Court-Martial Record: Specialist Roman Krol

COURT-MARTIAL RECORD NAME. WROL ROM Pliq .F SPC SSAI 44 ACTIONS CODED: ASSIGNED. AUG - 5 2005INITIAL PANEL it ACCA EXAM. DIV. FINAL COMPANION(S): SEE k_E\I E ILS E SriE RETURN THIS .FILE TO: -OFFICE OF THE CLERK OF COURT US: ARMY.JUDICIARY 901 NORTH - -STUART STREET, SUITE. -1200 • ARLINGTON, VA.. 2220371837 VOLFOFFVOL(S) ARMY 2 0 0 5 0 1 7 9 C c 0 C JALS-CC FORM 24, 1,0CTOBER 2000 01554A CC JUL 28 2005 DOD-026755 UNITED STATES ARMY JUDICIARY 901 NORTH STUART STREET ARLINGTON, VIRGINIA 22203-1837 UNITED STATES ARMY 20050179 v. REFERRAL AND DESIGNATION SPC ROMAN KROL OF COUNSEL 81/11111. (,)(7)(0 -5 CL,X 5 - 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: 28 July 2005 PANEL 4 DISTRIBUTION: JALS-DA MO 31.T113ddV 1.1\09 JALS-GA b l :ZI d 8Z -Inc sorii FOR THE CLERK OF COURT: ( 6)( 7)a) -7-( 12)( Z illileilli(L)(7)(c)- Paralegal Specialist ( 0(W - L I 1 • - -p iA3230 ZZ 8Z TT sou 015547 DOD-026756 Volume 1 of 1 ORIGINAL [Allied papers, ROT pgs. 1-97, and all exhibits] Verbatim 1 RECORD OF TRIAL 2 (and accompanying papers) of KROL, Roman 111111.111112((t.T)(11-5 Specialist (Name, Last, First, MI)-(Social Security Number)­ (Rank) Headquarters and Headquarters Company, Victory Base, Iraq III Corps, U.S. Army APO, AE 09342 (Unit/Command Name) (Branch of Service)­ (Station or Ship) By SPECIAL COURT-MARTIAL Convened by COMMANDER (Title of Convening Authority) III Corps (Unit/Command of Convening Authority) Tried at Fort Hood, Texas 76544 on 1 2 February 2005 - (Place or Places of Trial)­ (Date or Dates of Trial) C TE,--' COMPANION CASE (S) ::c.6 (7) r- 73- !---1 7a SPC Megan M. Ambuhl - ARMY 20041130 - referred Clerk of Court 01-13-05 =E r-..--c rr, SSG Ivan L. Frederick - ARMY 20041129 - CMCR - iso Cr;", r_ crl ., SPC Jeremy C. Sivits - ARMY 20040551 - P.4 c c--)tn 0 ,,;) SGT Javal S. Davis - ARMY 20050180 - CMCR (77) — SPC Charles A. Graner -ARMY 20050054 - CMCR )3-19 -t 73 LA.) SPC Sabrina D. Harman -N.e-Gftee-4eeer44 Almy (zoo 5 0 5 9 7-C-rYI c RRSPC Armin J. Cruz - ARMY 20040973 - P.4 PFC Lynndie R. England - No Case Record I Insert "verbatim" or "summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) 2 See inside back cover for instructions as to preparation and arrangement. 01'5543 DD FORM 490, MAY 2000 Previous editions are obsolete Root Cover 2 0 0 5 0 1 7 9 DOD-026757 CHRONOLOGY SHEET, In the case ofFU.S. v. Specialist Roman Krol (Rank and Name of Accused) Date of alleged commission of earliest offense tried: 25 October 2003 (Enter Date) Date record forwarded to The Judge Advocate General: 2 -Z.- ( b)( 7)LC)-z i 16)(0--/- LTC, JA, Chief, Criminal Law Division (Signature and Rank of Staff Judge Advocate or Legal Officer) 1 In a case forwarded to the Judge Advocate General, the staff judge advocate or legal officer is responsible for completion of the Chronology Sheet. Trial counsel should report any authorized deductions and reasons for any unusual delays of the case. 2 Or officer conducting review under Article 64(a) (MCM, 1984, RCM 1112) 3 In computing days between two dates, disregard first day and count last day. The actual number of days in each month will be counted. 4 Item 1 is not applicable when accused is not restrained, (See MVM, 1984, RCM 304) or when he/she is in confinement under a sentence or court-martial at time charges are preferred. Item 2 will be the zero date if item1 is not applicable. 5 May not be applicable to trial by special court-martial 6 Only this item may be deducted 7 If no further action is required, items 1 through 8 will be completed and chronology signed by such convening authority or his/her representative. 8 When further action is required under Article 64 or service directives. REMARKS Action 1. Accused placed under restraint by military authority 4 2. Charges preferred (date of affidavit) 3. Article 32 investigation (date of report) s 4. Charges received by convening authority 5. Charges referred for trial 6. Sentence or acquittal Less days: Accused sick, in hospital or AWOL Delay at request of defense Total authorized deduction 6 7. Net elapsed days to sentence or acquittal 8. Record received by convening authority Action 7 9. Record received by officer conducting review under Article 64(a) Action 8 (Enter Date) \')( (1:1"--1.-- Date Cumulative 2004-2005 Elapsed Days 8 Jan 05 26 Jan 05 18 26 Jan 05 18 1 Feb 05 24 10 May 05 122 20 Jul 05 174(-19) • Post trial defense delay from 23 June 2005 to 12 July 2005. Total of 19 days. • Investigation of the most serious charge was initiated on 31 January 2004. The accused was arraigned on 1 February 2005. Total of 367days. 015549 2 0 0 5 0 1 7 9 DOD-026758 DEPARTMENT OF THE ARMY Headquarters III Corps and Fort Hood Fort Hood, Texas 76544-5056 14 February 2005 ORDERS 045-9 ( 1,)C 1)((-5, 6)(0-5 PV1 Headquarters and Headquarters Krol, Roman, CTO) Fort Hood, Texas 76544. Company III Corps You will proceed on permanent change of station as indicated Assigned to: Personnel Control Facility (WOUXPR) Fort Knox, Kentucky 40121 while serving confinement with the Charleston Consolidated Naval Brig. Charleston, South Carolina 29446 Reporting date: On or about 15 February 2005. Additional instructions: (a) Service member will be escorted under guard to new duty station. (b) Service member will be cleared from post by member of unit as directed by unit commander.(c) All records and misc papers will be turned into the shipments NCO at the PMO. (d) All records will_be hand carried to new assignment by escort guard, in a sealed package, IAW AR 190-47. (e) Household goods and dependants are authoriz d to be shipped at government expense toga (0(7)(0-5 I (W0-5 FO Auth: Army Regulation 190-47 Pers con no: NA MDC: 3AE5 PEBD: NA Enl/REENLB indic: NA Asgd to mgt dsg: NA PPD: NA Con specialty: NA PMOS/SSI: NA Proj specialty: NA Format: 410 FOR THE COMMANDER: b)(7)(t) -7_ (b)(1.)-2._ Chief MPD DISTRIBUTION: Finance (1) Cdr, Fort Hood Correctional Liaison Team (Indiv cys incl) (6) Cdr, E Det 502nd PSB ATTN: Enl Rcds (1) Cdr, III Corps Legal Division (1) Cdr, HHC III Corps (1) E Det 502nd PSB Enl Rcds ATTN: Mrs 6)(1)(0 - (0)(0-z 01 r-r J..) 0 JUL 2 8 20041 2 0 0 5 0 1 7 9 DOD-026759 DEPARTMENT OF THE ARMY Headquarters III Corps and Fort Hood Fort Hood, Texas 76544-5056 ORDERS 045-8 14 February 2005 (b)(7)C0 -5 i (6)(G)- Krol, Roman, PV1 Headquarters and Headquarters Company III ARMCIII) Fort HoOd, Texas 76544. You are authorized to travel at Government expense as shown . Authority: Joint Travel Regulation . Volume 1, paragraph 07504 Destination: Personnel Control Facility (WOUXPR) Fort Knox, KY 40121 while serving confinement with the Charleston Naval Consolidated Brig, Bldg# 3107, Marshal Office Ft Hood, TX 76544 Home of record: Not applicable Purpose: Transfer to gaining facility for further confinement. On or about 15 February 2005. Accounting classification: 2152020 01-401 P1472 599999 Estimated cost: $173.50 Movement designator code: 3AE5 Additional instructions: (a) Individual requests Government procured transportation. (b) Individual declines travel pay. (c) Mailing address: Norfolk Naval Brigade; 8251 Ingersoll St.; Norfolk, VA 23511 Format: 405 FOR THE COMMANDER: DISTRIBUTION: Finance (1) Cdr, Fort Hood Correctional Liaison Team (Indiv cys incl) (6) Cdr, E Det 502nd PSB ATTN: Enl Rcds (1) Cdr, III Corps Legal Division (1) Cdr, HHC III Corps (1) E Det 502nd PSB Enl Rcds ATTN: Mrs (000) -Z 015551 2 0 0 5 0 1 7 9 DOD-026760 CONFINEMENT ORDER. 1. PERSON TO BE CONFINED 2. DATE (YYYYMMDD) a. NAME (1484 First Middle) b. SSN l›)C7)(c)- 5KROL,.goinan (b)co -5 20050201- c. BRANCH OF SERVICE d. GRADE e. MILIT ION (Frorn): Headquarters and Htadquarters Company, III Corps, Victory Base, 1.1S...Atmy SPC/E4 Iraq APO AB 09342 TYPE OF CONFINEMENT a. PRE-TRIAL NO YES I b. RESULT OF NJP NO LI YES c. RESULT OF COURT MARTIAL: . NO 12g Yes TYPE: . saw SPCM . GCM . VACATED SUSPENSION Article 81 (x1), Conspiracy; Article 93 ( .2), Cruelty and inaltreattn* Article 128 (x1), Assault 4. OFFENSES/CHARGES OF UCMJ ARTICLES VIOLATED: 5. SENTENCE ADJUDGED: b. ADJUDGED DATE To be reduced to the grade offiriva,te, El; To be discharged from the service with a bad­ (YYYYMMDD): conduct discharge; To be confined for ten (10) months, 20050201 6. IF THE SENTENCE IS DEFERRED, THE DATE DEFERMENT IS TERMINATED: N/A 7. PERSON DIRECTING CONFINEMENT­ (b) 7 )(L) TYPED NAME, GRADE AND TITLE: -)(b)(6) z b. SIGNATURE c. DATE d. TIME (b)L7)LC) -2 )(b)(6) -7--(YYYYMMDD) CPT, ,TA, TC 20050201 /615‘ F LEGAL REVIEW AND APPROVAL . b. -St NATUR C. DATE z ox 7) cc )- L C0(0 (YYYYMMDD) CPT, JA, TC 20050201 MEDICAL CERTIFICATE 9a. The above named inmate was examined by me at on and found to be Unfit in*. owyrytmoro for confinement. I certify that:from this examination the execution of the foregoing sentence to confinement will . . will not produce serious injury to the inmate's health. b. The following irregularities were noted during the enmination Of none, so State): c. HIV Test administered on (YYYYMMDD): . d. Pregnancy test administered on (YYYYMIVIDD): . N/A 10. EXAMINER a. TYPED NAME, GRADE, AND TITLE: b. SIGNATURE d: DATE d, TIME (YYYYMMDD) RECEIPT FOR INMATE 11.a. THE INMATE NAMED ABOVE HAS BEEN RECEIVED FOR CONFINEMENT AT ON AND TIME: (Facility Name and Location) (YYYYMMDD). (rime) b. PERSON RECEPTING FOR INMATE c. SIGNATURE: TYPED NAME, GRADE AND TITLE: d. DATE e. TIME (YYYYMMDD) I DD FORM 2707, NOV 1999 015552 0 0 5 0 1 7 9 DOD-026761 1. OJAG NUMBER COURT-MARTIAL DATA SHEET 2. NAME (Last, First, Middle Initial) 4. RANK 3. SOCIAL SECURITY 5. UNIT/COMMAND NAME KROL, Roman SPC HHC, III Corps Fort Hood, TX 76544 (b)(7)(c)-5 X0-5 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 Ga and b. KEY TO USE TC - Trial Counsel. This column will be GCM_ or JA - General Court-Martial 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. 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 were referred 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.Dees-the-reeerd-shew-that-after-eaelrsessionTatournment, recess, or closing during the trial, the parties to the trial were accounted for when the court reopened (A13-5)? e. If the military judge or any member present at assembly was thereafter absent, was such absence the result of challenge, physical disability or based 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 that: (1) He/she had the right to be represented free of charge by a military lawyer of his/her own selection, if reasonably available, in which case detailed 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 are to the Uniform Code of Military Justice (UCMJ) and the Manual for Courts4 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 X X X DD FORM 494, OCT 84, Page 1 Previous editions are obsolete. 015553 2 0 0 5 0 1 7 9 DOD-026762 COURT-MARTIAL DATA SHEET TC SPCMCA GCM or OJAG SECTION A - PRETRIAL AND TRIAL PROCEDURE JA (CONTINUED) YES NO YES NO YES NO YES NO (2)He/she had the right to be represented at the trial by a civilian lawyer X X 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 X X defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))? b. (1) Was the accused represented by a civilian lawyer? (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? / / X X / / // / X X / / 12. a. Was the detailed defense counsel properly certified (RCM 502(d))? X X b. Was at least one qualified counsel for each party present during all open sessions of the court (RCM 502(d) and RCM 805(c))? X X 13. a. If the special court-martial adjudged a BCD: (1)Was a military judge detailed to the court (RCM 503(b))? X X (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)? X X 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 X X 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? ^ \.ti / / ^/ \ \ / / 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 X X of the prosecution and defense sworn or previously sworn? 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(f)(4) and / / /RCM 902(e))? / 015554 DD FORM 494, OCT 84, Page 2 2 0 0 5 0 1 7 9 DOD-026763 COURT-MARTIAL DATA SHEET SECTION A -PRETRIAL AND TRIAL PROCEDURE TC SPCMCA GCM or JA OJAG (CONTINUED) YES NO YES NO YES NO YES NO 21. a. Was each accused extended the right to challenge military judge (if any), and any member of the court for cause and to exercise one peremptorychallenge? X X 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 challengewithdrew from the court? / 22. a. Was the accused properly arraigned (RCM 904)? b. Do the following appear in the record: The charges and specifications, X 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 X X special court-martial within three days) subsequent to service of charges uponhim/her (RCM 602)? d. If so, did the accused object to trial? 23. a. Were any charges or specifications affected by the statute of limitations(RCM 907(b))? / / X / / X b. If so, was accused advised of his/her right to assert the statute and was his/her response recorded (RCM 907(b))? / / / / 24. Did the court take proper action with respect to motions raising defenses and objections (RCM 905-907)? X X 25. a. Were pleas of accused regularly entered (RCM 910(a))? X X b. Were pleas of guilty properly explained, and accused's responses recorded(RCM 910(c))? X X 26. Does the record show that all witnesses were sworn? X X 27. Did the military judge or president advise the court concerning the elements of each offense, each lesser included offense reasonably raised by X X 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 thefindings (RCM 922)? X X b. If the trial was with members, did the president announce the findings(RCM 922)? / / / / c. If special findings were requested, were they made a part of the record? 29. Were the findings in proper form (Al 0)? 30. a. Was the evidence, if any, of previous convictions admissible and properly introduced in evidence (RCM 1001(b)(3))? / X / / / / X / / / b. Was the information from personnel records of the accused properlyadmitted (RCM 1001(b)(2))? X X c. Was the defense permitted to introduce evidence in extenuation and mitigation after the court announced findings of guilty (RCM 1001(c))? X X 31. a. In a trial with members, did the president announce the sentence(RCM 1007)? / / / / b. If trial was by military judge alone, did the military judge announce thesentence (RCM 1007)? X X 015555 DD FORM 494, OCT 84, Page 3 2 0 0 5 0 1 7 9 DOD-026764 COURT-MARTIAL DATA SHEET SECTION A - PRETRIAL AND TRIAL PROCEDURE (CONTINUED) 32. Was the sentence in proper form (A11)? 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(f))? 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)? : • --• Ri --0 i • -.. : I I • • • • • 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)? 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, Al9 & 20)? TC SPCMCA GCM or OJAG JA YES NC 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 / / / / DD FORM 494, OCT 84, Page 4 015556 2 0 0 5 0 1 7 9 DOD-026765 COURT-MARTIAL DATA SHEET SECTION C - COURT-MARTIAL ORDERS ( CMO ) 47. Does the initial CMO bear the same date as the action of the convening authority who published it? 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? 50. Are all the charges and specifications (including amendments) upon which the accused was arraigned correctly shown in the CMO (RCM 1114)? 51. Are the pleas, findings, and sentence correctly shown in the CMO (RCM 1114)? 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: TC SPCMCA GCM or OJAG JA YES NO YES NO YES NO YES NO X X / / / / X X H X X X X X X X X X X DD FORM 494, OCT 84, Page 5 015557 2 0 0 50 1 7 9 DOD-026766 COURT-MARTIAL DATA SHEET 55. REMARKS (Continued): 56. TRIAL COUNSEL a. TYPED NAME (Last, First, Middle Initial) b. RANK c. SIGNATURE d. DATE SIGNED 6 (/)(C) -Z , (b)(6) -z-( b)( 7) CC-) -Z-CO/0" 2.--CPT F.,,_ c) / -3-, 57. CONVENING AUTHORITY OR HIS/HER REPRESENTA IVE 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. SIGNATURE (t?)( 7 C)-7--d. DATE SIGNED ( b)( 1)(C)- /— W(6)-7- CI0X(9Y 2- LTC 7 /R-3\--, .)..7t*.: Tr- • CE OF THE JUDGE ADVOCAT a. ACTION: b. INDIVIDUAL COMPLETING DATA SHEET (1) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED DD FORM 494, OCT 84, Page 6 015558 2 0 0 5 0 11 9 DOD-026767 DNA processing required. 10 U.S.C. .§ 1565, DEPARTMENT OF THE ARMY Headquarters, Ill Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 (b)C1)(() -5 , ( 10(0-5 Specialist Roman Kro1,111111111111.111111 U.S. Army, Headquarters and Headquarters Company, III Corps, Fort Hood, Texas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. - Specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl pn_the_floor_P_Iea:__Gulity----Finding-Guilty, as amended (Specificatiorr 1 -of-C -harge lI was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. -5 1 (1410 -9 Specification: Did, at or nea , on or about 31 January 2004,with an intent to deceive, make to Special Agent an official statement, to wit: that he did not throw a football at a pile of detainee which statement was false in that the (&)(1)c) 015559 CO Up) 2 0 0 5 0 1 7 9 DOD-026768 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad-conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: I (p( 7)(C) — z- (by 7)(c) _ DISTRIBUTION: z-t0C0 -z- (15)(6) - SPC Krol 1 LTC, JA -z Zb -mina! Law DivisionTC, CPT (1) C147)(0-2-, ATC, MAJ 1) too) cc) , cl2X(o)- DC, CPT (1) (,)(7) co -66)(&) - Cdr, III Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015560 DOD-026769 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, III Corpsand Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005NUMBER 16 COC1)(0-5, (W O -5 Specialist Roman Kroleirinfin U.S. Army, Headquarters and Headquarters Company, Ill Corps, Fort Hood, Texas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea:. Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl on the floor. PleaGti-ilty,F-inding:-Guiltys-arrieneled---(Specif was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. 6)1 7) CO • (Otb) ••• 6- Specification: Did, at or nea on or about 31 January 2004,with an intent to deceive, make to pecia gen an official statement, to wit: that he did not throw a football at a pile of detainee which statement was false in that the 015561 (A)(7)(c)--/ ( 4)(6) -/ 2 0 0 5 0 1 7 9 DOD-026770 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­ 5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­l); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad-conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: b)(7)( C) --L DISTRIBUTION: (Oti)a.) -s SPC Krol 1 ax°--2-LTC, JA TC, CPT (1) (6)c7)c--7._ (6)t6)--z_ a)(b)-z_ ATC, MAJ (k)(7)(c)---1 (1)DC, CPT ( 1 ) (0(7)(()-/, (6)(6)-z_ Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015562 DOD-026771 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, Ill Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005NUMBER 16 7 (C)-5 , (-0(6) -5 Specialist Roman Krol, U.S. Army, Headquarters and Headquarters Company, III Corps, Fort Hood, Texas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. Specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl 041AI:1e-floor—Plea: Guilty. Finding: Guilty, as-amended • -. • -9- was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. odev(,) _ 5, (4)(42) Specification: Did, at or near on or about 31 January 2004, with an intent to deceive, make o Special gen an official statement, to wit: that he did not throw a football at a pile of detainee , which statement was false in that the -' W0)(0 015563 (0(6) -/ 2 0 0 5 0 1 7 9 DOD-026772 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist. Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did,-at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad- conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: (b)(7)(0 -z_ ( z-- DISTRIBUTION: ay7)(0-z(4Y0-z SPC Krol f 1 LTC, JA TC, CPT (1) COCkc)-z, (OW-7_ ATC, MA 1) 0,)(7)(0-7- , C 67) - DC, CPT 1) (1)(7)60-z-, (1)( 6) -7-- Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015564 DOD-026773 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, III Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 (6)(7 «)-9 , (6)(6) -5 Specialist Roman Krol, U.S. Army, Headquarters and Headquarters Company, Ill Corps, Fo ood, Texas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. pecification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq,On or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl on the floor,PleaGuilty,Finding-.--GuiltyTas-a . • was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. e)C7Re CW(0 -6 Specification: Did, at or near on or about 31 January 2004,with an intent to deceive, make to pecia Agen an official statement, to wit: that he did not throw a football at a pile of detainees which statement was false in that the c) -/ 015565 (6)(0 / 2 0 0 5 0 1 7 9 DOD-026774 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad- conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: DISTRIBUTION: (6)(7)0)-2, (A6) -7- SPC Krol (1) LTC, JA (7 Z bYb -2 MJ, !vision TC, CP (1) ()(7)(0-2 ) (6)(b)- 1 ATC, MA (1) (b)(7)(0-z, , (WO--z DC, CPT ( 1 ) Ch)(7)(e) -7 , cbko-- Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington,Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015566 DOD-026775 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, III Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 (b.)0)(c)-5 ( 1')(0- 5 Specialist Roman Krol U.S. Army, Headquarters and Headquarters Company, Ill Corps, Fo oo , exas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, III Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. -- Specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl on the flocar-,PleaGuilty,Find-inty—Guilty, as-amended-(SpecificationA-of-eharge II was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. (49(7)ec) -9 (6)(6 Specification: Did, at or nea • in or about 31 January 2004,with an intent to deceive, make o pecia gen T an official statement, to wit: that he did not throw a football at a pile of detainee w ich statement was false in that the (d)(7 ) (c) -/ ('4)(b)-/ 015567 2 0 0 5 0 1 7 9 DOD-026776 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad-conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: (b)(7)(0-z DISTRIBUTION: (d)(7)(0 -z, WW1 SPC Krol 1 LTC, JA L 4.7- -. - !vision TC, CPT (1 (1)(CL)((77)()cc)?_-C(L))/(66,);_z_ ATC, MAF DC, CPTF( 1 ) (i)(7)r-z (1)(0-z Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015563 DOD-026777 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, III Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 -7)(0-5, (WO- Specialist Roman Krol U.S. Army, Headquarters and Headquarters Company, III Corps, Fo oo , exas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial' convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. -- Specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl en-the-fleorea-G-u-ilty. Find ing -u-iityTas-amended-(apecffitalion 1—of-etrawn was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. (0(1)(0 - (WO -5 Specification: Did, at or nea on or about 31 January 2004,with an intent to deceive, make to Special Agen an official statement, to wit: that he did not throw a football at a pile of detainees which statement was false in that the 015560 (b)(6) --/ 2 00 50 1 7 9 DOD-026778 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. , Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­l); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad-conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: 4F ( W( 7x( ) -7 (6)( t,) - L DISTRIBUTION: (1,y7X0-2, (9(0-Z SPC Krol 1 LTC, JA I opvy 0--z, CO (0 -2- MJ, CO Chief, Criminal Law DivisionTC, CPT (1) (k)(7)(c) z ,(0a)7 - ATC, MAJ ( 1 ) (1)(7)(0 --7_ , (Ow- z_ DC, CPT (1) (0(7)(c)-z (0c(9)-7 Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015570 DOD-026779 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, III Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 (0(7)(c)- 5, (b)C6) -5 Specialist Roman Krol. U.S. Army, Headquarters and Headquarters Company, Ill Corps, Fo oo , exas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. - specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl on the fleer-Plea: Guiltyirlding. Guilt, - • - • • - o arge was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge III: Article 107. Plea: None Entered. Finding: None Entered. 6 nct) -5, ()(6)Specification: Did, at or nea - on or about 31 January 2004,with an intent to deceive, make o pecial Agen . an official statement, to wit: that he did not throw a football at a pile of detainees ich statement was false in that the 015571 CO(7)Cc) - - I 2 0 0 50 1 7 9 COLO DOD-026780 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad- conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: (19)( 7)(C) -2-i (OW - z DISTRIBUTION: 0)(7)(c)-z, 00a.) -zb SPC Krol (1) LTC, JA MJ, , Criminal Law Division TC, CP (1) (b)(7)(c) -2-) 0)(6)- z ATC, MA 1) 0)( 7) (0- 2 , (4)(6)-2_ DC, CPT (1) (.0com-z , (4) (0-z_ Cdr, Ill Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg. 213B, Forest Park, Georgia 30297-5122 (1) 2 DOD-026781 DNA processing required. 10 U.S.C. § 1565. DEPARTMENT OF THE ARMY Headquarters, Ill Corps and Fort Hood Fort Hood, Texas 76544-5001 SPECIAL COURT-MARTIAL ORDER 20 July 2005 NUMBER 16 6v7)(c) 5 06x6) -5 Specialist Roman Krol U.S. Army, Headquarters and Headquarters Company, Ill Corps, Fo ood, Texas 76544-5001 was arraigned at Fort Hood on the following offenses at a special court-martial convened by the Commander, Ill Corps. Charge I: Article 81. Plea: Guilty. Finding: Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Staff Sergeant Ivan Frederick, II, Corporal Charles Graner, Jr., Specialist Armin J. Cruz, Specialist Sabrina Harman, and others, 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 Corporal Graner forced the detainees to conduct various physical exercises while the detainees were naked and the said Specialist Cruz forced naked detainees to crawl on the ground in such a manner as to cause the detainees' genitals to drag across the floor. Plea: Guilty. Finding: Guilty. Charge II: Article 93. Plea: Guilty. Finding: Guilty. -- Specification 1: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by pouring water on said detainees while the detainees were naked and forced to crawl as-a-mended-(Specif . • was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was"). Specification 2: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, maltreat several detainees, persons subject to his orders, by throwing a football at the said detainees while the detainees were naked, handcuffed, and laying in a pile on the floor. Plea: Guilty. Finding: Guilty. Charge Ill: Article 107. Plea: None Entered. Finding: None Entered. (44-7)e,c)--b(6)16)-5 Specification: Did, at or nea on or about 31 January 2004,with an intent to deceive, make to Special Agen an official statement, to wit: that he did not throw a football at a pile of detainees which statement was false in that the 01.5573 (i)(7)(0-(1)(4) -J 2 0 0 5 0 1 7 9 DOD-026782 SPCMO No. 16, DA, Headquarters, Ill Corps and Fort Hood, Fort Hood, Texas 76544­5001 dated 20 July 2005 (continued) said Specialist Krol had intentionally thrown a football at the said detainees, and was then known by the said Specialist Krol to be so false. Plea: Dismissed on 25 January 2004. Finding: Dismissed on 25 January 2004. Charge IV: Article 128. Plea: Not Guilty. Finding: Not Guilty. Specification: Did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, unlawfully grab a detainee by the throat and slap the face of said detainee with his hand. Plea: Not Guilty. Finding: Not Guilty SENTENCE Sentence was adjudged on 1 February 2005. To be reduced to the grade of Private (E­1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. ACTION The sentence is approved and, except for the part of the sentence extending to a bad-conduct discharge, will be executed. BY COMMAND OF LIEUTENANT GENERAL METZ: (b)(7)(c)-2, ( 4)(6) --1- DISTRIBUTION: 0)(7)(0 -z, (b)(q-b SPC Krol 1 LTC, JA .MJ,.CO 'vision TC, CPT.(1) (4)(7)(0-z , (4)(6)-z ATC, MAJ.1) (b)(7)(c) - z C 6)(6)-7- z (b)L 6)... L DC, CPT.( 1 ) (b)c -0(c) Cdr, III Corps and Fort Hood, ATTN: SJA (1) Cdr, USAEREC, ATTN: PCRE-FS, Fort Benjamin Harrison, IN 46249 (1) Cdr, Battery A PCF PSB, Fort Sill, Oklahoma 73503-5100 (1) Cdr, Fort Knox Regional Corrections Facility, Fort Knox, Kentucky 40121 (1) OSJA, HQ, U.S. Army Field Artillery Center & Fort Sill, Fort Sill, Oklahoma 73503-5100 (1) Clerk of Court, ATTN: JALS-CCR, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203-1837 (10) U.S. Army Criminal Investigations Lab, Fort Gillem, ATTN: CODIS Lab, 4553 North 2d Street, Bldg 213B, Forest Park, Georgia 30297-5122 (1) 2 015574 DOD-026783 DEPARTMENT OF THE ARMY Headquarters, Ill Corps and Fort Hood Fort Hood, Texas 76544-5001 AFZF-CG MEMORANDUM THRU Commander, Headquarters and Headquarters Company, Ill Corps and Fort Hood, Fort Hood, Texas 76544-5001 (b)(7)(c)- (_5 FOR Specialist Roman Krol, _ Headquarters and Headquarters Company, III Corps and Fort Hood, Fort Hood, Texas 76544-5001 SUBJECT: Action on Matters Submitted Pursuant to Rules for Courts-Martial 1105 & 1106 I personally reviewed and considered all post-trial matters submitted by you and your defense counsel before taking action in this case. Enclosures THOMAS F. METZ 1. SJA Addendum Lieutenant General, USA 2. SJA PTR Commanding 3. Defense Counsel Submission w/enclosures 20 JUL 9.005 a. Accused's statement, dated 7 Ma 05 1 •a•e b. Accused's request for clemency, dated 27 Jun 05, 2 pages L, (1)(6)- 7- - c. Letter, CPTIIIIMI not dated, o(7)(c) (b)(6) - (0(7)60 1 page (6)(6)b( 7) (C) - z , OW-2- d. Letter, CPT _dated 29 Jun 05, (12)(7)(c)/ 1 page b)(-i)( c) (b)(19)-1 e. Letter, 1SGIIM(Ret.), not dated, 1 page 015575 2 0 0 I 79 DOD-026784 AFZF-JA-MJ MEMORANDUM FOR Commander, Ill Corps and Fort Hood, Fort Hood, Texas 76544­ SUBJECT: Addendum to Post-Trial Recommendation of the Staff Judge Advocate — United States v. Specialist Roman Krol, _ Headquarters and Headquarters Company, Ill Corps, Fort Hood, Texas 76544-5001/- ACTION MEMORANDUM (6)(7)(c)-_(b)(6)-5 1. Purpose. To forward a petition for clemency submitted by Specialist Roman Krol, under the provisions of Rules for Courts-Martial (RCM) 1105 and 1106, through his defense counsel. The matters submitted by Specialist Krol, through his defense counsel, are enclosed. Pursuant to RCM 1107, you must consider the defense submission prior to taking action. 2. Discussion. On 2 June 2005, I signed the post-trial recommendation in this case and directed that document be served on Specialist Krol's defense counsel for comment. 3. Clemency Request. Specialist Krol and his defense counsel have requested that you disapprove confinement in excess of 7 months. 4. Recommendation. In accordance with RCM 1106, I have carefully considered the enclosed matters. In my opinion, clemency is not warranted. Accordingly, I adhere to my previous recommendation that you approve the sentence as adjudged and, except for the part of the sentence extending to a bad-conduct discharge, order the sentence executed. An action to accomplish this is enclosed. (0(7)(C) -z Encl_ (b)(7)(0 -2-SJA PTR_ COL, JA Defense Counsel Submission Staff Judge Advocate w/enclosures a. Accused's statement, dated 2 0 JUL 2005 7 May 05, 1 page_ b. Accused's request for clemency, dated 27 Jun 05, 2 pages c. (0(6).(A(7) .- z , (12) ( .L Letter, CPI _not dated,_Ci,k7)(f--) -y , 1 page V, (NW (0C -1) t(-) Z ' (b)( 6) L - d. Letter, CPTIMIdated 29 Jun 05, (W(7)(c) 1 page e. Letter, 1SGIIIIII(Ret.), not dated, (,)(7) (c)-y (b)(0-9 1 page 015576 2 0 0 0 1 7 9 DOD-026785 AFZF-JA-MJ 0 2 JUN 2005 MEMORANDUM FOR Commander, Fort Hood, Texas 76544-5001 SUBJECT: Post-Trial Recommendation th Special Court-Martial of the United States v. Specialist Roman Krol, Headquarters and Headquarters Company, III Corps, Fort Hood, Texas 76544-5001 -- ACTION MEMORANDUM (6)(7)(0- , CO( 6)- 1. Purpose. To obtain action in the special court-martial of the United States v. Specialist Roman Krol 2. Recommendation. Approve the sentence as adjudged 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 Roman Krol 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 1-2 February 2005, the accused was tried by a special court-martial. b. Summary of the Charges, Specifications, Pleas, and Findings: ART CHARGE UCMJ SPEC.GIST OF OFFENSE.PLEA FINDING 81 The On or about 25 Oct 03, conspire with SSG Ivan Frederick, II, CPL Charles Graner, Jr., SPC Armin Cruz, SPC Sabrina Harman, and others to commit an offense under the UMCJ, to wit: maltreatment of subordinates. I I 93 1 1 On or about 25 Oct 03, maltreat several detainees, by pouring water on them while they were naked and forced to crawl on the floor. 1. Specification 1 of Charge II was amended after pleas but before findings, deleting the word "several", adding the word "a", changing "detainees" to "detainee" on three separate parts of the specification and changing the word "were" to "was". 015577 2 0 0 15 0 1 7 9 DOD-026786 AFZF-JA-MJ SUBJECT: Post-Trial Recommendation in the ecial Court-Martial of the United (Ly_40-5 States v. Specialist (E-4) Roman Krol, Headquarters and Headquarters () ( c,) _5 Company, Ill Corps, Fort Hood, Texas 76544-5001 -- ACTION MEMORANDUM ART ( CHARGE UCMJ SPEC GIST OF OFFENSE.PLEA FINDING 2 On or about 25 Oct 03, maltreat G several detainees, by throwing a football at them while they were naked, handcuffed, and laying in a pile on the floor. III 107 The On or about 31 Jan 04, with D2 D2 intent to deceive, make a false official statement. IV 128 The On or about 25 Oct 03, NG NG unlawfully grab a detainee by the throat and slap the face of the said detainee with his hand. 2. Charge III was dismissed on 25 January 2004. c. Sentence Adjudged: To be reduced to the grade of Private (E-1); to be confined for 10 months; and to be discharged with a bad-conduct discharge. d. Clemency Recommendation: None. e. Pretrial Confinement/Administrative Credit: None. f. Other Pretrial Restraint: None. g. Pretrial Agreement: The Convening Authority agreed to refer the case to a special court-martial empowered to adjudge a bad-conduct discharge. h. Personal Data of the Accused: (1) Date and Term of Current Service: 1 December 2000 (6 years). ETS: 14 December 2006. (2) Date of Birth: 14 May 1981. 2 01.5573 b 2 00 1 7 9 DOD-026787 AFZF-JA-MJ SUBJECT: Post-Trial Recommendation in the Special Court-Martial of the United Lbri)C0 -9 States v. Specialist (E-4) Roman Krol Headquarters and Headquarters (b)(0-6 Company, III Corps, Fort Hood, Texas 76544-5001 -- ACTION MEMORANDUM (3) Awards and Decorations: NDSM, GWTSM, GWTEM and ASR. (4) Nonjudicial Punishment or Previous Convictions: None. (5) Dependents:NO (b)(7)(c) -5, ( OM -9 (6) GT Score: Unavailable. (7) MOS: 97E (Human Intelligence Collector). (8) BASD:b (b)(7)(c) -5, (6)(6) -5 (9) PEBD:b (b)(1)(0- , (6)(0 -5 (1 0) Additional information concerning the character of the accused's service is located in the Record of Trial. We have specifically identified the evidence presented by the defense in extenuation and mitigation (TAB 1). i. 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. j. Service on the Accused and Counsel: This memorandum will be served on the accused and his defense counsel for comment before action. 4. Point of contact for this action is the undersigned a (6-)(7)(1)-2­' W6(°)-1 (6)(7X9 -7-, (°")-4gap COL, JA (b)(7) (c) -z ) "°66) -1- Staff Judge Advocate 3 015573 200 179 DOD-026788 DEPARTMENT OF THE ARMY UNITED STATES ARMY TRIAL DEFENSE SERVICE FORT HOOD FIELD OFFICE FORT HOOD, TEXAS 76544 REPLY TO ATTENTION OF AFZF-JA-TDS 11 July 2005 MEMORANDUM FOR Commander, Ill Corps, Fort Hood, Texas 76544 (i,)(7)(c)-5, (10(6)-5 SUBJECT: Post-Trial Submissions, U. S. v Specialist Roman Krol, Headquarters and Headquarters Company, Ill Corps, Fort Hood, Tellifi lr 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. Legal Issues: 3. The Defense has no legal issues to address. Clemency Issues: 4. The Defense requests that you disapprove confinement in excess of 7 months. 5. Clemency is appropriate in this case for the following reasons: . - 11.1 • • • • ted-fully-with-the-Government4411e-investigations and prosecutions of soldiers for misconduct at Baghdad Central Confinement Facility at Abu Ghraib. Although several cases have been disposed of there is the potential for additional cases to arise in the near future. Specialist Krol's cooperation will be important to the Government's case-in-chief. b. Specialist Krol's conduct after charges were preferred speaks volumes as to the magnitude of his wish to take full responsibility for his actions. First, Specialist Krol signed and submitted and Offer to Plea Guilty only 16 days after charges where preferred. Second, he waived his right to an Article 32 investigation, single handedly saving the Government an enormous amount of time and money. Third, he waived his right to a trial by members. Fourth, he waived his right to be confronted by the witnesses against him. Finally, he waived his right against self-incrimination. Everything Specialist Krol did after charges were preferred benefited the Government. Also please consider the fact that Specialist Krol was brought back onto active duty 015580 1j 179 DOD-026789 AFZF-JA-TDS SUBJECT: Post-Trial Submissions, U. S. v Specialist Roman Krol ,11111111111111 ONO -5 6"7"c" Headquarters and Headquarters Company, III Corps, Fort Hood, Texas 76544 over a year after he was released and sent back home. His cooperation should be recognized. c. Specialist Krol was and is apologetic, remorseful and without excuse. During his testimony Specialist Krol apologized to both the Iraqi and American people for any pain and embarrassment he may have caused. His statement demonstrates his desire to make good on his poor behavior. ( (ocnce)-y. coci)(0-'i (6)(b)-q( cou.,)-y (b)(7)cali clociyci--1­ (17)(7) (0 -7 d. The testimony of First Sergeantaiti.Captain (w' -1and Captain...NO 0,)(0_ 2_ speaks volumes for Specialist Krol's rehabilitative potential. Their presence alone at the court-martial demonstrates the love the unit has for Specialist Krol. Particularly, you should pay close attention to the attached letters of support. It is important to consider the opinion of those who know him best. e. You should consider reducing the adjudged sentence from 10 months confinement to 7 months confinement. Since confinement S ecialst Krol has been accepted and ( 6) (7)( 0- enrolled in th( in .Please find NCO -attached a copy of a letter written by pecialist Krol for your consideration. 6. For the above reasons, the Defense requests that you disapprove confinement in excess of 7 months. (6)(7)«) -L, (b)(b)-L 7. Point of contact for this memorandum is the undersigned at111111. Thank you for your consideration in this matter. (b)(7)(c)-z-(OM - L IIIIIIIP CPT, JA( (0(9) --1-Defense Counsel . 15 5 31 1 7 9 DOD-026790 (b)a)(0 - (01 6) (6)(7)( c) -( b)Lb) -5 May, 7 2005 (017)e0- ion (b)(0-1 To Whom It May Concern: (6)(7)(_ 0,)(7)(c) -`t My name is.111111 I'm writing this letter abou _oman Krol. I have known him since he was born. We've been very close to each other eveneglailialialailanwhen he was 1 year old. I've always thought about him as a ready to help kind of a guy, honest and reliable. _ c 6)/ 0- After the e decided to connect his live with the Army. Roman has been interesting in a military career since high school and been much oci)c,)- 5, (6) t6)-5 supported by_who is a veteran of WWII. Roman was very excited when he got directed to Iraq. He never told us how much dangerous it was, down there. Just after he came back we have known that their post was under fire almost every day and that he saw death of his comrades. We were really shocked when we heard what happened. I still believe that there was some mistake or misunderstanding. Roman had worked with me since he came back from Iraq. He'd helped me as This kind of job is requires a high level of responsibility and reliability. I'd had no problem with I II(¦(I.(I • Al I II OW Cc - I sincerely ask the General for mercy follilittoman Krol. On my opinion the punishment he's got is not equal to his crime. He is never hurt anyone. I really believe he has a good potential in the Army. And all he's gone through will be a great lesson to him. Thank you. Sincerely, ailic (h)(7)(t) - 015'532 M (6) -`1 DOD-026791 _ 07/U5/20E15 15:16 (b)( 7)(0 -5_ PRISONER MANAGEMENT.PAGE 01 (Oa* 5 ( MEMORANDUM FOR LTG Metz 27 %Arne 2005 FROM: PVT Roman Krol SUBJECT: Clemency Request 1. Sir, I am respectfully submitting my request for Clemency. Thank you for taking the time to review my request. On 01 February 2005, I was convicted by special Courts-Martial of Conspiracy to Maltreat Detainees and Maltreatment of Detainees. I plead guilty, and was sentenced to 10 months Confinement, a Bad Conduct Discharge, and Reduction to E-l. 2. I am requesting reduction of Confinement from 10 months to 7 months in order to start the fall semester at the where.(0(7)(05 here I am already enrolled. In order to begin the next semester, I((b)(0) -5 need to be released in early August. 3. I understand that I was convicted of a serious infraction of regulations. At this point in my confinement, I also understand that I was given a lenient sentence. However, I am attempting to begin the next phase of my life as an American citizen. My intent is to become a productive member of this society. 4. My sentence, though lenient, was much more severe than many other soldiers convicted of far worse charges stemming from the same incident. I understand that we were all wrong in our actions, however, I request that you reduce my sentence to make it more proportional to the sentences of those convicted of more serious acts. 5. During my unsworn statement at my Courts-Martial, I apologized to the people of Iraq, as well as to the people of The United States for the harm that I helped cause to our Middle East Foreign Policy. I would like to take this _oppertunit-y to again-apelegize, this time-directly-to-you. sir, for the harm that I caused my command and the Armed Services of the United States. At no time during my service did I ever intentionally wish to bring disgrace upon the uniformed members of the Military, or upon our nation. My actions were rash, stupid, and not rational. Please accept my apology. (12)(7)(0-s. (6)(6)-5 the age of a)(7)z) -5, (6)(G)--, j"-15 I emigrated from.to the Us with the intention of eventually joining e US military. I was lucky enough to realize my dream, and serve in a hostile nation in the service of my new country. Unfortunately, things did not go as I dreamed. Now, sir, I respectfully request to be 6. I was originally born citizen of the . 015'583 DOD-026792 -07/05/2005 15:16 anill C.V7)( () PRISONER MANAGEMENT_ PAGE 02 )(b) -5 released early from confinement in order to serve the United States as a private citizen. I know I can make up for the harm that I have caused. 7. Finally, thank you again for taking the opportunity to contemplate my request. I hope that you determine that the greater good for the United States, society, and me will be for an early release by your merciful clemency. ROMAN KROL PVT, US ARMY 015584 DOD-026793 ( • CP I GP ZWUJ J.LI; CIO MUJI- U PAGE U2 • 1111111r(c)- • 1• (0(6) - 9 (6)(7)(c)-z (4)(6)-z- Siteotps Ft. Hood, Texas Subject Request for Clemency in the Case of Roman Krol Dear General, As a former Commander of Alpha Company, 325" Military intelligence Battalion, and having served extensively with Roman Krol for two years, I would like to be given an opportunity to provide more detailed input relative to this soldiers performance. Roman. Krol is the soldier that does not shy away from his responsibilities. Regardless of what the circumstances were, Roman always put forth the effort to accomplish any task assigned. During the first few months in Iraq, Roman was unable to enter restricted areas to engage in the skills he had been trained for due to minor clearance issues. During those months, Roman accepted every menial job and task that came his way with the same enthusiasm. He never once complained, he did his duty, and was thankful to be able to serve. I have commanded many troops in my 20 years as a soldier. I served as a commander for four and a half years, and Roman, like many other fine soldiers I served with, consistently displayed unique military bearing and professionalism . . .(. Even during the course of his trial, Roman accepted responsibility for his actions. I have worked in the prison Indust") , as a civilian for 17 years. and I have been a soldier for 20 years. I went to Tens to testify of my belief that Roman could be retained as a soldier due to his already dertiOnstrated commitment to this country. I am dismayed as to how things so great of consequence can Caine. to rest on the shoulders of so few young soldiers. While no abuse of detainees is acceptable, aiding the future of this young soldier for actions that warranted an article 15 seemed baldly fitting.Roman came to this country and be joined our military as thanks for his good fortune for becoming a .citizen. ()( 77( Our collective frustration with the facts surrounding this case has much to do with the ((63(6)( -at, apparent lack of oversight at Alm Ghnuli Prison. In all the facilities I represent ind111111111111111t each has ranking supervisors equal to officer rani" within the military who are responsible for the facility during his/her respective shift. While I agree that soldiers must be capable of operating independent of supervision, the acts perpetrated by these unsupervised soldiers could have been mitigated with more stringent oversight on behalf of the leadership of the facility. That said, I ask that leniency be considered for Roman in light of his service to this nation, and his impact on mission success throughout his career. 015585 DOD-026794 U(/VQ/ZUCIO la: 37 IV AK.1../tVLN. I-11UL 151 111111111.7)(0 -Z (6)(0 -Z DEPARTMENT OF THE ARMY Alpha Company, 325m Military Intelligent:O. Battalion BUILDING 641, 3 LAFAYETTE STREET DEVENS RESERVE FORCES TRAINING AREA DEVENS, MASSACHUSETTS 01432-4421 Fterur Ill ATTENTION OF AFRC-CMA-B( 29 June 2005 MEMORANDUM FOR: Convening Authority, Fort Hood Texas SUBJECT: Request for leniency in the Case of Specialist Roman Krol 1. I was a character witness for the defense in the matter of Specialist Roman Krol and T am aware of the charges for which he was convicted. The reason for my willingness to appear on his behalf was my belief that Specialist Krol is worthy of the same loyalty from me that he displayed to the Army in general and my command in particular, during his service. 2. I will not attempt to sway your opinion with many arguments or sentiment, except to say this; on the day I was informed of the order to transfer Specialist Krol to Fort Hood for trial, I could not reach him on the phone. Not more than an hour later, he came to my office with an application for the Active Guard and Reserve program. When I informed him about the trial, he understood that he did something wrong and was willing to face the consequences. If anything speaks of his character, I wish that this display of character, desire to serve and willingness to take responsibility could stand uuL at least as much AS the charges for which he was convicted. 3. I have known Specialist Krol for well over two years and while I cannot say that I know him extremely well, I know him enough dial I believe he deserves a second chance. 4. The point of contact for this action is Capta (6)(7)(6) -2, (b (0- Z L ) v( -y 1 (6)(&) --N (i)(7)(c)- (/) 6)(0-(4X 7A0-zaxe)-2. CP .01,110o1AL FOnfig 40(.7-an) FAX. TRANSMITTAL of pope P. (6)( 7)(c)- z (b) (6)- To Dept./Money )(7)(6)-(4)(&) -)( 7)( 4) - fax N (y)(d) -1 NSN 7540 -01 -317-7368 6D98-101 GENERAL SERVICES ADMINISTRATION 01;5586 DOD-026795 Ft. Hood, Texas Subject: Request for Leniency in the Case of Roman Krol Dear General, As the former First Sergeant of Alpha Company, 325 th Military Intelligence Company, and having served extensively with Roman Krol for over two years, I feel it is my duty to add some positive images of him in this situation. To begin with, let me say that Roman was not a perfect Soldier, those are few and far between. However, he is someone that executed his duty to the best of his ability. When he did not, he was willing to take responsibility for his actions. He also did the most important thing of all; he showed up. When he was called for duty after September 1 1 th, he deployed to Fort Bragg in support of Operation Enduring Freedom. He showed up again when his unit was called for Operation Iraqi Freedom. Even now, to face the consequences of his actions during OIF, he showed up. While this does not excuse any soldier from wrongdoing, I feel that it should be taken into account on his behalf. lthough Roman clearly showed a lack of judgment, he showed up as a Solider willing to do his duty s unit, the Army and his Country. That has to count for something. qieral, I wish you could meet Roman and judge for yourself what type of Soldier and But with as many years of service as you undoubtedly have with the Army, perhaps you someone like him, and know why his peers and superiors who served with him want to iW Soldier in his time of need. I do not wish to burden you overmuch, so I hope that my words, added to those of other ers who have written, might sway you toward leniency in any punishment Roman might receive Re e (b)(7X0 L/ (6)(6) -9 First Sergeantillile(Ret,) _)( 7) cc ) ) (6)(6)-y U.S. Army 015537 DOD-026796 UNITED STATES SERVICE OF POST TRIAL v. 00(7)(0- 5 , (6)(6)-S RECOMMENDATION AND A SPECIALIST Roman Krol Headquarters and Headquarters POST TRIAL RECORD ON Company, III Corps, Fort Hood, Texas 76544-5036 DEFENSE COUNSEL 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 U.S. v. KROL 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 and Fort Hood, Fort Hood, Texas, within ten days of service. (b)(7)a)-z, (4)(6)- I (b)(7)(c), , (b)(0) -L- SPC, USA Post-Trial Paralegal 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 U.S. v. KROL. 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 .Aciv_ocate,whiche_ver_occurslater_U_pon .my_requP-st,the_Convening-Aut-hority-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. ( b)(7)(e)- z (1)(6)- z_ ( 40(0 1 (d)(d) -ibCPT, JA.1 1j33 Defense Counsel 015533 0 5 o 1 7 9 DOD-026797 UNITED.STATES v.. SERVICE OF THE RECORD OF (2)(7)(9­, (-0(6) - TRIAL ON THE TRIAL Specialist Roman Krol COUNSEL FOR ERRATA Headquarters and Headquarters Company, Ill Corps, Fort Hood, Texas 76544-5036 I acknowledge receipt of the Record of Trial, in the case referenced above, for the purpose of completing errata. I understand that this record of trial will be forwarded to the military judge for authentication 72 hours from the date of this document. lo)( 7)(c) - 2 ( 1)(0- COCO -z- CPT, JA Trial Counsel 2.S Mac 2 z-cos 01.'7)589 2 0 1 7 9 DOD-026798 . UNITED.STATES ) v.. ) SERVICE OF THE RECORD OF (19)(7)(C)-5) COCO -s ) TRIAL ON THE DEFENSE Specialist Roman Krol,. ) COUNSEL FOR ERRATA Headquarters and Hear!!!1111111 Company, Ill Corps, Fort Hood, Texas. ) ) 76544-5036. ) I acknowledge receipt of the Record of Trial, in the case referenced above, for the purpose of completing errata. I understand that this record of trial will be forwarded to the military judge for authentication 72 hours from the date of this document. (L)(7)(c) z6)(4)-z (1.)( -7) ( 0-Z ( 1.) CPT, JA Defense Counsel del filla,r 0 015590 0 l 7 9 DEPARTMENT OF THE ARMY REPORT OF RESULT OF TR L Forsea this.. , see ARV-10' the •raienetta:en• 1;yrJAs TO Commander, III Corfs, Vito Base, 'rev APO AE 09a424400 1. Notification under R.C.M. 1101 and AA 27-10, paragraph 5-30 is hereby given in the case of the United States v Specialist t YuRCiL ‘ROtaae I ipmegmb Headquarters and (10)U)C0 -5 Headquarters Company, III ebrps, Victory Base, Iraq, U,S COW'5 Army, APO AS 09342,. 2. Trial by Special (BCD) court-tartial on 1. FebritarY 2005, st Fort Rood, Texas , convened by: CMCO Number 2, HQ,. Corps, dated 14 January 2004; as amended by CMCO Number 6, same headquarters, dated 24 July 2004, 3 Summary of offenses, Pleas, and findings ART DCMJ SPEC BRIEF DESCRIPTION OF p PEUSEE (E) PLEA_FINDING THE 1 81.ConsPiracy 93.Cruelty and maltreatment G*Cruelty and Maltreatment G 107. THE False offidial statement Dismissed 25 JAN 05 THE 128.Assault NG.NG *The charge was amended prior to announcement _fiildiAls. Except the words "several", "persons", "detainees" and "were"; substitute the wOrda. "was", respectively. "pereon", "detainee" and (19)L7X0-z., (WO Z 4. SENTENCE: (Trial, by .Judge Alone, MOW= : To be redUced to the grade of Private (El) To be discharged from the service with a bad-Conduct distharge, To be confined for ten (10) months. S. Data sentence adjudged and effectiVe date of any fOrfeittre/reduCtion in grade -(YYYYMMDb): 20050201/20050215. (See -LICMJ Articles 1:57­ 58b and .R. CM. 1101 6. Contents of pretrial agreement concerning aentente, if any: The 'Convening Authority refer my case to a special court-martial: empowered 'to adjudge a bad conduct discharge. Except as limited above, any other lawful punishments can be approved: . 7. Number of days of presentence confinement, if any:, None. 8. Number of days of judge-ordered administrative : credit for Articl• 13 Violation or presentence confinement/restriction found tantamount! to. confineMent, if any: None. prccentenee -. 'TTOt —conf-inent_ ar. pos. a con inernent: None. (47)(0-c, (k•)C6)-s.(6)(7)(9-5) (016)-5 10. Name (s) and SSN.(s)/of companion accused or co-accused,./if any: SSG Ivan L. FREDERICK II 41011MMOMMINIO,"SPC Charles A. GRANER, jr. 4111111111111111 SPC Megan M. ,(0(VIC -5 AMBUHL diMINIMMMOMM) , SPC Jeremy C. SIVITS OMMOMMINMMO, SPC Armin J. •CRUZ 1111111111-: 60 60's SPC JaVal S. DAVIS 411111MOIMMMID PFC Lynndie , R. B. LAND figiffiffings, SPO Sabrina D. HARMAN 4MMUMMUMMMON • (0(069 -s. (6)( 7) (c) s C6)(b)-5 cb)( -06,)-5 ,(4)(6.1-s-b(b)(6)-5b(4)(1 )(0-5 (6)(6)-5. -0)(0 -5 , 11. DNA, processing IAW 10 U.S.C. S '1565 is not required..(4)(6) -5" 12. Conviction does not require sex offender registration IAW 42 U.S.C. S 14071. CF: Unit Commander SJA TDS. MJ Post-trial Confinement Facility SPCMA CID. CDR, servicing finance company (4..267)60-z, (0(6')" 2-(40)(02 /NW'2-b MJ/: COLIN", e Oe 7,)( 0 - Z ATC: MAJ MM.. TC: CPT.WC-7)(0-7_ , CR: SOTMEM (4)(0) -z- DC: CPT 111111111111 (b)(6)--z_. (4)(71(0-z (6)( 7)C-) -z cc (6 -2_b(6)( ,) -2- BRANCH 610 SERVICE. (6)(1) (c)- JA .4)(6.) - DA FORM 4430, SEP 2002 DA FORM 4430-R, MAY 87, IS OBSOLETE USAFAV1.00ES 91 20050 77 p DOD-026800 HEADQUARTERS MULTI-NATIONAL CORPS - IRAQ BAGHDAD, IRAQ APO AE 09342 REPLY TO ATTENTION OF: SEP 16 2004 FICI-CG MEMORANDUM THRU Commander, Coalition Forces Land Component Command, APO AE 09306 FOR Assistant Secretary of the Army (Manpower and Reserve Affairs), ATTN: Criminal Law Division, Office of the Judge Advocate General, 1777 North Kent Street, Rosslyn, VA 22209 SUBJECT: Request Approval of Involuntary Order to Active D ialist Roman 0e7)(0-s Krol , 325th Military Intelligence Battalion, (4)(6) -5 c6)(7X)-5, two -s (.0 7)(0 -5_ (6)(0-s 1. I request your approval to involuntarily order to active duty Specialist Roman Krol, 325 Military Intelligence Battalion, under the provisions of 10 United States Code, Section 802(d); Article 2(d), Uniform Code of Military Justice (UCMJ); and Rules for Courts-Martial 204. 2. The provisions of 10 United States Code, Section 802(d), authorizes ordering Reserve Component (RC) or National Guard (NG) Soldiers to active duty for investigation and disposition of offenses allegedly committed in violation of the UCMJ while in a Title 10 duty status. Only an Active Army General Court-Martial Convening Authority (AA GCMCA) is authorized to involuntarily order to active duty RC or NG Soldiers for, among other things, trial by court-martial. Reserve Component or NG Soldiers ordered to active duty may not be involuntarily confined or deprived of liberty (to include pretrial confinement), or sentenced to confinement until the Secretary of the Army, or his designee, approves the order to active duty. 3. In accordance with the provisions of Army Regulation (AR) 27-10, paragraph 21-3(c), the RC and AA Staff Judge Advocate personnel have consulted with each other concerning Specialist Krol's alleged misconduct while in a Title 10 duty status. 4. As an AA GCMCA, with the authority to involuntarily order this Soldier to active duty for investigation pursuant to Article 32, UCMJ, and for trial by court-martial, I request that you approve my order to recall Specialist Krol to active duty. I am seeking your approval prior to the involuntary order of Specialist Krol to active duty due to the unique circumstances of the case. Specifically, I intend to order Specialist Krol to active duty for investigation into his alleged involvement in detainee abuse pursuant to Article 32, UCMJ, and other UCMJ proceedings as appropriate. These proceedings will likely take place in Iraq, a combat zone. Your approval authorizes Specialist Krol to be eligible for post-trial confinement, if, at a later date, a court-martial adjudges such punishment. 015592 2 0 0 5 0 1 7 9 DOD-026801 FICI-CG SUBJECT: e• uest Approval of Involuntary Order to A tive Dut of S ecialist Roman (00)(0-5 (6)( 7)(0' Krol 325 h Military Intelligence Battalion . (OW-5 ( Lk 7X 0 --( 0(6)- s. (i)(4) -- 5. b (7)Cc)-2-, am,* 2 lie n t of Contac is memorandum is Captain DSN Ma 6_0(7)ce-)-2 email: vcmain.hq.c5.army.mil. c9(69 -Z­6)( 7)C c)- 7--(0(6)-2- Encls. THOMAS F. METZ 1. Draft charge sheet. Lieutenant General, USA 2. Summary of Evidence. Commanding 015593 2 0 0 5 0 1 7 9 DOD-026802 AFZF-JA MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400 Cb C 7)(C) -5, (6)((6) 5" SUBJECT: Involuntary Order to Active Duty of Specialist Roman Krol, .A ­Company, 325th Military Intelligence Battalion, 94 th Regional Readiness Comman , Fort Devens, MA 01434 5 (i)C6) -5- 1. Purpose. To recall Specialist Roman Krol. .-A Company. 325th Military Intelligence Battalion, 94th Regional Readiness Command, to active duty for investigation pursuant to Article 32, UCMJ, and other UCMJ proceedings as appropriate. 2. Recommendation. That you order Specialist Krol to be recalled to active duty for appropriate UCMJ proceedings. 3. Discussion. a. Pursuant to Title 10 United States Code Section 802(d); Uniform Code Military Justice (UCMJ), Article 2(d); Army Regulation 27-10, paragraph 21-3, an Active Army General Court-Martial Convening Authority (AA GCMCA) is authorized to order a Reserve Component (RC) Soldier to involuntary active duty for appropriate UCMJ proceedings for offenses committed while the Soldier was serving in a Title 10 USC duty status. b. An AR 15-6 investigation was conducted into allegations of Military Intelligence personnel involvement in detainee abuse at Abu Ghraib, Iraq during the time period October 2003 to December 2003. Based on the evidence collected during this investigation and during the courts-martial of other Soldiers, Specialist Krol is suspected .of maltreating.detainees and conspiting_with_other_Sokliers_ta_maltreatzletainees_at__Alau . Ghraib on or about 25 October 2003. Specialist Krol was in a Title 10 duty status at the time of the alleged offenses. c. If you approve this recall to active duty, Specialist Krol should be assigned to HHC, III Corps (Forward) with duty at Fort Hood, Texas. (±)z-­ jicc) z_ 4. POC is.at DSNIIIMIIM. ()67)cc)- z ) (6)(6) -2 c i)( 7)60-1 cb)(b) --z-- cL)cci.71((6())... -2! COL, JA Staff Judge Advocate bail 015594 2 0 0 5 0 179 DOD-026803 AFZF-JA-MJ MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400 moo (b)(/)(c) -s SUBJECT: Advice on Involuntary Order to Active Duty of Specialist Roman Krol,.. (0(0, c OM 325th Military Intelligence (MI) Battalion 1. Purpose. To recommend you seek approval from the Assistant Secretary of the Army (Manpower and Reserve Affairs) to order Specialist Roman Krol, 325th Ml Battalion, to active duty pursuant to Article 2(d), Uniform Code of Military Justice (UCMJ). 2. Staff Judge Advocate Recommendation. I recommend you seek approval to involuntarily order Specialist Roman Krol to active duty for investigation pursuant to Article 32 and, if warranted, trial by court-martial. 3. Background. Specialist Krol is a Reserve Component Soldier, who is currently not on active duty, and is assigned to the 325th MI Battalion, Windsor, Connecticut. During Operation Iraqi Freedom I, Specialist Krol was mobilized and served as an intelligence analyst at the Baghdad Central Confinement Facility (BCCF) at Abu Ghraib. The Army Criminal Investigation Division (CID) investigated several soldiers and civilians assigned to the BCCF. CID specifically investigated the acts of Specialist Krol. The investigation revealed credible evidence suggesting he committed the offenses of conspiracy and maltreatment of detainees while serving at BCCF on active duty in a Title 10 status. Enclosed is a draft charge sheet and a summary of the applicable evidence. 4. Applicable Law. Under the provisions of Article 2(d) of the UCMJ, you, as an Active Army General Court-Martial Convening Authority, have the authority to involuntarily order to active duty Reserve Component Soldiers who may have committed an offense Linder the UCM-J-while-orractive-duty-for-the -purpose-of-being-a-potential-subject-of proceedings under Articles 15, 32 (UCMJ) and/or trial by court-martial. Reserve Component Soldiers ordered to active duty may not be involuntarily confined or sentenced to confinement until the Secretary of the Army, or his designee, approves the order to active duty. 0(7)(c)-z, (OM -Z. CO(bCL)64 5. POC is Captain t DSN 111116 (6)(-(0-2- -ti,)c-7) co -2- 2. Encls co(b)-L 1. Draft Charge Sheet COL, JA 2. Summary of Evidence Staff Judge Advocate 015595 2 0 0 5 0 179 DOD-026804 PRETRIAL ALLIED PAPERS 015596 DOD-026805 COURT-MARTIAL CHARGES H PAM 27-7 TO. FROM DATE Commander, 42nd Military Police Brigade.Commander, Headquarters Command a­ A541ar- 1. Court-Martial charges against the following named individual are forwarded as Enclosure 1. Witness statements, any evidence of previous misconduct (to include properly certified DA Forms 2627) and the accu ' .s 2 and 2-1 are attached as Enclosure 2. 2. Krol, Roman. SPC/E-4. ( b)(7)C c) -s ( l2)C0 S . -Name. Rank SSN HHC, III Corps, Victory Base, Iraq w/ duty at Fort Hood, Texas Organization I recommend: ( ) Summary Court-Martial ( ) Special Court-Martial BCD S secial Court-Martial (X) General Court-Martial NA SIGNATU ( 14( Me-) -7- LTC (6)(7%c)--1 , L6)L6)-2- Lre_ Ar4-.CO( 6) - TO FROM DATE Commander, 42nd Military Police Brigade ,5#144/65 I have reviewed the attached charges and conclude that each offense is supported by the evidence. I (direct): ( ) Summary Court-Martial ( ) Special Court-Martial CD Special Court-Martial (`") Article 32 Investigation • .. NAM .W1411.1 COL CL)(7)(e-).z 1oda) -z- • r.1.4,172-MAkIls_ TO FROM DATE ( 10 )( 7?(C) ' -1- Commander, Ill Corps LOCO Commander, 42nd Military Police Brigade I have reviewed the attached charges and the Article 32 investigation and conclude that each offense is supported by the evidence. I (recommend) (direct): ( ) Summary Court-Martial ( ) Special Court-Martial ( ) BCD Special Court-Martial ( ) General Court-Martial NA ER 64)(7)51v SIGNAT(U4RE)(01, zCOMMANDER CO iP 015597 DOD-026806 (000 -z ( b)( 0-z UNITED STATES. ) ) v. ) WAIVER OF RIGHTS UNDER ) ARTICLE 32, UCMJ KROL, ROMAN SPC, U.S. Armyalgalla C 42)( X(Lj-5 ) Headquarters and Headquarters Company, ) III Corps, Victory Base, Iraq,. ) 25 January 2005 APO AE 09342-1400. ) ******************* ********************************************************** *********************** 1. I, SPC Roman Krol.the accused in the above court-martial, have been advised by my detailed defense counsel, that I have the following rights under Article 32(b), Uniform Code of Military Justice and Rule for Court-Martial 405: a. To have the charges against me investigated by a fair and impartial officer, who would inquire into the truth of the matters set for in the charges against me and obtain information upon which to recommend what disposition should be made in my case; b. To be informed of the charges under investigation; c. To be informed of the identity of the accuser; d. To be informed of the purpose of the investigation; e. To be informed of my right against self-incrimination; f. To be present during that investigation; g. To be represented at the investigation by detailed military counsel, individual military counsel of my own selection if reasonably available, or civilian counsel provided at my own expense; h. To be informed of the witnesses and other evidence then known to the investigating officer; i. To cross-examine available witnesses presented against me at the investigation; j. To have evidence within the control of military authorities produced at the investigation; k. To examine, at the investigation, available witnesses requested by me; I. To present at the investigation anything I may desire in my own behalf, either in defense, mitigation or extenuation; and 015593 DOD-026807 Waiver of Rights Under Article 32 — United States v. SPC Roman Krol m. To make a statement in any form, sworn or unsworn. -. 6 (6) -z 2. CP. defense counsel, further advised me and I understand that no charge against me could be tried at a General Court-Martial without first being investigated under Article 32(b), unless I agree otherwise. I also understand that by waiving my rights under Article 32(b), I give up the opportunity to have the Article 32(b) Investigating Officer recommend disposition of the charges against me other than trial by court-martial. 3. Understanding all my rights, I agree to conditionally waive my rights under Article 32(b). This waiver is conditioned upon initial acceptance by the Convening Authority of my Offer to Plead Guilty, dated 25 January 2005. This waiver is canceled if the Offer is disapproved or, once approved, either party withdraws from it. I make this waiver freely and voluntarily; no one has forced me to waive these rights. I am doing so because, after fully consulting with my counsel, I believe it is in my best interest to do so. (4)(7)(q- z c4)(6)-z ROMAN KROL ch)(7)(9- zSPC, U.S. Army CPT, JA.(4)(6)-z Accused Defense Counsel NNW DOD-026808 DEPARTMENT OF THE ARMY HEADQUARTERS, 42"D MILITARY POLICE BRIGADE CAMP VICTORY, IRAQ APO AE 09342 REPLY TO ATTENTION OF: /3 17101 2,005 AFZH-JA (4)( 7)(c) -.(6 )1 b)- MEMORANDUM FOR Major.ip Headquarters Headquarters and Headquarters Company, Ill Corps, Fort Hoo ,Texas 544 SUBJECT: Appointment as an Investigating Officer 1. You are appointed to investigate the enclosed charges against Specialist Roman Krol, Headquarters and Headquarters Company, Ill Corps, in accordance with Article 32, UCMJ, R.C.M. 405, MCM (2002 Edition), and AR 27-10. Use DA Pam 27-17 as a procedural guide. (.7 Cc.(1g)(19)-Z 2. Sergeant First Clas.will assist you in coordinating the procedural details of the investigation, notetalsWian in pre aring your report of the results of this invest' ion. You should contact SKIM/immediately after receipt of this memorandum at (l)c -Oco-z , (0(6)- t. (i)t7 c)-z,ait6)-z 3. You will consult with the Administrative Law Division, Office of the Staff Judge Advocate for guidance and assistance prior to commencement of the investigation for advice as to procedure, proper com letion of the report and guidance on the law applicable to the case. The phone number is 4. Upon appointment, you will set the hearing for no later than 14 calendar days after the receipt of this appointment memorandum. Your report of investigation will be completed as soon as possible, but no later than 7 calendar days following the termination of your investigation. You will attach a detailed daily chronology from the time of this notification until the completion of your report. A report of your investigation will be submitted on DD Form 457 (Investigation Officer's Report). 7 CO-L (0(10 -2- 5. Captain. or any other trial counsel deemed appropriate by the .f of (6)(7)co_ z justice will represent the ve ment as the trial counsel and can be reached at._ 6)/6)--z- or via email at. us.ar.he accused will be represented by defense.counsel and can reached at , (4)(6) -T 6. The date for the Article 32 hearing should be set within three working days from the date of the appointment. I delegate to you the authority to grant delays up to a total of 14 days in the above Article 32 hearing. All requests for delays and approval or disapproval of delays must be in writing. 7. Unless otherwise directed by me, a summarized record of the Article 32(b) proceeding will accompany your report. Encl Case File COL, MP Commanding 015600 DOD-026809 0 r ...JUTS WARNING PROCEDUREIWAIVER CERTIF. , -For use Of this farm. see AR 190.30: the proponent agency is °MOPS OATA REQUIRED BY THE PRIVACY ACT AUTHORITY:. Title 10, United States Cude, Section 30 12(g) PRINCIPAL PURPOSE:. To provide commanders and law enforcement officials with means by which information may be accurately identified. ROUTINE USES:. Your Social Security Number is used as an additionallalternate means of identification to facilitate Ming and retrieval. DISCLOSURE:. Oisclosure et your Social Security Number is voluntary. (A) r 7)(4) -5.(0(0)-5-, frc Z..BATE.1.• 1(.. 3..TIME. 1 4..FILE NO. 31 .7.1-0.0 Z.004 j 9 ' 3c" 1eo05--oq-Cacco'L 5..NAME Oa kr, MI! 8..ORGANIZATION OR AGGRESS ' KR-D L , V. OP.\ - R. Ni.Kt frl W 3-z-51A.(-A %...L.--rik.'"&-r 3.-.1-: 'c"-c-(.....'4:4_,-Piff,i B:1'-j .. 1 ov--.4 IN N-‘-e 7..GRA 'sum . tx , ­a -14.E..‘.-----iz-J IC--t)Q-i.)Sr 1\ .4 &,.011-CB.-e___- ),,,_ 5. PART I • RIGHTS WAIVERIBION.WAIVER CERTIFICATE Section A..Rights i The investigator whose name appears below told me that helshe is with the United States Army .G...T./41/4X.10- ._1_1.1,-) &5-r.c_,A.1 Z-e 0 C, N...-.4.--443 C) P.,,' .P.....SC..c.:1.-ikt L._.is,C-)T ._ A,,L: and wanted to question me about the fallowing allensel11 of which I am suspectesaw.iaLyEe,6L3e-Taxi,1 of +%.:¦1"1' i :4--VEC..0.)-r Pc-)5Axx_T V"Ci oRE Th oZ&Y 43 por...De.OR. QA._/..,exittzzgi CRL:Q...Tsr Ai00 Relate bertha asked me WI rIL_TFLIXT044,4-11-1 CONS P 2- a_acY / / any questions about the animals', however, heIshe made it clear to me that I have the Iollowing rights: I..Ido not have to answer any question or say anything. .Ai '' Z..Anything I say or da can be used as evidence against ma in a criminal trial. .gt. 3. (for personnel :object othe UCMJ. I have the right to talk privately to a lawyer biters. during. and after questioning and to have a lawyer present with ma during questioning. This lawyer can be a civilian lawyer I arrange tar at na expense to the Governmant or a military lawyer detailed for me at no expense to me, or both • Of • (Far civilian: not subject to the UM/ I have the right to talk privately to a lawyer bele% during, and alter questioning and to have a lawyer present with me during questioning. I understand that this lawyer can be one that I arrange for at my own sumac or if I cannot Word a lawyer and want one. a lawyer will be appointed far me before any questioning begins..l'Z' k-- 4. It I am now willing to discuss the offends' under investigation, with or without a lawyer present. I have a right to stop answering questions at any time, or speak privately with a lawyer before answering further. even ill sign the waiver below. .le (i.... 5. COMMENTS (Colonel on reverse side) W-S.(Ei),) - P. Acle -to-L) 4Q GT- 1._&.C::&:€S-Ce­ 0 A (_AL0Y6R- AFTER 6EZ-116 g-6.4 trtruv?. P-T-Cok-US. Section B. Waiver I understand my tights as stated above. I am now willing to discuss the otter:els) under investigation and make a statement without taking In a lawyer use and without having a lawyer present with me. WITNESSES Nava/lab/0 3 ..SIGNATURE OF INTERVIEWEE la..NAME (Type or Print) „--77 4.....^c.----....--., .c..... 1.°7- b..ORGANIZATION OR•A0ORESS ANO PHONE (4(7)(C) ( 0(b)-- 2a..NAME /Typo or Print! TYPED NAME OF INVESTIGATOR. )( 7)(0 • ) .5 Pk. (6)(6)-1 b..ORGANIZATION OR ADDRESS ANO PHONE. B..ORGANIZATION OF INVESTIGATOR 13 6-.-") €.T..)(2t- h-)b.kl6R-f\-Pe--:tk:.(:-ZC.--€ (:("-6) Ul -.iC.-. i?-.tNA-.. r 0 14-1: 3 e.- -LILL/ 2 It Section C..Non.w aiver I.I do not wont to give up my rights 17:1.I want a lawyer. ..Ido not want to he questioned of say anything 2..SIGNATURE OF INTERVIEWEE ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT WA FORM 28231 SUBSEQUENTLY EXECUTED BY THE SUSPECTIACCUSEO ELUTION OF NOV 04 1S OBSOLETE I S5 015601 DOD-026810