, I am, sir.
15

MJ: Has anyone made any threat or tried in any way to force you
16 to plead guilty?
17 ACC: No, sir.
18

MJ: Are you pleading guilty voluntarily and of your own free
19 will?

20 ACC: Yes, sir.
21

MJ: Do you have any questions as to the meaning and effect of a
22 plea of guilty?

69
0 36095
1 ACC: No, sir.
2

MJ: Do you fully understand the meaning and effect of your plea

3 of guilty?
4 ACC: Yes, sir.
5

MJ: Do you understand that even though you believe you are •
6 guilty, you have the legal and moral right to plead not guilty and to
7 place the burden upon the government to prove your guilt beyond a

8 reasonable' doubt?
9 ACC: Yes, sir.
10

MJ: Specialist Sivits, take one last moment now and consult
11 with your defense counsel and tell me whether you still wish to plead
12 guilty. [Accused conferred with his counsel.]
13

Do you still wish to plead guilty?
14 ACC: Yes, Your Honor.
15

MJ: Specialist Sivits, I find that your plea of guilty is made
16 voluntarily and with full knowledge of its meaning and effect. I
17 further find that you have knowingly, intelligently and consciously
18 waived your rights against self

-incrimination, to a trial of the
19 facts by a court-martial and to be confronted by the witnesses
20 against you. Accordingly, your plea of guilty is provident and is
21 accepted. However, I advise you that you may request to withdraw .
22 your guilty plea at any time before your sentence is announced and if

70 006096
1 you have a good reason for your request, I will grant it. Do you
2 understand that?
3 ACC: Yes, Your Honor.

4
MJ: Trial counsel, in accordance with the pretrial agreement,
5 at this point, do you move to amend, I believe, it was only the
6 Specification of Charge I in accordance with his plea?
7 TC: Yes, Your Honor.

8

MJ: So that would mean excepting the words "Specialist Sivits

9 took a photograph of" substituting therefore the words "that a
10 photograph be taken of", correct?
11 TC: Yes, sir.

12

MJ: And also, in accordance with our previous discussion to

13 except out the words, "Sergeant and "Specialist
14 1.11111111111.1111 •
15 TC: Yes, Your Honor.
16

MJ: That would appear that now it's in compliance with his

17 plea.

18

TC: That's correct, Your Honor.
19

MJ: I'm assuming there's no objection?
20

DC: No objection, Your Honor.
21

MJ: The government motion to amend the Specification of Charge
22 I is granted.

71 0'36097
1

Accused and counsel, please rise. [The accused and his
2 counsel stood.]
3

Specialist Jeremy C. Sivits, in accordance with your plea
4 of guilty, this court finds you:
5

Of all Specifications and all Charges: Guilty.
6 Please be seated.
7 The court will be in recess for 10 minutes, and then we'll

8 begin sentencing proceedings.

9 [Court recessed at 1416, 19 May 2004, and reconvened at 1426, 19 May
10 2004.]
11

MJ: The court is called to order. All parties are again
12 present that were present when the court recessed.
13

Specialist Sivits, we now enter the sentencing phase of the
14 tirial where you0ave the right to present matters in extenuation and
15 mitigation, that is, matters about the offense or yourself that you
16 want me to consider in deciding your sentence.

17

In addition to testimony of witnesses and the offering of
18 documentary evidence, you may yourself testify under oath as to these

19 matters or you may remain silent, in which case, I will not draw any
20 adverse inference from your silence.
21

On the other hand, if you desire, you may make an unsworn
22 statement. Because the statement is unsworn, you cannot be cross-

72 00009 8
1

examined on it. However, the government may offer evidence to rebut
2 any statement of fact contained in an unsworn statement.
3

An unsworn statement may be made orally, in writing, or
4 both. It may be made by you, by your counsel on your behalf, or by
5 both.

6 Do you understand these rights?
7 ACC: Yes, Your Honor.
8 MJ: Defense counsel, is the personal data on the front page of

9 the charge sheet correct?
10

DC: Yes, Your Honor.
11

MJ: Has the accused been under any form of pretrial restraint,
12 other than a soldier assigned to duty in Iraq?
13

DC: No, Your Honor.
14

MJ: Trial counsel, do you have any documentary evidence to
15 present on sentencing?
16

TC: Yes, Your Honor, Prosecution Exhibit 2 for identification,
17 I would ask that the PQR and the 2-1 be entered.
18

MJ: Personnel records of the accused.
19 TC: Yes, sir.
20

MJ: Any objection to Prosecution Exhibit 2 for identification?
21 DC: No, Your Honor.
22

TC: There also is Prosecution Exhibit 3 for identification----

73J 006099
1 MJ: Just a second, Captain 111110
2 TC: Oh, I'm sorry, sir.
3 MJ: Prosecution Exhibit 2 for identification is admitted.
4 Prosecution Exhibit 3 for identification is being offered?
5 TC: Yes, sir, we have an Article from Time.com that is titled

6 "How the Prison Scandal Sabotages the U.S. in Iraq."

7

MJ: Any objection to Prosecution Exhibit 3 for identification?
8

DC: No, Your Honor.
9

MJ: One moment. [Pause.] Despite the lack of objection,
10 government, the court's not going to admit Prosecution Exhibit 3 for
11 identification. There are opinions in here that would never be
12 admissible at a trial and a lot of this has nothing to do with this
13 case or this particular accused. Accordingly, the court finds it to

14 be irrelevant on sentencing in this case.

15

Any other documentary evidence, government?
16

TC: No other documentary evidence, Your Honor.
17

MJ: Do you have live witnesses you wish to call?
18

TC: Yes, Your Honor.
19

MJ: Proceed.
20

ATC: Your Honor, at this time, the government would call
21 Specialist

74 006100

1 Specialist 111111.1110W, U.S. Army, was called as a witness for the

2

prosecution, was sworn, and testified as follows:

3

DIRECT EXAMINATION

4
Questions by the assistant trial counsel [Captain

5 Q. Are you Specialist

of the 372d MP Company?

6

A. Yes, sir.
7 Q.

Are you a military police officer?
8 A. Yes, sir.
9 Q.

Now, around November of 2003, where was your unit
10 stationed?
11 A.

The prison, Abu Ghraib.
12

Q.

Now, were you present at the prison facility around
13 November 8th, sometime in the evening?'
14 A.

Yes, sir.
15

0.

Were you sent there for some particular purpose that
16 evening?

17

A. I was sent there to get Sergeant

10111W I needed to
18 talk with Sergeant IOW One of my NCOICs told me get him about
19 an issue. I do not remember what that was.
20 Q.

So you went down to get Sergeant

Could you very
21 briefly tell the court what you saw at that point?

75 006101

1 A. Yes, sir. I saw a naked prisoner standing up against the
2 wall masturbating with another naked inmate on his knees with his
3 mouth open under him.
4 Q. What did you do whenever you saw that?
5 A. I immediately went to my chain of command and my team
6 leader and reported it.
7 Q. How did that make you feel whenever you saw that?
8 A. It made me sick to my stomach, sir, disgusted.
9 MJ: Specialist's"?

10 WIT: Sir.
11 MJ: Was Specialist Sivits there at the time?
12 WIT: I do not recall. I do not remember him being there, sir.
13 MJ: Captain 111111,, how do we know it's the same incident?
14 TC: Your Honor, I think from the----
15 MJ: No, from what we have before me, hers only going to be
16 sentenced for what he did, not what other people did another day.
17 TC: I understand, Your Honor.
18 MJ: This wityess can't place him there. How do we know it
19 didn't happen another day with other people there?

20 TC: Your Honor, it's an accurate despription ipased on what the

21 accused stated during his providence inquiry about what he witnessed.
22 However, before the court, I'm laying a foundation for his impact

76 036102
1 testimony, just that he had personal observation also of what

2 occurred, and the government intends to shift into the impact
3 testimony on the end.
4 MJ:

Because you can't tie him to this accused, I'm going to
5 disregard his testimony as relating to the specific instance. If you
6 want to go to unit impact, separate issue. Go ahead.

7 Questions by the assistant trial counsel [continued]:
8 Q.

Now, you understand what the accused has pled guilty to

9 here today. Is that correct? 10 A. Yes, sir. 11 Q.
Narrowing your answer to the acts that he's pled guilty to,
12 the conspiracy to maltreat detainees, dereliction of duty and the
13 maltreatment of detainees, do you feel that these acts that he's pled
14 guilty to have had an impact on your unit morale?
15 A. Yes, sir.
16 Q.

Could you describe some of the impact that's had on your
17 unit's morale?
18 A.

Well, on a lower scale, sir, when we were still working at
19 the prison in January, we were looked down upon by the people that
20 knew and all the companies at the prison with us. I had found out
21 pretty easily what had happened and what was going on and we were
22 getting looked down upon as undisciplined, worthless soldiers

vo

77

1 that affected--it impacted the mission. It made it harder for us,
2 sir.
3 Q.

Let me ask you, you said that you felt like everyone was

4 looking at you. Did that specifically make your morale less than
5 what it was before?
6 A.

Yes, sir, because of the way they were looking at us as bad
7 soldiers when our previous record in the past proved that we had been
8 doing a good job the entire time we had been in country. Previously,
9 we worked in al-Hilla doing law and order, and we got great reviews

10 from there. And in the prison, we also got great reviews besides
11 these incidents. We were doing our job and getting looked down upon.
12 Q. Do you feel like these incidents that Specialist Sivits has

13 pled guilty to have tarnished the image of your unit?
14 A. Yes, sir.
15 Q.

You started to mention something about making it more
16 difficult to accomplish your mission. How is that so?
17 A.

It's just--it's very stressful, along with the--recently,
18 since it hid wide scale with the media, we have media attacking our
19 families at home. Our families are worried. We were worried.
20 Things like this make it very hard for us to do our current mission.
21 MJ: Specialist

you said "media attacking your families
22 at home," you don't mean physically, you mean simply----

78 066;94
1

ACC: Not physically, sir.
2

MJ: Bothering them.
3 ACC: Yes, sir.
4

MJ: I got it, go ahead.
5 Q.

Taking your focus away from what your mission is, it's your
6 testimony that that makes it harder for you to focus. Is that what

7 you're telling the court?

8 A.

That's exactly right, sir.
9

4.

What about on the larger scale of what your unit's trying
10 to accomplish now. Is it affecting that?
11 A.

I would say so, yes, sir.
12 Q.

Could you briefly describe that for the court?
13 A.

Again, as I said, just the people around us, they look at

14

us, they look down on us. The world now looks down on us. You know,
15 haven't had a chance at rebuttal, and you know, the media and all •
16 this plays a huge factor on our personal morale with the unit, and it

17 suffered, sir.

18

TC: Pass the witness.
19

MJ: Lieutenant M

do you have any questions of this
20 witness?

21 DC: Yes, Your Honor.
22 MJ: Proceed. 79 0361Q5

1

CROSS-EXAMINATION
2 Questions by the defense:
3

Q. Specialist WIN morale was good in your unit from May to
4 January, correct?

5 A. Yes, sir.
6 Q.

And on a scale of one to ten, with ten being the highest,

7 how would you rate the morale at that time?
8 A. Roughly an eight.
9

MJ: You're talking about May '03 to January '04?
10 ACC: Yes, sir.

11 MJ: Got it, go ahead.
12 Q.

And then, from January '04 to April '04, after the incident
13 became known, morale in the unit was still okay. Is that correct?.
14 A.

It suffered a little bit, sir, because of micromanaging,
15 and as I said, the people at the prison looking down on us, we
16

weren't sure what to expect next. We were about to get out of there,

17

out of country, and so yeah, it probably went to about a seven.
18 Q.

And would you agree that all of those factors that you just

19 described, the fact that yOu were being micromanaged and ultimately

20 that you were supposed to leave country, did that cause it to go
21 down?
22 A.

Oh, yes, sir, significantly.

C6'61.06
00

1 Q.

Have you worked with Specialist Sivits before?
2

A. A few times.
3 Q.

And would you describe him as professional?
4 A. Yes, sir.
5

Q. Courteous?
6

A. Yes, sir.
7 Q.

And I believe the quote you used before was, break his back
8 to help you?

9 A. Yes, sir.
10 Q.

Based upon your knowledge'of Specialist Sivits, and again,

11

on a scale of one to ten and with ten being the highest potential for
12 rehabilitation, how would you rate his ability to reenter society
13 today and become a productive member?

14 A.

Speaking about Specialist Sivits by himself, I would say a
15 nine.
16

DC: Thank you very much. No further questions, Your Honor.
17

MJ: Trial counsel, any redirect?
18

TC: No, Your Honor.
19

[The witness was excused and withdrew from the courtroom.]
20

MJ: Government?
21

TC: At this time., the government would call Lieutenant Colonel
22 MM.

81 006107
1

Lieutenant Colonel

U.S. Army, was called as a witness

2

for the prosecution, was sworn, and testified as follows:

3

DIRECT EXAMINATION

4
Questions by the assistant trial counsel [Captain 11111111:

5 Q.

Are you Lieutenant Colonel 111111111111, the Deputy
6 Brigade Commander of the 16th MP Brigade?
7 A. Yes.
8 Q.

Sir, how long have you been in the military?
9 A. 19 years next month.
10 Q.

And could you tell the court when you arrived in theater?
11 A.

Yes, our unit left Fort Bragg on January 11th, arrived in

12 Kuwait on January 12th and moved up into Iraq. January 21st is when
13 I actually got to Iraq.
14 Q.

And at that point, did you receive an assignment to go to
15 Abu Ghraib Prison?
16 A.

Yes, I did. On the morning of January 21st, Colonel
17

informed me that I would be moving over to Abu Ghraib 18 Prison. 19 Q.
And sir, from your recollection, was that roughly about the
20 time the incidents that the accused has pled guilty to here today
21 came known?

82 036108
1 A.

As I recall, it seems to be about the same timeframe that
2 we were made aware of that.
3 Q.

Now, whenever you arrived there at Abu Ghraib facility
4 there in January, did you have an opportunity to interact and observe
5 the soldiers of the 372d MP Company? f
6 A. Yes, I did.
7 Q.

And you had an opportunity to read the stipulation of fact
8 in this case and you understand what the accused has pled guilty to,
9 correct?

10 A. Yes. 11 Q.
Narrowing your answers and tailoring them just to the
12

things that he's pled guilty to, the maltreatment of detainees,
13

dereliction of duty and conspiracy to maltreat, do you feel like
14

those actions that the accused participated in had an impact on 'the
15 372d's morale?

16 A. Yes, I do. I felt that it had a very negative impact----
17 MJ: Colonel 1111111
18 WIT: Sir?

19 MJ: You got there in January?
20 WIT: Yes, sir.
21 MJ:

Did you know what the morale was before you got there? 22 WIT: No, sir. 83 Q36109
1

MJ: So you can't speak to relative terms of the morale, is that
2 true?
3

WIT: Before I arrived, no, sir, that's correct.

4
MJ: So you don't know whether it went up or down. But you have
5 an opinion of what the morale was when you----
6 WIT: Yes, sir.
7

MJ: Do you understand what I'm saying?
8 WIT: Yes, sir.
9

MJ: You were starting to say it went down, and I don't believe

10

you have a basis for knowledge. What was the morale of the unit like
11 when you got there in January?
12

WIT: Sir, when I arrived there in January, I felt like the
13 morale was very low at that time.
14

Questions by the assistant trial counsel [continued]:

15 Q.

Did you feel that these events had been revealed whenever
16 you arrived, roughly, the week that you arrived there, had an impact
17 on the unit's ability to accomplish its mission from that point

18 forward?
19 A. Yes, I did.
20 Q.

Could you describe for the court how you feel like that
21 impacted the 372d's ability to accomplish its mission from the point

84 006110

1 you arrived forward based on the revelation of the things that the

accomplishment. At that time when I arrived, the unit did not have a

2 accused had participated in?
3 A. Yes, I felt like the unit had lost its focus on mission
4

5 good focus on their mission accomplishment. A lot of the soldiers
6 had low morale. They were focused on just trying to get out of
7 there. They felt like they had a negative stigma attached to their
8 unit, and it caused them to lose focus, I felt, upon their mission
9 accomplishment. Minor tasks, such as performing counts, keeping the

10 cells and areas clean and orderly were not being accomplished in an

11 efficient manner. Tasks that I felt junior NCOs should have been
12 able to supervise and accomplish requii.ed micromanagement from senior
13 NCOs and officers.

14

MJ: Colonel gm" coming back to what I said before though,
15 do you have any idea how efficient this unit was before you got
16 there?

17 WIT: No, sir.
18

MJ: So, it's conceivable that the unit was very inefficient
19 long before these things happened.
20

WIT: Sir, it's possible, yes, sir.

21

MJ: That there was a failure of leadership at that time. 22 WIT: Yes, sir. 85 0 6111
1

MJ: What you're saying, there was not a very efficiently run
2 unit when you got there.
3

WIT: That's correct.
4

MJ: Could or could not be related to these events. i mean you
5 can't say for sure, because you have no idea what it was before these
6 things came up.
7

WIT: That's correct, sir.

8 Questions by the assistant trial counsel [continued]:
9 Q.

'Because of these events, sir, did Specialist Sivits get

10

removed from the facility there?

11

A. Yes.
12 Q.

So did you lose a soldier that you counted on?
13 A.

Yes, we did.
14 Q.

Was that a soldier that was going to be replaced?

15

A.

No, the Reserve and National Guard units did not have a

16

good system in place to fill replacements. So when we lost a

17

soldier, and each soldier's position was. critical because of the

18

current manning strength when I arrived up there, so every soldier

.

19

that we lost was a critical position to lose.
20 Q.

Let's talk a little bit bigger picture. Do you feel like

21

the actions that the accused has pled guilty to here today has had an

22

effect on the 16th MP Brigade currently? 86 036112
1 A. Yes, I think it has.
2 MJ: What's your basis for that opinion?
3 WIT: Sir, when we arrived here, when I was taken out of my,

4 position as the Deputy Commander to go be the Commander at Abu Ghraib
5 Prison, there were a lot of actions, staff actions that I feel like
6 did not receive the proper level of attention and supervision because

7 I was----8
MJ: No, I understand that, Colonel Imp. What I'm saying is,
9 the question is, is that as a result of the accused's actions, it
10 impacted your ability of the--you're the 16th MP Brigade?
11

WIT: Correct.
12

MJ: To do you mission. And my question comes back to is,
13 what's the basis of your opinion that it was the reports of abuse
14 that hurt your mission as opposed to some other cause, for example, a
15 poorly led unit or other reasons. Do you understand what I'm saying?
16 I mean, I know you got there after the fact, but the problem is, is

17
that you don't know how it was before the fact. So, your mission
18 becomes more difficult, but can you tie in the difficulty of your

19
mission directly to the reports of abuse or that just, the mission
20 was difficult for a lot of reasons, including the abuse?

21
WIT: Sir, the basis of my opinion, the reason I would directly
22 attribute it to that is because in my opinion, my understanding is

87
C36113
1 the former commander of the 320th MP Battalion was removed from his
2 duties due to the reports of the abuse which then caused me to be
3 moved from the 16th MP Brigade.
4

MJ: No, I understand that, but we're getting tangential here.
5 I'm not saying that you weren't put in there because things weren't
6 going well

I don't dispute that. But I'm still kind of back to,

7 Captain

is trying to connect in how the unit performed after
8 you got there, specifically to the abuse. And I come back to my
9 question. which I've gotten to earlier, is that you really don't know

10 how good the unit was ahead of time to begin with. Apparently not
11 very good if the Battalion Commander got relieved. Are you with me
12 on this? I mean, do you just know? That's my question, is how do

13 you tie it in with the abuse?
14

WIT: Sir, I was understanding his question, his last question to
15 be, how did this impact our 16th MP Brigade?
16

MJ: Yes, but I'm saying--what I'm hearing is that there's all
17 sorts of problems in the previous unit when you relieve a Battalion
18 Commander that's not for misconduct. And what I'm saying is, can you
19 lay all the problems of the unit that made it hard at the feet of
20 Specialist Sivits' one day of misconduct or is it a whole
21 conglomeration of things with that unit that made your follow-on
22 duties very difficult. Are you with me on this?

88

006114

1 WIT: Yes, sir.
2

MJ: I mean, and I understand that. You're saying that it was a 3 difficult mission, I got that. But Captain maw"
I don't see how
4 this witness can lay this directly at the feet of this accused.
5

ATC: Your Honor, he's testifying that based on the acts of the
6 accused, specifically, the conspiracy, all of the overt acts that
7 were committed in furtherance of the conspiracy----
8

MJ: I got that, there's no foundation.
9

ATC: ----had an effect.
10 MJ: Captain

but you've laid no foundation that that's
11 the cause of the effect that you're trying to elicit. What I'm
12 hearing this witness tell me is that this unit had all sorts of
13 problems that resulted in NCOs not doing their job properly, the
14 Battalion Commander being relieved, and other things. And so, my
15 question is, how can he testify that this unit made life difficult

16 for them just because of what Specialist Sivits did that night with
17 the other soldiers as opposed to the whole way the unit was being run
18 that resulted in new leadership coming in.
19

ATC: Your Honor, what I heard him testify to is not about what
20 the 320th had done to make his job more difficult, and that's not the
21 question I asked him, sir.

036115
89

1

NJ: Well, I know it's not the question i asked him, but what
2 I'm saying is the answer you've asked for, why is your job more
3 difficult? And I'm not saying it wasn't difficult for Colonel

4

I'm

not saying it's not. But the problem I have is that the

5 job was difficult, and What you're trying to say is the job was •
6 difficult because of one night of Specialist Sivits. And what I'm
7 asking you is, can this witness differentiate his one night of

8 misconduct with all the other problems in the unit that made it

9 difficult for his follow-on mission. So I buy your conclusion, the
10 mission was difficult. I just don't buy your premise, because I'm
11 not sure this witness is qualified to say, "Specialist Sivits'
12 misconduct on that day made my mission very, very difficult." I •
13 agree the mission may have been difficult and may be caused by a lot

14 of things. But do you understand what I'm trying to say here?
15

ATC: I understand what you're trying to say, Your Honor.
16

MJ: But you're disagreeing with me.
17

ATC: My point--or from what I understand is that the witness is
18 testifying to, and maybe I need to clarify that, but based on the
19 events that revealed, including Specialist Sivits' conduct, the
20 maltreatment of the detainees----
21

MJ: Captain

that's what I asked him. I said, "What's
22 the basis that the maltreatment, itself, as opposed to all the other
90

006116
1

problems of the unit, caused the difficulty?" And I never got an

2 answer to that because I'm not sure...let me ask you this.
3

Colonel limy

can you--and I understandyour position,
4 but I'm just saying, is can you differentiate between the problems of
5 8 November and what occurred that day and all the other things that
6 preceded long before he got there, has that event of 8 November
7 causing--at least, inyour opinion, substantially make your mission
8 more difficult, or realistically, is it all tied up and you get there
9 and you find a mess?

10

WIT: ,Sir, in my opinion, I would relate the vast majority of the

11

problems to the reports of abuse.
12

MJ: Okay, let's leave the answer to that and move on to
13 something else if you have something else.

14 Questions by the assistant trial counsel [continued]:
15

Q. Colonel

are you aware of the revelation of the acts

16

of Specialist Sivits he engaged in with maltreatment. And you're

17

specifically aware of what he's pled guilty to here today, correct?

18

A. Yes,

that's correct.

19

Q.

And that's photographing Corporal

cradling the

20

detainee in a position like--posing like he's about to strike a

21

detainee, failing to protect the detainees from abuse that was

91 OG6117

1 committed upon them, and then the conspiracy with some other
2 individuals to maltreat these detainees, correct?
3

A.

That's correct.
4 Q.

You're aware of those things? You've actually looked at
5 the charge sheet in this case?

6
A.

[Affirmative response.]
7

Q.

Based on the revelation of those specific events Specialist
8 Sivits engaged in, and narrowing your answer just to those events, if
9 you can, can you please tell the court if you feel, in your opinion,

10 that this has had an impact on the ability of the MPs to currently
11 accomplish their mission, not based on the acts of the 320th, solely
12 based on the revelation of the conduct that Specialist Sivits has
13 pled guilty to here today that's been revealed?

14

A.

Yes. In my opinion, I think it has had a negative impact
15 on our ability to receive cooperation from local organizations that
16 we work with, to work with the Iraqi people. I believe, and again,

17 in my opinion, it has had a definite negative impact on our ability
18 to properly work with the Iraqi people to receive--or to maintain our
19 credibility and mission focus due to these reports.

20 Q.

And would you also state that that applied to the Army as a

21 whole?
22

A.

Yes, I would. 92 066118
1
ATC: No more questions.
2

MJ: Lieutenant

do you have any questions?

3

DC: Yes, sir.
4

MJ: Proceed.
5

CROSS­
EXAMINATION
Questions by the defense:

7

Q. Colonel VIII" you served as the Battalion Commander of

8 the 320th for one month, correct?
9

A.

That's correct.

10

Q.

And that was from 23 January to 24 February, right?

11

A.

That's correct.
12

Q.' And what was your mission when you went to the 320th?

13

A.

When I went to assume command of the 320th MP Battalion,

14 the 320th MP Battalion had five companies at that time underneath
15 them.
16

Q.

I don't mean to interrupt you, but can you summarize what
17 your mission was?
18

A.

Maintain custody and control, detention operations at AbU
19 Ghraib prison.
20 Q.

Did you accomplish your mission?
21

A.

Yes, I would say we did.
22 Q.

And you accomplished your mission within one month, right?
93

006119
DOD 002549
1

A.

The mission is still ongoing. During the time that I was

2 out there, I would say yes, the unit accomplished their mission at
3 the time.
4 Q.

Okay, thank you. Now, you were assigned to the 320th not

5 to replace Specialist Sivits, right, but to replace its former
6 Battalion Commander.
7

A.

That's correct.
8

Q.

Do you know why this former Battalion Commander was removed
9 from command?
10

A.

My understanding is due to the reports of abuse and
11 mistreatment.
12

Q.

And solely the Abu Ghraib reports?
13

A. Yes.
14

Q.

So you're not aware of any other instances of detainee
15 abuse before Abu Ghraib, right?
16

MJ: You mean at other installations?
17

DC: Yes, Your Honor.
18

MJ: Are you aware of any?
19

WIT: Yes, sir.
20 Q.

You

are aware that there were accusations of detainee abuse
21 at other installations before Abu Ghraib that the 320th was involved
22 in?

94
0x6120
A.

I had seen one report of a previous mistreatment case, yes. 2 Q. And is it your opinion that that didn't affect unit morale 3 at all?
4 A. That related to the 372d MP Company?
5 Q. Roger, or the 320th MP Battalion.
6 A.

I'll try to separate those. To my knowledge, the previous
7 case, the 372d MP Company was not at the same location as the
8 previous case. For the Battalion Headquarters, my impression that
9 the other incident had been several months prior and when I arrived
10 out there, I did not see or feel a negative impact from that.
11 Q.

Do you feel that while you were in command of the 320th for
12 one month that you made progress towards improving its morale?
13 A. Yes, I think we made progress.
14 DC: Thank you.
15

MJ: Any further questions?
16

TC: No further questions, Your Honor.
17 [The witness was excused and withdrew from the courtroom.]
18

MJ: Trial counsel, anything further?
19

TC: Your Honor, the government rests. 20 MJ: Defense? 21
DC: Yes, Your Honor.

95

1

MJ: Do you have any documentary evidence to present at this
2 time.
3

DC: We do, Your Honor.
4

MJ: Two stipulations of expected testimony marked Defense
5 Exhibits Alpha and Bravo.
6

DC: Yes, Your Honor.
7

MJ: Specialist Sivits, did you read Defense Exhibits Alpha and
8 Bravo thoroughly before you signed them, the stipulations of expected
9 testimony?
10

ACC: Yes, Your Honor.
11

MJ: Do you understand the contents of the stipulations?

12

ACC: Yes, Your Honor.
13

MJ: Do you agree to the contents of the stipulations?

14

ACC: Yes, Your Honor.
15

MJ: Before you signed these stipulations, did your defense
16 counsel explain the stipulations to you?
17

ACC: Yes, Your Honor.
18

NJ: Do you understand that you have the absolute right to

19

refuse to stipulate to the contents of these documents?
20

ACC: Yes, Your Honor.
21

MJ: You should enter into these stipulations only if you
22 believe it's in your best interest to do so. Do you understand that?

96 006122
1

ACC: Yes, Your Honor.
2

MJ: I want to ensure you understand how they will be used. When
3 counsel for both sides and you agree to a stipulation of expected
4 testimony, you're agreeing that in Defense Exhibit Alpha for

5 identification that if Captain 11111111111111111. and Defense Exhibit
6 Bravo for identification, Sergeant Major 11111111, were present in
7 court and testifying under oath, that they would testify

8 substantially as set forth in these stipulations. The stipulations

9 do not admit the truth of the person's testimony. The stipulations
10 can be contradicted, attacked or explained in the same way as if that
11 person was testifying in person. Do you understand that?

12

ACC: Yes, Your Honor.
13

MJ: Knowing now what I have just told you and defense counsel

14 earlier told you about these stipulations, do you still desire to
15 enter into them?
16

ACC: Yes, Your Honor.
17

MJ: Do counsel concur on the contents of the stipulations?
18

TC: Yes, Your Honor.
19

DC: Yes, Your Honor.
20

MJ: One moment, please. [Pause.] Defense Exhibits Alpha and
21 Bravo are admitted.
22

Defense?

97 0 6123
1

DC: Your Honor, there is also a 15-6 Investigation by General
2 Taguba. I believe that's marked for identification as Charlie.
3

MJ: That's the unclassified version?
4 DC: Yes, sir.
5 MJ: Any objection to Defense Exhibit Charlie for

6 identification?

7

TC: No objection, Your Honor.
8

MJ: Defense, let me ask you a question, do you want me to read
9 the whole thing or do you want to direct me to a particular area?
10

DC: We would like----
11

MJ: Do you want me to read the whole thing?
12

DC: It's a lengthy document, Your Honor.
13

MJ: I've got all the time in the world.

.

14

DC: Well, I think it adds a lot of insight on why what occurred
15 occurred.
16

MJ: Defense Exhibit Charlie for identification is admitted.
17

Defense Exhibit Delta is a....
18

DC: Proof of employment, sir.
19

MJ: Okay, any objection to Defense Exhibit Delta for
20 identification?
21

TC: No, Your Honor, no objection.
22

MJ: Defense Exhibit Delta is admitted into evidence.

98 J 036124
Defense Exhibit Alpha appears to be a good soldier book.
2 Any objection to Defense Exhibit--excuse me, Echo, any objection?

3 TC: No objection, Your Honor.
4 MJ: Are there original pictures in here?
5 DC: There are, Your Honor.
6 MJ: Okay, copies of original pictures may be substituted in the

7 record of trial, and the originals returned to the accused.

8

Do you have any other documentary evidence?
9

DC: No, Your Honor.
10

MJ: The court will be in recess while I review Defense Exhibits
11 Charlie and Echo.
12

[Court recessed at 1500, 19 May 2004, and reconvened at 1520, 19 May
13 2004.]
14

MJ: Court is called to order. All parties are again present
15 that were present when the court recessed.
16

If I haven't done it already, Defense Exhibit Echo for

17

identification is admitted at Defense Exhibit Echo.
18

Lieutenant 111111/
19

DC: Sir, the defense calls Sergeant first Class
20

[END OF PAGE]

99 036125

1 Sergeant First Class mow

U.S. Army, was calldd as a witness

2

for the defense, was sworn, and testified as follows:

3

DIRECT EXAMINATION

4

Questions by the assistant trial counsel [Captain

5 Q.

Please state your full name,and unit of assignment.
6 A.

Sergeant First Class 111, 372d Military Police
7 Company.

8 Questions by the defense:

9

Q. Sergeant.. how long have you been in the Army?
10 A.

I've been in the Army for 27 years, sir.
11 Q.

What's your military occupational specialty?
12 A.

Military policeman.
13 Q.

What is your current duty position?
14 A.

I'm currently the operations sergeant for the 372d.
15

Q. Do you know Specialist Sivits?
16 A. Yes, I do.
17

Q. How do you know him?
18 A.

I've just known him through the Reserve system.
19 Q. Would that be the 372d MP Company?,
20 A. Roger that, sir.

21 Q.

Have you had an opportunity to work with Specialist Sivits

22 in the 372d?

100J
006126
1 A. Yes, sir, have.

2 Q. Have you worked with him often?
3 A.

Yes, sir, for about the last 4 to 5 years, I guess.
4 Q.

Do you have any opinion as to Specialist Sivits' work as a
5 soldier?

6 A. Good work, good soldier, gooOkid.
7 Q.

Does Specialist Sivits have a reputation within the 372d?
8 A. Yes, sir, he does.
9 Q. What's his reputation?
10 A.

He's the go-to guy to get stuff done. If you have a
11 problem, he's the one to go to.
12 Q.

Do you have an opinion of Specialist Sivits?
13 A.

My opinion is, again, I've gone to him before when I was
14

the platoon sergeant and he is the one to get things done for me.
15 He's the one I could trust to come through to get things done.
16 Q.

Were you surprised of his involvement with the abuse at Abu
17 Ghraib?
18 A.

Yes, sir, I was.
19 Q. Why?
20 A.

Because that is not typical or what I expect of Jeremy.
21 Q.

Now, based upon everything that you know about Specialist 22 Sivits, on a scale of one to ten, with ten representing the highest 101 036127
1 potential for rehabilitation, how would you quantify Specialist
2 Sivits' potential to leave this courtroom today and reenter society?

3 A. I'd say a ten, sir.
4 DC: No further questions. Thank you.
5 MJ: Trial counsel, do you have any questions of this witness?
6 ATC: A couple, Your Honor.
7 CROSS-EXAMINATION
8 Questions by the assistant trial counsel [Captain mow
9 Q. Sergeant you're aware of what the accused has pled
10 guilty here to today, correct?
11 A. Yes, sir.
12 Q. And would you agree with me that there's more to being, as

13 you said, a good soldier, a good boy, or a good kid, I think were
14 your words, than just doing your duty and being a go-to guy on your
15 job?

16 A. Yes, sir.
17 Q. Certainly as

,

an MP, you would agree with me that whenever

18 you cross the line and commit criminal acts, you step beyond being a
19 good soldier and a good kid.
20 A.

I would agree, sir.

102
036128
1 Q.

Do you feel that the acts that Specialist Sivits has pled
2 guilty to here today are consistent with someone who is a good
3 soldier?

4 A. No, sir.
5 Q.

And certainly, you're not here today to tell the court that

6 someone who commits a criminal act should not be punished, are you?
7

A. No, sir.
8 Q.

In fact, you've made a statement to me, I think, that
9 you're merely asking the court to consider the facts that you're
10 testifying to, rather than say he shouldn't be punished, but that you
11 think he should be punished.
12

MJ: Captain

his opinion of whether or not he should be
13 punished is irrelevant. Move on to something else.
14 Q.

But you would agree with me, with the statement that crimes
15 should be punished, correct?
16

A. Yes, sir.
17

ATC: That's all I have at this time.
18

MJ: Sergeant Illar
thankyou for your testimony. You're

19 excused.
20

DC: Sir, I have one other----
21

MJ: I'm sorry, Lieutenant

illilit do you have anything more?

22

DC: Yes, sir.

103 036129
DOD 002559
1

MJ: Go ahead, I'm sorry.
2

REDIRECT EXAMINATION

3

Questions by the defense:

4

Q. Sergeant...?

you would agree that good soldiers make
5 mistakes sometimes, don't you?
6 A. Yes, sir.

7 [The witness was excused and withdrew from the courtroom.]
8

MJ: Lieutenant Imp

DC: Sir, the defense calls Sergeant First Class

9 111111111..
10

VIM
11 Sergeant First Sergeant

U.S. Army, was called as a

12

witness for the defense, Was sworn, and testified as follows:

13

DIRECT EXAMINATION 14 Questions by the assistant trial counsel [Captain mom
15

Q.

Please state your name, rank and unit of assignment.
16 A.

11.11111111111.11111, 372d Military Police Company.

17 Questions by the defense:

18

Q. Sergeant

how long have you been in the Army?

19 A.

I've been in the military for 23 1/2 years, sir. 20 Q.
And what is your MOS?
21 A.

31 Bravo.

22 Q.
That's military police officer?

109 006130

1

A.

That's correct.
2 Q.

And you're a Reservist, correct?
3

A.

That's correct.
4 Q.

What do you do in your civilian job?
5

A.

Maryland State Police, Transportation.
6 Q.

Do,you know Specialist Sivits?
7

A. Yes, I do.

8 Q. How do you know pim?
9

A.

I've known Specialist Sivits for 5 1/2

years.

10 • Q.

And how do you know him?

Do you know him from the Reserve

11 unit?
12 A.

Yes, sir, I do.
13

Q. From the 372d?
14 A.

That is correct, sir.
15 Q.

Have you had an opportunity to work with Specialist Sivits
16 in the past?

17 A. Yes, I have, sir.
18

Q.

What are your observations based upon your work with
19 Specialist Sivits?
20

A.

My observations from working with Specialist Sivits as a
21 platoon sergeant is he is a hard worker. He is a good worker, he's
22 dedicated. He does whatever needs to get done as far as his job is

105 006131
1 concerned, and he's willing to put in the extra effort to make sure
2 the job gets done.
3

Q.

Does Specialist Sivits have a reputation within the 372d?
4 A. Yes, sir, he does.
5 Q.

And what's his reputation?
6

A.

Specialist Sivits, when something needs fixed, is generally

7 the person that people go to because he's reliable and dependable to
8 make sure it happens.
9 Q.

Were you surprised to learn of Specialist Sivits'
10 involvement in the detainee abuse at Abu Ghraib?
11

A. Yes, I was.
12 Q.

Why were you surprised?
13

A.

It's out of character for Specialist Sivits.
14 Q.

Do you feel he's a good soldier?
15

A. Yes, I do.
16 Q.

Now, on a scale of one to ten, with ten representing the
17 highest potential for rehabilitation, how would you quantify
18 Specialist Sivits' potential based

upon everything you know about him
19 to leave this courtroom today and join society as a productive
20 member?
21

A.

I believe Specialist Sivits is a ten, sir, or I would not
22 be here.

106

006132
1
DC: Thank you very much. No further questions.

2
MJ: Trial counsel, do you have any questions of this witness?

3
ATC: Just very briefly, Your Honor.

4
CROSS-EXAMINATION
5 Questions by the assistant trial counsel [Captain 111111111,:
6 Q.

Sergeant _, you've worked with the accused for 5 years. 7 Is that correct? 8, A.
That's correct, sir.
9 Q.

During that time, you've gotten to know him pretty well?
10 A.

Fairly well, yes, sir.
11 Q.

And you think that based on your opinions that he knows
12 right from wrong?

13 A. Most definitely, sir.

14 Q.

Would you agree with me that certainly the actions that he
15 committed that he's pled guilty to here today are wrong?
16

A. Yes, sir, I would.

17

ATC: No further questions.
18

MJ: Lieutenant IMF anything further?
19

DC: No questions, Your Honor.
20 [The witness was excused and departed the courtroom.]
21

MJ: Defense?
22

DC: No further witnesses, Your Honor.

107

C06133

1

MJ: Defense rests?
2 DC: Yes, Your Honor.
3

MJ: Trial counsel, you may argue--do you have rebuttal?
4

DC: Oh, I'm sorry, I would like to have Specialist Sivits give
5 an unsworn statement.
6

MJ: Oh, okay, go ahead.

7 DC: I apologize.

8 MJ: That's okay.

9 [The accused took the stand for an unsworn statement.]

10

UNSWORN STATEMENT
11 Questions In' the defense:

12 Q.

Specialist Sivits, you're a Reservist, right?
13 A.

Yes, I am, sir.
14 Q.

Where do you live when you're not on active duty?
15

A. I live in a small town called timmir, 16' sir. 17
Q. Can you describe 111111111111,
18 A.

Small town ,in between some mountains, a very lovely town.

19 There's about 45 people that live in that town.
20 Q. Do you have family in the area?
21 A.

Yes, I do, sir.
22 Q.

Tell the court about your family. 108 006134
I have a beautiful and loving wife,

1 A. 1,11.111111111111,
2 and a great dad and mom, 11111.11...r. And, I have two
3 adorable goddaughters, also, sir.

4 Q. Do you have any hobbies?
5 A. Yes, I do, sir.
6 Q. What are they?
7 A.

When I'm not on active duty with the Reserves, I'm very
8 active with the VFW. I do Honor Guard for Memorial Day parades,
9 Veterans Day parades. I'm the Assistant Varsity Head Coach at
10

and also, assist helping Little League baseball players
11

learn how to be teammates and how to work together, also, sir.
12 Q. Did you go to school in the area?
13

A. Yes, I did, sir.
14

Q. Did you go to high school?
15 A.

Yes, sir.
16 Q.

Did you graduate?

17 A. First one to in my family, sir.

ri

18 Q.

And what did you do after high school?
19 A.

I joined the Army Reserves, sir.
20

Q. And why did you join the Army Reserves?

109 C36135

1 A.

Because I felt it was my duty to serve my country, and
2 also, because my father and my uncle, who waS killed in action, and
3 my grandfather all served in Vietnam in the Army, sir.

4 Q.

And you're a light-wheeled vehicle mechanic, right?
5 A. Yes, sir.
6 Q.

Can you tell the court what a light-wheeled vehicle
7 mechanic does?
8 A.

Check the oils in the trucks, make sure that they're
9 mission capable.
10 Q. row,

is this your first deployment with the Army?
11 A.

Negative, sir.
12 Q.

When have you deployed before?
13 A.

Bosnia, sir, in 2001.
14 Q.

How long was that deployment?
15

A. Seven months, sir.
16 Q.

And why were you deployed to Bosnia?
17 A.

I volunteered for a peacekeeping mission, sir.
18 Q. And why did you volunteer?
19 A.

Because I wanted to help out the people of Bosnia, and I
20 also knew it was my duty to be with my company and serve my country?
21 Q.

When did you get back from Bosnia?
22 A.

February 24th, 2003, sir. 110 CG6136
1 Q.

And when were you mobilized to come here to Iraq?
2

A.

I'm sorry, sir, it was February 24th, 2002 that I'd come
3

back, and I was mobilized February 24th,

2003.

4 Q. One year later, exactly?
5 A. Yes, sir.
6 Q.

How did you feel about the back to back deployment?
7 A. I was proud, sir.
8 Q.

Why were you proud?
9

A.

Because once again, my country called for me to serve, and
10

I wanted to help the people of Iraq be free of Saddam Hussein, sir.
11 Q.

When did your unit arrive in Iraq?
12 A. May of 2003, sir.
13 Q.

And at some point, you went to Abu Ghraib.

14
A. Yes, sir.
15 Q.

Can you describe what Abu Ghraib was like when you arrived 16 there? 17
A.

It was hell.

It honestly was.

We were being attacked by

18
mortars, rockets,

small arms fire.

It was dark.

The prisons were
19 overcrowded.

It was like out of a horror movie,

sir. It was just

20 hell.
21 Q.

Did you see a lot of combat there?
22

A.

I saw my fair share, sir.

111
066137
1 Q.

Did you see a lot of wounded soldiers there?
2 A.

I also saw my fair share of that.

3 Q. Do any particular instances come to mind?
4 A. Yes, sir.
5 Q.

Can you describe them for the court?
6 A.

There was a night that a fellow soldier and myself were

7 coming, we were coming back from the TOC area. We started getting
8 hit hard with mortars. On the way back, we noticed a soldier that
9 was flagging down for help. He had been wounded from shrapnel in the

10 upper leg. We got the soldier into the HMMWV. We took him to the
11 medic station, and I grabbed the soldier and carried him in and was
12 yelling for a medic to help the soldier because his pants leg
13 was...his pants leg was full of blood, sir.

14 Q.

Now, we're here today because of something that occurred at
15 Abu Ghraib on or about 8 November. How long did that entire incident
16 last from the time you first went down to the tier and the time you

17 left? 18 A.
It wasn't 30 minutes.
19 Q.

Now, other than what occurred at Abu Ghraib that night, how 20 would you characterize your service here in Iraq? 21 A.
As far as my section goes, the motor pool section, i think
22 we did a great job. We got the mission done and made sure, worked

006138
112
1 hard to make sure that the trucks were up and running to keep our MPs
2 out and doing their job, also.

3 Q. Have you learned any lessons from this?
4 A. I learned huge lessons, sir.
5 Q. What did you learn?
6 A. How to stand up for what's right. You can't let people

7 abuse people like they were doing. It was wrong. It shouldn't have
8 happened.
9 Q.

Do you have anything else you'd like to say to the court?
10 A.

Yes, I do, sir.
11 Q. Go ahead.
12 A.

Sir, first of all, I'd like to apologize to the Iraqi
13 people and to those detainees. I want to apologize to the court, and
14 I want to apologize to the Army, to my unit, and my family. I've let
15 everybody down. That's not me. I should have protebted those
16 detainees that night. I should have done the right thing.
17 shouldn't have taken that photo. And second, sir, I ask to stay in
18 the Army. I want to stay in. I love the Army. I love that flag.
19 That's all I've ever wanted to be was an American soldier. I'm truly

20 sorry for what I did. And, I honestly think that I could be a great
21 learning tool for other soldiers, and other soldiers and teach them
22 to stand up for what's right, and don't let people do the wrong

113

006139
DOD 002569
1 thing, that you've got to stand up for the right thing. Sir, I'm
2 truly sorry. I'm sorry for what I've done.
3

DC: You can have your seat. [The accused resumed his seat at
4 counsel table.]

J
5
Defense now rests, Your Honor.
6 MJ: Trial counsel, any rebuttal?
7 TC: No, Your Honor.
8 MJ: Government, you may argue first on sentencing.
9 TC: Thank you, Your Honor.
10 Your Honor, these acts committed by the accused are

11 horrendous, appalling and were simply wrong. At a very basic level,
12 the accused's actions are fundamentally against Army values, and for
13 that matter, they are against human values. A human being does not
14 deserve to be treated like this. Those who do treat human beings
15 like this commit criminal acts and deserve the most serious
16 consequences for these acts. Your Honor, it does not matter if
17 you're an MP or a mechanic. These criminal acts violate our Army

18 values and human values.
So how do we know these acts were contrary to such values?
20 We know that, Your Honor, Army regulations, Geneva conventions,
21 policies, SOPs, criminal codes that all prohibit such conduct. But
22 it's more basic than that. Growing up as children, Your Honor, we

114 066140
1 learn the golden rule. Treat others as you would want to be treated,
2 basic human decency. The accused stepped woefully over this line.
3 He conspired with others to maltreat Iraqi detainees that were in the
4 care and custody Of military police. The accused escorted a detainee
5 and was put with other detainees in a pile like animals on the floor.
6 They were assaulted by colleagues for no military purpose. They were
7 flex-cuffed and they were no threat. The accused photographed

8 detainees as another acted as he was going to assault the detainee.
9 His colleagues and the accused were laughing at his behavior and
10 enjoying these acts. Iraqi detainees were then stripped naked and

11 put in a compromising position, to include being forced to masturb

ate.

12 and simulate fellatio. Your Honor, utter humiliation and criminal
13 behavior. The accused took advantage of others who were vulnerable.
14 Why? They were laughing and joking, it seemed like just for fun.

Your

Honor, the accused knew this was wrong. He didn't
16 need rules, regulations or training. He knew it was wrong, and his
17 own words, his own statement to CID he was asked a question. "Do you
18 think the incidents you witnessed were wrong?" Answered by the
19 accused, "All of them were."

20 MJ:. One moment.
21 TC: Yes, Your Honor.
22 MJ: Is that statement before me?
115 OCG141

1 TC: Yes, sir, it's in the stipulation of fact.
2 MJ: Could you point it out to me, please?
3 TC: Yes, Your Honor.
4 MJ: Oh, I see it. Paragraph 14.
5 TC: Paragraph 14, yes, Your Honor.
6 MJ: Proceed.
7 TC: CID then asked, "Why were they wrong?" Answered by the

8 accused, "To be honest, it was mistreating the prisoners." And then

9 he went on to say, "That is abuse of the Geneva Convention." The
10 accused's own words, Your Honor. A mechanic, but he knew. He knew
11 these were improper, against Army values, against human values,

12 against the law.

The accused now does stand up today and does what's right.
14 He takes responsibility for his actions. He agrees to cooperate
15 against others, perhaps who are more culpable. Does he deserve
16 credit for that? Yes, Your Honor, we believe he does. He's doing

17 the right thing. However, his actions have caused many consequences

18 to others, so now that he takes responsibility, there must be

19 consequences for his actions. Also, sir, he's taking responsibility
20 for the actions, but what about the timing? Even though he knew what
21 he did was wrong, he continued and he did nothing, or he could have
22 stopped. He told no one. The accused did not stand up and do what

116

CG614

1 was right that night. In fact, you heard in his providence, Your
2 Honor, one man went, he thought went into cardiac arrest. One other
3 man was knocked out. He didn't stop it. He didn't do anything at
4 that point. He takes responsibility now, but maybe it's a bit too
5 late. He did it after he got caught. He did it after CID was tipped
6 off by Specialist 11111,and began an investigation. CID came to him.
7 That's when he started to cooperate. The accused should have come

8 forward as others did, Specialist

At that point, Your Honor,
9 if the accused. would have stepped forward that night, he might be a
10 witness in a court-martial rather than the accused.

Your Honor, we've heard the impact on the'soldier, on the
12 unit, on the country, both the U.S. and the newly free Iraq. I do
13 not believe the government can overestimate the seriousness of these
14 criminal acts and the impact. However, should the accused bear the
15 full responsibility for all that has occurred since this story is out
16 in the news and the pictures are released? The government doesn't

17 believe the full responsibility, sir. But one cannot ignore the
18 consequences and his acts are many, the disturbing acts of a few have
19 caused national and international repercussions and even have

20 affected our current operations and perhaps the safety of our
21 soldiers here in Iraq. Have others contributed to this? Yes, they
22 have, sir. There may have been leadership failures, to include the

117

0G6143
military police who were present that night. Were conditions bad at
2 the prison? You bet they were, sir. This was not good duty, long
3 hours, and the constant threat of attack. And you've heard testimony
4 the accused is well liked. He's a good guy. However, Your Honor,•
5 all that does not excuse individual responsibility for criminal acts.
6 There must be serious consequences for the actions of the accused.
7 The punishment of the accused is not the only
8 consideration. We must send the message to other soldiers, to our.
9 nation, to the Iraqi people, that the United States Army does not

10 tolerate such behavior in our soldiers. These horrendous and
11 appalling acts photographed for the world to see, while this soldier
12 knew it was wrong and became a part of this, must be punished in the
13 harshest way possible.
14 For these reasons, Your Honor, we respectfully ask for the
15 maximum 12 months confinement, the maximum forfeitures and a bad-
16 conduct discharge. Your Honor, the accused violated Army values.
17 The accused violated human values.

18 MJ: Defense?
19 DC: Thank you, Your Honor.
20 It's easy to label Specialist Jeremy Sivits as a sadistic

21 monster and act as though he's not part of the Army. But he is part
22 of our Army. He's part of an Army that is one in purpose and

118

C36144

1 mission, but made up'of many individuals. An Army made up of human
2 beings who did extraordinarily good things in places like Iraq, but
3 like all human beings, make mistakes.

Specialist Sivits was wrong
4 for what he did and what he failed to

do on the evening of November
5 8th, 2003. No one is disputing that,

especially not Specialist
6 Sivits. In fact, from the beginning of CID's investigation to a
7 statement to the court today, Specialist Sivits has repeatedly

8
admitted his wrongdoing. He does not blame others, but rather, he

9 accepts responsibility for his actions. Specialist Sivits is very
10 much aware and regrets that he let his unit, the detainees and his
11 family down by not doing the right thing. But no matter what those
12 detainees may have done to end up at Abu Ghraib Prison, it was his
13 duty as a soldier to protect them. Knowing that, Specialist Sivits'
14 mistakes are the beginning, not the end,of determining a proper
15 sentence. In determining a proper sentence, our courts look beyond
16 labels and balance what happened with whom Specialist Jeremy Sivits

17 is and who he can be in the future.

18
Before considering who this soldier is, look first at the
19 real adverse impact of Specialist Sivits' individual action on the
20 unit. The government suggests that he has caused a reduction of
21 morale in his unit. While misconduct may impact morale to some
22 unquantifiable degree, it is clear that poor morale in the unit was

119
006145
DOD 002575
1 caused by a wide variety of factors, not the least of which was a
2 complete breakdown in leadership at the brigade level and below. The
3 defense suggests, Your Honor, that Major General Taguba's report on
4 command climate reveals that this mechanic's misconduct on the night
5 of 8 November had very little to do with any erosion of morale. It
6 is easy to label him as the cause of poor morale and indiscipline in
7 the unit, but the evidence before the court regarding actual impact
8 is clear. The defense would ask the court to consider the actual
9 impact of these actions on the unit and not the impact caused by

10 other soldiers' acts or the failure of some of his commanders.

So who is Specialist Sivits? According to his wife, 111111 12 he is a compassionate husband who is missed and needed very much. He 13 is an only child of 1111111101111111111
and a godfather to two young 14 children back home in Pennsylvania. He lives in a small town called 15 111111111111,with only 45 residents. Specialist Sivits is the first 16 person in his family to graduate from high school. He's a volunteer 17 varsity baseball coach for his local high school, a Little League 18 coach and an active volunteer in the VFW color guard. Specialist 19 Sivits joined the Army Reserve as a mechanic right out of high school 20 because he knew it was his duty to do so and because he comes from a 21 family rich in military service. He wanted to honor the former 22 service of his dad, his grandfather and his uncle who was killed in 120
066146
DOD 002576
1 Vietnam. We know, too, from his former company commander, a sergeant
2 major, the rear operations sergeant and the operations sergeant, that
3 Specialist Sivits is a good soldier. We know that he is a volunteer.

4 Captain

indicated that Specialist Sivits volunteered to deploy
5

to Bosnia in 2001 and that his hard work and dedication to the Army
6 contributed to the success of the mission. He volunteered because' he
7 thought he could in some way help his unit and the Bosnia people.

8

We also know that Specialist Sivits' service to this
9 country did not end in Bosnia. Less than a year after arriving home
10

from Bosnia in 2002, Specialist Sivits learned that his unit was
11 being deployed to Iraq. When mobilized exactly one year after he
12

returned home from a 7-month deployment to Bosnia, Specialist Sivits
13

was not upset. Instead, he told the cdirt that he felt proud to be
14

serving his country again and he wanted to help the Iraqi people. •
15

Specialist .Sivits arrived in Iraq shortly after the start of the war
16 and has been here ever since. In the fall, he was sent to Abu Ghraib
17 Prison, a dark, overcrowded, filthy place where he and his unit were

18

repeatedly exposed to daily attacks from mortars, rockets, and small
19 arms fire.

As noted in General Taguba's report, the quality of life
20 for soldiers there was poor, yet Specialist Sivits did what he could,
21 and but for the night of 8 November, he accomplished his mission as a
22 mechanic and as a soldier, and he accomplished his mission well.

121 036147
1

The evidence before the court is clear. This is a good
2 soldier. For example, Sergeant Major indicated that

3 Specialist Sivits is a good soldier and his entire unit has a
favorable opinion of Specialist Sivits. Sergeant First Class.'"
5 and Sergeant First Class

each testified that Specialist Sivits

6 was a good soldier with a good reputation and excellent
7 rehabilitation potential. Captain Milli Sergeant Major
8 Sergeant First Class nuand Sergeant First Class

all know
9 what Specialist Sivits did and all agree that it was entirely out of
10 character for him. This man made a mistake on 8 November, but he has
11 proven by his behavior and his actions both before and after that
12 night that he was a good soldier worthy of a chance at rehabilitation
13 who has and can continue to contribute immediately. This is a
14 soldier who has told the truth when asked what he did and fully
15 cooperated with the Army in addressing this matter. When questioned.
16 by CID, he confessed, provided truthful information and made multiple
17 statements. He waived his right to a preliminary hearing. He pled

18
guilty today in front of the world media and has demonstrated his
19 rehabilitative potential throughout this process. Good soldier,
20 family man and provider, a valued member of a small town and a man, a
21 human being who made a mistake by not protecting his fellow man on 8
22 November. That is who Specialist Sivits is. All of those labels fit

122
C 6148
1 Specialist Sivits, and a member of our Army who will, without

2 question, accept whatever punishment this court feels is appropriate.
3

So what punishment is appropriate for an otherwise
4 exemplary soldier who has the respect of his peers and his superiors,
5 is remorseful, who has accepted responsibility for his wrongdoing
6 while fully cooperating with the government and who can be easily
7 released into society today? If Specialist Sivits is punished solely

8 for what he did, taking into account who he is, neither.

-'

protection of

9 society, rehabilitation, the preservation

of good order and
10 discipline or deterrence justify either a

long term of confinement

or

11 a discharge for this young soldier. Does

society need to be
12 protected from Specialist Sivits? The answer, Your Honor, is clearly
13 no. Those who know Specialist Sivits told this court that the 30-odd
14 minutes of misconduct on 8 November is totally out of character for
15 him. Indeed, the members of the two societies into which

Specialist

16 Sivits would be released into, his home town of

1111111111111"
17 Pennsylvania, and the Army have written numerous letters and
18 testified

on his behalf. Those people and soldiers know that they do
19 not need to be protected from Specialist Sivits and they actually
20 want Specialist Sivits to remain in their respective societies.
21

Does Specialist Sivits need long-term confinement or a
22 discharge from the Army to be rehabilitated? No. How do we know

123

036149
1 this? First, Sergeant First Class IIIIIpand Sergeant First Class
2

all testified that Specialist Sivits can immediately transition
3 back into civilian life. Even Specialist

the government's
4 own witness testified as to Specialist Sivits' rehabilitative
5 potential. Second, Specialist Sivits not only came before the court,
6 indeed, the entire world to admit his wrongdoing, but he did so as
7 soon as he was asked about what happened. Third, Specialist Sivits
8 knows that he should have stopped the other soldiers from mistreating
9 detainees, that he should have protected those detainees and that he
10 should have not taken the photograph. And finally, Specialist Sivits
11 has a job as a garage mechanic waiting on him. Although the job

12 might not look like much to most people, it speaks volumes to who
13 Specialist Sivits is, where he comes from, and just how out of his
14 element he was at Abu Ghraib.
15

Specialist Sivits stands as an example to other soldiers
16 that the actions of every individual in the Army are importfnt. Our
17 Army is strong enough to acknowledge to the Iraqi people that we are
18 made up of individuals who all work hard to do good and sometimes
19 fail. Our Army is also strong enough to accept those individual
20 failures and not cast out those who, like Specialist Sivits, can
21 still contribute. We are a nation and a military that follows the
22 rule of law. Here today, in this historical place, the defense would

124
000150
1 ask the court to show our soldiers, the*Iragi people, the people of
2 •

the world that our rule of law is about punishment, but it is also
3 about justice and appropriate punishment eased before the court--
4 based on the evidence before the court alone. Follow the rule of law
5 today, Your Honor, and determine an appropriate punishment for what
6 Specialist Sivits did based on the totality of who he is and not on

7 the other soldiers. Thank you.
8

MJ: Court is closed.
9

[Court closed at 1554, 19 May 2004, and reopened at 1622, 19 May
10 2004.]
11

MJ: Court is called to order. All parties are again present
12 that were present when the court closed.
13 Lieutenant

have you advised the accused orally and
14 in writing of his post-trial and appellate rights?

15. DC: I have, Your Honor.
16

MJ: And that's been reduced to Appellate Exhibit IV.
17 DC: Yes, sir.
18

MJ: Specialist Sivits, is that your signature on Appellate
19 Exhibit IV?
20 ACC: Yes, sir.
21

MJ: And Lieutenant limpi that's your signature below his?

22 DC: Yes, sir.
125
036151

1

MJ: Specialist Sivits, did your defense counsel explain his
2 post-trial and appellate rights to you?
3 ACC: Yes, sir.
4

MJ: Do you have any questions about your post-trial and

5 appellate rights?
6 ACC: No, sir.
7

MJ: Accused and counsel, please rise. [The accused and his
8 counsel stood.]
9

Specialist Jeremy C. Sivits, this court sentences you:

10

To be reduced to the grade of Private El;
11

To be discharged with a bad-conduct discharge; and
12

To be confined for I year.

13

Please be seated. [The accused and his counsel resumed
14 their seats.]
15

May I see Appellate Exhibit III, please? [Court reporter
16 hands document to MJ.]
17

Reading the pretrial agreement, part of the pretrial
18 agreement was to refer it to this level of court, and therefore, the
19 convening authority is free to approve the adjudged sentence. I do
20 have one question though. The pretrial agreement also states,
21 Lieutenant IIIIIIIrthat the convening authority agrees to waive all
22 automatic forfeitures and direct such forfeiture be provided to

126

006152
1 support Specialist Sivits' family, understanding that when he reaches
2 his ETS, assuming--and we're going to be close, because 6 months, I
3 believe, is the maximum. When he reaches his ETS, the convening
4 authority will not be able to waive any more forfeitures. Do you

5 understand that?
6

DC: Yes, Your Honor.
7

MJ: And Specialist Sivits, do you understand that?
8

ACC: Yes, Your Honor.
9

MJ: And despite that limitation, like I told you earlier, you

10 still wanted to plead guilty and you still want the pretrial
11 agreement.
12

ACC: Yes, Your Honor.
13

MJ: So it's no misunderstanding that the waiver provision may
14 stop at your ETS.
15

ACC: No, Your Honor.
16

MJ: And the second provision here says that Specialist Sivits
17 has absolute immunity from further prosecution. So I read that, use
18 of immunity for anything related to this matter in the future.

19

DC: Yes, Your Honor.
20

MJ: So the convening authority is free to approve the adjudged
21 discharge, reduction and period of confinement. Is that the
22 understanding of the defense?

127
606153
1 DC: Yes, Your Honor.
2 MJ: Is that the understanding of the government?
3 TC: Yes, Your Honor.
4 MJ: And most importantly, Specialist Sivits, is that your
5 understanding?
6 ACC: Yes, Your Honor.
7 MJ: Any other matters to take up before this court adjourns?
8 TC: No, sir.
9 DC: No, sir.
10 MJ: This court is adjourned.
11 [The court-martial adjourned at 1625, 19 May 2004.]
12 [END OF PAGE.]

036154
120

AUTHENTICATION OF RECORD OF TRIAL in the case of
United States v Specialist SIVITS, Jeremy C.,
JS Army, Headquarters and HeadquartersCompany,16th Military Police Brigade (Airborne), III Corps, Victory Base, Iraq APO AE 09342
COL, JA Military Judge
I have examined the record of trial in the foregoing case. 2004
11111 Defense Counsel • Octel 2004 -1LT, JA

129
C66155
,oreturia¦lory,...146,4¦1.1,11
AUTIFENTICATION OF RECORD Of MA
in 016 eaSe Of
Thdted States ?;/ Siteeiayst SMITS, 4 6renlY Itig Artnir.;;Ileadquarreea and' headquarters
cattipariv:, 6di.Vittitails:Paltee
Tri'CiarVietortilitso; trait Aiko.Ar 0g342
/t(---e 'a' 09 AK
COL, JA
1'1411440 judge
076 ,e(447
2004.
loivo.ovtotinoa tho'tOotd tria lit the:foregoing:ease;
ILT.;•,3A. Dereriseetiunsel .
'
Jaffrt6v 2004.
.129,
066156
ACTION

DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

In the case of Specialist Jeremy C. Sivits,,Malf, U.S. Army, Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne), Ill Corps, Victory Base, Iraq, the sentence is approved and, except for the part of the sentence extending to bad-conduct discharge, will be executed. The automatic forfeiture of pay and allowances required by Article 58(b), UCMJ, are hereby ordered waived effective 22 May 2004, for a period of six months, with the direction that those forfeitures be paid to
the accused's wife for her personal financial:support.
THOMAS F. METZ Lieutenant General, USA Commanding
-DEC 18 2404
C66.157

PROSECUTION EXHIBITS ADMITTED INTO EVIDENCE

006158
DOD 002588
' UNITED STATES
)
)
v.
) STIPULATION OF FACT
SIVITS, Jeremy C.
))
SPC, U.S. Army, ' , )
Headquarters and Headquarters Company, )
16th Military Police Brigade (Airborne) )
III Corps,

)
16 May 2004Victory Base, Iraq, APO AE 09342 )
I.
NATURE AND USES OF THE STIPULATION:
1.
It is agreed between Specialist Jeremy C. Sivits ("the accused"), the Defense Counsel and Trial Counsel, that the following facts are true, susceptible to proof, and admissible in evidence. These facts may be considered by the military judge in determining the providence of the accused's plea of guilty; to establish the elements of all charges and specifications; and they may be considered by the sentencing authority in determining an appropriate sentence. For these purposes, the accused expressly waives any objection that he may have to the admission of these facts, and any referenced attachments, into evidence at trial under any evidentiary rule, applicable case law, or Rule for Courts-Martial that might otherwise make them inadmissible.
II. THE ACCUSED:
2.
The accused is 24 years old and was 23 years old on the date of the charged offenses. He entered active duty on 7 January 1999 and attended Light Wheel Vehicle Mechanic School at Fort Jackson, South Carolina. He completed his MOS training and was released from active duty on 29 May 1999. He was voluntarily mobilized in support of OPERATION JOINT FORGE for service in Bosnia from 4 August 2001 until 11 March 2002. His only MOS is 63B, Light Wheeled Vehicle Mechanic. The accused was activated for his current period of service in support of OPERATION ENDURING FREEDOM on 24 February 2003. The accused has a total of approximately five years and five months of service in the United States Army Reserve. As a civilian, he worked at Wal-Mart as a stocker. The accused received Geneva Convention and UCMJ
training during basic training.
3.
At the time of the charged offenses, the accused was on active duty in the United States Army. He was originally assigned to the 372d Military Police Company, 320th Military Police Battalion and arrived in Iraq on 13 May 2003. The accused is now assigned to Headquarters and Headquarters Company, 16th Military Police Brigade (Airborne). At all times relevant to the charged offenses, the accused was on active duty. This court has proper jurisdiction over the accused and the charged offenses.
PROSECUTION EXHIBIT I
146 9
OFFERED R. 14 ADMITTED R.
Stipulation of Fact — Unitt.-J States v. Sivits
III. THE INITIATION OF THE INVESTIGATION:
4.
The accused learned from the CID case file provided to his counsel that the
investigation began on 13 January 2004 when SPC IIIIIMIIIIIr slid a compact
disc containing images of detainee abuse under the office door of the criminal
investigation division CID) at Baghdad Central Confinement Facility BCCF near Abu

Ghraib, Iraq. SPC
ad received two compact discs from CPL
another soldier assigned to BCCF a few days earlier. SPC iiirhad asked for
pictures of the hardsite. SPC

Ili,downloaded the images from both discs to his
computer without looking at them. fter saving the pictures, SPC impopened the
files which included innocuous pictures of palaces in Iraq and soldiers working at the
BCCF. The images also inclincludedictures of naked detainees in forced sexual positions(Attachments 2 and 6). SPC
returned the two discs to CPL 111.11and then
burned the images to a compact disc that he anonymously provided to CID. The disc

also contained images of CPL suphaving sexual intercourse with a female soldier at BCCF. Before turning the disc over to CID, SPC In/showed some of the detainee abuse images to his roommate.
5. The CID investigation further showed that the day after SPC wislid the discunder CID's door, SPC migspoke to investigators and made a sworn statement-describing the abuse of detainees at the BCCF. In his statement, SPCIIIIW, a junior enlisted soldier, explained that he knew abusing detainees was wrong and wanted it to
stop. He did not cite any rule of law or policy of the facility; he stated that he simply "felt the pictures were morally wrong."
6.
The CID investigation further revealed that CID reviewed the disc and started questioning suspects. After questioning two of the soldiers photographed on the disc, investigators questioned the accused. The accused voluntarily waived his rights under Article 31, UCMJ, cooperated with CID once he was identified as a suspect and consented to a search of his living area. Prior to preferral of charges, the accused provided two sworn statements about his misconduct and the abuse he and other soldiers committed against detainees at the facility. CID investigators found the accused's statements to be truthful and his attitude cooperative in providing statements.
7.
Charges against the accused were preferred on 20 March 2004 and the accused unconditionally waived his right to an Article 32 hearing. As part of his pre-trial agreement, the accused assisted the Government in its investigation and prosecution of other soldiers and agreed to continue his cooperation once his case has concluded.
IV. CHARGE 1, THE SPECIFICATION — Conspiracy to Maltreat Subordinates (In Violation of Article 81, UCMJ).
8.
On or about 8 November 2003, the accused was working on a detail as a generator mechanic at BCCF. Staff Sergeant (SSG) inammurthe noncommissioned officer in charge (NCOIC) of the BCCF hard site and a Military Police officer, came by the accused's work area and asked the accused to come down to the hard site. The hard site is a section of BCCF that houses civilian internees, security internees, and
2 006160

Stipulation of Fact — Unit.,d States v. Sivits
criminal detainees in cells much ike a normal prison facility. It is a hallway with prison
cells lining the walls. SSG
told the accused that new detainees had arrived and he wanted the accused to come talk with him. The accused agreed to come down to the hard site to visit with SSG NM SSG Ilialland the accused went to the
hard site where seven detainees were located in a holding cell.
p
9. The accused asked SSG
SSG
111111.Nanted the accused to escort one of the detainees down to 1A tier. The 1A tier is a section in the hard site where detainees are kept segregated from one another in individual cells. SSG Willattoldthe accused to go 'ahead and escort one of the detainees. Following the discussion with SSGII= the accused escorted the detainee to the 1A tier. The detainee that the accuse escorted and six other detainees were tossed into a hunian pile, clothed, lying on top of one another, in the middle of the floor. All of the detainees were flex-cuffed with their hands behind their backs and sandbags on their heads. They were unarmed, restrained, and did not pose qny threat whatsoever to the accused or anyone else.
10.
The detainees were subject,to the orders of the accused and the other co­conspirators. The accused and the other co-conspirators are soldiers in the United
States Army. The detainees are subject to the orders of members of the military of the
United States under the Geneva Convention, and under the provisions of AR 190-8.

11.
The accused was told by SSG 11.111..that the detainees were ordered to be put
in isolation in Tier 1A as punishment for a riot earlier that night.

12.
Once the accused began to escort the detainee to the 1A tier of the hard site, the
accused entered into a nonverbal agreement, with, SSG

SGT), Corporal (CPL) , Specialist (SPC)
Specialist (SPC)
and Private First Class (PFC) to maltreat the detainees (su or mates), a violation of Article 93 of the Uniform Code of Military Justice. The agreement was based on the presence of personnel in the tieron or about 8 November 2003 and the participation as well as failure of the accused to
intervene or stop the maltreatment on that date. SSG was the NCOIC of the
hard site facility, CPL
as the NCOIC of 1A tier, SPC
was the NCOIC ofthe 1B tier, and SGT
as the NCO of an unrelated tier. SSG
SGT
CPL SPC
and SPC Birarare Military Police officers.
13.
While the agreement to maltreat detainees continued to exist, and while the accused remained a party to the agreement, the accused and/or at least one of his co­conspirators did maltreat the detainees for the purpose of bringing about the object of the conspiracy. In particular, the accused and/or at least one of his co-conspirators committed the following overt acts in furtherance of the conspiracy to maltreat the detainees, and for the purpose of bringing about the object of the conspiracy
a. The accused escorted a detainee to the 1A tier of the 'lard site. The tier is an open hallway with cells on each side. The tier also includes a second level of cells with small walkways on both sides that allow passersby to look down on the tier. The Iraqi detainees were pushed into a pile on top of each other to the floor in the middle of the
3 006161

Stipulation of Fact— Uniu,d States v. Sivits
hallway. The prisoners' hands were tied behind their backs with flex-cuffs and empty
sandbags covered their heads.

b.
Because the detainees were wearing flex-cuffs and were effectively blindfolded,
they posed absolutely no danger to the accused or the other soldiers.

c.
After the soldiers piled the detainees on the floor, SSG

CPL jumped on the detainees. The detainees cried out in pain as the soldiers jumped on them. SGT Walked'around the pile of detainees and deliberately stepped on their hands and feet while he was wearing military combat boots. When he stomped on the detainees' hands and feet, they,cried out in pain.
d.
SSG1111111111and CPL.', stripped the detainees of their clothing. The
accused has since been told that the act of exposing genitals in front of females and
other males is a particularly unacceptable and humiliating practice in the Arab culture.

e.
SSG land CPLIMplaced the detainees into the humiliating and
demeaning position of a naked human pyramid. Because the detainees did not speak
English, they were physically pushed and forced into these degrading positions. The

co-conspirators then began photographing, and posing for photographs with the
detainees in humiliating and degrading positions. Other co-cons Le h-

a:m-stook multiple
photographs and the accused took a single photograph at CPL

request. The
accused did not pose for any photographs but watched other co-conspirators pose for
photographs.

f. The co-conspirators thee forced the detainees to masturbaqor attempt to
masturbate in front of each other, as well as in front of male and female soldiers, the
accused did nothing to protect them. The Iraqi detainees were forced into positions to
simulate homosexual acts, fellatio, or other sexual demeaning and degrading positions.
As with the prior abuse that evening, the detainees did not speak English so SSG

and CPL - physically placed the dettinees,into thepositions. At no
time did the accused. attempt to stop the abuse or alert his chain of,comman id.

g. The accused engaged in the maltreatment by taking a photograph of CPL air posing with his knees on top of the detainees as the detainees were clothed and in a pile on the floor. The taking of this photograph was humiliating to the detainee in the photograph.
rig
h. SSG SGT CPL wig spoon" SPC mist PFC and the accused were all present for, observed the acts described above, and actions, agreed to these acts. No one ordered the accused to abuse detainees at BCCF. The accused does not believe that the other soldiers were ordered to abuse the detainees or that any member of the United States Armed Forces or other agent of the United States government, to include contract employees and employees of other government agencies directed, encouraged, or otherwise ordered the accused or his co-conspirators to abuse or maltreat these detainees. There was no legitimate or
4
C06162
I
Stipulation of Fact — Unit States v. Sivits

acceptable reason known to the accused for forcing these detainees to humiliate
themselves while being photographed by American soldiers.
j. The accused has since learned that the humiliating and sadistic acts of maltreatment and dehumanization described herein are unacceptable in any culture, but especially so in the Arab world. Homosexual acts are against Islamic law and Arab men consider it humiliating to be naked in front of others. Placing the detainees on top of one another in simulated acts of homosexuality and forcing them to, masturbate or simulate masturbation seriously violated the tenets of Islamic law and degraded the
detainees.
14.

While the abuse was occurring, CPL 1111and PFCIIIIMINoked and laughed.
SPC

smiled and wrote the word "rapeist [sic]" on a detainee's leg. While some
of the maltreatment surprised the accused, he also laughed at some of the abuse. The
accused knowingly, intentionally, and willfully participated in the acts set forth above. At
the time, the accused thought it was "funny" to see naked detainees in a human
pyramid. Some of the abusive acts also disgusted the accused. In a statement made
to CID, the accused admitted was asked if the incidents that night were wrong; he
replied, "All of them were." He added, "To be honest, it was mistreating prisoners. I
know the war; has stopped, but I know if they are POW's that is abuse of the Geneva
Convention."
15.
The agreement between the accused and his co-conspirators to maltreat and the overt acts in furtherance of that conspiracy described herein were wrongful. The accused had no legal justification or excuse for these offenses. In fact, recognizing the ille alit and deplorability of these acts, and in an attempt to keep them secret, SSG
told the accused "you did not see shit."
16. The accused did not report these crimes even though he knew he had a duty to report them. The accused knowingly, intentionally, and willfully failed to prevent or report the abuse an'd maltroatment. To the contrary, he was a willing participant in the abuse of detainees on or about 8 November 2003.
V. CHARGE II, THE SPECIFICATION — Dereliction of Duty (In violation of Article, 92, UCMJ)
17.
On or about 8 November 2003, the accused was derelict in his duties in that he failed to protect Iraqi detainees from abuse, cruelty and maltreatment. The accused was under orders from his chain of command to not harm and to take care of prisoners. The accused had a duty to treat all detainees with dignity and respect and to protectdetainees and prisoners in his presence from illegal abuse, cruelty, and maltreatment.
18.
The accused knew of his duties with respect to the detainees. The accused knew that abusing the detainees was wrong. The accused failed to protect the detainees in his presence, as was his duty, or report the abuse to superiors or the chain of
command.
5
066163
.

Stipulation of Fact Unit&a'States v. Sivits
19. The accused photographed detainee abuse and watched as other soldiers forced
Iraqi men to simulate masturbation and oral sex. He did not report this abuse in
November, December or January but once identified as a suspect, the accused
answered questions on several occasions from CID about the abuse in mid-January
2004, provided two sworn statements and allowed CID to search his living area.

VI. CHARGE III, SPECIFICATION 1 — Maltreatment of Detainee (In violation of Article 93, UCMJ)
20. On or about 8 November 2003, the accused maltreated a detainee by escorting the detainee to be positioned in a human pile on the floor and assaulted by other soldiers. As an American soldier acting as an agent of the U.S. Army, the detainee was subject to the orders of the accused, and therefore subordinate to the accused.
VII. CHARGE III, SPECIFICATION 2 — Maltreatment of Several Detainees (In violation of Article 93, UCMJ)
21.
On or about 8 November 2003, the accused maltreated several detainees by taking a picture of them while they were forced to lie in a human pile on the floor, and while another guard, CPL the NCOIC of 1A tier, kneeled on top of them. CPL WNW asked the accused to to e a photograph of him posed cradling a detainee's head in a headlock, as though he was going to punch the detainee in the head. The accused maltreated the detainee by taking the photograph. The detainees were subject to the orders of the accused as previously set forth in paragraph 10. The detainees were escorted to the hard site tier 1-A as described above in paragraphs 8 and 9. The detainees were flex-cuffed with their hands behind their backs and had sandbags over their heads. The detainees were restrained, unarmed, were not a threat to the guards, and were complying with the orders given to them by SSG..., the NCOIC of hard site facility, and CPL./1W

22.
After ordering the detainees to lie in the pile on the floor, SGTallran across the corridor and jumped on the pile of detainees. CPLININgsaid to another soldier to "come and get some," meaning to jump on the detainees. SGTallyalso ran and jumped on the detainees. When SGT jumped on the detainees, he hurt them and they cried out in pain. SGT ampwearing combat boots, then stomped on the

detainees' fingers and bare toes.
23. The co-conspirators removed the detainees' flex-cuffs. CPL 111.1.nd SSG
hen ordered the detainees to take off their clothes. Because the detainees

id not speak English, the soldiers directed the undressing with hand gestures. The
detainees were visibly uncomfortable while removing their clothing and standing in the
hallway in the nude. The accused has since learned that this was particularly
humiliating abuse in the Muslim world, a culture in which male nudity is considered
shameful and homosexual acts are a violation of Islamic Law. CPLWIliand SSG

11.1111ordered one detainee at a time to strip.
6

1

Stipulation of Fact Unit.'States v. Sivits
24. Next, CPL
nelt down by one naked detainee with a sand bag over his
head. CPL

put the detainee in to a cradled head lock, position and punched the detainee wit a closed fist and extreme force to the temple of his head. CPL
hit the detainee so hard in the temple he knocked the detainee unconscious. The accused
walked over to the detainee to make sure if he was still alive. The detainee was still
breathing. CPL wigsaid, "damn that hurt" referring to hurting his hand when he
punched the detainee.
25.
CPL impthen went to the pyramid of clothed detainees and kneeled on top of the detainees. At CPLI.trequest, the accused took a photograph of 11.11,kneeling on the human pile of etainees. SSG
then struck a detainee in the chest with a closed fist. SSG..../struck the detainee with so much force that the detainee could not breathe. While waiting on the medic to arrive, the accused assisted the detainee in catching his breath, although the accused took no action to prevent the assault on the detainee and did nothing to report the illegal assault on the detainee.
26.
CPL.. then ordered the rest of the detainees to remove their clothing.
Several detainees were seated on the floor. CPLI...and SSAII.I.Forced
other naked detainees into a seated position on the backs of the detainees seated on
the floor. CPL then forced the detainees into a human pyramid by physically
pushing them in o position. Detainees kneeled on the bottom and CPLIMMIaced
the next row on top of the first row by kneeling the second row on the backs of the first
row of detainees. SSG
and CPI
hen ordered the nude detainees to
masturbate. SSG
took his hand an placed it on the hand of the detainee and moved the detainees hand back and forth on the detainee's penis to simulate the motion of masturbating. SSG
performed this disgusting, degrading act on
several of the detainees until he had several performing the act of masturbation at the same time. While the detainees were masturbating, the soldiers, includin the accused, watched the humiliation. The humiliation was photographed by CPL
nd PFCMaalthough the accused did not take any photographs of this abuse.
27 The accused's and his co-conspirators' maltreatment of the detainees was wrongful
and without any legal justification or excuse.
VIII. ADDITIONAL INFORMATION:
28. The accused provided the following truthful answers when questioned by CID:
Q: If a member of the chain of command, including SFC Inli[ActingFirst Sergeant], or SSG..[Assistant Hardsite Wing Nightshift Supervisor], was present would the abuse have happened?
A: Hell no.
Q: Why not?
k Because the command would have slammed us. They believe in doing the right thing. If they saw this going on, there would be hell to PaY. I;
7
I I

Stipulation of Fact — Univ,1 States v. Sivits
To the accuseds knowledge, no one in his chain of command was aware of this abuse
or otherwisd endorsed these actions at BCCF.
29.
The accused now knows that: in addition to the CID criminal investigation, the Army initiated other investigations into detainee abuse at BCCF. Following SPC revelation of the abuse of detainees at BCCF, Lieutenant General Ricardo F
IRIchez, Commander, Combined Joint Task Force Seven, appointed Major General Antonio Taguba to conduct an investigation into detainee abuse at the facility. On 11 May 2004, Major General Taguba was called to testify at the Senate Armed Services Committee hearing regarding his irivestigation. Because of the high level of public interest in this case, the hearing was televised live on several cable news channels. At the hearing,
Major General Taguba stated; 'We did not find any evidence of a policy or a direct order given to these soldiers to conduct what they did." The unclassified version of the Article 15-6 Investigation conducted by MG Taguba will be admitted as a defense exhibit
during presentencing proceedings without objection from the government.
30.
Over the past two weeks, both Middle Eastern and Western media outlets have broadcast some of the attached photographs, among others of the accused and his co­conspirators' abusing detainees. The accused's and his co-conspirators' acts, as reflected in these photographs and others, have tarnished the reputation and image of the United States Armed Forces and the United States.
IX. STIPULATION TO ADMISSIBILITY OF EVIDENCE
31.
The government and the defense agree that this stipulation of fact plus attached enclosures are admissible at trial and nlay be considered by the military judge in determining the providence of the accused's pleas and in determining an appropriate
sentence.
,JA PC, USA CPT, JADefense Counsel Accused
Trial Counsel
Attachments:
1. Photograph of CPL cradling detainee (taken by SPC Sivits).
2.
Photograph of detainees masturbating.

3.

Photograph of naked detainees in human pyramid (from front).
4.

Photograph of naked detainees in human pyramid (from back).
5.

Photograph of naked detainees in human pyramid (with soldiers).
6.
Photograph of naked detainee simulating fellatio.

8

OFFICE OF THE CLERK OF COURT
US ARMY JUDICIARY
ARLINGTON, VIRGINIA 22203-1837

THE RECORD OF TRIAL HAS BEEN REVIEWED FOR RELEASE UNDER THE
PROVISIONS OF THE FREEDOM OF INFORMATION ACT. THE DOCUMENT[S]
DESCRIBED AS FOLLOWS HAS [HAVE] BEEN REMOVED FROM THIS COPY OF
THE RECORD BECAUSE THE RELEASE WOULD BE IN VIOLATION OF THE DOD
FREEDOM OF INFORMATION ACT PROGRAM, DOD 5400.7-R, EXEMPTION 6 and

7(C):
Photographic Exhibits

4
006167

CERTIFICATE

I HEREBY CERTIFY THAT I AM THE CURRENT CUSTODIAN OF THE PERSONNEL RECORDS OF SPECIALIST JEREMY C. SIVITS, HHC 16TH MP BDE (ABN) VICTORY BASE, IRAQ APO AEI 09342, AND THAT THE ATTACHEDIDERSONNEL QUALIFICATION RECORD & DA FORM 2-1 IS A TRUE AND ACCUflATE COPY AS MAINTAINED, IN ACCORDANCE WITH REGULATION,
t
IN THE SOLDIER'S RECORDS.
2LT, AG Brigade Adjutant
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•
32a. READY RESERVEOBLIGATION EXPIRATION DATE: 06 /122-
.
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b. DA FORM3726 OR 3726-1AGREEMENT EXPIRATION DATE: rp)DATE DA FORM 20B PREPARED: c. SERVICEOBLIGATION EXPIRATIONDATE: Di 22-X30 DUPLICATE DA FORM 2-1 SUBMITTED: d. MANDATORY REMOVAL FROM ACTIVE STATUS:
REPORT OF CHANGES e. RETIREMENT YEAR ENDING DATE :
//2.2-
0061:74

P..) CD .13. 01 CD ^I 03 CD
1 10 111
[12 114 15 1-17 18 119120 1 21 22 1 [23 [ 33. DATE
2 41 126 27 28 29 riCTI 31 32 133 34 35 1 36 1 37 38 39 40 41 z11 44 45
46 1 PREPARED. REVIEWEDto.
[48 1149 50 51 52 53 154 55 56 57 58 1 59 60 161 62 631 1 64 1 165 166 116 7166 1 1 69 72 1 73 -1 175117 6 [78 1 1 7 9 1 180118 1 1821 184 166 11871 88 1901 11T2 1 ?ON
34.SIGNATUR E
1A4.4)'

006175
DEFENSE EXHIBITS ADMITTED INTO EVIDENCE

UNITED STATES OF AMERICA
) )
V.
) STIPULATION OF EXPECTED
) TESTIMONY ) )SPC JEREMY C. SNITS
)
HHC, 16TH MilitaryPolice Brigade )
(Airborne), III Corps, Victory Base, Iraq

)
APO AE 09342
) 16 May 2004
It is hereby agreed by and between the Trial Counsel and Defense Counsel, with the express
consent of the Accused, that if CPT , 324 th Military Police Battalion, 336th
Military Police Battalion, 220

th Military )o ice Brigade, United States Army Reserve were
present and testifying under oath, she would testify as follows:

1. I served as the Commander of the 372" Military Police Company from October 2000 —
December 2002. During that time, SPC Jeremy Sivits served as a mechanic in our Company'smaintenance section.
2.
Throughout my tenure as Commander, SPC Sivits performed his maintenance duties in aprofessional manner.

3.
SPC Sivits volunteered to deploy with the Company to Bosnia-Herzegovnia in August 2001. As one of only three mechanics, his hard work and dedication directly contributed to mission success. When our Motor Sergeant was medically disqualified for deployment, SPC Sivits stepped-up and oversaw the Company's maintenance preparations for deployment.

4.
SPC Sivits is a reliable soldier who accomplishes every assigned task. His peers and the chain of command held SPC Sivits in high esteem, so I was surprised to learned of the allegations of prisoner mistreatment. These allegations are out of character for SPC Sivits, who conducted himself in a courteous and professional manner the entire time I knew him.

5.
I can be reached at 11111.111 Jor 703.354.11n

Je emy C. Sivits
PT, JA

SPC, U.S. Army 1LT, JATrial Counsel
Accused Defense Counsel
C
6176
DEFENSE EXHIBIT 0 FI-EY
OFFERED R. ct (p ADMITTED R. q
UNITED STATES OF AMERICA
) )V.
) STIPULATION OF EXPECTED ) TESTIMONY ) )SPC JEREMY C. SNITS
)
HHC, 16TH Military Police Brigade

)
(Airborne), III Corps, Victory Base, Iraq
)
APO AE 09342
) 14 May 2004
It is hereby agreed by and between the Trial Counsel and Defense Counsel, with the express
consent of the Accused, that if SGM

336th Military Police Battalion, 220th Military Police Brigade, United States Army Reserve, were present and testifying under oath, he
would testify as follows:
1. I have known SPC Jeremy C. Sivits continually since 2001 when his unit was preparing for
their deployment to Bosnia SF10.
2. Over the last 3 years, I have had opportunity to observe and work with SPC Sivits. At all
times, he has conducted himself in a thoroughly professional, military and respectful manner.
He volunteered to deploy to Bosnia with the 372" Military Police Company and I understand he
was instrumental in his units's success there. His entire unit has a favorable opinion of him as a

soldier and a person.
3. I know that SPC Sivits is pleading guilty to the charges against him for failing to protect detainees and for taking a photograph of another solider posing with the detainees. Based upon my personal knowledge and observations of SPC Sivits, that conduct is totally out of character
for him.
4.
As a Sergeant Major, I have observed many soldiers. In my opinion, SPC Sivits can immediately solider-on after this incident and return to being a valued member of society and the
United States Army Reserve.
eremy C. SivitsCPT, JA SPC, U.S. Army 1LT, JATrial Counsel Accused Defense Counsel 6 01
DEFENSE EXHIBIT 67 ptErJ
•
OFFERED R. q 42 ADMITTED R.
REMOVED BATES PAGES 6178 - 6224
(RECORD OF TRIAL - PVT JEREMY SIVITS)

(47 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS TO THE
CONVENING AUTHORITY WRITTEN BY FAMILY AND FRIENDS
ON BEHALF OF PVT SIVITS AND OTHER RECORDS, WHICH WERE
DETERMINED TO BE NONRESPONSIVE TO THE PLAINTIFF'S FOIA
REQUEST AND DUPLICATES OF THE DOCUMENTS LOCATED AT
BATES 5944 - 5989

7 7/1

L.

066225

APPELLATE EXHIBITS

,.I Request for Trial Before Military Judge Alone
(Article 16, UCMJ)
United States
v. SPC JEREMY C. SIVITS
1. ACCUSED
I have been informed that COL 1111111Mis the military judge detailed to the court-martial
. to which the charges and specifications pending against me have been referred for trial. After consulting with my defense counsel, I hereby request that the court be composed of the military judge alone. I make this request with full knowledge of my right to be tried by a court-martial composed of (commissioned)
I
officers (and, if I so request, enlisted personnel). 2
a. Typed Name (Last, First, Middle Initial) b. Rank c. Sigma •
d. Date Signed
., _.i.........iir„r

,...,... .aiii........ .'" r____

SIVITS, JEREMY C. SPC
14 MAY 2004
./11109-
2. DEFENSE COUNSEL
Prior to the signing of the foregoing request, I fully advised the above accused of his/her right to trial before a court-martial composed of (commissioned) I officers (and of his/her right to have such court
consist of at least one-third enlisted members not of his/her unit, upon his/her request). 2
a. Typed Name (Last, First, Middle Initial) b. Rank c. Signature d. Date Signed
11111.11.110, 1LT 14 MAY 2004
3. TRIAL COUNSEL
Argument is (not) requested.
a. Typed Name (Last, First, Middle Initial) b. Rank c. Signature d. Date Signed
1.1.1.11.1 CPT OM/ ICI MAY 2004

4. MILITARY JUDGE
The foregoing request for trial before me alone is hereby: (x one) 1
7rapproved I I disapproved 3
a. Typed Name (Last, First, Middle Initial) b. Rank c. Sign,
d. Date Signed
COL
MM.
19 MAY 2004
1.
Delete when accused is a warrant officer or enlisted member.

2.
Delete when accused is a commissioned officer or warrant officer.

3.
When request is disapproved, the basis for the denial must be put on the record. (See MCM, 1984, RCM 903(c)) ,-.

DD Form 1722, OCT 84 2
Replaces Edition of 1 Oct 69 which may be used until supply is exhausted u U 626
APPELLATE EXHIBIT
R.7
DOD 002610
UNITED STATES
)
OFFER TO PLEAD GUILTY
V. )
) )
SPC JEREMY C. SIVITS ) 30 April 2004SSN#
)
111-1C, 16m Military Police Brigade )
(Airborne), III Corps, Victory Base, 11-aq

)
APO AE 09342
)
1. I, SPC JEREMY C. SIVITS, the Accused, have examined the Charges preferred against me and all statements and documents attached thereto. After consulting with my trial defense counsel and being fully advised that I have a legal and moral right to plead not guilty to the Charges and Specifications under which I may be tried, I offer to plead guilty as follows:
To the Specification of Charge I: Guilty, excepting the words, "the said Specialist Sivits took a photograph of and substituting therefore the words, "that a photograph be taken
of
To the excepted words: Not Guilty.
To the substituted words: Guilty.
To Charge I: Guilty.
To the Specification of Charge II and Charge II: Guilty.
To the Specifications of Charge III and Charge III: Guilty
2. I offer to plead to the Charges as stated above, provided that the Convening Authority will take the action set forth in Appendix A and agrees to direct the Trial Counsel to move the Court to amend the specifications to conform with the pleas. There are no other promises, conditions, or understandings regarding my proposed pleas of guilty that are not contained in this offer and
the quantum at Appendix A.
3. As part of this offer, I also agree to the following:
a.
I agree to enter into a written stipulation of fact correctly describing those offenses to which I am offering to plead guilty. I further agree that this stipulation may be used by the Military Judge during the guilty plea inquiry and in adjudging an appropriate sentence. If my plea is not accepted, this offer to stipulate is null and void.

b.
I agree to waive all motions I may have except for those listed in Rule for Courts-Martial (ft, .C.M.) 907(b)(1). The motions I agree to waive include, but are not limited to, motions for appropriate relief in the nature of Article 13, UCMJ pretrial punishment, R.C.M. 305 illegal pretrial confinement, multiplicity, and unreasonable multiplication of charges.

0 66227
APPELLATE gXHIBIT
c3
c.
I unconditionally agree to waive an investigation under Article 32, UCMJ.

d.
To the best of my ability, I agree to cooperate full with the Trial Counsel in the investigations and prosecutions of Staff Ser eant , SergeantCorporal S • ecialist Specialist and

Private First Class Specifically, the term "cooperate ully" as used herein shall mean: (a) the full disclosure to the Trial Counsel (whether by sworn statement or otherwise) of all facts, rumors, conversations and documentary evidence known by me and relating to the treatment, maltreatment and/or alleged abuse of detainees/prisoners at Baghdad Central Correctional Facility, Abu Ghraib, Iraq; (b) the identification of those aforesaid soldiers in digital photographs on compact disc titled "CPU Exam" in the "Abu" Criminal Investigation Division file; (c) personally testifying at all such Article 32 investigations, court-martials and/or evidentiary hearings relative to the investigation and prosecution of Staff Sergeant...,
Sergeant Corporal , Specialist 11111111111/Specialist and Private First Clas
4.
If, before or during trial, any specification is amended, consolidated or dismissed with my consent and the mutual consent of the trial counsel, this agreement will remain in effect.

5.
I understand that this agreement will be automatically canceled upon the happening of any of the following events:

a.
I fail to enter into and sign a stipulation of fact or the stipulation of fact is modified at any time without the consent of both myself and the trial counsel;

b.
The withdrawal by either party, for any reason whatsoever, from this agreement prior to the acceptance of my plea of guilty by the military judge;

c.
My failure to plead guilty and waive motions as agreed herein;

d.
The refusal of the military judge to accept my plea of guilty or the changing of my guilty plea b the judge during the trial.

1LT, JA Trial Defense Counsel MEY C. SNITS SPC, USA Accused
The foregoing is•(accepted) (n ¦c/hAir DATE l) 74-6 THOMAS F. MET LTG, USA Commanding
C06228

UNITED STATES

V.
SPC JE SSN# HHC, 16 ' Military Police Brigade (Airborne), III Corps, Victory Base, Iraq APO AE 09342 +) ) ) ) ) APPENDIX A (Quantum)? 30 April 2004

1. I, SPC JEREMY C. SIVITS, offer to plead guilty to the Charges and Specifications as stated in my Offer to Plead Guilty provided that:
a.. The Convening Authority will refenthis case to a Bad Conduct Discharge court partial; agree to disapprove all adjudged forfeitures and to waive aft automatic forfeitures and direct that any such forfeitures be provided to support my family and provide SPC Sivits with absolute immunity from further prosecution in or relating to this matter.
b. Subject only to the conditions set out above, any other lawfully adjudged punishment may be approved.
1 The Offer to Plead Guilty, together with this Appendix constitutes the entire agreement between the Accused and the Convening Authority.
-oremy SNITS 1LT, JA SPC, USA Trial Defense Counsel Accused
The offer to plead guilty dated 30 April 2004 and Appendix A (Quantum) is (accepted) (=it_ ate:
/71.11.67-
DATE THOMAS F. METZ LTG, USA Commanding
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APPELLATE EXHIBIT ID:
,e,s-3
UNITED STATES )
) POST-TRIAL AND
v. ) APPELLATE RIGHTS
SIVITS,JEREMY C. ) )
SPC, U.S Army, .1111111E111111 HHC, 16th Military Police Brigade . (Airborne), Ill Corps, Victory Base, Iraq APO AE 09342 ) ) ) ) 28 April 2004

I, SPC JEREMY C. SIVITS, 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 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 any pretrial agreement), 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 for legal 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 before the convening authority takes action. If I have matters that I wish the convening authority to consider, or matters in response to the Staff Judge Advocate's recommendation, such matters must be submitted within 10 days after I or my counsel receive a copy of the record of trial or I and/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 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 (ACCA). 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 Army Court of Criminal Appeals completes its review, I may request that my case be reviewed by the Court of Appeals for the Armed Forces (CAAF). If my case is reviewed by that Court, I may request review by the Supreme Court of the United
APPELLATE
R. t
Post-Trial and Appellate reights — United States v. SivitscLasJ
meD
States. I would have the same rights to counsel before those courts as I have before
ACCA.
6.
If neither a punitive discharge nor confinement for a year or more is approved, 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 apOropriate. This mandatory review under Article 69(a), UCMJ, will constitute the final review of my case unless TJAG directs review by ACCA.

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 offense, error prejudicial to
my substantial rights, or the appropriateness of the sentence.
8. I have read and had my post-trial rights explained to me by counsel and I
acknowledge. these rights and make the elections set for below.

(Please initial whereappropriate.)
iZS
a. l understand my post-trial and appellate review rights.
ould like a copy of the record of trial served on my-eivilian-sounsek mymilit aRel-myself.
SGS c. My defense counsel, 1LT
will submit R.C.M. 1105
matters in my case!
TCS d. I want to be represented before the Army Court of Criminal Appeals by Appellate Defense 'Counsel appointed by The Judge Advocate General of the Army. I understand that I may contact my Appellate Defense Counsel by writing to: USALSA, Defense Appellate Division, 901 North Stuart Street, Arlington, VA 22203.
e. I hav been informed that I have the right to retain civilian counsel at my
own expense.
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Post-Trial and Appellate R,111 s — United States v. Sivits«Last 04-6me»
9. Pending appellate action on my case, I can be contacted, or a message may be left for me, at the following address: Name: Jeremy C. Sivits Street: 1.1.11.11.11111 City, State, Zip: iiimingig
Area Code & Telephone: MIMIIIMIIr Email Address:
1111111111111¦Ril
Permanent address (if different from above): SAME
Name:
Street:

City, State, Zip:
Area Code & Telephone:

Email Address:
28 April 2004
I certify that I have advised SPC Jeremy C. Sivits regarding the post-trial and appellate rights as set forth above, that he has received a copy of this document, and that he has Made elections concerning appellate counsel.
28 April 2004
11.1111b11.1r 1LT, JA Defense Counsel
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