Court-Martial: Lance Corporal Ryan S. Roberts (Summarized Record of Trial Included)

Court Martial of LCPL Ryan S. Roberts. LCPL Roberts was charged with dereliction of duty; maltreatment of a prisoner; and holding a pistol to the head of a detainee while being photographed. He pleaded guilty to all charges and received a sentence of: Reduction to pay grade E-1; Forfeit of $500 pay per month for three (3) months; and confinement for 90 days.

Doc_type: 
Court-Martial
Doc_date: 
Wednesday, August 4, 2004
Doc_rel_date: 
Wednesday, June 14, 2006
Doc_text: 

UNITED mass MARINE CORPS
LEGAL SERVICES SUPPORT SECTION
1ST FORCE SERVICE SUPPORT GROUP
BOX 555607
CAMP PENDLETON, CALIFORNIA 9205S-5607

*** ****************************************** *** ***** ******************
UNITED STATES )

)

V. ) SPECIAL COURT-MARTIAL

pnRRPTA. Rvan S. ) ) JUDGE ADVOCATE REVIEW
)

(b)6

Lance Corporal )

U.S. Marine Corps )

AUG *0 4 2C04)
Date of trial: 7 January 2003 Date:

)

I. Pursuant to Article 64(a), Uniform Code of Military Justice and
Rule for Courts-Martial 1112, Manual for Courts-Martial (2002 Ed.),
I have reviewed this case and concluded that:

a. The court-Martial had jurisdiction over the accused;
b. The court-martial had jurisdiction over each offense as to which there is a finding of guilty which has not been disapproved;

c.
Each specification, in which a finding of guilty was not
disapproved, stated an offense; and,

d.
l*aentence as adjudged and approved was legal.

2. The accused submitted no matters that require response pursuant to
Rule for Courts-Martial 1112(d)(2).

aptax

U.S. Marine Corps

%:am

tZ3ndge Advocate

DISTRIBUTION:
CO, 3dBn, 7thMar, lstMarDiv (Rein)
Acc
Left hand side of accused's SRB
File

DOD JUNE 496
SUMMARIZED

RECORD 0 F TRIAL

(and accompanying papers)

of
Lepl/E-3 ROBERTS, Ryan S. (b)6
MCAGCC

USMC

3dBn, 7thMar Twentynine Palms, CA

lstMarDiv (REIN), FMF

By

SPECIAL COURT-MARTIAL

Convened by Commanding Officer

3d Battalion, 7th Marines
1st Marine Division (REIN), FMF
Marine Corps Air Ground Combat Center
Twentynine Palms, California 92278-8263

Tried at
Twentynine Palms, California, on 7 January 2004

DOD JUNE 497

.

.

UNITED STATES NAMINE CORPS
Office of the Staff Judge Advocate
Defense'Section
Box 788103
Mrine Corps Air Ground Combat Center
Twentynine Palms, California 92278

5800
17/5
12 Nov 03

From: Lance Corporal Ryan S. Roberts, 66 IUSMC
To: Commanding Officer, 3rd Battalion 7th Marines
_Via: Trial Counsel

Subj: WAIVER OF RIGHT TO ARTICLE 32 HEARING

Ref: (a) Chg sheet dtd 30 Oct 03

(b) R.C.M. 405, M.C.M. 2002

..,^0e

2. I am aware of the ch mmainst me contained.in reference (a). My

'

defense counsel, Captain(bm USMCR, a lawyer certified in accordance with Article 27 (b) UCM0, has aov.I.sed me that the charges have been referred to an investigation in.accordance with reference (b).
2.
I understand that have the right to.a formal investigation into the
charges and specificatIons, and the right'to representation by counsel at the
investigation. I have discussed my rights with my defense counsel and I am
satisfied with his advice.

3.
I understand the purpose of an Article 32 pretrial investigation, and I am aware 'of the evidence aVailable t6 the government to prove the charges and the existence of any possible defenses.

4.
/ hereby voluntarily waive my right to an investigation in accordance with the reference, understanding full well that my waiver may subject me to a trial by general court-martial for.all the charges preferred against me.

4001.40//
'1111161R4g,

RYAg S:=1ERTS EDWARD C. MI IbirrLL

-

Accused Detailed Defense Counsel Lance Corporal, USMC Captain, USMCR-
D OD jtrin
498
DOD055264

SUMMARIZED

RECORD 0 F TRIAL

(and accompanying papers)

of

(Wm LCp1/E-3

ROBERTS, Ryan S.

MCAGCC

USMC

3dBn, 7thMar

Twentynine Palma, CA

lstMarDiv (REIN), FMF.

By

Special Court-Martial
Convened by Commanding Officer
3d Battalion, 7th Marines

lst Marine Division (REIN), FmF
Marine Corps Air Ground Combat Center
Twentynine Palms, California 92278-82.63
Tried at
Twentynine Palms, California, on 7 January 2004

COPIES OF RECORD

copy of record furnished the accused or defense counsel as
per attached certificate or receipt.

copy (ies) of record forwarded herewith.

RECEIPT FOR COPY OF RECORD

I hereby acknowledge receipt of a copy of the record of trial in
the case of United States v. lance Corporal Ryan S. Roberts, U.S.
Marine Corps, delivered to me at

this day
of

LCp1 R. S. Roberts, USMC

Capt E. C. Mitchell, USMC for

DOD JUNE 500
PROCEEDINGS OF A SPECIAL COURT-MARTIAL

The military judge called the Article 39(a) session to order
at Marine Corps Air Ground Combat Center, Twentynine Palms,
California, .in the case of the United States v. Lance Corporal
Ryan S. Roberts, U.S. Marine Corps, at 1011, 7 January 2004,
pursuant to the following order:

1
DOD JUNE

5 01

DOD055267
•.•

UNITED STATES MARINE CORPS
3d Battalion. 7th Marines
1dt Madnel3hislon OWN, FW
Marine Corps At Oreand Combat Cwder
Twentynint Palm CalHornia 9227h-3263

mAy.tm
5800
S-1
30 Oct 03
SPCMCO #1-03

Pursuant to the authority in Article 23(a), Uniform Code of
Military Justice and JAGMAN 0120b, a special court-martial is
hereby convened to try any case brought before it. It shall meet
at Marine Corps Air Ground Combat Center, Twentynine Palms, CA.,
unless otherwise directed. The special court-martial will be
consituted as follows:

MEMBERS
Captain B. E. Mills, U. S. Marine Corps, President
First Lieutenant A. J. Condo, U. S. Marine Corps;
First Lieutenant R. G. Salcido, U. S. Marine Corps;
First Lieutenant D. B. Neal, U. S. Marine Corps;
First Lieutenant T. A. O'Neil, U. S. Marine Corps;

‘\-5474-n

M.A.LOE
Lieutenant Colonel, U. S. Marine Corps
Commanding

CERT ED TO B COPY

B.E. KASPRZYK CAPT USMC
DOD JUNE. 5 02
PERSONS PRESENT

Lieutenant Colonel F. A. Delzompo, U.S. Marine Corps, MILITARY

JUDGE; Captain B. E. Kasprzyk, U.S. Marine Corps, TRIAL COUNSEL; Captain E. C. Mitchell, U.S. Marine Corps, DEFENSE COUNSEL.
PERSONS ABSENT

MEMBERS .
Lance Corporal Ryan S. Roberts, U.S. Marine Corps, the accused,
was present and attired in the appropriate service uniform with
all decorations and awards to which he was entitled.

Staff Sergeant J. J. Silvas, U.S. Marine Corps, the detailed court
reporter who had been previously sworn, was present.

The trial counsel announced his legal qualifications and status as
to oath; that he had been detailed by the Military Justice
Officer, Marine Air Ground Task Force Training Command, Twentynine
Palms, California; and that he had acted in no disqualifying
capacity.

The detailed defense counsel announced his legal qualifications
and status as to oath; that he had been detailed by the Senior
Defense Counsel, Marine Air Ground Task Force Training Command,
Twentynine Palms, California; that he had acted in no
disqualifying capacity; and that no other defense counsel had been
detailed to the case.

The military judge advised the accused of his rights concerning

counsel.

The accused stated that he understood his rights with respect to
counsel and that he chose to be defended solely by Captain
Mitchell, his detailed defense counsel.

The military judge stated his legal qualifications and status as
to oath and that he had been detailed by the Circuit Military

Judge of the Sierra Judicial Circuit, Navy-Marine Corps Trial

Judiciary. The prosecution and the accused were extended the

right to challenge the military judge for cause. The military

judge was not challenged for cause.

The military judge ascertained that the accused had been advised

of his right to request trial by military judge alone and that the

accused did desire to request trial by military judge alone.

2
DOD JUNE

5 03

DOD055269
After ascertaining that the accused had consulted with his defense
counsel and had been informed of his right to request a trial by
members, including one-third enlisted persons, the military judge
approved the accused's request for trial by military judge alone.

The military judge announced that the court-martial was assembled.

The accused was arraigned on the following charges and
specifications:

3
DOD JUNE
5 04
DOD055270
CHARGE SHEET
I. PERSONAL DATA
2..SSN 3. GRADE OR RANK 4. PAY
1..NAME OF ACCUSED (Last. First, MI)
LCal GRADE
Roberts, Ryan S.
(b)(6)
6. CURRENT SERVICE
5. UNIT OR ORGANIZATION
3d Battalion, 7th Marines, 1`t Marine Division (Rein)FMF
a. INITIAL DATE Ec. b. TERM
Marine Corps Air Ground Combat Center,
24-.Sept4999-4 years
Twentynine Palms, California 92278
t 3 kluarc..s., Zcsea
8, NATURE OF RESTRAINT OF 9..DATE (S) IMPOSED
7. PAY PER MONTH
a. BASIC b. SEA/FOREIGN DUTY c. TOTAL ACCUSED
$1528.80 N/A $1528.80 N/A N/A
ti. CHARGES AND SPECIFICATIONS
CHARGE I: VIOLATION OF UCMJ, ARTICLE 92
in that Lance Corporal Ryan S. Roberts, U.S. Marine Corps, while on active duty, who knew of his duties at or
Specificatic). near Karbala. Ira°. on or about 15 May 2003, was derelict in the performance of those duties in that he willfully failed to properly guard I (b)(7)(c).an enemy prisoner of war, and to afatea4-141FR4Fam-Raaltreatzront, AS 17 1-W HIS' kap/ TD ha avo. A esagh itcrokii ,.3 h; fh.e... CHARGE II: VIOLATION OF UCMJ, ARTICLE 93
Specification: In that Lance Corporal Rvan S. Roberts, U,S Marine Corps, while on active duty, did, at or near Karbala, Iraq, on or about 15 May 2003, maltreat (b)m(c)., a person subject to his orders, by yelling at him, throwing water on him, and holding a loaded pistol to his heaa while a pnotograph was taken.
CHARGE III: VIOLATION OF UCMJ, ARTICLE 128
Specification 1: In that Lance Corporal Ryan S. Roberts, U.S. Marine Corps, while on active duty, did, at or near Karbala, Iraq,
ion or about 15 May 2003. unlawfully throw water on (b)(7)(c) . .
SEE SUPPLEMENTAL PAGE . PREFERRAL
112. NAME OF ACCUSER (Last, First, MI) b. GRADE c. ORGANIZATION OF ACCUSER
Castillo, Eric Sgt HqBn, MCAGCC, 29 Palms, CA 92278
c. SIGNATUI:c OF ACCUSER.C. is..DATE
.-.14) llr 11, be r ae)c.3
/ / /
AFFIDAVIT: Before me, th&nelersigpted, authorized by law to administer oaths in cases of this character, personally appeared the above named accuser this..3oril.day of eactruge4., 2003, and signed the foregoing charges and specifications under oath that he is a person subject to the Uniform Code of Military Justice and that he either has personal knowledge of or has investigated the matters set forth therein and that the same aare true to the best of his knowledge and
belief.
P. S. Rubin. HqBn, MCAGCC, 29 Palms, CA 92278
Typed Name of Officer. Organization of Officer
Major. Judge Advocate
Grade. Official Capacity to Administer Oath (See R.C.M 307(b)- musf be commissioned officer)
Z./71-317 s_.
Signature

-
DOD J'UNE
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DOD055271
2...
, the accused was inforrnaf the charges against him/her and of the
Orr .30 C)C-T OWc .b-S .lame(s) of the accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
3rd Bn, 7thMar, 111MarDiv(Rein),FMFW. W. Mai.
Organization of Immediate CommanderTyped Name of Immediate Commander.
Second Lieutenant
Grade
ignature
MARTIAL CONVENING AUTHORITY
V. RECEIPT BY SUMMARY COURT­
13.
at 3rd Bn, 7th Mar,imMarDiv(Rein), FMF
The swom charges were received at 1(.030 hours, SO occ 20 n...5
Designation of Command or
Officer Exercising Summary Court-Martial Jurisdiction (See R.C.M. 403
For The 1 .Commanding Officer Legal Officer
VV. W. Mai
Official Capacity of Officer SigningTyped Name of Officer
Second Lieutenant
"N.\ G

ignature
V. REFERRAL; SERVICE OF CHARGES Nov Os
14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY.b PLACE c. DATE.3rd )3n. 7thMar. 1st MarDiv1Reirt) PMF.Twentvnine Palms. CA
Referred for trial to the .Sp ec I al .court-martial convened by SPCMCO# 1-03
2
dated‘30 oct ober20 03 subject to the following instructions: None.
. By 11111111111111111111111111111111111111 .of . Command or Order
Commanding Officer

M. A. Lopez
Official Capacity of Officer SigningTyped Name of Officer
Lieutenant Colonel
Grade
/i7
Signature
15.
On / 4/5,L•telin,4eed" ., 20 G43. served a copy hereof on feash -c4) the above named accused.

,e.gsdeezy 62.1,,,77/4/
Grade or Rank of Trial CounselTyped Name of Trial Counsel.
AAR.Al In . EDMON OF OCT 89 IS OBSOLETE.
.
DOD JUNE
5 06
DOD055272
46
SUPPLEMENTAL PAGE
Specification 2: in that Lance Corporal Ryan S. Roberts, U.S. Marine Caps, while on active duty, did, at or near Karbala, Iraq, on or about 15 May 2003, commit an assault upon Najabe AI-Shami, by pointing at him with a dangerous weapon, to wit: a loaded firearm.
C.
DD FORM 458 , 84 AUG. EDITION OF OCT 69 IS OBSOLETE.
.
DOD JUNE 5 07
The military judge summarized an 802 conference in which a

discussion was held concerning specifications under Charge I.

The trial counsel made a correction to Specification 2 of

Charge III.

The defense had no motions to present.

The accused, through his counsel, entered the following pleas:

To all Charges and
Specifications thereunder: Guilty.

The military judge inquired into the providence of the accused's
pleas of guilty. The military judge informed the accused of his
right to plead not guilty and to be tried by a court-martial and
that at such court-martial the accused would have the right to
confront the witnesses against him and the right against
self-incrimination; that by pleading guilty the accused waived his
rights to a trial of the offenses, to confront the witnesses
against him, and_his right against self-incrimination; and that
the military judge would question the accused about the offenses
to which the accused pleaded guilty and that if the accused
answered those questions under oath, his answers, if false, could
be used against the accused in a prosecution for perjury or false
statement. The accused stated that he understood these rights and
desired to waive them for the offenses to which he was pleading
guilty.

The military judge ascertained that the accused had enough time to
discuss his case with his counsel and that he was satisfied with
the advice his counsel had given him.

The military judge questioned the accused and determined that the
pleas of guilty were made voluntarily and were not the result of
force or threat. The military judge informed the accused of the
elements of the offenses and the maximum punishment which could be
imposed for the offenses. The accused stated that he understood.

The trial counsel indicated that there was not a stipulation of

fact in the case.

The military judge asked the accused about the offenses to which
the accused pleaded guilty. Under oath, the accused testified

substantially as follows:

(b)(7)(c)
was in our possession because he surrendered A

to us. I went and got a camera and took a picture with my 42,aceed,/

4
DOD JUNE

508

DOD055274
nine-millimeter to his head. Before I started to leave, he
started to complain about water. I threw water on him and raised
my voice yelling at him. This all happened in a town in Iraq
called Karbala during Operation Iraqi Freedom.

I was a member of 3/7 at the time. I was the Corporal of the
Guard during the date of the events. The Sergeant of the Guard
informed me that there was a EPW and that I may be required to
provide Marines to guard. I did have a duty to guard EPWs on 15
May 2003. My duty as the Corporal of the Guard was to supervise
the Marines on the guard as they performed their duties. I
understand that Mr.03)(7)(c) was an enemy prisoner of war at the
time he came into the camp. I admit that he was entitled to EPW
status and protection at the time. My duties as the Corporal of
the Guard was to ensure that he was treated properly, guarded
properly, and protected from maltreatment. I'm certain thaq I'm
aware of the duty on 15 May 2003. I knew I was not suppose4to e_
mistreat prisoners of war.

I did all the maltreatments as alleged to Mr.OWX0 At
the time, he was flexicuffed and sitting at the corner of the
warehouse. He was not in uniform at the time and he did not have
a weapon, but nonetheless, I knew he was an enemy prisoner of war.
I yelled at him because he was complaining about water. Instead
of allowing him to drink, I took the water and threw it on him.

I went and got my camera, came back, took him out of his
corner, pulled out my weapon, took a picture, and then put him
back in his corner. This happened before the yelling and throwing
water at him occurred. I was in my uniform at the time. I was
the only person that maltreated him. I realized I was doing
something that was wrongful. I do not have any legal
justification or excuse for my conduct, and nothing forced me to
do it. This was a conscious and freely made decision on my part.
I believe what I did constitutes dereliction of duty. My acts
were willful and intentional. I'm satisfied that I'm guilty under
Charge I. I do not have any reason that I should not be found
guilty of this offense.

The military judge made a correction on the charge sheet and

ascertained that there are no objections from both counsels.

The military judge ascertained that the defense counsel knew
to be an EPW.

Mr-W7X0

The military judge ascertained that Mr.on(c) was, in fact

subjected to the accused's orders on that particular day.

5
DOD ,TuNE

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DOD055275
I did, in fact, maltreatel. Mr. kwvA0 by yelling at him and
throwing water on him, put a loaded pistol to his head while the
photograph was taken. I do not have any legal justification or
excuse for my actions. I am sure that I had a loaded magazine
inserted into the weapon. There's nothing that caused me to treat
Mr.opmc) in this fashion. I did so because I was upset that
he was complaining about the water situation. I took the picture
because I want to keep it as a souvenir. I don't have any lawful
reasons for my actions. I am satisfied that I am guilty as
a/leged under Charge II. I do not have any reason that I should
not be found guilty of Charge II.

I believed that by throwing water at Mr. (b)(7)(c) , he would
get offended by me doing that. He did not consent to my actions.
I did not have legal justification or excuse for doing so. I
admit that it was unlawful. I am satisfied that I am guilty under
Specification 1 of Charge III. I do not have any reason that I
should not be found guilty.

Two Marines and I were there in uniform with weapons and Mr.

(b)(7)(c).was there seated with his hands behind his back: I squatteu him down, pulled my pistol out of my holster, and put it to his head. He was aware of it. I did so intentionally. I knew what I was doing. I believed that by doing that, I would scare him. I do not have any legal justification or excuse for putting that pistol to his head. I admit my conduct was unlawful. I believe that there was a concern for him that there was a possibility that I will shoot him. I understand that this weapon, a loaded firearm, was used in a manner likely to produce death or grievous bodily harm. I am satisfied that I am guilty as allegedunder Specification 2 of Charge III. I do not have any reason that I should not be found guilty.
The military judge ascertained that there was a pretrial agreement

in the case which had been marked as Appellate Exhibit I.

The military judge inquired into all but the sentence provisions
of the pretrial agreement, which had been marked as Appellate
Exhibit II, and ensured that the accused understood the pretrial
agreement and that the parties agreed to its terms.

The military judge found the pretrial agreement to be in accord
with appellate case law, not contrary to public policy or his own
notions of fairness; and he accepted the agreement.

The military judge found that the accused knowingly,
intelligently, and consciously waived his rights against
self-incrimination, to a trial of the facts by a court-martial,

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DOD JUNE

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DOD055276
and his right to confront the witnesses against him. The military
judge found the accused's pleas were made voluntarily and with a
factual basis, and he accepted them.

The military judge ascertained from the trial counsel that the
government moved to withdraw and dismiss without prejudice the
charges and specifications to which the accused pled not guilty,
such dismissal to ripen into prejudice upon the continued
acceptance of the accused's pleas through sentencing. There was
no objection from the defense.

The military judge announced the following findings:

Of all Charges and
Specifications before
the court: Guilty.

The military judge announced that Charge and Charge II were
multiplicious and would be considered as one offense for
sentencing purposes:

The military judge ascertained that the data as to pay, service,
and restraint of the accused as shown on the charge sheet was
correct.

The trial counsel requested that the matters addressed during the
providence inquiry be considered on sentencing. The defense did
not object. The military judge stated that he would consider
those matters.

The military judge advised the accused of his right to present
matters in extenuation and mitigation, including his right to make
a sworn or an unsworn statement or to remain silent. In response
to the military judge, the accused stated that he understood his
rights in extenuation and mitigation.

The trial counsel offered Prosecution Exhibits 1 and 2 for
identification without objection from the defense. Prosecution
Exhibits 1 and 2 for identification were admitted into evidence as
Prosecution Exhibits 1 and 2.

The trial counsel had nothing further to present in aggravation.

The defense counsel offered Defense Exhibits Alpha, Bravo, and

Charlie for identification. The prosecution had an objection on

the disposable income of Defense Exhibit Charlie, which states a

conclusion. The military judge overruled the objection, and

admitted into evidence Defense Exhibits Alpha, Bravo, and Charlie

7

DOD JUNE

511

for identification as Defense Exhibits Alpha, Bravo, and Charlie.

United States Marine Corps Reserve, was
called as a witness by the defense, was sworn, and testified
substantially as follows:

DIRECT EXAMINATION

Questions by the defense:

I am currently a defense counsel assigned to the Marine Corps
Air Ground Combat Center, Marine Air Ground Task Force Training
Command, Twentynine Palms, California.

I have been on active duty in the Marine Corps for approximately three years. /'ve also held the billet of prosecutor. In January of 2003, I deployed to Operation Iraqi Freedom and served as a Staff Judge Advocate to the Military Governor of Karbala in Iraq. While I was there, my chief duties was as the legal advisor to the military governor of the city. I have knowledge of the accused, but don't remember the exact date.
I recall while in Karbala one ni ht I was called to the
attention of the commanding officer,
who told me that it was brought to his attention that there was
some allegations of mistreatment of an enemy prisoner of war. He
was asking for my advice on how to proceed with the investigation.

My role in the proceedings that occurred was to oversee the investigation and make sure things were done right. A thorough investigation was done by the command because of the potential for t-hip to he an international incident. My knowledge as towx0
(b)(7)(c).was that he was alleged to have been an Iraqi
Intelligence Service Agent.

Questions by the prosecution:

I did have interactions with the accused during the investigation. / did have an opportunity to observe the accused's conduct during the time. We read him his rights and he waived them. He told u the whole sto and we continued with the investigation. was extremely cooperativy
during the investigation.

The witness was excused and withdrew from the courtroom.

States Marine .
Corps, was called as a witness y e a nse, was sworn, and

a
DOD JUNE

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DOD055278
testified substantially as follows:

Questions by the defense:

I have been in the Marine Corps for sixteen years. My
current billet is NBC Defense Officer for 3d battalion,
7th Marines. I came into the Marine Corps at 1987 with 1st
Battalion, 2nd Marines until October of 1994; went through
2nd FSSG as a group inspector; after one year, we started up CBIRF
team leader; from there, went to be the staff NCOIC of the NBC
section at 8th Motor Transport Battalion; from there, NBC Chief
for the 31st MEU; from there, 6th Marines as the NBC Defense
Chief; and then joined 3d battalion, 7th Marines after TBS and NBC
school in August 2000, each of them were leadership billets.

Lance Corporal Roberts is a member of 3d Battalion,
7th Marines. I first.met him in August 2000. I observed Lance
Corporal Roberts for the last six months since September 2003.
Over the last six months, except for the two leave periods, we've
been working over ten hours a day. He was a member of the
security detachment with the log train. His duties after he came
back from the war-was NBC defense specialist. His performance has
been outstanding. His attitude towards Marine Corps is
fifty-fifty because of this court-martial. He has no problem with
military superiors. My opinion of his military character was
based upon his work ethics, dependability, motiviption, efficiency,
military appearance, professionalism, military curtesy, bearing.
My opinion for him is that he is a NBC defense dPecialist and a
good Marine when he works around me.

CROSS-EXAMINATION

Questions by the prosecution:

I understand all of the crimes he's admitted here today. I
know that he was derelict in the performance of his duties and
that he failed to avoid maltreating another human being, but for
me, he is still a good Marine.

The witness was excused and withdrew from the courtroom.

UNSWORN STATEMENT

T WAR born in (WM

was recruiteo. my family moves around all the time Decause my
parents were separated and they would get into arguments with each
other. I get along with everyone. I went to Stroudsburg High

9

DOD JUNE 513

DOD055279
School, but I didn't enjoy that experience because I was poor.

My plans after high school was to join the Marine Corps. I
choose to join the Marine Corps for all the skills I needed in the
future. I joined the Marine Corps on September 21, 2999. I did
very well in boot camp. The drill instructors thought I was a
natural leader so they put me as a squad leader for 3rd squad, and
then I graduated boot camp with meritorious PFC. We missed a lot
of things in MCT due to weather and I was kind of upset about
that.

My current MOS is 5700, NBC defense training. I was a supply
warehouse clerk before that and worked as the warehouse chief at
3/7 supply. My MOS was changed while I was at Kuwait when I
reenlisted. I enjoy my current MOS. My feelings towards the
Marine Corps was that I like everything about it. My plans for
the future before the incident.was to go to NBC school and after
that I was hoping to go to CBIRF. I just want to learn the skills
from the NBC field before I get out of Marine Corps.

I deployed to the Middle East for about nine months. Some of
the experience during this deployment was sandstorms, cold,
hunger, my supply boss stepped on a land mine and blew up,
civilians being shot, and driving an aMbulance truck to check
bodies all aver the places.

feel sorry for what I've done. I didn't mean to harm Mr e(b)(7)(c) I want to stay in the Marine Corps to go to NBC school ana go back to Iraq. I've been doing very well in my job. • I've been married for 3 years now and I have one son. my wife doesn't have a job. I am the only person who financially takes care of my wife and son.
The defense had nothing further to present.

The trial counsel had nothing to present in rebuttal.
The trial counsel presented argument on sentence.

The defense counsel presented argument on Sentence.
ei-Ir 1:Se military judge announced the following sentence:
f\ 001'4
(! To be reduced to the pay grade of R-1, to forfeit $500 pay per month for a period of 3 months, and to be confined for a pariod of 90 days.

10
DOD jtiNE
514
The military judge examined Appellate Exhibit II, the sentencing

limitation provisions of the pretrial agreement. The military

judge ensured that the accused understood its meaning and effect
on the sentence adjudged and that both sides agreed with the
military judge's interpretation.

The military judge stated that he continued to find the pretrial
agreement to be in accord with appellate case law, not contrary to
public policy or his own notion of fairness; and he accepted
agreement.

The military judge ascertained that the accused had read and
discussed Appellate Exhibit III, his appellate rights, with his
defense counsel. The military judge further ascertained that the
accused understood his appellate rights and did not have any
questions of the military judge.

The military judge ascertained that the accused desired that his
copy of the record of trial be served on his defense counsel,
Captain (b0)

The court-martial- adjourned at 1423, 7 January 2004.

11
DOD JUNE 515

AUTHENTICATION OF THE RECORD OF TRIAL

in the case of

Lance Corporal Ryan S. Roberts, (b)(6) U.S. Marine
Corps, 3d Battalion, 7th Marines, 1st Marine Division (REIN), Fre,
located at Marine Corps Air Ground Combat Center, Twentynine
Palms, California.

F. 4 PO
Lieute t Colonel, U.S. Marine Corps
Military Judge

/ .

2.5r-20.4 0 y
Date

The record of trial in the foregoing case was not examined by the
trial counsel due-to the trial counsel's participation in
deployment operations in support of Operation Iraqi Freedom II.

_ ,z4amined the record of trial in the foregoing case.

E. . MIT
Captain, U.S. Marine Corps
Defense Counsel

4i) Not
a e

12

DOD JUNE 516

CHARACTER STATEMENT FOR LCPL RYAN S. ROBERTS
Please return this form to the individual Marine or to Captain (b)(6) Detailed Defense Counsel, SJA Office, Defense, Box 788103 MAGCC, Twentynine Palms, yr% YL.C. re. Phone: DSN 230-5257 FAX: DSN 230-8297. [Commercial (760) 830-moot] Email: 29pahns.usmc.mil
(b)(6)
I. YOIUR INFORMATION
NAME: (b)(6) , RANK: SGT
–First M.I. Last
SSN:_ (b)(6) —

CURRENT UNIT: RECRUITING STIATION NEW JERSEY
1 Your address:_(b)(6) Your phone number and email: _ (b)(6) My current duty assigmnent (describe position / billet) Administration Clerk Description of my military service (i.e. years served, previous biIIets/duty assignments, personal awards, military, raining/education I have served for almost five years now. I was attached to the Commanding General's Center Adiutant's Office in Twentynine Palms. California, I have two Navy Achievement Medals. one Navy Unit Conunendation Medal, National Defense. and one Good Conduct Medal. I have been attending college for three years now. and will graduate next fall.
Do you anticpate mg TAD Or transferred from your unit any time during the next three (3) to six (6) months? YE le one) If so, when?
I have known this Marine for 7 years. Our relationship was professional / social (circle one) and cart be described as follows (i.e. "I was his NCOIC" or "she was my next door neighbor"): Lance Corporal Roberts and I attended the same high school. and then were stationed together in
Twentynine Palms, California after we both joined the United StateS Marine Corps.
My observation period was on a (circle one) hourly / daily/ weekly basis for approximately hours per week.
Defense Exhibit
DOD JUNE
5 17
II. QUESTIONS REGARDING THIS MARINE
(IF ADDMONAL SPACE NEEDED FOR ANSWERS, PLEASE ATTACH PAGES)
1.
What were this Marine's military duties when you observed them? (Describe)
Lance Cotporal Roberts was the Headquarters Baftalion mail cleic while I was stationed with him.

2.
How did/does this Marine perform those duties? (Describe)

Lance Corporal Roberts was very knowledgable of his duties and carried his duties out to the fullest of his potential. There were several mail clerks as_signed to the Battalion during mv tenure there. and LQ31 Roberts was bv far the best worker I had seen. He was the "go-te Marine if you needed help with almost anything. He was always looking out for junior Marines 4id showed this bv helping with tasks #iat he was not assigned.
3. How would you rate/rank this Marine in comparision to all other Marines or Sailors with whom you have woriced?
j,ance Corporal Roberts is a Marine that I would want to cover mv back if we were in a_hostile
environment. This Marine knows his MOS inside and out and was a true leader. On several occassions
5aw this Marine doing very strenuating phvsial fitness exercises during liberty. iust to test his abilities.
He leads by example. I would not hesitate for one minute to serve with this Marine again.
I would place this Marine in the top 5 % of all Marines I have lcnown. (1% being the best and 100%

being the lowest)

4. Would you desire to work with this Marine in the future? 0 (Circle one) Why?
(explain) Lance Corporal Roberts is a true leader and an overachiever. I wish that I could obtain the motivation and dedication that this Marine possesses. arl 0 (circle one)1Why?
5. Would you be willing to serve with th s Marine in combat? Yes. and althught 1 outrank this M ne. I would go to his o answers. He is the tyPical "Poster
Marine."
2.
Defense Exhibit A
e 7
DOD JUNE
518
6. What are your opinions about this Marine's honesty/trutlifulness? (examples?)
I have never had a reason to not trust this Marine. I would trust him with my life if
nece
_isent_
7. Are you aware that this Marine has presently been charged with an offense 0 (circle one) What is the nature of that offense'?
Ye.I am fully aware of what Lance Cojporal Roberts did. but I do not think the Marine's career
should be jeopordized bteause of his mistake.

8.
Do you believe this conduct will continue or reoccur'? YES vele one) Why or Why not? _No. I believe that 1.2/1Ce Corporal Roberts had bad judgment on what he_did but that thiltvpe of action will never happen again.

9.
Can this Marine be rehabilitated? 0 (circle one) Why or Why not?

Yes., because this is not an addiction. this is somethine that happened one time and should have never happened.
10.How does this Marine deal with stressful situations/environments? (examples?)
_Lance Corporal Roberts was in a hostile environment when the situation occurred. I tend to think diat
this Marine would handle stress to the best of his abilities.
11.Please include any additional conunents that you would like to add concerning this Marine.

Lance Corporal Roberts is not only a true friend. but also a ;Teat Marine. I have never seat a Marine
with the amount of motivation that he possesses. He is a true leader, that made an honest mistake,.
Everyone makes a mistake in his life. This was his mistake. I have 1 101Asenfidence that Lance
Corporal Roberts will bounce back from this and still...be the "poster Marine"_that I described before.

3
-Defense Exhibit AA
DOD JUNE
519
DOD055285

additional pages.
I have attached
I swear (or affirm) that all of the above is true and correct to the best of my lcnowledge.

(b)(6)
Signature:
Date: .().S 1:,2)

4
Defense Exhibit _A.
DOD JUNE
520
DOD055286

'CHARACTER STATEMENT: FOR LCPLRYAN S. ROBERTS..
. .....
-.•-.•. ....
. •.
-.• betailed•Defensetoutilel,'
P1eaSe return' this fOrrii.to .•. Mirine,orla Captahi (b)(6).
SJA Officc, Defense;:BOx 788103. MAGCC, T*entynine.Pahns. CA 922:k8-. phone,. ..DS'N 230-52,57 ••
FAX: DSN 230-8297:: tCOmrnercial (760) 830-700a3 Email: . (b)(6)
"

I. YOUR INFORMATION
ZANK SGT
NAmE: (b)(6)
First

-SSN:,.(b)(6) _ ,.. . .
-.
.., ..
_.. ..
.. , •
CURRENT UNIT:1-18d1S.Station Property.MCAS I'vlirarnarSan Diego
,..
Your ,address:: (b)(6)

our 'Plione-iiiiinber. and email: , (b)(6)
:My current duty aSsigrunent (desci-ibeposition-/•billet)Station€,MR N-CO, ,Trauung,Nc0 :
_ hillai/dittjr•iisignments;13ersOnakaa'rards.; • '
Peseription:oftnyrnilitarY,Servicti;i,:yeatservecl,.PreviOuS
have...seri/ed. for• abOut 3 :.rifdritliS nOw; :13 ••:•inOntlis-brie-COnd .ago. •$erv.eci:atr•3/7..from..1.260)46\oa • ... •
. . _.
..• :.
.' NCO .foili&S CO wi-th.3/7.•.:.
. C. MR_.
.Sea .S.eryiCe.TYCAOynt0fR.,ihhotr,7 •
-
Cainniew4tion;:(1)
—awards are (1)"1,:etter of Appreciatiori,': (I) .Navy.•.:
(1) National Defenee,Se6rice Medal (1) Marine Corl'sO.obc.1-Cooduct .
.•
...Corporals. COrse
. ferred.froin'yourigilt.tinle
-.
nionths?..Y.E.801(CirCle one) If. -when?

yo-u- azitic'Pate
e.one -an
. ' -iiall'ii5oia(efrei ' )
i .1. hive known thisMarine. for 36 nionths: Oar relationship._.:.was.-prOfe$10..
., . • ......
...,._,... ... ,.
......,
..• ...., . ..
..:.....-his NCOIC". or "She was• tri}r tie4 ilOot. neighbbr").1. -
..... .
.... ...
-can be •deseribecl aSiollows.(i ',e, .1 *4's —.... . ..

• • ..
...,.....•.—.
Oiir work relationshin waS profeSsiOnal,. and.Social -.at the sarne'time: 'W.e.--were:thef same,rank.dining Most: •:.
'Of Our time iOgethet:: We .bodi deployed to Okinawa,' I got ;to ,ith:ow. hhi.) *Oil; I knolii.hia wife; his Son; and . -..
:: his sister.... 1-1e is. really gOod on prOsitinglor Iiis tanily. 1•never had any. problenis With-1.41 ROberts, -befOrellefl 3/71 i4i.74.5 .prOniot.ed-to•Cpl .and.hc remained a:LcPr. During..thattintelte always-lefered: to :me _ " as-CP1 (b)(6) • Alvv"a}ig falieWed-- orderS, and Maitained.proffeiianOlism.' ....• • ' . . - •.• , Weeldy;ta.s.is for approidinatoly:60 hours' .
My observationieriod wa.s onla (Circle. one) liourly
. Per:week,'


•-
-0U-ESTIONS REGARDINTIIISIVIARINE.
Defense iXhibit
.
DOD JUNE 521
DOD055287

(IF ADDITIONAL SPACENEEDED FOR ANSWERS, PLEASE ATTACH PAGES)
'11 -What were'this Marine's military-duties When You observed there (Describe) He was a Warehouse
Cleik-for 3/7 SuPply,- he dealed.with-everything that had to do With the-Warehouse.
2. How did/does this Marine perform those duties? (tiescribe)
The Job was always done, he would always have ideas on how to malce things a lot more smother.

'llow.WoUld you rateirank this Marine in Comparision to all other Marines or Sailors with whom you liave wOrkeiI7. I-think -vVotild WoUldanIc tfils.thi aboVe, iVerege category.bad ideii
,..... ...._
;that ei.tra• edge Over: everyone • else. .L.
-
. 10%. I would place this Ma.rine in the,top10% of an -
Marines I have known. (1% being the best and 100`Yo being the lowest)

4. 'Woulayou -deSire ta.ivork with '•this Marine in the future.a (circle one) Why? (explain) He is a great worker, World hard.iiid .866 thejob done:
'5.. Would you be willing-to Serve.withthis Marine in Combat.? .1/NO (circle one) Why2,: Theo* -,— MarineS I have ever trained with for Combat were those of 3/7 SUpply gind LCp1 Roberts was there during training. I would not want to go to combat with Some one I don't know. and have not tram" ed with
* .
... ...•...-.-.•
6: -What 'ire YOU!' 6Piiiibris- about tliis .hOnesty/trii-thfilliiisST(eXaMPlei?.)2-I . .• and trtithfull .is the.noct guY, he.is. a Ivlarine and Ma.rines.tend to exagerate.,1 never.had iSsue
-.• .., ..
,
lying to rue orbein,g dishonest:
.
. 7. Are Yoii aware that this: Marine-has presently been Charged with an Offeitse? Ign/NO:(cirale one)
.A .
What-iS:the hanire of-that:Offense? .klioW the .thcatc offen.ce, butI:1636w the reason:. He mistreated a
- -.". , .
POW inliaq:.— 1%5 0 -(circle one). Why Or Whyoot?
-.Doyou belicve•this 0g:induct will 'continue or reoCearg 41_
NoldoctItthinkrthis will continue With this IVIarine, -but it goes _cox withother troops. t.liat ate .otitin Iraq. .
rightnow.-_Ifyou give-tha.t:Iraqi a chancehe Will shoot-you in.thesbar.lc . -LCpt.Roberts.trtade.arnis-talteand
_
I know he would-not do that again.
9: Cart this 'Marine be-rehabilitated?, _....,...../NO-(cirdre one) -why or Why not? He 'Made rniitakebe Can easilybe rehabititntoci, there w-as no harm-to anYorie. It wasjust a bad Ju4iiient act.
`IC How does this Ntarine deal with-stressful situationsienvironmentS?.(ocarripleS?)-1 think.he handles himself real well, when we were .under astressfull- work loadhe gOt -his job-done the same way he-did when it was normal:
11. Please include any adcfitional conunents that you would like to add concerning this Marine.
Defense Exhibit .4 X- 7
DOD JUNE
52 2
/ have attached .additional pages.
I svvear (or affirrn) that ail of the above is true and correct to the best dirty knoWledge.

D OD JUNE 523
DOD055289

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DOD JUNE 527

DOD055293

DOD JUNE 528
DOD055294
4.
IN THE SIERRA JUDICIAL CIRCUIT
sPECIAL COURT-MARTIAL

UNITED STATES )MEMORANDUM OF PRETRIAL AGREEMENT
)

)
)
Rvan S. Roberts )
)

v.

0:9(6) )

Lance

U.S. Marine Corps )

I, Lance Corporal Ryan S. Roberts, U.S. Marine Corps, the accused in a special
court-martial, freely and voluntarily certify that:

1. For good consideration and atter consultation with my defense counsel, I
agree to enter a plea of GUILTY to the charges and specifications listed
below, provided that the sentence approved by the convening authority will not
exceed the sentence agreed upon in the Maximum Sentence Limitation to this

Agreement.

2.
I am satisfied with my defense counsel, Captain(t05) in all
respects.

3.
I have been advised that this offer and Agreement cannot be used against
me in the determination of my guilt on any matters arising from the charges
and specifications against me in this court-martial.

4.
I understand that for the purpose of this Agreement, the sentence is
considered to be in these five parts: (1)-punitive discharge; i2) period of
confinement; (3) amount of forfeiture of pay and/or allowances; and, (4)
reduction in rate or grade; and, (5) any other lawful punishment (such as hard
labor without confinement, restriction, reprimand, or fine).

5.
Should the court-martial adjudge a sentence which is less, or a part
thereof which is less, than that set forth and approved in the Maximum
Sentence limitation to this Agreement, then the convening authority may only
approve the lesser sentence.

6.
My defense-counsel has fully advised me of the meaning and effect of the
following UcMJ provisions:, Article 57, Effective dates of sentences; and,
Article-5Sb, Automatic forfeitures. / also understand that if the adjudged
sentence is subject to either provision, this Agreement will have no effect on
the application of either provision on the adjudged sentence, unless the
effect is specifically indicated in the Maximum Sentence Limitation to this

Agreement.

7.
My defense counsel has fully advised me of the meaning and effect of my
guilty pleas, and their attendant effects and consequences, including the
possibility that I may be processed for an administrative discharge even if
part or all of the sentence, including a punitive discharge, is suspended or
disapproved pursuant to this Agreement, and that, depending on the
circumstances, such discharge may be characterized as other than honorable.

Appellate Exhibit .
/
DOD JUNE
529
8.
I understand that if my guilty pleas do not remain in effect for any
reason through the announcement of the sentence, then the convening authority
may withdraw from this Agreement.

9.
I understand that I may ask permission to withdraw my guilty pleas at any
time before sentence is announced, and that the military judge may permit me
to do so.

10.
I will plead as follows:

PLEA

CHARGE.

Charge I: Violation of Article 92 GUILTY

Did, on or about 15 May 2003 was derelict in the GUILTY
performance of his duties by willfully failing to
protect an enemy prisoner of war from
maltreatment..

Spec:

Charge II: Violation of Article 93 GUILTY

Spec: Did, on or about 15 May 2003, maltreat an enemy GUILTY
prisoner of war.

Charge /II:Violation of Article 128 GU/LTY

Spec 1: Did, on Or about 15 May 2003, unlawfully throw GUILTY
water at an enemy prisoner of war.

Spec 2: Did, on or about 15 May 2003, commit an.assault

GLIILTY

on an enemy prisoner of war by pointing at him a
loaded firearm.

11.
I agree to request trial by military judge alone, and waive my right to a
trial by members.

12.
For the purpose of this Agreement,-misconduct is defined as any act or
omission I commit in violation of the UCMJ.

13.
All the provisions of this Agreement are material.

a. If I violate any provision or commit any misconduct before trial, the
convening authority may withdraw from this Agreement.

. b. /f I violate any provision or commitany misconduct between the date
of trial. and completion of any suspension period, after a vacation hearing
pursuant to R.C.M. 1109, / could lose the benefit of any suspension provision
contained in the Maximum Sentence Limitation to this Agreement.

14. This Agreement constitutes all the conditions and understandings of both
the Government and myself regarding the pleas and sentence limitations in this
case.

Appellate EX hibit
s
2

DOD JUNE
5 3 0
DOD055296
15. The maximum sentence to be approved by the convening authority is
contained in the Maximum Sentence Limitation to this Agreement.

06fAV A(

41.Jfitir

Edward C. Mitclell "'"-Ryan S. Roberts Major, U.S. Marine Corps Lance Corporal Defense Counsel U.S. Marine Corps Accused
Date: 3///2 Date: 0.5// /.7
The foregoing pretrial agreement is approved.

Convening Authority Date: QO /11)Cnr
Appellate Exhibit
3.. 3
DOD JUNE
5 31
DOD055297
IN THE SIERRA JUDICIAL CIRCUIT

SPECIAL COURT-MARTIAL

UNITED STATES }MAXIMUM SENTENCE LIMITAION

)

)

v.

)

Ryan S. Roberts )
)

0:4(6)

)

Lance k„orporaL

U.S. Marine Corps )

1.
Punitive Discharge: As adjudged. If a punitive discharge is awarded I
agree to request to be placed on voluntary appellate leave within five days of
either (1) the date sentence is adjudged, or (2) my release from confinement,
whichever is later.

2.
Confinement: As adjudged.

3.
Forfeitures: As adjudged.

As adjudged.

4.
Reduction:.

5.
Other lawful punishments: As adjudged.

In return for my plegs of guilty, the convening authority agrees to refer the

charges and specifications to a special court-martial. Should I fail to plead

providently, or the military judge refuses to accept my plea for any reason,

the special court-martial convening-authority may withdraw from-this pretrial

agreement and, in his discretion, refer the char es to an Article 32 Pretrial

Investigation.

R an S. Roberts E ard Mitche

Lance Corporal Captain

U.S. Marine Corps U.S. Marine Corps
Accused

Defense Counsel

Date: /
Date: c73//7V

The foregoing pretrial agreement is approved.

.90 /2//c/V- 67:5
Convening Authori Date

4 Appellate Exhibit
/
DOD JUNE 532

DOD055298

APPELLATE AND POST-TRIAL RIGHTS
You are advised that your counsel is required by law to fully explain to you the following post-trial and appellate rights, and, that you have the right to request the military judge explain all or any portion of your appellate rights in open court prior to adjournment of your court-martial.
Record of Trial
A copy of the record of trial.be prepared and given to you. You may naquest that your copy of the record of trial be delivered to your
defense counsel.
Staff Judge Advocate or Legal Officer's Recommendation
If you received a punitive discharge or were sentenced by a general court-martial, the convening authority's staff judge advocate or
legal advisor will submit a recommendation to the convening authority. Before forwarding the recommendation and the record of trial to
the convening authority, this legal advisor will serve a copy of the written review and recommendation upon your defense counsel. A
separate copy will be served on you. If it is impracticable to serve the recommendation on you for reasons including, but not limited to,
your transfer to a distant piece, your unauthorized absence. or military exigency, your copy will be forwarded to your defense counsel.
You may also request on the record at this court-martial or in writing that your copy be sent to your defense counsel instead of yourseff.

Submission of Matters to the Convening Authority
You have a right to submit matters to the convening authority before that officer takes action on your case. In this regard, you have the
right to request defennent of any sentence to confinement. These matters must be submitted within 10 days after a copy of the
authenticated record of trial or. if applicable, the recommendation of the staff judge advocate or legal officer is served on you or your
defense counsel, whichever is later. The convening authority may extend these periods, for good cause, for not more than an
additional 20 days. Failure to subrnit matters within the time prescribed waives the right to submit matters later.

Action by the Convening Authority
The convening authority will take action on the sentence adjudged and may, in his discretion. take action on findings of guilty. The
action to be taken on the findings and sentence Is within the sole discretion of the convening authortty and is a matter of command
prerogative. The convening authority Is not required to review the case for legal errors or factual sufficiency. In taking action on the
sentence, the convening authority may approve, disapprove. commute, or suspend the sentence in whole or in part. Under no
circumstances may the convening authority increase the severity of the sentence. The convening authority is not empowered to
reverse a finding of not guilty; however, the convening authority may change a finding of guilty to a charge or specification to a finding
of guilty to a lesser offense included within that charge or specification, may disapprove a finding of guilty and order a rehearing, or may
set aside and dismiss any charge or specification.

Review
it you were tried by a special court-martial and your sentence, as finally approved by the convening authority, does not include a
punitive discharge, your case will be reviewed under the direction of the staff judge advgcate for the convening authority's superior
general court-martial convening authority. You may suggest, In writing, possible legal errors for the judge advocate to consider and that
judge advocate must file a written response to legal errors noted by you. After such review, and completion of any required action by
the general court-martial convening authority, you may request the Judge Advocate General of the Navy to take corrective action.
Such a request must be filed within two years of the convening authority's action, unless the time is extended for good cause.

If you were tried by a general courl-martial and your sentence, as finally approved by the convening authority. does not include a
punitive discharge or at least one year's confinement, your case will be forwarded to the Office of the Judge Advocate General. You
may suggest, in writing, possible legal errors or other matters for consideration by the Judge Advocate General The record may be
examined for any legal errors and for appropriateness of the sentence and the Judge Advocate General may take corrective action, if
appropriate.
If your sentence, as finally approved by the convening authority, includes a punitive discharge (regardless of the type of court-martial),
dismissal, a year's confinement or more, or death your case will be reviewed by the Navy-Marine Corps Court of Criminal Appeals for
legal error. factual sufficiency, and appropriateness of sentence. This review is automatic. Following this, your case could be reviewed
by the United States Court of Appeals for the Arrned Forces, and finally it might be reviewed by the United States Supreme Court.

-APPELLATE EXHIBIT
D OD JUNE
533
DOD055299

kra 6rie

Waiver of Review
You may waive appellate review, giving up the foregoing rights, or you may withdraw your case from appellate review at a later time. Once you file a waiver or withdrawal, your decision is final.and appellate review is barred. If you waive or withdraw appellate review, your case will be reviewed by a judge advocate for certain legal errors. You may submit, in writing, suggestions of legal error for consideration by the judge advocate, +.vho must file a written response to each. The Judge advocate's review will be sent to the general court-martial convening authority for final action. Within two years after such final action, you may request the Judge Advocate General to take corrective action in your case. The two year period may be extended for good cause.
YOU have the right to the advice and assistance of counsel in exercising or deciding to waive your post-trial and appellate rights.
Richt to Counsel
It is your defense counsel's responsibility to represent you during the convening authority's action stage of your court-martial conviction. YOU defense counsel Is responsible for examining the record of trial for errors and, where applicable, the post-trial recommendation of the staff Judge advocate or legal officer for errors or omissions. It is your defense counsel's obligation to advise and assist you in preparing matters for submission to the convening authority for conskieration prior to action being taken on the record of trial.
If your case is reviewed by the Navy-Marine Corps C.ourt of Criminal Appeals, military counsel will be appointed to represent you at no cost to you and, if you choose, you may engage civilian counsel at no expense to the Untied States. If your case should be reviewed by the United States Court of Appeals for the Aimed Forces or by the United States Supreme Court, you would continue to have the same appellate counsel rights before these courts.
Acknowledoement
I acknowledge: (I) that, prior to adjournment of my court-martial, was provided with the above written advice: (2) that I have read and understand my post-trial and appellate rights; (3) that I have discussed them with my lawyer prior to signing this form: and, (4) that the military judge will discuss my appellate rights with me on the record prior to adjournment of the court, if I so desire.
I specifically request that my cop of the record of trial be delivered to (me4-,
//y
7 I./e,//
)0.' ).
I specifically request that my written copy of the staff judge advocate legal officer
recommendation be delivered to-fiza,

13..J
DATE ATURE.OF ACCUSED
SQ-,J
DATE. SIGNATUR

Appellate Exhibit -7:5-
2
DOD JtTNE
534
DOD055300
kr UNITED STATES MARINE CAPS
OFFICE OF 'THE STAFF JUDGE ADVOCATE"
MARINE AIR GROUND TASK FORCE TRAtNING COMMAND
MARINE CORPS AIR GROUND COMBAT CENTER
TWENTYNINE PALMS, CALIFORNIA 92278

5800 17/5
C. 03
From: Defense Counsel
To: Military Judge
Via: Trial Counsel

Subj: REQUEST FOR CONTINUANCE IN THE SPECIAL COURT-MARTIAL CASE
OF 1.--ci71.-kr," 16de7273-., USMC

1. I respectfully request a continuan in the subject case
which is docketed for an arraignment on 2-2, DE6 2003
until 7 :rm../ 2004.

-

2. The r7son for this request is:/,

cifre-.A r-,47247(1,-).7-71,-t-.Ar297-,/ct‘
AWOWE

oipm4
E.C. MI 'TH L Capt, USMC
FIRST ENDORSEMENT

From: Trial Counsel
To: Military Judge

1. Having reviewed the defense request for a inuance in the
subject case and the reason therefor, I bject to a
continuance.

rial Cou 2,7 ACC-
SECOND ENDORSEMENT

From: Military Judge
To: Trial Counsel, Defense Counsel

.
,R-N
-----'--
1. The foregoing continuance is F. A. Delzompo
Li.Col, U.S. Marine Corps
2ED-14.1-1751117-D. __Military
.....------
judge
„,.-------:,-­
-1-------
2.11/b0

Military Judge

...-r
DOD JUNE

535
INSTRUCTIONS FOR PREPARING AND ARRANGING DD FORM 491, RECORD OF TRIAL

USE OF FORM - Use this form and MCM, 1984, Appendix 13, or applicable departmental instructions as a guide to the preparation of the record of trial in general and special court-martial cases in which a summarized record is authorized. When an Article 39(a) session is held in a special court-martial with a military judge, DD Form 491-1 should be used and combined with DD Form 491 to complete the record of trial. Those procedures covered at the Article 39(a) session and summarized in DD Form 491-1 will not be resummarized in DD Form 491.
DELETIONS - In preparing the record, in­applicable words of the printed text must be deleted. Deletions may be made by striking over the inapplicable word or phrase, or by ruling it out in ink. When, several consecutive lines are to be deleted, a single line, ruled in ink, from upper left to lower right will suffice. No deletion or remark is necessary when there are no exceptions after an item ending "except as indicated below.'
RECORDING TESTIMONY - A summarized record need contain only a summarized report of the testimony.
COPIES - See MCM, 1984, RCM 1103(g) for summarized record. The convening authority may direct the preparation of additional copies.
ARRANGEMENT - When forwarded to a judge advocate for review pursuant to Article 64(a), the record will be arranged and bound with allied papers in the sequence indicated below. Trial counsel is responsible for.arranging the record as indicated, except that items 5, 7, and 13e will be inserted by the convening or reviewing authority, as appropriate, and items 8 and 12 will be inserted by either trial counsel or the convening or reviewing authority, whichever has custody of them.
1.
Front cover and inside front cover (chronology sheet) of DD Form 491.

2.
Briefs of counsel submitted after trial, if any

(Article 38(a.
3.
DD Form 494, "Court-Martial Data Sheet.'

4.
Court-martial orders promulgating the result of trial as to each accused, in 10 copies when the record is of a GCM and 4 copies if it is of a SPCM.

5.
When required, signed review of reviewing judge advocate, in duplicate, together with all clemency papers, including clemency recommendations by court members.

6.
Matters submitted by the accused pursuant to Article 60 (mCM, 1984, RCM 1105).

7.
DD Form 458, "Charge Sheet" (unless included at the appropriate place in a summarized record).

8.
Congressional inquiries and replies; if any.

9.
DD Form 457, "Investigating Officer's Report,' pursuant to Article 32, if such investigation was conducted, followed by any other papers which accompanied the charges when referred for trial, unless included in the record of trial proper.

10.
Advice of staff judge advocate or legal officer, when prepared pursuant to Article 34 or oth.erwise.

11.
Requests by counsel and action of the convening authority taken thereon (e.g., requests concerning delay, witnesses and depositions).

12.
Records of former trials.

13i Record of trial in the following order:
a. Errata sheet, if any.
b. Index sheet with reverse side containing receipt of accused or defense counsel for copy of record or certificate in lieu of receipt.
c. Record of proceedings in court.
(1)
Record of Article 39(a) session at appropriate place in proceedings.

d.
Authentication sheet, followed by Certificate of Correction, if any.

e.
Action of convening authority and, if appropriate, action of officer exercising general court-martial jurisdiction.

f. Exhibits admitted in evidence.

g.
Exhibits not received in evidence. The page of the record of trial where each exhibit was offered and rejected will be noted on the front of each exhibit.

h.
Appellate exhibits, such as proposed instructions, written offers of proof or preliminary evidence (real or documentary), and briefs of counsel submitted at trial.

DD Form 491, OCT 84 Inside Back Cover
DOD JUNE 536
DOD055302

Doc_nid: 
4606
Doc_type_num: 
651