Court-Martial: Specialist Armin J. Cruz, Vol. I of II (Verbatim Trial of Record Included)

REDACTED
COPY

MOINIV

12:17(o

COURT-MART1AL RECORD

NAME CRuz_ ARmzd
SSN'
ACTIONS CODED: ASSIGNEDar:
INITIAL FEB 1 7 2005 PANEL

ACCA EXAM. DIV. FINAL COMPANION(S): SEE RtV ERS

RETURN THIS FILE TO:.

OFFICE•OF THE CLERK OF COURT
US ARMY JUDIGIARY
901- NORTH . STUART STREET,. SUITE. 1:200
ARLIINGTON VA. 22'20'3-1837

VOLIOF IVOL(S)
2 0 0 4 0 9 7 3
ARMY
JALS-CC FORM 24, I.00TOBFR 2000
.
FEB I 6 2005 002777
VOL I of II
ORIGINAL COPY

VERBATIM1
RECORD OF TRIAL2
(and accompanying papers)

OF
CRUZ, Armin J. Specialist

(NAME: Last, First Middle Initial) (Social Security Number) (Rank)
HHS, 502d MI Bn
504th MI Bde US Army.Victory Base, Iraq

(unit/Command Name) (Branch of Service)I (Station or Ship)
BY SPECIAL (BCD) COURT-MARTIAL
CONVENED BY COMMANDING GENERAL
(Title of Convening Authority)
Headquarters, III Corps
(Unit/Command of Convening Authority)
TRIED AT

Baghdad, Iraq.ON.11 September 2004

(Place or Places of Trial) I (Date or Dates of Trial)
111111.0111111111111. - ARMY 20041130 - referred Clerk of Court 01-13-05 COMPANION CASES: ARMY 20041129 - CMCR
-ARMY 20040551 - P.4
=ARMY 20050180 - CMCR
911/111111arama-ARMY 20050054 - CMCR 6111111111111111111111.1111.-- No Case Record 1111.11111111111111101111111111 - No Case Record
-ARMY 20050179 - CMCR cr)
(-)
rn
Allied papers through transpt

.C"
EE
ci
9
Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim records of trial only.) See inside back cover for instructions as to preparation and arrangement.
DO FORM 490, OCT R4 Previous editions are obsolete.. FRONT COVER
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CHRONOLOGY SHEETi
In the case ofIU.S. v. Specialist Armin J. Cruz
(Rank and Name of Accused)
Date of alleged commission of earliest offense tried: 25 Oct 2003.
(Enter Date)
Date record forwarded to The Judge Advocate General: 2
(Enter Date)
aiimms COL, JA, Staff Judge Advocate
(Signature and Rank of StIu geIvo ate 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 reportIanyIauthorizedIdeductionsIandreasons for any unusual delays of the case. ChronologyISheet.ITrialIcounselIshould I Action 1. Accused placed under restraint by militaryauthority 4 Date 2004-2005 Cumulative Elapsed Days -I-
2IOr officer conducting review under Article 64(a) (MCM, 1984, RCM 1112) 2. Charges preferred (date of affidavit) 4 Sep 04
3IIn computing days between two dates, disregard first day and count last day. The actual number of days In each month will be counted. 3. Article 32 investigation (date of report) 6 4. Charges received by convening authority 5. Charges referred for trial _---5 Sep 04 5 Sep 04 ;1
4IItem 1 is not applicable when accused is 6I. Sentence or acquittal 11 Sep 04
not restrained, (See MVM, 1984, RCM 304) or when he/she Is in confinement under a sentence or court-martial at time charges are Less days: Accused sick, in hospital or AWOL 0
preferred. Item 2 will be the zero date if itemi Is not applicable. Delay at request of defense 0
5IMay not be applicable to trial by special court-martial Total authorized deduction 6 0 7. Net elapsed days to sentence or acquittal
6 Only this item may be deductedI+ , 7IIf no further action is required, items 1 through 8 will be completed and chronology signed by such convening authority or his/ 44r. representative. 8. Record received by convening authority Action 7I 4 t 9. Record received tly officer conducting review , under Article 64(a).. 15 Oct 04 18 Jan 05 41 116; (-20)
,8IWhen further action is required under • -Action 8
Article 64 or service directives.
REMARKS

•
Post trial defense delay from 21 November 2004 to 11 December 2004. Total of 20 days.•
Investigation of the most serious charge was initiated on 31 Jan 2004. The accused was arraigned on11 September 2004. Total of 224 days.
nn =f1D1111 AGA RI AV .3rinrt Inside of Front Cover
004779

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2nri AA^ •.
UNITED STATES ARMY JUDICIARY
901 NORTH STUART STREET
ARLINGTON, VIRGINIA 22203-1837

UNITED STATES

ARMY 20040973
v.
REFERRAL AND DESIGNATION
SPC ARMIN J, CRUZOOF COUNSEL

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

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

Date: 16 February 2005

PANEL 4
FOR THE CLERK OF COURT:

1.1111111P1161

IMIENNEMIMMI/1

Paralegal Specialist

DISTRIBUTION:

VS/VSni

NOISIA10

JALS-DA A10 31V113ddV 1,A00
JALS-GA 33A13.130 Et? :1
bE :1 d 91 93.4 SODz
d 91 RI SOOZ
03413038
4.5*
0 a2 780
UNITED STATES OF AMERICA
v. POST TRIAL AND APPELLATE
RIGHTS CRUZ, Armin J. ) (BCD and Special Courts-Martial)
SPC, U.S. Army,
)
SVC Co., 502" M1 BN, 504 6 MI BDE ) 11 September 2004
APO AE 09342
)
1, SPC ARMIN J. CRUZ, the accused in the above entitled case certify that my trial defense counsel has advised me of the following post-trial and appellate rights in the event that I am convicted of a violation of the Uniform Code of Military Justice:
1. In exercising my post-trial rights, or in making any decision to waive them, I am entitled to
the advice and assistance of military counsel provided free of charge or civilian counsel provided at no expense to the government.
2. After the record of trial is prepared, the convening authority will act on my case. The convening authority can approve the sentence adjudged (as limited by any pretrial agreement), or he can approve a lesser sentence, or disapprove the sentence entirely. The convening authority cannot increase the sentence. He can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case for legal errors, but may take action to
correct legal errors.
3.
I have the right to submit any matters I wish the convening authority to consider in deciding what action to take in my case. Before the convening authority takes action, the staff judge advocate will submit a recommendation to him, if applicable. This recommendation is required when there is an adjudged bad-conduct discharge. This recommendation, if made, will be sent to me and/or my defense counsel before the convening authority takes action. If I have matters that I wish the convening authority to consider, or matters in response to the staff judge advocate's recommendation, such matters must be submitted within 10 days after I or my counsel receive a copy of the record of trial or I and/or my counsel receive the recommendation of the staff judge advocate, whichever occurs later. Upon my request, the convening authority may extend this period, for good cause, for not more than an additional 20 days.

4.
If the convening authority approves a bad-conduct discharge, my case will be reviewed by the

U.S. Army Court of Criminal Appeals (RCCA): I am entitled to be represeW by counsel before such court. If I so request, military counsel 41 be appointed to teitiT§ett meattioteost to me. If I so choose, I may also be represented by civilian counsel at no epsense to the United States. I understand that paragraph six governs my apellate rights if thieto is not an 'adjudged or
approved bad-conduct discharge.
44•
002781
APPELLATE EXHIBIT RECOGNIZED R. /17
2 0040973
5.
After the ACCA completes its review, I may request that my case be reviewed by the United States Court of Appeals for the Armed Forces (CAAF). If may case is reviewed by that Court, I may request review by the Supreme Court of the United States. I have the same rights to counsel before those courts as I have before the ACCA.

6.
If no punitive discharge is adjudged or approved by the convening authority, my case will be examined by a military lawyer, normally at the local installation, for legal error. I have the right to submit allegations , of legal error either to the convening authority under paragraph 3 above or directly to the military lawyer reviewing my court-martial, or both. My case will be sent to the general court-martial convening authority for final action on any recommendation by the lawyer for corrective action. If the military lawyer recommends corrective action and my case is sent to the general court-martial convening authority for action, I will be sent a copy of the convening authority's action and the recommendation of the military lawyer after action is taken by the general court-martial convening authority.

7.
I also understand that within two (2) years after the sentence is approved, I may request The
Judge Advocate General (TJAG) to take corrective action on the basis of newly discovered
evidences. fraud on the court, lack of jurisdiction over me or of the offense, error prejudicial to
my substantial rights, or the appropriateness of my sentence.

8.
I may waive or withdraw review by the appellate courts at any time before completion of the review. I understand that if I waive or withdraw review:

(a)
My decision is final and I cannot change my mind.

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

-
(c) Within 2 years after the sentence is approved, I may request The Judge Advocate General (TJAG) to take corrective action on the basis of newly discovered evidence, fraud on the court-martial, lack of jurisdiction over me or the offense, error prejudicial to my substantial
rights, or the appropriateness of the sentence.
9. I have read and had my post-trial rights explained to me by counsel and I acknowledge theserights and make the elections set forth below. (Please initial where appropriate.)
a.
I understand my post-trial and appellate review rights.

b.
I would like a copy of the record of trial served on1111111111111111.101.

c.
My defense counsel,

will submit R.C.M. 1105 matters in my
case.
002782
2 0 0 4 0 9 7 3
d.
If applicable, I want to be represented before the U.S. Army Court of Criminal Appeal y Appellate Defense Counsel appointed by The Judge Advocate General of the Army. I understand that I may contact my Appellate Defense Counsel by writing to Defense Appellate Division, U.S. Army Legal Services Agency (JALS-DA), 901 North Stuart Street, Arlington, Virginia 22203.

e.
I have been informed that I have the righ to etain civilian co sel at my own expense, whose name and address are provided herein:

APINIMMIPMEN11111411=1111
If I later retain civilian counsel, I must provide the name and address to: Clerk of the Court, U.S. Army Judiciary (JALS-CC), Nassif Building, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203.
10. Pending action on my case, I can be contacted or a message may be left for me at the following address:
NAME: dryn
STREET:
CITY/ STATE"/ ZIP CODE:
AREA CODE/ TELEPHONE NUMBE
DATED: I Si
SPC, U.S Accused
I certify that I have advised the above named accused regarding the post trial and appellate rights as set forth above, that he has received a copy of this document, and that he has made elections concerning appellate counsel.
DATED: f (5e-in
IN IMMO I fae
Defense Counsel
002783

2 0 0 4 0 9 7 3
1. OJAG NUMBER
COURT-MARTIAL DATA SHEET

2. NAM (Last, FirSt, Middle Initial) 3. SOCIAL SECURITY 4. RANK 5. UNIT/COMMAND NAME CRUZ, Armin J. --SPC HHSC,O504th MI Bde
-O

502d MI Bn,O

INSTRUCTIONS

When an item is not applicable to the record of trial being reviewed, mark the proper block with a diagonal line similar to the ones which appear in the SPCMCA blocks for items 6a and b.
KEY TO USE TC - Trial Counsel. This column will be GCM_ or JA - Ggneral Court-Martial completed in all cases in which a finding Convening Authority or Judge
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.
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.
Does the record show that after each session, adjournment, recess, or closing during the trial, the parties to the trial were accounted for when the court reopened (A13-5)?

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 Courts-Martial, United States (MCM), 1984.
TC SPCMCA GCM or OJAG JA YES NO YES NO YES NO YES NO / / / /
/ / / / X X
X X
X X
/ / / /
X X
/ / / /
X X
X X
X X
X X
X X
DD FORM 494, OCT 84, Page 1 Previous editions are obsolete.
002784
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COURT-MARTIAL DATA SHEET

SECTION A — PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)

(2)
He/she had the right to be represented at the trial by a civilian lawyer provided at no expense to the government, in which case detailed counsel would serve as associate counsel or be excused with the accused's consent?

(3)
If he/she did not exercise any of the rights listed above, he/she would be defended by detailed counsel certified under Article 27(b), UCMJ (RCM 502(d)(1))?

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

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

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

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

12. a. Was the detailed defense counsel properly certified (RCM 502(d))?
b. Was at least one qualified counsel for each party present during all open sessions of the court (RCM 502(d) and RCM 805(c))?
13. a. If the special court-martial adjudged a BCD:
(1) Was a military judge detailed to the court (RCM 503(b))?
(2) If not, did the convening authority submit a statement indicating why a military judge could not be detailed and why trial had to be held at that time and place (Article 19, UCMJ)?
(3) Was a verbatim transcript made (Article 19, UCMJ)?
14.
Did any person who acted as the accuser, investigating officer, military judge, court member, or a member of the defense in the same case, or as counsel for the accused at a pretrial investigation or other proceedings involving the sante general matter, subsequently act as a member of the prosecution (RCM 502(d)(4))?

15.
If any member of the defense had acted as a member of the prosecution in the same case, was he/she excused (RCM 502(d)(4))?

16.
a. If any member of the defense had acted as the accuser, investigating officer, military judge, or member of the court, were his/her services expressly requested by the accused (RCM 502(d)(4))?

b. If not, was he/she excused?
17. a. If accused was an enlisted person, did he/she make a request that enlisted persons be included in membership of the court?
b.
If so, were at least one-third of the members who tried the case enlisted persons, or did the convening authority direct the trial without enlisted persons and provide a detailed written explanation which is appended to the record (RCM 503(a)(2))?

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

18.
If a military judge was detailed to the court, was the accused informed of his/her right to request trial by military judge alone?

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

20.
a. Was any person sitting as a member of the court, or military judge (if any), the accuser, a witness for the prosecution, the investigating officer, staff judge advocate, counsel, or convening authority, or upon rehearing or new trial was he/she a member of the former trial (RCM 902(b) and RCM 912(f))?

b. If so, did the accused waive such disqualification (RCM 912(0(4) and RCM 902(e))?
TC
YES NO X
X X / / • X / /
X X

X 1 /
X X
/ / / /
/ / X
/ /
/ / X X X
/ /
SPCMCA GCM or JA YES NO YES NO X
X
X / / X / /
X X

X / /
X X
/ / / /
/ / X
/ /
/ / X X X
/ /
OJAG
YES NO

•
•
DD FORM 494, OCT 84, Page 2 002785
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COURT—MARTIAL DATA SHEET

—
SECTION A PRETRIAL AND TRIAL PROCEDURE
(CONTINUED)
21. a. Was each accused extended the right to challenge military judge (if any), and any member of the court for cause and to exercise one peremptory challenge?
b.
Was action by court upon challenges proper (RCM 902 and RCM 912)?

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

22. a. Was the accused properly arraigned (RCM 904)?
b.
Do the following appear in the record: The charges and specifications, the name, rank and unit/command name of the person signing the charges, the affidavit, and the order of reference for the trial?

c.
Except in time of war, was the accused brought to trial (which includes an Article 39(a), UCMJ session) by general court-martial within five days (by special court-martial within three days) subsequent to service of charges upon him/her (RCM 602)?

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

23. a. Were any charges or specifications affected by the statute of limitations (RCM 907(b))?
b. If so, was accused advised of his/her right to assert the statute and was his/her response recorded (RCM 907(b))?
24.
Did the court take proper action with respect to motions raising defenses and objections (RCM 905-907)?

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

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

27.
Did the military judge or president advise the court concerning the elements of each offense, each lesser included offense reasonably raised by the evidence, and the presumption of innocence, reasonable doubt, and burden of proof, pursuant to Article 51(c), UCMJ (RCM 920(e))?

28.
a. If trial was by military judge alone, did the military judge announce the findings (RCM 922)?

b.
If the trial was with members, did the president announce the findings (RCM 922)?

c.
If special findings were requested, were they made a part of the record?

29.
Were the findings in proper form (A10)?

30.
a. Was the evidence, if any, of previous convictions admissible and properly introduced in evidence (RCM 1001(b)(3))?

b.
Was the information from personnel records of the accused properly admitted (RCM 1001(b)(2))?

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

31. a. In a trial with members, did the president announce the sentence (RCM 1007)?
b. If trial was by military judge alone, did the military judge announce the sentence (RCM 1007)?
TC
YES NO X
/ / / /
X X
X
/ / X / /
X X X
X / /
X / / / /
X / / X X / / X
SPCMCA GCM or JA YES. NO YES NO X
/ / / /
X X X
/ / X / / X X X X / /
X / / / /
X / / X X / / X
OJAG
YES NO

002786
Dll FORM 494, OCT 84, Page 3
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COURT—MARTIAL DATA SHEET

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

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(0(7))?

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

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

e.
If no, did the accused waive in writing the right to submit matters and was the action taken subsequent to the written waiver or did the time periods provided in RCM 1105(c) expire before the convening authority's action?

46. a. Does the record indicate that the accused was advised of his/her appellate rights (RCM 1010)?
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, A 19 & 20)?

TC SPCMCA GCM or OJAG JA YES NO YES NO YES NO YES NO 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
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COURT—MARTIAL DATA SHEET

TC SPCMCA GCM or OJAG SECTION .0 — COURT—MARTIAL ORDERS (CMO) JA YES NO YES NO YES NO YES NO
47. Does the initial CMO bear the same date as the action of the convening X X authority who published it?
48. Are all the orders convening the court which tried the case correctly cited / / / /in the CMO?
49. Are the accused's name, rank, SSN, unit/command name and branch of X X service correctly shown in the CMO?
.
50. Are all the charges and specifications (including amendments) upon which the X X accused was arraigned correctly shown in the CMO (RCM 1114)?
51. Are the pleas, findings, and sentence correctly shown in the CMO X
X
(RCM 1114)?
52. Does the CMO show the date the sentence was adjudged? X X
53. Is the action of the convening authority correctly shown in the CMO? X X
54. Is the CMO properly authenticated (RCM 1114)? X X
55. REMARKS:
DD FORM 494, OCT 84, Page 5 o 02188
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COURT—MARTIAL DATA SHEET

55. REMARKS (Continued):
56. TRIAL COUNSEL
a. TYPED NAME (Last, First, Middle Initial) b. RANK c. GNATURE d. DATE SIGNED
111./.1.11.111111. ON R Le Ja.44.- 0 5
57. CONVENING AUTHORITY OR HIS/HER REPRESS TATIVE
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. GNATURE d. DATE SIGNED
1111.11111111.111111111110 am 1-24-05
59. ACTION IN THE OFFICE OF THE JUDGE ADVOCATE GENERAL
a.
ACTION:

b.
INDIVIDUAL COMPLETING DATA SHEET

(1) TYPED NAME (Last, First Middle Initial (2) RANK (3) SIGNATURE (4) DATE SIGNED
DD FORM 494, OCT 84, Page 6
002789
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DEPARTMENT OF THE ARMY
Headquarters, III Corps
Victory Base, Iraq
APO AE 09342-1400

SPECIAL COURT-MARTIAL ORDER
18 January 2005NUMBER 2
Specialist Armin J. Cruz, Headquarters and Headquarters Service
Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill
Corps, Baghdad, Iraq, was arraigned at Victory Base on the following offenses at a
special court-martial convened by the Commander, III Corps.
Charge I: Article 81. Plea: Guilty. Finding: Guilty.
Specification: At or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Corporal Mak Staff Sergeant'''. Specialist IIIMISpecialist all, and others, to commit an offence 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 leforces detainees to conduct vlaous physical exercises while the detainees were naked and the said SpecialistWpoured water on the detainees. Plea: Guilty. Finding: Guilty.
Charge II: Article 93. Plea: Guilty. Finding: Guilty.
Specification: At or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, did maltreat several detainees, persons subject to his orders, by forcing naked detainees to crawl on the floor in such a manner as to cause the detainees' genitals to touch the floor and by handcuffing the said detainees to one another. Plea: Guilty. Finding: Guilty.
SENTENCE
Sentence was adjudged on 11 September 2004. To be reduced to the grade of Private (E-1); to be confined for 8 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 bad-conduct discharge, will be executed.
002790
2 oortoora
SPCMO No. 2, DA, Headquarters, III Corps, Victory Base, Iraq, APO AE 09342-1400 dated 18 January 2005 (continued)
BY COMMAND OF LIEUTENANT GENERAL METZ:

DISTRIBUTION:
SPC Cruz (1)I MAJ, JA
MJ,I(1)I Chief, Military Justice
TC,I(1)
ATC,I(1)
CDC, SIM (1)
ADC, 411111.1111(1)
Cdr, HHSC, 502d MI Bn (1)
Cdr, 502d MI BN (1)I •
Cdr, 504th MI BDE (1)
Cdr, III Corps, ATTN: SJA (2)
Cdr, III Corps (1)
Cdr, Det D, 15th Fin Bn, ATTN: FAO (1)

Cdr, 15th PSB, ATTN: Records Section (1)
Cdr, USAEREC, ATTN: PCRE-FS, Indianapolis, IN 46249 (1)
Clerk of Court, ATTN: 901 N. Stuart St., Suite 1200, Arlington, VA 22203-1837 (10)

2
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DOD 001693
7 7
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

AFZF-CG I JAN 18 2005
MEMORANDUM THRU
Commander, 504th Military Intelligence Brigade, HI Corps, Victory Base, Iraq, APO AE 09342 Commander, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342
Commander, Headquarters and Headquarters Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342
FOR Specialist Armin J. Cruz, IHeadquarters and Headquarters Service
Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, III
Corps, Victory Base, Iraq, APO AE 09342
SUBJECT: Administrative Separation Under the Provisions of AR 635-200, Chapter 10
Action. Your request for discharge in lieu of court-martial under the provisions of AR 635-200, Chapter 10, is disapproved.
74-013/ THOMAS F. METZ Lieutenant General, USA Commanding
0 027 92
e, 0
0 4 0 0
ATTORNEY AT LAW
4111111111.111111111111111111111.111111111.
•¦ Dalliii0=1.111110 ••••11.11111.8
quiravormuris
1111111111111111.111.11111111111111111011111110
December 1, 2004
Commander III Corps Victory Base, Iraq APO AE 09342-1400
SUBJECT: Request for Discharge in Lieu of Approving Court-Martial Sentence— SPC Armin J. Cruz, Headquarters and Headquarters Service Company, 502 nd Military Intelligence Battalion, 504th Military Intelligence Brigade, III Corps, Victory Base, Iraq
1.
I, SPC Armin J. Cruz, hereby voluntarily request discharge in lieu of trial by court-martial under AR 635-200, chapter 10. I understand that I may request discharge in lieu of trial by court-martial because of the charges which were preferred against me under the Uniform Code of Military Justice, one of which or a combination of which authorizes the imposition of a bad conduct or dishonorable discharge:

2.
I am making this request of my own free will and have not been subjected to any coercion whatsoever by any person. I have been advised of the implications that are attached to it. By submitting this request for discharge, I acknowledge that I understand the elements of the offenses charged, which also authorize the imposition of a bad conduct or dishonorable discharge. Moreover, I hereby state that under no circumstances do I desire further rehabilitation, for I have no desire to perform further military service.

3.
Prior to completing this form, I have been afforded the opportunity to consult with appointed counsel for consultation. I have consulted with counsel for consultation who has fully advised me of the nature of my rights under the Uniform Code of Military Justice, the elements of the offenses with which I am charged, any relevant lesser included offenses thereto, and the facts which must be established by competent evidence beyond a reasonable doubt to sustain a finding of guilty; the possible defenses which appear to be available at this time; and the maximum permissible punishment in my case. Although he has furnished me legal advice, this decision is my own.

4.
I understand that, if my request for discharge is accepted, I may be discharged under conditions other than honorable. I have been advised and understand the possible effects of an Under Other Than Honorable Discharge (including but not limited to reduction to the lowest

•
EXHIBIT
002793
2 0 0 4 0 9 3
enlisted grade (Private E-1) by operation of law) and that, as a result of the issuance of such a discharge, I will be deprived of many or all Army benefits, that I may be ineligible for many or all benefits administered by the Veterans Administration, and that I may be deprived of my rights and benefits as a veteran under both Federal and State law, as indicated on a copy of DA Poster 635-1, which was provided me). I also understand that I may expect to encounter substantial prejudice in civilian life because of an Under Other Than Honorable Discharge. I further understand that there is no automatic upgrading nor review by any Government agency of a less than honorable discharge and that I must apply to the Army Discharge Review Board or the Army Board of Corrections of Military Records if I wish review of my discharge. I realize that the act of consideration by either board does not imply that my discharge will be upgraded.
5.
I understand that, once my request for discharge is submitted, it may be withdrawn only with consent of the commander exercising general court-martial authority, or without that commander's consent, in the event trial results in an acquittal or the sentence does not include a punitive discharge even though one could have been adjudged by the court. Should my trial result in either an acquittal or should my sentence not include a punitive discharge even though one could have been adjudged by the court, I hereby withdraw this request. Further, I understand that if I depart absent without leave, this request may be processed and I may be discharged even though I am absent.

6.
I have been advised that I may submit statements I desire in my own behalf, which will accompany my request for discharge. A statement in my own behalf is submitted with this request.

7.
I hereby acknowledge receipt of a copy of this request for discharge, with enclosure.

ARMJN RUZ
SP&S. Army

002794

2
EXHIBIT
IsitONTO
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r
Having been advised by me of:
a.
The basis for his contemplated trial by court-martial and the maximum permissible punishment authorized under the Uniform Code of Military Justice;

b.
The possible effects of an Under Other Than Honorable Discharge if this request is approved (including but not limited to reduction to the lowest enlisted grade (Private E-1) by operation of law and the loss of benefits administered by both the Army and other Federal agencies as indicated on a copy of DA Poster 635-1, which was provided to the soldier);. and

c.
The procedures and rights available to him;

SPC Armin J. Cruz, personally made the choices indicated in the foregoing request for discharge in lieu of trial by court-martial.
Civilian Defense Counsel
002795
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1
EXHIBIT
.
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AFZF-JA-MJI g--JAN -12005
-
MEMORANDUM FOR Commander, III Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Addendum to Post-Trial Recommendation in the Court-Martial of the United States v. Specialist Armin J. Cruz IHeadquarters and Headquarters Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq - ACTION MEMORANDUM
1.
Purpose. To forward a petition for clemency submitted by Specialist Armin S. Cruz, under the provisions of Rules for Courts-Martial (RCM) 1105 and 1106, through his defense counsel. The matters submitted by Specialist Cruz, through his defense counsel, are enclosed. Pursuant to RCM 1107, you must consider the defense submission prior to taking action.

2.
Discussion. On 11 November 2004, I signed the post-trial recommendation in this case and directed that the document be served on Specialist Cruz's defense counsel for comment. The defense counsel asserts no legal errors.

3.
Clemency Request. Specialist Cruz and his defense counsel have requested that you disapprove his bad-conduct discharge and approve the request for a Chapter 10.

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

Encl Defense Counsel Submission COL, JA with Enclosures Staff Judge Advocate
002796
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I -INOV 11 2004
AFZF-JA-MJ
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v. Specialist Armin J. Cruz,I, Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq — ACTION MEMORANDUM
1.
Purpose. To obtain action in the special court-martial of the United States v. Specialist Armin J. Cruz.

2.
Recommendation. Approve the sentence as adjudged and, except for the part of the sentence extending to 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 Armin J. Cruz 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 11 September 2004, the accused was tried by a special court-martial.

b.
Summary of the Charges, Specifications, Pleas, and Findings:

ART CHARGE UCMJ SPECIGIST OF OFFENSEIPLEA FINDING
81ITheIDid, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with CPL IMMO SSG INNSPC SPC 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 CPLgforced detainees to conduct various physical exercises while the detainee s ere naked and the said SPCjipoured water
on the detainees.
002797
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. 3
AFZF-JA-MJ
SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v.
Specialist Armin J. Cruz, Headquarters and Headquarters Service
Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill
Corps, Victory Base, Iraq -- ACTION MEMORANDUM
ART CHARGE UCMJ SPEC GIST OF OFFENSE PLEA FINDING
II 93 The At or near Baghdad Central
Confinement Facility, Abu Ghraib,
Iraq, on or about 25 October
2003, did maltreat several
detainees, persons subject to his
orders, by forcing naked detainees
to crawl on the floor in such a
manner that as to cause the
detainees' genitals to touch the
floor and by handcuffing the said
detainees to one another.

c. Sentence Adjudged: To be reduced to the grade of Private (E-1), to be confined for eight months, and to be discharged with a bad-conduct discharge.
d. Pretrial Confinement: None.
e. Pretrial Agreement: The convening authority agrees to refer case to special court-martial empowered to adjudge a bad-conduct discharge.
f. Personal Data of the Accused:
(1)
Date and Term of Current Service::

(2)
Date of Birth:

(3)
Awards and Decorations:

(4)
Nonjudicial Punishment or Previous Convictions:

(5)
Dependents:

(6)
GT Score:

(7)
MOS:

002798
2
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DOD 001700
AFZF-JA-MJ SUBJECT: Post-Trial Recommendation in the Court-Martial of the United States v. Specialist Armin J. Cruz,I—, Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, III Corps, Victory Base, Iraq -- ACTION MEMORANDUM
(8)
BASD:

(9)
PEED:

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

g.
Discretion of the Convening Authority: As the convening authority, you may approve, disapprove, set aside, or modify the findings of the court-martial. You may also approve, disapprove, commute, or suspend the sentence in whole or in part, in accordance with the pretrial agreement. Such action may be taken in the interests of justice, discipline, mission requirements, clemency, or any other appropriate reason. The action to be taken is matter of command prerogative and lies within your sole discretion.

h.
Service on the Accused and Counsel: This memorandum will be served on the defense counsel for comment before action.

4. Point of contact for this action is the undersigned at DSN 318 822-2500.
COL, JA Staff Judge Advocate
002799
I
3
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UNITED STATES SERVICE OF POST TRIAL
v. RECOMMENDATION AND A Specialist CRUZ, Armin J.,
. Headquarters and POST TRIAL RECORD ON Headquarters Service Company, 502d Military Intelligence Battalion, 504th DEFENSE COUNSEL Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
In accordance with R.C.M. 1105 and 1106, Manual for Court-Martial, 2002, a copy of the Post-Trial Recommendation and a copy of the Record of Trial in the case of
U.S. v. CRUZ 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, III Corps, Victory Base, Iraq, within 10 days of service.
Una
NCOIC, Criminal Law Division
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. CRUZ. I understand that I have an opportunity to rebut, correct, or challenge any matter I deem erroneous, inadequate or misleading, or to comment on any other matter, and that my comments will be appended to the Post Trial Recommendation. If I have matters that I wish the Convening Authority to consider, or matters in response to the Staff Judge Advocate's recommendation, such matters must be submitted within 10 days after the accused or I receive a copy of the Record of Trial or the accused and/or I receive the recommendation of the Staff Judge Advocate, whichever occurs later. Upon my request, the Convening Authority may extend this period, for good cause, for not more than an additional 20 days. If I am unable to complete this within 10 days, I will provide, within that time, a request for delay in submitting the Record of Trial to the Convening Authority for action. I also acknowledge that failure to provide any reply or request for delay within 10 days will normally be deemed a waiver of any error in the
11.111/Mlie
Civilian Defense Counsel
O L(
(date)
002500

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ATTORNEY AT LAW
filoommillasimatasia
.411111101INNINIMMNIZININNO
vosswiliMMNINEsinism•
11•01111111PINIEN¦mmigiorrimiP 1
December 11, 2004
Lieutenant General Thomas F. Metz Commander, III Corps Victory Base, Iraq
SUBJECT: Supplemental Materials for Post-Trial Submissions, US v. Armin J. Cruz
Dear LTG Thomas F. Metz:
Enclosed please find, as a supplement to the other enclosed materials, a recommendation for clemency from the prosecutor in SPC Cruz's court-martial. Thank you for your attention in this matter.
Your truly,
aprammin
Enclosure
002801
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11 December 2004
MEMORANDUM FOR. Commander, Multi-National Corps-Iraq and EI Corps
SUBJECT: Recommendation for Clemency for Private Armin J. Cruz
1. 1 respectfully submit the following points for your consideration with regard to this case. I was the prosecutor for this soldier's trial.
a.
Private Cruz knowingly and voluntarily committed, the acts of abuse for which he pled guilty. Those actions did in fact tarnish the reputation of the Army and the United States. He acted in concert with several other individuals to commit these acts.

b.
Prior to committing the abuses for which he pled guilty, Private Cruz was involved in a mortar attack at his FOB. During the attack, Private Cruz attended to other wounded soldiers though he was himself wounded. Private Cruz also witnessed his close friend and immediate supervisor die in his arms as a result of this attack. Afterwards, Private Cruz had difficulty dealing with the experience and requested that he be allowed to seek professional help on his day off. This request was denied. (See Record of Trial, p. 100­101, 117-118). The significance of this chain of events is that I believe Private Cruz's decision to abuse detainees was appreciably influenced by the significant, untreated, mental stress borne by the soldier at the time.

c.
With regard to Private Cruz's background, I have carefully reviewed letters submitted on behalf of the soldier as well as the soldier's civilian and military records. I have also interviewed a number of individuals who know Private Cruz. My professional assessment is that prior to the mortar attack, Private Cruz's life was marked by distinction, by genuine selfless-service to others, and by honorable conduct.

d.
Following his court-martial and while in confinement, Private Cruz reported to me through his attorney an incident of inmate abuse by a military police guard. I believe that given the circumstances, Private Cruz demonstrated courage in reporting this incident.

3.. Based on the above referenced facts, I recommend that clemency in some form be granted. Thank you for considering these comments.
MAJ, JA
002802
2 0 0 4 0 7 a
Itraminsom

ATTORNEY AT LAW
WIIII=11111111111=1
..mararrommew
iimmerwmaismimmeweimillimiseet
December 8, 2004
Lieutenant General Thomas F. Metz
Commander, III Corps
Victory Base, Iraq
SUBJECT: Post-Trial Submissions, Request for Chapter 10 Discharge, US v. Armin J. Cruz, SPC, U.S. Army, Headquarters and Headquarters Service Company, 502" Military Intelligence Battalion, 504 th Military Intelligence Brigade, HI Corps, Victory Base, Iraq
Introduction
Thank you for the opportunity of presenting this information on behalf of SPC Armin J. Cruz. I acknowledge that this material is lengthy, but I respectfully request that you read my summary and view the brief video statement of SPC Cruz's parents. (See enclosed DVD).
This packet catalogues the evidence for SPC Cruz's superlative moral character. There are over forty letters, military and civilian, from people attesting to the values that SPC Cruz has demonstrated to them through his actions—generosity, bravery, loyalty, integrity, humility, work ethic, professionalism, discipline, and superior competence. (See enclosed Good Soldier packet). To be plain, SPC Cruz is the "real deal." He is the friend that never lets you down, the son that parent's dream to have, and the Soldier that personifies the mission and values of the United States Army.
The incident at Abu Ghraib represents a departure from the nature and quality of SPC Cruz's character rather than an example of it. The materials and testimony presented at trial clearly demonstrate a consistent pattern of good behavior from a good person. If one were to extrapolate from this incident a conclusion as to the nature and quality of SPC Cruz's character as one that is poor, one would certainly fail to accurately assess his moral worth as a man and Soldier. Please judge SPC Cruz's actions in context, that is, against the background of facts and evidence that depict his heroism, service to others, and dedication to duty. If you do this, I think you will likely agree that his mistake at Abu Ghraib does not define his character—it contradicts it. I submit to you that SPC Cruz's superlative character has earned him consideration for a Chapter 10 discharge in lieu of Court-martial.
Summary
For your convenience, I have summarized the information contained in the Good Soldier packet, testimony given during sentencing, and have included additional character reference letters.
1. In his enclosed personal statement and testimony at trial, SPC Cruz unequivocally takes full responsibility for his behavior in the incident (See Enclosed letter from SPC Cruz):
002 803
.

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E=1
"I want to ensure that the intent of my statement is clear. I accept full and complete responsibility for my actions...I apologize to the detainees. (Trial Transcript (TT) p. 124)
2. SPC Cruz is a good man and a distinguished Soldier.
A. Civilian life.
SPC Cruz is a first-generation American born into a military family; his father is a USMA graduate. (Class of 1977). As a civilian, SPC Cruz lived a moral life, a large part of which was in service to others. SPC Cruz is a former elementary school director for Boys and Girls Club of a site founder and assistant director for School District after-school program, and a former head lifeguard for f certified by the Red Cross as a lifeguard and swim instructor. (See Good Soldier packet).
B. Military service prior to the incident.
He joined as an enlisted soldier rather than through ROTC, although eligible to do so. He volunteered for activation and deployment to Iraq. (TT p. 108). SPC Cruz was approved for a Bronze Star by LTG Thomas F. Metz for performance of duty during Operation Iraqi Freedom from 11 April 2003 to 15 November 2003. (See "Awards," Good Soldier packet). He was awarded the Purple Heart for multiple shrapnel wounds received as a result of enemy action in a mortar attack at Abu Ghraib. (See "Awards," Good Soldier packet). Although wounded, he came to the aid of SSG OM ( S e e enclosed letter from SSG km. He also came to the aid of fellow soldier, friend, and mentor SGT who was mortally wounded. (TT p. 97-99). After the mortar attack, he requested assistance from a Combat Stress Team but he was denied this assistance. (TT p. 100 –
101).
C. His actions during the incident.
SPC Cruz's limited acts are distinguishable in severity from those of other Soldiers and his culpability is not equivalent to that of other Soldiers involved in the incident for the following reasons stated in the Stipulation of Fact (SOF) and trial transcript:
1.
The incident started before he got there and continued after he left. (SOF p. 2).

2.
He was told that the detainees had raped a boy. (SOF p. 3).

3.
The abuse was not directed or orchestrated by him. (TT p. 34).

4.
He did not enjoy it—he did not laugh, smile, or have his picture taken. (SOF p. 4).

5.
He questioned his and the group's actions. (TT p. 44).

6.
He pointed out a detainee's wound to the MP and then left the area. (TT p. 35).

7.
He reported the incident the next day. (TT p. 118).

8.
He was there only one hour and did not participate for that entire hour. (SOF p. 3).

D. Military service following the incident, but while SPC Cruz was unaware of the
allegations and investigation.

SPC Cruz suffered and continues to suffer from post-traumatic stress disorder. (See TT
p. 117-118 & Enclosed letter from
Regardless, he still performed 2
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BETWEEN BATES NUMBERS 2805 - 2816

THERE ARE NO PAGES ASSOCIATED WITH THESE BATES
NUMBERS

cnoli A
his duty at the highest levels of dedication and competence. From November 2003 to March 2004, he worked for SSG min the JIDC at Abu Ghraib. SSG 1111111¦111. stated SPC Cruz was "my right hand man. SPC Cruz's attitude and work ethic were amazing... [SPC Cruz] was and is an outstanding analyst and soldier...was one of my best soldiers...will have no problems with his rehabilitation...anyone who was close to him will tell you the same. SPC Cruz is a soldier who has definitely separated himself from the rest...was by far one of the best soldiers with whom I have ever had the privilege of working." (See Stipulation of Expected Testimony).
In January 2004, SPC Cruz flew to Dallas for 15 days leave. He was given the last available seat on the plane, which was in first class. After having been in Iraq for the better part of nine months, SPC Cruz, true to his moral character, gave his seat to an elderly gentleman on the flight in exchange for the man's coach seat. (See letter from Mr.
Even in such an ordinary, everyday moment, SPC Cruz is thinking of others. In fact, SPC Cruz never told me of this incident. I only learned of it when Mr. SIM e-mailed me after he saw SPC Cruz's case in the news.
E.Military service following the incident and while SPC Cruz was aware of the allegations
and investigation.
According to the testimony of CPT iimmaan Headquarters Service Company, 502nd MI Battalion, SPC Cruz continued to "soldier on" even under the uncomfortable circumstance of being investigated. He stated: "[SPC Cruz] did an excellent job...He is very well disciplined... [How does Specialist Cruz treat his superiors?]...With dignity and respect; it's never wavering... [So, how would you describe his military bearing overall?]...excellent...[His attitude?]... Professional." (TT p. 79 — 81).
SFC also worked with SPC Cruz during this time: "[SPC Cruz]...did all the tasks that we would give him in an outstanding fashion. Everything he did he took some kind of initiative to either make sure it got done or improve... on what we expected...he was an outstanding soldier. (TT p. 69 — 75).
SFC states: "[SPC Cruz] always executed his duties very professionally...he always tries to improve things rather than just go with what's already happening...he's always stepped up." (TT p. 84 — 87).
F. While in confinement.
SPC Cruz continues to comport himself according to the highest moral and military standards. He is now classified with a status of minimum security/trustee. This status is not easily awarded nor earned.
Conclusion
It does not serve the Army's interest to give SPC Cruz a Bad Conduct Discharge because he possesses a superior potential for rehabilitation. I urge you to consider SPC Cruz as a Soldier and person who has always sought to be the best he can be and of the most benefit to those around him. Please consider granting his request for a Chapter1.0 Discharge in lieu of Court-martial or grant him any other relief you deem appropriate. Thank you for your consideration.
3 /4 -Lsaoo
2 C) 0 40 9 T 3
=
Stephen P. Karns
Enclosures
1.
DVD

2.
Good Soldier packet

3.
November 16, 2004 statement by SPC Cruz

4.
Request for Chapter 10

5.
Letter from SSG'''.

6.
Letter fron1111111.111111111111111 LPC

7.
Letter from

8. Letter from allfflaM/111
4
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DOD 001709
REMOVED BATES PAGES 2819 - 2893
(RECORD OF TRIAL - SPC ARMIN J. CRUZ)

(75 TOTAL PAGES)

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

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

AFZF-CG
JAN 18 2005
MEMORANDUM THRU
Commander, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342 Commander, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342
Commander, Headquarters and Headquarters Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342
FOR Specialist Armin J. Cruz, 111111111.111 Headquarters and Headquarters Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq, APO AE 09342
SUBJECT: Action on Matters Submitted Pursuant to Rules for Courts-Martial 1105 & 1106
I personally reviewed and considered all post-trial matters submitted by your defense counsel before taking action in this case.
THOMAS F. METZ Lieutenant General, USA Commanding
002 94
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DEPARTMENT OF THE ARMY
Headquarters, III Corps
Victory Base, Iraq
APO AE 09342-1400

REPLY TO
ATTENTION OF

AFZF-JA-MJ
MEMORANDUM FOR Mr.I Law OfficesI Oft
SUBJECT: Request for Delay for submitting R.C.M. 1105 Matters in United States v. Specialist Armin J. Cruz, Headquarters and Headquarters Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, Ill Corps, Victory
Base, Iraq
Your request for delay, dated 15 November 2004, is hereby granted until 11 December 2004.
NEW
LTC, JA Acting Staff Judge Advocate
14. /300
G64895
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Page 1 of 1
MNC-I OSJA DET OPS
From:
Sent:IMonday, November 15, 2004 19:39
To:
Subject: RE: US v. Cruz 1105
SSG ensmg
Please find attached the Certificate of Service. I would like to request an additional 20 days. I will mail the 1105 matters since I would like to include a short DVD statement from my client's family for the CG. It will be a different statement than the one presented at trial. I assume that the post mark date must be within the filing deadline not when you actually receive it. Also, what is the best to get it to you?
Thanks,
eilill1111111.11110 Attorney at Law
----Original Message
From:
Sent: Sunday, November 14, 2004 12:53 AM
Subject: US v. Cruz 1105
Sir, I just wanted to follow up with you on whether or not you have receive the SJA post-trial recommendation on Cruz in order to submit his clemency maters. Couls you respond to let me know if this is a correct e-mail.
C1)2896

11/16/2004
.

PRETRIAL ALLIED PAPERS 002897
DEPARTMENT OF THE ARMY
Headquarters, Ill Corps
Victory Base, Iraq
APO AE 09342-1400

AFZF-CG . SEP 5 2004
MEMORANDUM FOR Staff Judge Advocate
SUBJECT: DisPosition of the Court-Martial Charges Preferred Against Specialist Armin
J. Cruz
The recommendations of the Staff Judge Advocate are approved. The attached charges and their specifications are referred to a special court-martial empowered to adjudge a bad conduct discharge convened by Court-Martial Convening Order Number 2, dated 14 January 2004, as amended by Court-Martial Convening Order Number 6, dated 24 July 2004.
THOMAS F. METZ Lieutenant General, USA Commanding
002898

AFZF-JA -MJ
SEP 5 2004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq, APO AE 09342-1400
SUBJECT: Advice on Disposition of the Court-Martial Charges Preferred Against Specialist Armin J. Cruz .\. —ACTION MEMORANDUM
1.
Purpose. To forward for disposition, in accordance with Rule for Court-Martial (RCM) 407, the court-martial charges against Specialist Armin J. Cruz, Headquarters and Headquarters Service Company, 502 Military Intelligence Battalion, 504th Military Intelligence Brigade, III Corps, Victory Base, Iraq, APO AE 09342.

2.
Recommendations.

a.
Chain of Command. As reflected on the attached transmittal of court-martial charges memoranda, the soldier's company commander, battalion commander and brigade commander recommended referral to a general court-martial.

b.
Article 32 investigation. The accused conditionally waived the Article 32 on 4 September 2004.

c.
Staff Judge Advocate. Pursuant to the offer to plead guilty, I recommend you refer the attached charges and their specifications to a special court-martial empowered to adjudge a bad conduct discharge, pursuant to RCM 601, and refer the case to trial by Court-Martial Convening Order Number 2, dated 14 January 2004, as amended by Court-Martial Convening Order Number 6, dated 24 July 2004.

3. Staff Judge Advocate Review. In accordance with RCM 406 and Article 34, Uniform Code of Military Justice (UCMJ), I have reviewed the attached charges and supporting documentation. It is my legal conclusion that:
a.
The specifications allege offenses under the UCMJ;

b.
The allegations of the offenses are warranted by the evidence indicated in the attached documentation; and

c.
The court-martial will have jurisdiction over the accused and the offenses
alleged.

4. POC is CPT I11.11110 at
Encls
1.
Charge Sheet COL, JA

2.
Court-Martial Charges Transmittal Staff Judge Advocate

3.
Allied Documents 06'2899

DEPARTMENT OF THE ARMY
Headquarter, 504th Military Intelligence Brigade
Task Force Ready
APO AE 09342

REPLY TO
ATTENTION OF:

AFVQ-CDR
4 September 2004
MEMORANDUM FOR Commander, Ill Corps, Victory Base, Iraq APO AE 09342
SUBJECT: Transmittal of Court-Martial Charges — United States V. Specialist Armin J. Cruz
1. I have reviewed the attached court-martial charges, and allied documents against Specialist Armin J. Cruz, Headquarters and Headquarters Service
Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, Victory Base, Iraq APO AE 09342.
2. I recommend trial by:
( ) Summary Court-Martial
( ) Special Court-Martial
( ) Special Court-Martial empowered to adjudge a Bad Conduct Discharge
lgeneral Court-Martial
g
Encls
nc OL, Commanding
002900

AFZH-MIE-CDR. 4 September 2004
MEMORANDUM THRU Commander, 504th Military Intelligence Brigade, Ill Corps, Victory Base, Iraq APO AE 09342.
FOR Commander, Ill Corps, Victory Base, Iraq APO AE 09342
SUBJECT: Transmittal of Court-Martial Charges — United States V. Specialist Armin J. Cruz
1.
I have reviewed the attached court-martial charges, and allied documents against Specialist Armin J. Cruz,.Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, Victory Base, Iraq APO AE 09342.

2.
I recommend trial by:

( ) Summary Court-Martial
( ) Special Court-Martial
( ) Special Court-Martial empowered to adjudge a Bad Conduct Discharge
Jr
General Court-Martial
Ends
no. M J, MI
mmanding

G02901

DEPARTMENT OF THE ARMY
HEADQUARTERS, 502D MILITRY INTELLIGENCE BATTALION
TASK FORCE RAINIER
APO AE 09342

REPLY TO
ATTENTION OF

.
AFZH-MIE (600-20) 1 September 2004
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Assumption of Command By Authority of 2-8a
The undersigned assumes command of 502d Military Intelligence Battalion, APO AE 09342 (WBVEAA), effective 0001 hours 1 September 2004.
MI g Commander
DISTRIBUTION: 1 — 504th MI Bde 1 - A Co 1 B Co 1 — C Co(P) 1 - HHSC
.
002002

AFZH-HHSC-CDR 4 September 2004
MEMORANDUM THRU Commander, 504th Military Intelligence Brigade, III Corps, Victory Base, Iraq APO AE 09342.
FOR Commander, Ill Corps, Victory Base, Iraq APO AE 09342
SUBJECT: Transmittal of Court-Martial Charges — United States V. Specialist Armin J. Cruz
1.
I have reviewed the attached court-martial charges, and allied documents against Specialist Armin J. Cruz, L._ Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, Victory Base, Iraq APO AE 09342.

2.
I recommend trial by: ( ) Summary Court-Martial ( ) Special Court-Martial ( ) Special Court-Martial empowered to adjudge a Bad Conduct Discharge ()) General Court-Martial

111110
Enols nc CPT, MI Commanding
602903

UNITED STATES OF AMERICA ) CONDITIONAL WAIVER OF
v. ) PRETRIAL INVESTIGATION UNDER) ARTICLE 32, UCMJ
CRUZ, Armin J. )SPC, U.S. Arnpr, ) 4 September 2004
SVC Co., 502 h MI BN, 504th MI BDE )APO AE 09342 )
)
SPC ARMIN J. CRUZ, the accused in the above styled case, hereby conditionally waive an Article 32 investigation in this case, provided that this case is referred to a special court-martial authorized to adjudge a bad-conduct discharge. In the event this case is not referred to a special court-martial authorized to adjudge a bad-conduct discharge, I shall retain the right to have an Article 32 investigation conducted prior to referral to a general court-martial.
This decision has been made after full consultation with my defense counsel. I understand and have had explained to me the purpose of the Article 32 investigation under
R.C.M. '405.
I understand that no charge against me may be tried at a general court-martial without first being investigated at an Article 32 investigation unless I waive that investigation. I understand that I have a right to have that investigation and to have a fair and impartial officer inquire into the truth of the matters charged and to obtain information on which to recommend a
disposition of my case.
I understand that I would have the right to be present at the Article 32 hearing and to be represented by counsel at that hearing. I understand that I would have the right to call witnesses, cross-examine government witnesses, and present documents for the investigating officer to consider. I understand that I would have the right to provide an unsworn statement or sworn testimony at the investigation, or I can choose not to testify at all.
I understand that I would have the right to attempt to have the investigating officer recommend a disposition of the charges other than a trial by general court-martial.
Knowing these rights, I freely and willingly conditionally waive the Article 32investigation in my case upon the terms and conditions set forth above.
ssli
11111111111111816 ¦ 1$H. CRUZr*
.111.
Defense Counsel
, U.S. ARMY Accused
002904

of -ott-ttoort
ATZM-DPS-C 27 May 2004
MEMORANDUM FOR RECORD
SUBJECT: Statement of SGT 1111111111111.4, headquarters and Headquarters Company, Garrison Fort Lee, Virginia
1. My name is SGT 11111111111111111111110, Headquarters and Headquarters Company, Garrison Fort Lee, Virginia. On 24 September 2001, I was assigned to 352" MP Company, 220 th MP Brigade, Gaithersburg, Maryland. On 23 February 2003, I was involuntarily transferred to 372" MP Company, Cumberland, Maryland. On 24 February 2003, my unit was mobilized and on 27 February 2004, 1 arrived at Fort Lee, Virginia. On 16 May 2003, members of 372" MP Company deployed from Fort Lee, Virginia to Camp Arifjan, Kuwait. I remained at Fort Lee in order to undergo surgery. On 21 September 2003, after the surgery, I deployed from Fort Lee and arrived at Camp Arifjan, Kuwait. On 30 September 2003,1 left Camp Arifjan and on 1 October 2003, I arrived at the Baghdad Correctional Facility (BCF/Abu Ghreib). I was assigned to 3" I
platoon of 372" MP Company. My duty assignment was Team Leader. My missions included
escort of detainees from BCF to various courts in Baghdad, as well as escorts of VIPs and
contractors. My quarters were located at 3" I platoon building, approximately 400 meters away
from the BCF hard-site. I was not detailed to conduct any missions at the BCF hard-site.

2.
During the last week of October at approximately 2200 hours I went over to the BCF hard-site in order to speak with SPC MI& my driver. I found SPC MS at Tier lA speaking with his cellmate, CPL NNW When I approached Tier IA, I observed two (2) service members (the first service member wore black PT shorts, brown t-shirt, and shower shoes; the second service member wore DCU pants and brown t-shirt). I perceived both service members to be military intelligence (MI). I saw both MI soldiers handcuff two (2) naked Iraqi detainees to the bars of cells on opposite sides, I then witnessed the same MI soldiers handcuff the detainees together, face to face. The MI soldier dressed in black PT shorts and brown t -shirt approached me and asked me in a sarcastic tone of voice: "Do you think we crossed the line?" or words to that effect. I responded: "I am not sure, you are MI" or words to that effect. The MI soldier then stated that they were interrogating 2 detainees and said; "We know what we are doing," or words to that effect.

3.
Subsequently, both MI soldiers walked back to the detainees, separated them, and then re­cu ffed them to the bars. The MI soldier wearing PT shorts tapped one of the detainees on his buttocks with a plastic water bottle. Then both MI soldiers re-cuffed the detainees together. Throughout this incident, both MI soldiers, via an interpreter, ordered the detainees to confess. When the detainees failed to cooperate, both MI soldiers yelled at them and ordered CPL NOM to yell at the detainees. At this time another MI soldier (wearing DCU pants and brown t-shirt) came in and the others seemed to look to him with respect and sought his approval. I asked him: "Is this how you interrogate detainees?" or words to that effect. The MI soldier responded "there are different ways to get it done," or words to that effect. The MI soldiers escorted the naked detainees around Tier IA.

Ex/ 15 -7

002905

apt-A-(400a-
ATZM-DPS-C SUBJECT: Statement of'SGT11111111111111111111, Headquarters and Headquarters Company, Garrison Fort Lee, Virginia
4.
One of the MI soldiers pointed to the naked detainees and said, "These arc the people who
raped a little boy," or words to that effect. Then SSGUIMIN, I believe, escorted a third
detainee to Tier 1A. SSG- said that this detainee assisted in the rape by holding down
the victim. One of the MI soldiers then told the third detainee to get undressed like the other
two. The new detainee refused. The MI soldiers proceeded to yell at the detainee. Then, one of
the MI soldiers ordered CPL fiNma to tell the detainee to get undressed. The third detainee
undressed after CPL tow yelled at him. Then the MI soldiers ordered all three detainees to low
crawl on the floor. When the detainees attempted to arch up, two of the MI soldiers put pressure
in the middle of their backs and yelled at them to get down. Two MI soldiers then cuffed the
detainees together.

5.
After the detainees were again handcuffed, I walked over and asked the detainee to tell the MI
soldiers what they needed know and that I would try to make the MI soldiers stop. The detainee
stated, through the interpreter, that he would not confess to something that he did not do. I
turned to the older MI soldier and asked him with a raised voice: "Did you all ever consider that
they guys are innocent?" or words to that effect. The MI soldier responded: "I've been doing this
longer than you've been in the military. You know, sergeant, they arc guilty," or words to that
effect. I then turned to walk out and the MI soldier wearing black PT shorts started to sprinkle
water on the detainees from his water bottle. While I was leaving the tier, I also observed one of
the MI soldiers on the upper tier tossing a nerf ball towards the detainees. I also,noticed SPC

standing in the distance and taking photos. I went back to my LSA at approximately
2230. By the time I returned to my LSA, everyone was already asleep.

6. Following morning, at approximately 0530, I along with SPCifilillh and SPC11110, left the
BCF on mission to escort detainees to Rusafa Courthouse. After completing the mission, at
approximately 1600, I went to my platoon leader, 2LTanik, and I described to him the
incident I witnessed the previous night. I informed 2LT IMOthat MI soldiers were
interrogating naked detainees. 2LTO111111110 stated: "They are MI and they are in charge let them
do their job," or words to that effect. I then began to question 2LT about who was in
charge of the facility. 1 further voiced my concerns about our mission and organization. 2LT
Oa* then acknowledged my complaint and indicated that he will address it. Approximately
one week later CPL 11111111" received a written counseling statement from CPT one for use of
excessive force. CPL Milk informed me about the counseling statement and I overheard CPT

UMW indicating that he counseled maws for use of excessive force.
7. Approximately one week prior to the incidents I described above, I spoke with CPL OM.
and I noticed that CPL 4011.1116 voice was hoarse. I asked CPL ON§ why he was hoarse. CPL

Wier stated that OGA and MI were making him yell at detainees and do things that he felt were wrong. CPL did not provide any details. I told him "then don't do it," or words to that effect. He stated that MI soldiers would tell him after an explosion that there are Americans out there dying and unless he helps them get information from the detainees then more Americans will die. CPL UM* then told me that he was taking pictures to protect himself. I told CPL
tiallibto take this issue up his chain of command.
2
b' 157
002906

-out-ttotat•
60
ATZM-DPS-C —
SUBJECT: Statement of SGT 41.1.1.0 Headquarters and Headquarters Company,
Garrison Fort Lee, Virginia

8.
I returned to Tier IA approximately one week later in order to inform one of the detainees of his release date. At this time, I did not observe any unusual conduct by the MI personnel. This was the last time I went to Tier 1A.

9.
In November 2003, while in Iraq, I experienced post-surgery complications. On 2 December 2003, my unit received a Red Cross message informing me that my father experienced a very serious heart attack, I was placed on Emergency Leave statues and returned to Dallas, Texas on 2 December 2003. Subsequently, I returned to Fort Lee, Virginia on or about 17 December 2003 in order to undergo medical procedures.

10.In addition to attempting an on the spot correction, I reported the above-mentioned incident to my platoon leader, l LT After returning to Fort Lee, Virginia I informed the following, among others, of my concerns regarding the incident I witnessed at BCF:
Chaplain 611.1111111110.111. December 2003 December 2003
ISO
•CPT December 2003 CPT January 2004 COL March 2004
•COL X1011111/110111111=0 . March 2004
-COL March 2004
-Chaplain April 2004 Ms. eilIMINIMMONIMMOO April 2004
U.S. House of Representatives Armed Services Committee: April 2004
11. POC is the undersigned (
4111111PIP
SGT,
3
Cy
) S-7 002907
REMOVED BATES PAGES 2908 - 2920
(RECORD OF TRIAL - SPC ARMIN J. CRUZ)

(13 TOTAL PAGES)

DOCUMENTS CONSIST OF SWORN STATEMENTS PROVIDED TO
CID IN CONNECTION WITH THE REPORT OF INVESTIGATION
CONTAINED WITHIN SPC CRUZ' RECORD OF TRIAL

AND REFERRED TO CID ON 31 MARCH 2005

oz9074

CNN.com - Transcripts Page 1 of13
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Shows By Categoiyi I
Raiffia&TranStripts main page
PAULA ZAHN NOW
Who Is to blame for Abu Ghraib? Interview with men who were there.
Aired August 26, 2004 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY
NOT BE IN ITS FINAL FORM AND MAY BE
UPDATED.

PAULA ZAHN, HOST: Who Is really to blame for Abu
Ghraib? Military police? Military Intelligence? Two
mon who were there, 2 different stories.
(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It was told to us that military Intelligence is in charge of this compound.
UNIDENTIFIED MALE: That's probably their only line of defense, to blame everything on military Into
(END VIDEO CLIP)
ZAHN: Tonight, a CNN exclusive: Eyewitness to Abu Ghralb.
Good evening. Welcome. Glad to have you with us tonight. The truth of what happened at Abu Ghrall almost take for granted now. It is tho abuse we've all seen In those horrid pictures.
The truth of how it happened, well, that Is only still becoming clear, thanks in part to the reports out th and independent investigators. They point to failure in leadership far up the chain of command. But tt circle of blame on the ground.
When the pictures first appeared, the story focused on one detachment, the military police assigned prison. Now we know that more than two dozen military intelligence personnel may have been involve
(BEGIN VIDEOTAPE)
ZAHN (voice-over): Under Saddam, the Abu Ghraib Prison was a place where people were tortured I After Saddam's defeat, it became the U.S. Army's own houso of horrors. All too familiar pictures like I
American image In Iraq.
So far, 7 guards from the military police have been charged with mistreating detainees. But defense I military intelligence agents, not the military police, created the atmosphere of abuse.
Nevertheless, testimony has shown the actions depicted in the worst photos had little to do with intell Lynndio England holding a leash, told an investigator this was no more than an effort to persuade a p another cell. The 3 men, hand-cuffed together In a naked tangle, were suspected in the rape a 16-yei prisoners in the human pyramid were thought to have incited a riot in another part of the prison comp
http://cdition.cnn.com/1RANSCRIPTS/0408/26/pzn.01.html 8/30/2004
002921.
CNN,com - Transcripts Page 3 of 13
ZAHN: And where it Mr. Graner in this picture?
DAVIS: Groner has his hand up against the wall In the back of that picture. He has gloves on.
ZAHN: Did ho scorn to bo disturbed by what he was being told to do?
DAVIS: He just seem like he was doing what they wore telling him to do. Ho — it was hard to tell if he lot was going on that night. I had only been in country 21/2, 3 weeks. So, I felt like I had missed som trying to pay attention to what's going on. I'm looking for blatant abuse, someone punching someone, them, something that maybe that would cross the limit with me. Because I wasn't sure where the line especially since military Intelligence said they were Interrogating. I don't know anything about interrog know what roughing someone up is in their books.
ZAHN: Did it strike you that what they were doing was wrong? ,
DAVIS: Oh, yes.
ZAHN: Did you challenge either Mr. Cruz or Mr. Krol?
DAVIS: Earlier In the what they were doing, they walked up to me when I calm on the Tier, Cruz die

we crossed the line? Kind of sarcastically. I said, I don't know. You are military intelligence.
Ho said, well, you are the MP.
I said, well, I'd have to say yes. In a question form thinking, what have I walked into. What am 1 seein
He said, that's right, we're military intelligence, we know what we're doing.
ZAHN: So, the signal that sent to you was what? Don't say anything else to me?
DAVIS: Correct.

Plus not wearing rank or knowing who they were, there's no telling who they were, what rank they we

ZAHN: So, what was the next step you took after witnessing what you allege was acts of degrading b
part of the guards towards those detainees.
DAVIS: The following day we — I ran my missions because we were — my teams were in charge of ru

Which was off site, outside of the compound. We would run into Baghdad and take detainees to cour

Well, coming back from the missions, my lieutenant was out back of our living facility. And I said, sir,
you. And we started to talk.
And I said, military intelligence Is doing some weird things to naked detainees over at the hard site.
He said what?
I said they are interrogating naked detainees and It's pretty weird.
And he said, that's military intelligence. They are in charge. Stay out of their way.

ZAHN: And who was this you spoke to?
DAVIS: My lieutenant, which is my platoon leader, Lieutenant Raider (ph).
ZAHN: I actually have a quote from your platoon leader when asked about some of your allegations..

quote, I don't recall my specific conversation with Davis, but no one reported to me any Incidents of a
DAVIS: mm-hmm.
ZAHN: Are you saying he's lying?
DAVIS: I can't say he's lying, bocauso if he doesn't recall a conversation, how does he recall what ox

And if I'm saying they are doing some pretty weird things with naked detainees, how do you call it abi that's proper interrogation techniques. You don't know if it's abuse. And who knows if he know that or
GV292Z

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CNN.com - Transcripts Page 2 of 13
Yet a Pentagon investigation has found rallitary intelligence personnel, M.I. in shorthand, set the tone
the abuse. Often joining In the interrogations. MAJ. GEN. GEORGE FAY, U.S. ARMY: There were a few pictures that had military intelligence soldi them, and we do find instances where some military intelligence soldiers participated in the actual ab
ZAHN: Intelligence agents, none of them charged, could be seen In this picture of the rape . suspects the floor. One was Roman Krol, a young reservist from Massachusetts. We'll talk with him in this hots only an onlooker. Not so, says Sergeant Kenneth Davis, a guard. Ho tells us, M.I. orchestrated the at
Abu Ghraib has become both a horror story and a mystery. How much more Is yet to be told?
(END VIDEOTAPE)
ZAHN: And joining us now, former Army Reservist Kenneth Davis who says he saw naked detainees

at Abu Ghraib, and says military intelligence agents led and directed the abuse. Welcome.
KENNETH DAVIS, FRM. ARMY RESERVIST: Thank you, Paula.
ZAHN: Based on your experience at Abu Ghraib, how clear was the chain of command? .
DAVIS: It was very unclear. It was very confusing. As MPs, we're used to being in charge, but when

military Intelligence is In charge of you, it makes a confusing site.
ZAHN: How did it work on any given night? How were orders made?
DAVIS: I'm not sure how the orders were made, but I what I know is every time we'd question some

who was in charge, it was explicit. It was told to us, military intelligence is in charge of this compound
ZAHN: Who would you ask that of?
DAVIS: Either our lieutenants or our captain, anybody that would number the chain of command, eve

sergeants would know. That's who Is in charge of this place, because they make it very evident.
ZAI-IN: When is the first time you saw something that you thought was morally reprehensible and not

the Geneva Conventions? DAVIS: Being unaware of what the Geneva Conventions actually say, boc
been trained on the Geneva Convention, it would have been October 25, the night I walked up on Tie
ZAHN; Describe to us what you saw?
DAVIS: As I walk over to the tier, I saw who I thought was two MI, military Intelligence officers, agent:

the tier interrogating 2 naked detainees.
ZAHN: We're looking at that picture now.
What do you allege Is happening now?
DAVIS: This is well after they had already done other things. Now 3 detainees are handcuffed togethi

middle of the floor screaming, because the MI would be positioning them in different positions. And tF
ZAHN: Where are you standing?
DAVIS: I am number 2 In that picture.
ZAHN: And number t you to allege is whom?
DAVIS: Is Krol, Specialist Krol. And then number 3 is Specialist Cruz, who are military intelligence.
ZAHN: And do you allege that they were directing this kind of treatment of the detainees, or just obse
DAVIS: They were definitely directing, because when they brought in the third detainee, ho still had o

Jumpsuit on and they Instructed him to take It off through the interpreter. He refused, They instructed
refused again. And they look at Graner, he said Groner, he's refusing to take off his clothes, make hi:
ZAHN: So, you are saying both of those military intelligence officials at the some time told Soldier Gri
DAVIS; Yes.

G 329 3

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ZAHN: Mr. Krol vehemently denies he participated In the abuse. He says ho witnessed it. He was an

did not direct the abuse.
DAVIS: It's all on video. Is all in pictures, And he's in a lot more pictures than I or even Rivera, who
military intelligence analysts, was In as well.

ZAHN: As a man of deep faith who carried pockot Bibles with him around in Iraq, occasionally sharini

children in Iraq, how haunted are you by what you witnessed at Abu Ghraib?
DAVIS: It hurts. That's not what I went over there for. I didn't go over there to see abuses. I went over
people. Help an Iraqi people that were now free.

But when you see this going on. And then you see a prison riot where detainees arc shot inside their them die and one of them Is dropped at your feet, it changes you. You aro wondering why am I even what America brought me here for.
I really don't believe that a lot of soldiers wont over there with the intention to hurt anybody. My bigger to let me shoot an Iraqi. Don't lot me shoot anybody's son or anybody's daughter or anybody. I just w. there and help these people.
And then you see this and you get confused thinking, why am I really here? And so that's what I live
ZAHN: How troubled are you by the fact that you weren't able to stop it?
DAVIS: Very troubled.
ZAHN: As you look back and place yourself In that prison on various occasions, do you think there wr

could have done that would have stopped the madness?
DAVIS: Knowing what I know now, yes. I could have apprehended them all on the spot.
ZAHN: And you would have had the power to do that.
DAVIS: With what I know now, I would have.
ZAHN: Ken Davis, thank you very much for joining us tonight. Appreciate your sharing your painful of

us.
DAVIS: Thank you.
(END VIDEOTAPE)
ZAHN: And the allegations you just heard leveled against former military intelligence Specialist Rome

and cony severe penalties. When we come back, I will ask Roman Krol about those allegations in an
interview.

(COMMERCIAL BREAK)
ZAHN: We aro talking tonight about the abuse at Abu Ghraib prison in Iraq. And for the first time on tr
about to hear from a member of military intelligence who was there. Roman Krol was an interrogator
prison. He joins us now in this exclusive interview. Welcome. Thanks so much for joining us.

ROMAN KROL, FORMER ABU GHRAIB INTERROGATOR: Thank you for having me, Paula.
ZAI IN: Our pleasure. So you were assigned to the prison for six weeks, and there are two brand new

week who describe the abuse that went on as freelance at the prison, much like the atmosphere of "/
that a fair characterization based on what you saw?
KROL: I would have to say yes. Major General Fay's report is very accurate. I would — I'm very impre

actually. Especially tho part about the atmosphere in Abu Ghraib. It was very well defined.
ZAHN: Describe that atmosphere to us tonight.
KROL: Well, lack of personnel, for one. The MPs, their Job is to escort a prisoner to the cell and from

interrogation. Handcuff the prisoners and guard them. And because of the lack of MPs, MI personnel that.
002924

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CNN.com - Transcripts Page 5 of 13
ZAHN: Were you forced to do that?
KROL: I was forced to walking prisoners to the Interrogation booth and back.
ZAHN: So you were put Into a position where you were physically handcuffing detainees?

KROL: Yes, I was.
ZAHN: Is that something you were trained to do?
KROL: No, I wasn't.
ZAHN: We're going to go through a series of pictures now so the audience can better understand mo

witnessed. Up on the screen now, you'll see a picture of Lynndie England with a detainee on a leash.

KROL: Yes.
ZAHN: Describe to us your reaction when you say you stumbled on to this scene.

KROL: One word, Indifference.
ZAHN: Indifference?
KROL: Yes.
ZAHN: Were you shocked?
KROL: No.
ZAHN: Why indifference?

KROL: It might sound strange, but during the wartime, I was not shocked. If this happened at peacoti country maybe, and I haven't seen a lot of war, It would probably shock me. But back then, I didn't fei
ZAHN: So you weren't troubled on any level?
KROL: No. I wasn't.
ZAHN: You didn't think anything was wrong with this treatment of detainees?
KROL: Well, I thought something was wrong, but It wasn't my business. It was not my soldier. It was

That's what I did. I just walked by.

ZAHN: When you look back on that now and reflect on how you felt at the time, as a human being, ar disappointed in yourself? KROL: You can say that. But now It's all different. Now I'm back in the States. There's no war going a
different.
ZAHN: And as you look at that picture tonight, what are you thinking?
KROL: It's wrong, but It happened.
ZAHN: Let's fast forward to another picture. This picture taken In October, not long after you were asi

Ghraib prison. Describe to us what we're looking at here.

KROL: We have three detainees on the floor. They are stripped of their clothes. They are handcuffed
here. I'm not sure who this is, and I'm not sure who the guy in the green uniform is.
ZAHN: We're going to look at this scene now from another angle...

KROL: OK.
ZAHN: ... where we have you clearly Identified by a number.

KROL: Yes, yes, this is me right there.
G02925

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CNN.com - Transcripts Page 6 of 13
ZAHN: Number 2. And Mr. Cruz is number 3.
KROL: I don't see number 3...
ZAHN: This is Charles Groner over here, number 1.
KROL: I believe so. OK.
ZAHN: Do you think that the treatment of those detainees that night was appropriate?
KROL: No, no, I do not think so. It was definitely inappropriate. It was definitely humiliation. It was Jus
ZAHN: But that night you didn't think that way.
KROL: The reason why, I asked the MPs why are they — people being treated that way. They said th ,

boy. My feelings were a little different. Basically, the reason... ZAHN: So because of how venal that alleged crime was, you thought these detainees deserved It? KROL: I didn't think they deserved it. I didn't think they didn't deserve It. I was also Indifferent back thi
reason why I ended up thorn, because I went to talk to one of my prisoners that were assigned to me second floor, and I took my Interpreter, which Is — I don't believe he's pictured hero, and Analyst Cruz be this guy right there, but I'm not sure. ZAHN: That's correct. KROL: That's correct? ZAHN: OK. So once again, you are right here... KROL: I'm right here. ZAHN:... and Mr. Cruz is there... KROL: And I'm not sure if this is Cruz, but...
ZAHN: ... and this Is Ken Davis, a military police officer. The two of you on the right are with military II KROL: That's correct. And myself and Cruz went to talk to one of the prisoners that was assigned to t the second floor. The same block that you are looking at right now. And wo talked to thorn, and we lo we see pretty much this, which you can see on this picture. I'm not going to go into details and descri happened there, even though I was there for about an hour, for a good hour.
ZAHN: We have also spoken with Ken Davis, who was this military police officer on duty that night. KROL: OK. ZAHN: And he describes the scene quite differently. KROL: OK. ZAHN: Ho says that you and Mr. Cruz directed the treatment of the detainees, and you two were the handcuffed the detainees. KROL: Not — did not happen, because neither myself or Cruz are In position to order anything like thi handcuff detainees while the military intelligence — military police present, excuse me. ZAHN: So what you are saying, going back to what you said earlier is the only time you claim handcu handcuffed detainees when you were alone. KROL: Because of the lack of the MPs. ZAHN: What about his accusation that you two directed Charles Groner to get tough on these detain( refused to take their clothes off. KROL: When I arrived there, they wore naked. So I don't see how that accusation can be considered ZAHN: Why would he say that? Why would ho make that up?
OU4U 4 k)
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KROL: I have no idea who Davis is, actually, even looking at this picture, I couldn't Identify him. Mayt myself or Cruz for another person. I don't know. Maybe he's trying to help a friend. I have no idea wit; (UNINTELLIGIBLE) testified, I believe in his testimony, he did say that he arrived and the detainees v naked, handcuffed, on the floor, and the same thing happened.
ZAHN: Roman, If you wouldn't mind standing by, we want to hear much more of what you have to str We're going to take a short break and continue our conversation on the other side. We'll be right bad
(COMMERCIAL BREAK)
ZAHN: Welcome back. Thanks so much for staying with us. We continuo an exclusive conversation 2 inside Iraq's Abu Ghraib prison. My guest is Roman Krol who was an interrogator at the prison. WCICI Before we went to the break we talked about what some of your early exposure was to Abu Ghraib. ti
Lynndie England with a detainee on a leash. You said you were quite indifferent about it that night. Y. tonight.
KROL: Yos.
ZAHN: But what about the picture of the three detainees who are naked on the floor and you are sort
above them with sort of no expression on your face.

KROL: Yes, as you can see, I do have no expression on my face, It's — I have very accurately desalt
just plain indifference. I found out what those people did, and I was just indifferent. Just completely in
ZAHN: So you — In your heart, you made no attempt to stop the treatment of these prisoners?

KROL: No.
ZAHN: What about your understanding of the Geneva Conventions at that time, which bars not Just tc
inhumane or degrading treatment?

KROL: Military Intelligence have their rules of engagement for interrogations. And every interrogation
within those boundaries. I never went out of boundaries during interrogation. Now what happened he
directed by MPs. I would assume that.
ZAHN: And, of course, the accusation by Ken Davis Is that you and your colleague, Mr. Cruz were dii
activities hero.

KROL: He's wrong, of course.
ZAHN: Why is it do you think then In the conclusion of both of these reports that came out this week
come down pretty hard on military Intelligence officers, and you've got attorneys out there representir
soldiers who have boon charged so far basically pointing at you guys.

KROL: That's probably their only line of defense, to blame everything on military intelligence. They hr defense to base it on. What else can they say?
ZAI IN: But was it really clear who was in charge on most nights when you did your job?
KROL: It's very clear who was in charge when. For example, military intelligence is in charge of prise
being Interrogated...

ZAHN: Now these prisoners weren't being interrogated.
KROL: These prisoners are not Intelligence value, those prisoners are not being interrogated, and no

people talked to thorn. That's me, myself, Cruz, and Rivera, I don't believe Rivera talked to them at al
did not talk to them so that's not Interrogation. We did not...
ZAHN: But why were you there?
KROL: Well...
ZAHN: Did you need to be there?
KROL: I explained why I went there, to talk to one of my prisoners, and I just — I stood there like a mc

admit that. Rivera said the same thing, I believe. I'd like to say the same thing about Cruz, probably, t
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other reasons to do it.
ZAHN; I'm interested in hearing you say that you thought there were clear lines of delineation betwee police were supposed to do and military intelligence officers because one of the criticisms of the Pent out in these reports is the fact that they didn't think the Pentagon gave you clear enough guidelines ft and sometimes that the chain of command within the prison was confused.
KROL: The Geneva Conventions for the interrogation was pretty clear. No physical abuse of prisoner say to a prisoner he's going to be tortured or basically general dislike and everybody stayed in those
SUM
ZAHN: So you deny ever physically abusing a prisoner?
KROL: Of course.
ZAHN: Did you see any of your colleagues?
KROL: Military intelligence, no.
ZAHN: Hurt a prisoner?
KROL: Hurt a prisoner? No.

ZAHN: So why are there so many accusations flying out there that it was your guys' fault that it turner

they were taking orders? Attorneys for some of these seven soldiers are saying quite pointedly... KROL: I understand — people that are — for example, Groner, I believe he's a sergeant and myself ar specialists. He Is a higher rank than us. We physically cannot give him orders. Legally we cannot givr do anything. OK, just, in our position, we cannot give order to anybody to do anything.
ZAHN: How many nightmares have you had about what you witnessed at Abu Ghralb and what you
accused of?
KROL: None.
ZAHN: You are at peace?
KROL: Yes.
ZAHN; With what you saw on one hand but troubled that you didn't react in a more aggressive way o

KROL: Yes, that's correct. That's exactly what I feel.
ZAHN: Is it hard for you?
KROL: I'm trying to forget what I saw back in Iraq. I think I can manage it.
ZAHN: Are you worried you're going to be charged?

KROL: Of course, I'm worried about I'm going to get charged.
ZAHN: Do you think you will be?
KROL: I think so, yes.
ZAHN: You think you will be charged?
KROL: I probably will be charged on not reporting information.
ZAHN: And how will you confront that charge? How do you plan to fight that charge?
KROL: I can't.
ZAHN: You can't? What do you mean?
KROL: Well, I was a witness of what you saw in the picture and there's nothing I can do about it, and

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ZAHN: So you are prepared to spend time in prison for what you describe as your Indifference?
KROL: If the penalty for not reporting Information that I saw is prison, then, yes.
ZAHN: And do you understand the outrage in the world about the kind of abuse that took place at Ab' Of course, I understand the outrage. What else can I say? I am Just happy that I wasn't directing the participating in it. Basically, by not reporting it, I know I also did the wrong thing, but people that were pictures are my buddies also. Some of the MPs were my friends, they were my buddies. And also by information, I guess, you can say by reporting the information I understand that would probably get th trouble, that they are in right now. And one of their own people wont public with the photos, of course know.
ZAHN: And now you are fully expecting to face a prison sentence, basically, because you were trying are saying, your colleagues under very difficult conditions.
KROL: That's not the main reason why I didn't report the information, but that was part of the reason. same team, even though there were military police and military intelligence, but we work together. An that they did were very disgusting. That was one of the reasons why I did not report the information y
ZAHN: Roman Krol, thank you for spending time with us this evening and telling us what you saw at
KROL: Thank you.
ZAHN: Good luck to you.
When we come back, the perspective on the events at Abu Ghraib from a reporter who has been folk from day one.
(COMMERCIAL BREAK)
ZAHN: It will take some time to get a complete and accurate picture of what happened at Abu Ghraib
heard tonight was chilling. I was struck by the tragedy of two young men confronting a situation even
were neither emotionally nor professionally prepared for. Small wonder, then, that so many investigat
trouble getting to the truth.

With that in mind, we turn to a Journalist who has written extensively on the abuse at Abu Ghralb, In Angeles Times" national security correspondent, Greg Miller. He is the co- author of a new book colic Interrogators: Inside the Secret War Against al Qaeda."
Welcome, Greg. You have just heard these two men tell their story. Where does the truth lie?
GREG MILLER, L.A. TIMES: Paula, to me this shows you just how tangled this story is still, and It prc some time. I mean, those two accounts from these two soldiers that you interviewed tonight, as gripp they are somewhat contradicted by the Fay report. Davis says because the Fay report says — conclui description of this incident that MI was not controlling or directing this behavior, and Krol's because tY concludes that two military intelligence troops took part in the abuses last night, and other sources In was one of them.
ZAHN: Specialist Krol, as you heard, adamantly denied he had anything to do with neither directing o We have a statement for the lawyer for Specialist Armin Cruz, quote: "we adamantly deny that Speck orchestrated anything." Your response.
MILLER: There — the third military Intelligence soldier who was there last night is Specialist Rivera, al different version of events. He has described Krol having taken part in the abuses by climbing up on balconies In the tier and throwing footballs at the detainees, and Cruz of dumping water on the detain them. So there are contradictions all around hero.
ZAHN: The two gentlemen also contradicted each other's accounts of the chain of command. Mr. Hal hand suggesting that it was a very confused situation. The last guest, Roman, saying that that wasn't military police knew what they were supposed to do. They were in charge of the prison. The MI guys the interrogations. You see a lot of gray area there, don't you?
MILLER: There's a lot of gray area there. It certainly doesn't look like anybody was totally in charge o I mean, one of the striking things to me, having written a book about a prison in Afghanistan, is just tF much greater here. In Afghanistan, the largest prisons held 600, 600 prisoners at most, and at Abu G many as 0,000. It was just a much more chaotic and large and sort of amok facility than anything I thl prepared for.
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-
_
ZAHN: I know this Is early on, and everybody's accounts of what they believe went on In this very chs whore should most of the blame be pointing right now?
MILLER: That's a tough question. I think that the Fay report makes it clear that this is no longer a cas can describe this as confined to a few bad apples taking advantage of their freedom on the night shill also says that there was no indication in many of these Instances that this was being ordered or direr mean, I think that what has to happen now is Just — the Pentagon and other agencies need to really s to reach some — arrive at some new policies that achieve some clarity that eliminates the possibility c a confusing environment in the future.
ZAHN: Just a final thought, a very personal reflection on the tragedy that both of those mon confront account you buy into.
MILLER: Well, it's, you know, one of the things that I try to keep in mind as we write these stories is, r many readers and many of your viewers think about this as well. What would we have done in those hard to know. We saw Krol tonight talking about feeling indifferent toward this. He told me much the interview recently several months ago, where he talked about he didn't report It because he simply di.
And that's hard to understand. But when you talk to people who have worked In these prisons, you se these are debilitating places to be, especially over a long period of time.
ZAHN: I think both of the gentlemen made that clear this evening. Greg Miller, thank you for your add We appreciate your limo tonight.
MILLER: Thank you, Paula.
ZAHN: Just ahead, we move on to politics, as New York braces for the GOP's big show, and the den
are coming with it. That story when we come back.

(COMMERCIAL BREAK)
ZAHN: Well, if you are counting, we are 68 days from the election. In a CNN/"USA Today'/Gallup poi shows President Bush and John Kerry still locked in a statistical dead heat. We aro also, of course, is from the Republican convention here In New York, which was the subject of another poll. This one frc University. Well, the survey found President Bush has an approval rating of only 25 percent among N Those same New Yorkers apparently think more highly of themselves. 77 percent of them expect No ,
good hosts for the convention. Still, not everyone is planning such a warm welcome. Maria HInejose I
(BEGIN VIDEOTAPE)
MARIA HINOJOSA, CNN CORRESPONDENT (voice-over): In New York City, not all protests look al
A group of women shoot this video as they sneak Into Grand Central Station to send a very public mc
UNIDENTIFIED FEMALE: It seems like people wore so overjoyed and relieved to see those words gc
HINOJOSA: An anti-Bush punching bag standing on a street corner. Self-described anarchists hoidin meetings. A little flower store turned political rallying spot.
(on camera): What are you hearing from New Yorkers? Are you hearing New Yorkers saying, "I want that protest" or are you hearing New Yorkers saying, "I'm getting away."
UNIDENTIFIED MALE: No. The majority of them are going to be there, I think.
HINOJOSA: In a city where Democrats outnumber Republicans, 5 to 1, protesters want to send a me like those, pro- choice, gay-friendly, anti-war, have nothing in common with Republicans. But inside tl the Republicans aren't buying into the caricature being painted outside. They are taking advantage 01 imago of New York, where many top Republicans are Democratic converts and whore party labels dc
RUDOLPH GIULIANI, FMR. NEW YORK MAYOR: I believe one of the things we can accomplish is h demonstrate how broad the Republican party really Is.
HINOJOSA: Former Republican Mayor Rudy Giuliani is one of the convention's top speakers. Once I has a history of taking more moderate stances on conservative issues.
GIULIANI: There are a substantial number of Republicans who you would describe as moderate Rep
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that's probably the best way to describe them but who have some very, very strong conservative viev economy, on national defense. But on social views we tend to be moderates.
HINOJOSA: The "we" Giuliani Is talking about includes Michael Bloomberg, another Democrat who b Republican and then became mayor of Now York. And there's the state's moderate Republican Gove Pataki. Both will be convention speakers.
GOV. GEORGE PATAKI (R), NEW YORK: I've got elected three times in the state of Now York beta Independents and enough Democrats believe that these principles and policies work for them, too.
HINOJOSA: Going after so-called swing voters means showing that Republican delegates Inside the can address some of the Issues the protesters are raising outside,
GEORGE ARZI, POLITICAL CONSULTANT: It might be a way In which to leverage opposition and tc people, the protesters out there. Because I don't know what these people out thorn are protesting ator these moderates we have Inside.
, . HINOJOSA: But demonstrators want to send a message of their own that no matter how moderate a be, it's not enough.
BILL DOBBS, UNITED FOR PEACE AND JUSTICE: The Republicans have brought us four years of civil liberties, immigrant round-ups and now many of us are going to be marching under the banner, tl to the Bush agenda.
HINOJOSA: So as the opposition welcomes protesters to town, the Republicans are rolling out a mor Imago.
ARZI: If you look at the Images outside, with all the protestors and you look at the images inside with the Karl Rove types will try to tell you, you see, we are much more moderate than people are trying tc
(END VIDEOTAPE) ZAHN: And that was Maria Hinojosa reporting for us this evening. And just one v President Bush accepts his party's nomination for the second time. You can see live prime-time cove Republican National Convention in New York starting Monday night right hero on CNN.
Coming up next, a tale of two JFKs, The surprising connections you may not know.
(COMMERCIAL BREAK)
ZAHN: John Fitzgerald Kennedy, John Forbes Kerry. They share the same initials. They're from the both served in the Navy during wartime and they both wanted to be president.
Well, after Kennedy achieved his goal, he made quite an impression on Kerry, even in person 42 yea
(BEGIN VIDEOTAPE)
ZAHN (voice-over): On an August day in 1962, President John Fitzgerald Kennedy is sailing off Newl One of his passengers Is 18-year-old John Forbes Kerry. It is tho summer before Kerry starts at Yale Janet Auchincloss, Jackie Kennedy's half-sister, Auchincloss invited Kerry to Hammersmith Farm wh married Kennedy nine years before.
The politically active Kerry idolizes Kennedy. They chat. They board the 60-foot Manitou for a cruise r (UNINTELLIGIBLE). A few weeks later, Kerry is Invited back, this time to watch an America's Cup rat President Kennedy is there and again they have a private conversation.
"Thank you for a very unforgettable and exciting time," Kerry later would write the president. "I am, to ardent Kennedy supporter." Indeed he was like so many young Catholic men from Massachusetts. K' political speech in a prep school debate was in support of Kennedy's 1960 presIdential run. Kerry yob Kennedy's first Senate campaign in '62. And when the president campaigned for Democrats In Conn4 Kerry was in the crowd, a crowd peppered with disruptive hecklers.
JOHN F. KENNEDY, FMR. PRESIDENT OF THE UNITED STATES: But they will learn as this count' the Democratic party Is best for them as it Is for the country.
ZAHN: Kerry, in this October 1962 letter, apologizing for the, quote, "deplorable behavior of some of i undergraduates hero at Yale." The young Kerry added, "it Is possible that you personally wore not bo happened here, but the Insult was made and there is no one here who is not now conscious of it."
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A year later, President Kennedy was dead.
LOUIS DINATALE, UNIVERSITY OF MASSACHUSETTS: Kennedy's shadow on Massachusetts has been big for 30 or 40 years. ZAHN: Political science professor Lou Metal() describes Kennedy as th the Democratic party.
DINATALE: Celebrity, good looks, coat over the shoulder, loosened tie around the neck, You know, tI for Democrats and it's also a standard because It was unfulfilled.
ZAHN: After the late president's brother Bobby also fell to an assassin, Ted Kennedy became the ata the family mystique and eventually Kerry's mentor. The senator backed his first and unsuccessful run 1972. The two men have stood side by side for two decades In the Senate, and this year, Kennedy pl Kerry's presidency.
SEN. TED KENNEDY (D), MASSACHUSETTS: Let's give him a groat Waterloo reception!
ZAHN: Kerry seems to be tapping into that JFK playbook, sometimes literally following his footsteps, same West Virginia diner Kennedy visited 44 years ago.
KERRY: Well, we're going to get to work on it.
ZAHN: Kennedy had PT 109, the small boat he commanded in the Pacific during World War II, swim saving a man after being rammed by an enemy warship. Kerry has PCF 94, the Swift boat he comme saving a man and winning five medals in combat. Each a decorated veteran when he ran for preside' would make America safer than the Republican Incumbent, whether against the communists or the to
DINATALE: The campaign actually is evolving precisely the way the 1900 campaign evolved, which i using his war record is finding himself Is fighting the fight in the middle of the political spectrum, am a squeaker of an election just like Kennedy was in '60.
ZAHN: Many Democratic presidential candidates before Kerry have tried to capture the magic of JFK Whether through personal or political inadequacy, most of those efforts have fallen short except the r year-old at this White House handshake.
For John F. Kerry the Kennedy era was a sort of golden ago and he hopes that tho imagery and the
for him this year.
(END VIDEOTAPE)
ZAHN: For more on the imprint that John Kennedy loft on John Kerry; I tun joined from Washington b biographer Laurence Leamer. His most recent book is, "Sons Of Camelot, The Fate Of An American good to see you.
So the similarities In the two JFKs are certainly hard to ignore. But there are some very distinct differ( there? LAURENCE LEAMER, KENNEDY FAMILY BIOGRAPHER: Yes, there certainly are. The Idea some ways It's very similar in that they are both authentic heroes, although there have been aspersio of them, JFK during his lifetime as well. They both saved one of their sailors. They both deserve the r but the motivation is very different.
John F. Kennedy was a kind of reluctant hero. When his boat was cut In half by a Japanese destroyo his men. He wasn't too comfortable with being called a hero. John Kerry, he's more like JFK's older b was the anointed, tho golden one in the Kennedy family. He was brought up to be president of the Ur thought he would be president. Ho was opposed to World War II, but he entered because he thought president, I've got to be a hero. So he was a self-conscious hero and he sought the here's medals an mouth and in the summer of 1944, he volunteered for a very risky mission and he was killed. And tha more similar case.
ZAHN: Laurence, when you see pictures of John Kerry with Tod Kennedy, for example, you are left +.4 that they are close. But it hasn't always boon that way, has it?
LEAMER: No, I mean Ted Kennedy is an 800-pound gorilla in Massachusetts. He doesn't like anybor light, and in the — during the early years, I mean, ho was not too comfortable on Kerry and Senator K Issues that, you know, didn't get him too close to Kennedy. Kerry wasn't going to have medical issuer wasn't going to get in the same way. Now, Senator Ted Kennedy sees the election of Kerry as being triumph. If he can't be in the White House, this is as close to him being In the White House as he can
ZAHN: How much do you think John Kerry has studied the life of John F. Kennedy?
G02932
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002933
RECORD OF PROCEEDINGS OF COURT-MARTIAL
RECORD OF TRIAL OF CRUZ, Armin J.
SPC
(Name: Last, First, Middle Initial) (Social Security Number)
(Rank)
HHS, 502d MI Bn 504th MI Bde U.S. Army

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

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

on 11 September 2004
(Place or Places of Trial)
(Date or Dates of Trial)
INDEX
RECORD
Article 39(a) Sessions
R-2
Introduction of Counsel
R-2
Challenges
R-N/A
Arraignment
R-10
Motions
R-N/A
Pleas
R-11
Prosecution Evidence
R-13
Defense Evidence
R-N/A
Instructions on Findings
R-N/A
Charge(s) dismissed
R-N/A
Findings
R-61
Prosecution Evidence
R-62
Defense Evidence
R-63
Sentence
R-152
Appellate Rights Advisement
R-151
Proceedings in Revision
R-NA
C 02934

TESTIMONY
DIRECT/ CROSS/ COURT NAME OF WITNESS REDIRECT RECROSS
PROSECUTION:
None.
DEFENSE:
SFC
69 CPT 013111MMIIIIIIIONik 76 SFC
83 1SG 1111.111111111111111111101 88 SSG 01111011.111111111116•11
92 SSG 16111.111111111111.416 93 Accused (unsworn) 106
COURT:
None. EXHIBITS ADMITTED IN EVIDENCE
NUMBER OR LETTER DESCRIPTION
1 Stipulation of fact 2 ERB
A Certificate of appreciation B Excerpts from AR 15-6 investigation C Good soldier book D Family video E Stipulation of expected testimony F Stipulation of expected testimony G Stipulation of expected testimony
PAGE WHERE OFFERED ADMITTED
13 16
62 63
63 64 63 64 63 64 64 66 103 105 103 105 103 105
GO2935

APPELLATE EXHIBITS

I Request for military judge alone 8 II Offer to plead guilty 46 III Quantum
46 IV Post-trial and appellate rights
151
iii
PROCEEDINGS OF A SPECIAL COURT-MARTIAL
The military judge called the Article 39(a) session to order at
4 0923, 11 September 2004, pursuant to the following orders:
5
6 Court-Martial Convening Order Number 2, Headquarters,
7 III Corps, Victory Base, Iraq, dated 14 January 2004, as amended by
8 Court-Martial Convening Order Number 6, dated 24 July 2004.
9 [END OF PAGE]

1 CO2937

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

COURT-MARTIAL CONVENING ORDER 24 July 2004 NUMBER 6
The following personnel are detailed as members of the special court-martial convened by Court-Martial Convening Order Number 2, this headquarters, dated 14 January
2004:
COL 3d Sig Bde
LTC , SC, HHC, 57th Sig Bn
COL HHC, Ill Corps
LTC HHC, III Corps
LTC HHC, Ill Corps
VICE
COL , HHC, Ill Corps
COL HHC, III Corps
LTC HHC, Ill Corps
MAJ , AR, HHC, III Corps
MAJ HHC, III Corps
Relieved permanently.

BY COMMAND OF LIEUTENANT GENERAL METZ:

DISTRIBUTION:
Each individual indicated (1)
Cdr, Ill Corps (SJA) (1) Chief, Criminal Law Division
Record Set (1)
Reference Set (1)

0 02938

DEPARTMENT OF THE ARMY
Headquarters, III Corps
APO AE 09342-1400

COURT-MARTIAL CONVENING ORDER 14 January 2004NUMBER
A special court-martial is convened with the following members:
COL , 504th MI .Bde
COL , HHC, Ill Corps
COL HHC, Ill Corps
COL ,HHC, III Corps
COL HHC, HI Corps
LTC , TC, HHC, Ill Corps
LTC HHC, HI Corps
LTC HHC Corps
MAJ , AR; HHC, III Corps
MAJ , HHC, Ill Corps

In the event an accused requests that the membership of the court-martial include enlisted persons, the following members are detailed to the special court-martial convened by this order:
MEMBERS
HHC, III Corps CSM. 504.th:MI . Bde SGM. HHC, Ill Corps MSGMiimmun
c, 89th Bde MSG. , HHC, 3d Sig Bde
VICE
COL. HHC, III CorpsCOL. , HHC, III CorpsLTC. HHC, III Corps LTC. HHC CorpsMAJ. HHC, Ill Corps
Relieved only for trials in which an accused requests that the membership of the court-martial include enlisted persons.
BY COMMAND OF LIEUTENANT GENERAL METZ:
DISTRIBUTION:.
4111111111.1111.01111111111111111* Each individual indicated (1) MAJ, JA Cdr, III Corps (SJA) (1)
Chief, Criminal Law Division
002939

1O

MJ: Court is called to order.
2O

•

TC: This court-martial is convened by Court-Martial Convening
3 Order Number 2, Hndquarters, III Corps, dated 14 January 2004, as
amended by Court-Martial Convening Order Number 6, same headquarters,
5 dated 24 Zuly 2004, copies of which have been furnished the military

•
6 judge,'-counsel and the accused and which will be inserted at this
7 point in the record. The charges have been properly referred to this
8 court for trial and were served on the accused on 5 September 2004.

9O

The prosecution is ready to proceed in the case of United
10 States versus Specialist Armin J. Cruz.
11.

The accused and the following persons detailed to this
12 court are present:
13O

COLONEL AOMMIIMMit, MILITARY JUDGE;

14O

MAJOR OINIIMMIIIIIMO, TRIAL COUNSEL;
15OCAPTAIN.

ASSISTANT TRIAL COUNSEL;
16OMR.

1111111.111111.110, CIVILIAN, DEFENSE COUNSEL; and
17O

CAPTAIN OMMOMMO1ON4 ASSISTANT DEFENSE COUNSEL.
18O

The members are absent. 19OSergeant First Class OimiNEMMOMMIIMMO
has been detailed
20 reporter for this court and has been previously sworn.
21O

All members of the prosecution have been detailed to this 22 court-martial by Captain 11101.111111111111.111111116 Chief of Justice, III 2 OG02940
7-7
1 Corps. All members of the prosecution are qualified and certified
2 under Article 27(b) and sworn under Article 42(a), Uniform Code of
3 Military Justice. No member of the prosecution has acted in any
4 manner which might tend to disqualify us in this court-martial.
5O

MJ: Specialist Cruz, you have the right to be represented by
6 Captain mom* your detailed military defense counsel. He is
7 provided to you at no expense to you. Do you understand that?

8O

ACC: I understand that, sir.
9O

MJ: You also have the right to request a different military
10 lawyer to represent you. If the person you request is reasonably
11 available, he or she would be appointed to represent you free of
12 charge. Now, if your request for this other military lawyer were

13 granted, however, you would not have the right to keep the services
14 of your detailed defense counsel because you are entitled only to one
15 military lawyer. Now, you may ask Captaining.. superiors to let
16 him stay on the case, but your request would not have to be granted.
17 Do you understand that?

18O

ACC: Yes, sir.
19O

MJ: In addition, you have the right to represented by a 20 civilian lawyer. A civilian lawyer would have to be provided by you at no expense to the government. If you're represented by a civilian 22 lawyer, you can keep your military lawyer on the case to assist your 3O032941
1 civilian lawyer.OOr, you could excuse your military lawyer and be
2 represented only by your civilian lawyer.ODo you understand that?
3 ACC:OYes,Osir.
4 MJ:OSpecialist Cruz, do you understand your rights to counsel?
5 ACC: I understand,Osir.
6 MJ: By whom do you wish to be represented?
7 ACC: I wish to be represented by Mr. 60001.
8 MJ: And Captain Goommik also?
9 ACC: Both, yes,O
sir.
10 MJ: Those two and nobody else?
11 ACC: Yes,Osir.
12 MJ: Captain INMMMIC put your detailing and qualifications on

13 the record.
14ODC: I have been detailed to this court-martial by Lieutenant

•
15 Colonel immimplft. I'm qualified and certified under Article 27(b)
16 and sworn under Article 42 Alpha, Uniform Code of Military Justice.

17 I have not acted in any manner which might tend to disqualify me in
18 this court-martial.
19OMJ: Mr. IMMO put your qualifications on the record, please.

20O

CDC: Yes, Your Honor. I'm an attorney licensed to practice law
21 in the state of Texas. I'm a member in good standing of the state

4O

032942

1 bar. I have not acted in any manner which might tend to disqualify
2 me in this court-martial.
3 [The civilian defense counsel was sworn by the military judge.]
4O

MJ: I've been properly certified, sworn, and detailed to this
5 court-martial. Counsel for both sides appear to have the requisite
6 qualifications and all personnel required to be sworn have been
7 sworn.
8OTrial counsel will announce the general nature of the
9 charges.

10O

TC: Yes, sir. The general nature of the charges in this case
11 is one specification of conspiracy to maltreat a subordinate and one
12 specification of maltreatment of a subordinate.
13OThe charges were preferred by Captain 11....101111111111111111111111111.

14 and forwarded with recommendations as to disposition by Major MOW
15 tommilk and Colonel ormartargo. The Article 32 investigation was
16 waived.

17OYour Honor, are you aware of any matter which might be a
18 ground for challenge against you?
19O

MJ: As I think both sides are aware of, I am the military judge
20 in the companion cases involving, at least according to the
21 Specification, Corporal 110111116, Sergeant alliM111111, and Specialist
22 Vellilib.. I have no involvement up to this point with Specialist UM

5O

002943

1 and in neither of the other three cases have we done anything in the

2 case except motions. There has been no entering of findings. The
3 trials are pending. And I have tried and accepted a guilty plea in a
4 co-accused's case by the name of Specialist fimemiliellib. I believe
5 both sides are aware of that. I made no findings in that case or

6 credibility determinations. I did enter findings of guilty pursuant
7 to his plea and sentenced him.
8OI'm assuming both sides are aware of my involvement in the
9 companion cases?

10O

TC: Yes, sir.
11O

CDC: Yes, Your Honor.
12O

MJ: Does either side desire to question me further or to
13 challenge me?
14O

TC: No, Your Honor.
15O

DC: No, sir.
16Oyou said the Article 32 in this case was

MJ: Now, MajorO
17 waived, but my charge sheet shows this has been referred to a
18 straight special--or to a BCD special?
19O

TC: Yes, sir, that's correct.
20O

MJ: Specialist Cruz, you have the right to be tried by a court
21 composed of at least three officer members. Also, if you requested,
22 you would be tried by a court consisting of at least one-third

6

002944

1 enlisted members, but none of those enlisted members could come from
2 your company and no member of the court would be junior in rank to
3 you. Do you understand what I've said so far?

4O

ACC: I understand, sir.
5O

MJ: Now, if you're tried by court members, the members will
6 vote by secret, written ballot and two-thirds of the members must
7 agree before you could be found guilty of any offense. If you were
8 found guilty, then two-thirds must also agree in voting on a
9 sentence. .Do you understand that?

10O

ACC: I understand, sir.
11O

MJ: You also have the right to request a trial by military
12 judge alone. And if approved, there will be no court members, and
13 the judge alone will decide whether you are guilty or not guilty, and
14 if found guilty, the judge alone will determine your sentence.
15ODo you understand the difference between trial before
16 members and trial before military judge alone?
17O

ACC: Yes, sir.
18O

MJ: Do you understand the choices that you have?
19O

ACC: Yes, sir.
20O

MJ: By what type of court do you wish to be tried?
21O

ACC: I wish to be tried by judge alone, sir.

GO2945
7
1O

MJ: I have before me what's been marked as Appellate Exhibit I,
2 a written request for trial by military judge alone. Specialist
3 Cruz, is that your signature on this document?
4O

ACC: It is, sir.
5O

MJ: At the time you signed this request, did you know that I
would be the military judge in your case?
7O

ACC: I did, sir.
8O

MJ: My name was written in there up at the top?
9O

ACC: Yes, sir.
10O

MJ: Now, is your request a voluntary one? By that, I mean, are
11 you making this request of your own free will?
12O

ACC: I'm sorry, sir?
13O

MJ: Is your request a voluntary one? By that, I mean, are you
14 making this request of your own free will?
15O

ACC: I am making the request, sir.
16O

MJ: If I approve your request for trial by me alone, you give
17

up your right to be tried by a court composed of members. Do you
18 understand that?
19O

ACC: Yes, sir.
20O

MJ: Do you still wish to be tried by me alone?
21O

ACC: Yes, sir.

8 OGO2946

1O

MJ: Defense, I understand there is a pretrial agreement in this

2 case. Is that correct?
O

3 CDC: Yes, Your. Honor.
O

4 MJ: Is the judge alone request part of the pretrial agreement?
O

5 DC: Yes, Your Honor.
O

6 MJ: Specialist Cruz, we'll talk more about your pretrial
7 agreement later in the case, but I want to go over this provision
8 with you now. Your pretrial agreement apparently states that you
9 agree to waive, that is, give up trial by members and select trial by

10 military judge alone. Is that correct?
11O

ACC: Yes, sir.
12O

MJ: Do you understand the difference between trial before
13 members and trial before military judge alone as I explained them to
14 you earlier?
15O

ACC: I understand, sir.
16O

MJ: Did you understand these differences between the various
17 types of trial at the time you signed your pretrial agreement?
18O

ACC: Yes, sir.
19O

MJ: Did you understand you were giving up trial with members
20 when you signed your pretrial agreement?
21O

ACC: Did I understand the....

002947
9

1O

MJ: You were giving up trial with members when you signed your
2 pretrial agreement?

3 ACC: Yes, sir.
4 MJ: And was that wailer a free and voluntary act on your part?
5 ACC: It was, sir.
6 MJ: The request for trial by military judge alone is approved.

7 The court is assembled. The accused will now be arraigned.
8O

TC: All parties to the trial have been furnished with a copy of
9 the charges. Does the accused want them read?
10O

CDC: The accused waives the reading of the charges.
11O

MJ: The reading of the charges may be omitted.

12 [THE CHARGE SHEET FOLLOWS AND IS NOT A NUMBERED PAGE.] 13 [END OF PAGE]
10 002948

CHARGE SHEET
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI) 2. SSN 3. GRADE OR RANK 4. PAY GRADE
CRUZ, ARMIN J. SPC E-4
5. UNIT OR ORGANIZATION 6. CURRENT SERVICE
a. INITIAL DATE b. TERM
Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, APO AE 09342
28 SEP 2000 8 years
7. PAY PER MONTH 8. NATURE OF RESTRAINT OF ACCUSED 9. DATE(S) IMPOSED
a. BASIC b. SENFOREIGN DUTY c. TOTAL 09
$1,726.80 $ /00.0 0I4 °4 it I, 81.40 WA-I$1,726.80 NoneI• N/A
ADDITIONALI II. CHARGES AND SPECIFICATIONS
10. CHARGE IIVIOLATION OF THE UCMJ, ARTICLE 81

THE SPECIFICATION: In that Specialist Armin J. Cruz, U.S. Army, did, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, conspire with Corporal IIIIIIIM 0.1111644., Staff Sergeant 01111111111111111111111111.14 Specialist 61111111011.11111111. Specialist SIMMIIIIIMS, 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 forced detainees to conduct various physical exercises while the detainees were naked and the said poured water on the detainees.
CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 93
THE SPECIFICATION: In that Specialist Armin J. Cruz, U.S. Army, at or near Baghdad Central Confinement Facility, Abu Ghraib, Iraq, on or about 25 October 2003, did maltreat several detainees, persons subject to his orders, by forcing naked detainees to crawl on the floor in such a manner as to cause the detainees' genitals to touch the floor and by handcuffing the said detainees to one another.
III. PREFERRAL 11a.IMSE ACCUSER (Last, First, MI) b. GRADE C. ORGANIZATION OF ACCUSER
CPT HHSC, 502nd MI Battalion
d. SIGNATURE OF ACCUSER e. DATE
qs'ep Der
AFFIDAVIT: Before me, the undersigned, authorized y law to administer oaths in cases of this character,, personally appeared the above named accuser this day of 54-i.....All .r , 2414 , and signed the foregoing charges and specifications under oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.
gruninsimuilli. HHD, 504th Military Intelligence Battalion
Typed Name of Officer. Organization of Officer
Ca tain Trial Counsel
Official Capacity to Administer Oath (See R. CM. 307(b) — must be a commissioned officer)
Signat re
DD FORM 458, MAY 2000 PREVIOUS EDITION IS OBSOLETE.I
Gi32949
12.. .
.,._,._
OnI4/ Sepic,4 e,r. Zoog. , the accused was informerf4fhe charges against him/her and of the name(s) 6f The accuser(s) known to me (See R.C.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
willniftipmmillins HHSC, 502nd MI Battalion
Typed Name of Immediate Commander Organization of Immediate Commander
Captain
Signa
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY
13.
The sworn charges were received at hours.
1150 4s,..e.
.2004 at HD 6MA mi iiiio
'Designation of Command or
Officer Exorcising Summary Court-Martial Jurisdiction (Soo R. GM. 403)
ronTHE 1
4111N111111111111111111116 Commanding
Typed Name of Officer Official Capacity of Officer Signing
Major
Grade
Signature
V. REFERRAL; SERVICE OF CHARGES
•a. DES 'NATION OF COMMAND OF CONVENING AUTHORITY b. PLACE Victory Ba__ r •.c. DATE yttrAD)
se Iraq Headquarters, III Corps APO AE 09342 ?nnti
Referred for trial to the special court-martial convened by Court-Martial Convening Order Number 2,
dated 14 January 2004, as amended by Court-Martial Convening Order Number 6, dated ,
24 July 2004
, subject to the following instructions: 2
1I
D •• ered to adjudge a bad-conduct discharge.
By COMMAND of LIEUTENANT GENERAL METZ:
Command or Order
ammo.Chief, Paralegal NCO
Typed Name of Officer Official Capacity of Officer Signing
Sergeant Major/B-9
rade
igi.ure
15.
On OS.,.se P., I (caused to be) served a copy hereof on (each of) the above named accused.
WiliMMANIMPPilliMIIV Ma)or
Typed Name of Trial Counsel Grade or Rank of Trial Counsel
Signature
FOOTNOTES:.1— When an appropriate commander signs personally, inapplicable words are stricken.

— Soo R.C.M. 601(o) concerning Instructions. If none, so state.
, MAY 2000
CO29jO
DOD 001755

1 TC: The charges are signed by Captain MONIMMOIMMIIMMOMMEMO, a 2 person subject to the Code as accuser; are properly sworn to before a 3 commissioned officer of the armed forces authorized to administer 4 oaths; and are properly refe'ried to this court for trial by 5 Lieutenant General Thomas F. Metz, the Convening Authority.
6O

MJ: Accused and counsel, please rise. [The accused and his

7 counsel stood.]
8OSpecialist Armin J. Cruz, I now ask you, how do you plead?
9 Before receiving your plea, however, I advise you that any motions to

10 dismiss or to grant other appropriate relief should be made at this
11 time. Your defense counsel will speak for you.
12O

CDC: Your Honor, the defense has no motions.
13O

MJ: Please enter a plea.
14O

CDC: To all charges and their specifications: Guilty.
15O

MJ: Specialist Cruz, your counsel has entered a plea of guilty 16 for you to both charges and their specifications. Your plea of 17 guilty will not be accepted unless you understand its meaning and 18 effect. I'm going to discuss your plea of guilty with you. If at 19 any time you have any questions, stop and ask them. Do you 20 understand that? 21 ACC: I understand.
1 1 002951
DOD 001756
1O

MJ: A plea of guilty is equivalent to a conviction and is the
2 strongest form of proof known to the law. On your plea alone and
3 without receiving any evidence, this court can find you guilty of the
4 offenses to which you've pled guilty. Your plea will not be accepted
5 unless you realize that by your plea, you admit every act or omission
6 and clement of the offenses to which you've pled guilty, and that
7 you're pleading guilty because you actually are, in fact, guilty. If
8 you do not believe that you are guilty, then you should not, for any
9 reason, plead guilty.

10 Do you understand what I've said so far? 11 ACC: Yes, sir. O
12 MJ: Now by pleading guilty, you give up three important rights,
13O

first, the right against self-incrimination; that is, the right to
14 say nothing at all.

15OSecond, the right to a trial of the facts by this court;
16 that is, your right to have this court-martial decide whether or not
17 you're guilty based upon evidence the prosecution would present and
18 on any evidence you may introduce.
19OThird, the right to be confronted by and to cross-examine
20 any witness called against you.
21ODo you have any questions about any of these rights?
22O

ACC: No, I do not, sir.

12O 002952
1O

MJ: And that's what you have, okay. In this whole document,
2 the photos and the narrative constitute the stipulation of fact.
3 That's your understanding?
4O

ACC: I understand that, sir.
5O

MJ: Now, if I admit this stipulation into evidence, it will be

6 used in two ways. First, I will use it to determine if you are, in
7 fact, guilty of the offenses to which you've pled guilty. And
8 second, I will use it to determine an appropriate sentence for you.

9ODo you understand and agree to these uses of the
10 stipulation?
11O

ACC: I understand and agree, sir.
12O

MJ: Do both counsel also agree to these uses?
13O

TC: Yes, sir.
14O

DC: Yes, Your Honor.
15O

MJ: Specialist Cruz, a stipulation of fact ordinarily cannot be
16 contradicted. If it should be contradicted after I have accepted
17 your plea, I will reopen this inquiry. You should, therefore, let me
18 know if there's anything whatsoever you disagree with or feel is
19 untrue. Do you understand that?
20O

ACC: I understand, sir.
21O

MJ: At this time, I want you to read your copy of the
22 stipulation silently to yourself as I read it to myself.
15O032955

1O

[The accused did as directed.]
2O

MJ: Have you finished reading the stipulation of fact?
3OACC: Yes, sir.
4OMJ: Is everything in the stipulation true?
5O

ACC: Yes, sir.
6OMJ: Is there anything in the stipulation that you do not wish
7 to admit is true?
8O

ACC: No, sir.
9OMJ: Do you agree, under oath, that the matters contained in the
10 stipulation are true and correct to the best of your knowledge and
11 belief?
12O

ACC: Yes, sir.
13O

MJ: Defense counsel, do you have any objection to Prosecution
14 Exhibit 1 for identification?
15OCDC: No, Your Honor.
16OMJ: Prosecution Exhibit 1 for identification is admitted into
17 evidence, subject to my acceptance of the accused's guilty plea.
18OSpecialist Cruz, at this time, I'm going to explain to you
19 the elements of the offenses to which you have pled guilty. By
20 "elements," I mean those facts which the government would have to
21 prove beyond a reasonable doubt before you could be found guilty if
22 you had pled not guilty. When I state each element, ask yourself two

16

032956
1 things, first, is the element true; and second, whether you wish to
2 admit that it's true. After I list the elements for you, be prepared
3 to talk to me about the facts regarding the offenses.

O

4 Do you have a copy of the charge sheet there?
O

5 ACC: Yes, sir.
O

6 MJ: I'm going to start with Charge II. In the Specification of
7 Charge II, you have pled guilty to maltreatment of subordinates, in
8 violation of Article 93 of the Uniform Code of Military Justice. As
9 alleged and pled, this offense has the following two elements:

10OOne, that several detainees were subject to your orders. 11OAnd two, that at or near Baghdad Central Confinement 12 Facility, Abu Ghraib, Iraq, on or about 25 October 2003, you 13 maltreated the said several detainees by forcing them to crawl on the 14 floor in such a manner as to cause the detainees' genitals to touch 15 the floor and by handcuffing the said detainees to one another. 16O"Subject to the orders of" include persons under the direct 17 or immediate command of you. The maltreatment must be real, although 18 it does not have to be physical. "Maltreated" refers to treatment 19 that when viewed objectively under all the circumstances is abusive 20 or otherwise unwarranted, unjustified and unnecessary for any lawful 21 purpose and that results in physical or mental harm or suffering or
17 OGO2957

1 reasonably could have caused physical or mental harm or suffering.
2 Assault or improper punishment may constitute this offense.
3ONow, turn back to Charge I. In the Specification of Charge
4 I, you have pled guilty to conspiracy to maltreat subordinates, in

violation of Article 81 of the Uniform Code of Military Justice. As
6 alleged and pled, this offense has the following two elements:
7OFirst, that at or near Baghdad Central Correctional
8 Facility, Abu Ghraib, Iraq, on or about 25 October 2004 [sic], you

9 entered into an agreement with Corporal 411MOMMINWOM, Staff
10 Sergeant iimmignift, Specialist 111111111111111111111110., Specialist MOM
11 gait and others to commit maltreatment of subordinates, an offense

12 under the Uniform Code of Military Justice. 13OAnd two, that while the agreement continued to exist and 14 while you remained a party to the agreement, Corporal MOO and 15 Specialist wok performed the overt acts alleged, that is, Corporal 16 1111111, forced detainees to conduct various physical exercises while 17 the detainees were naked, and Specialist". poured water on the 18 detainees for the purpose of bringing about the object of the 19 agreement. 20ONow, the elements of the offense to which you are charged 21 with conspiracy to commit, namely, maltreatment of subordinates, or 22 as I told you earlier for Charge I, proof that the offense of
O

18 002958
1 maltreatment of subordinates actually occurred is not required.
2 However, to be guilty of conspiracy, the agreement must have included
3 every element of the offense of maltreatment of subordinates.
4ONow, the agreement of the conspiracy does not have to be in
5 any particular form or expressed in formal words •. It is sufficient
6 if the minds of the parties reach a common understanding to
7 accomplish the object of the conspiracy, and this may be proved by
8 the conduct of the parties. The agreement does not have to express
9 the part in which the conspiracy is to be carried out or what part

10 each conspirator is to play. The overt act required for this offense 11 does not have to be a criminal act, but it must be a clear indication 12 that the conspiracy is being carried out. The overt act may be done 13 either at the time of or following the agreement. The overt act must 14 clearly be independent of the agreement itself, that is, it must be 15 more than merely the act of entering into the agreement or an act 16 necessary to reach the agreement. 17OSpecialist Cruz, do you understand the elements and 18 definitions as I've read them to you and as they apply to each 19 specification? 20O
ACC: I understand, sir.
21O

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

19
,f) r n
LI4 k)
1O

ACC: I understand, yes, sir.
2O

MJ: Do you have any questions about any of them?
3O

ACC: Yes, sir, I don't know how to bring this up, it's the date,
4O

sir?
5O

MJ: The date?
6O

ACC: You said 2004, and it's 2003.
7O

MJ: Well, the charge sheet says 2003.
8O

ACC: Oh, my apologies, sir.
9O

MJ: No, it was my fault, it's my fault. I wrote down 2004, but
10 no, thank you. No, both of these events allegedly occurred on or
11 about 25 October 2003.
12O

ACC: Yes, sir.
13O

MJ: Do you have any other questions?
14O

ACC: No, sir.
15O

MJ: Do you believe and admit the elements and definitions taken
16 together correctly describe what you did?
17O

ACC: I do, sir.
18O

MJ: Specialist Cruz, at this time, I want you to talk about
19 what happened. First of all, how old are you?
20O

ACC: I'm 24 now, sir.
21OAnd how long have you been in the Army?

MJ:O
22O

ACC: In just a couple of weeks, it will be 4 years, sir.
20O

002960
1 MJ: 4 years. Are you a Reserve component soldier?
2 ACC: I am, sir.
3 MJ: Are you National Guard or Reserve?
4 ACC: Reserve, sir.
5 MJ: Reserve, okay. And were you activated for this deployment?
6 ACC: I was, sir.
7 MJ: And when were you activated, approximately?
8 ACC: March 17th, if memory serves, sir.
9 MJ: 2003?
10 ACC: Yes, sir.
11 MJ: And how long were you activated for?
12 ACC: There's some confusion as to that from the unit, sir. The

13 first set of orders we got were for 6 months, but it ended up being 14 for the one-year tour in Iraq, sir. 15O
MJ: And then have you been extended beyond that pending this 16 proceeding? 17 ACC: Pardon me, sir? 18O
MJ: Have you been extended beyond that pending this proceeding? 19 ACC: Yes, sir. 20O
MJ: Defense, is there any issue that the accused is properly on
21 active duty for this trial?
22O

CDC: He's properly on active duty, Your Honor.
21O

002961

1 MJ: Currently. O
2 CDC: Yes, sir.
O

.3 MJ: There's no issue as to----
O

4 CDC: There's no issue.
O

5 MJ: Now let's go back to 23 October of--excuse me, 25 October
6 of 2003, I'll get the dates right. Now, were you working at the
7 prison at Abu Ghraib at the time?

8O

ACC: I was, sir.
9O

MJ: What was your job?
10O

ACC: I was an analyst, a member of a Tiger Team.
11O

MJ: A Tiger Team, and your MOS is what?
12O

ACC: 96 Bravo, intelligence analyst.
13O

MJ: That would be in the rubric of the military intelligence
14 area?
15O

ACC: Yes, sir.
16O

MJ: And you were there in the course of your job, and again, I
17 don't want you to tell me anything that may be classified. What did
18 you do in the day to day, doing the job in your MOS, I know that
19 there's other things that soldiers do.
20O

ACC: Roger, sir. During the time that I was at Abu Ghraib on a
21 Tiger Team before I moved to other sections, the job duties would
22 require finding intelligence gaps that an interrogator may find, and

22O

CO2962

1 then researching the information to prove or disprove whatever
2 information was extracted in interrogation.
3O

MJ: So, somebody else--you weren't an interrogator then.
4OACC: I was never--I'm not qualified. I didn't go to AIT, sir,
5 as an interrogator, but there were times that I was asked to
6 interrogate based on the security clearance level for the
7 interrogation.

O

8 MJ: Okay, so your day-to-day activities were to analyze the

9 intelligence other interrogators got, but occasionally because of
10 your clearance, you had to ask detainees or the individuals
11O

questions.
12O

ACC: Roger, because of the difference between an interrogator's
13 clearance and the analyst's clearance.
14OMJ: Okay, now on the 25th of October of 2003, from looking at
15 the stipulation of fact, this event began, at least your involvement
16 was, when Specialist woke you up?

O
17O

ACC: Roger, sir.
18OMJ: Now, in your own words, just kind of tell me what happened
19 that day.

20OACC: I was on my cot. It was late. I was getting ready to rack
21 out, or I was already racked out. Specialist IN came to the hooch
22 area that I was staying in.

23 O032963
1O

MJ: Now who's Specialist glib
2O

ACC: He's an interrogator, 97 Echo, assigned to the unit I was
3 assigned to, sir.
4O

MJ: Okay, he was an interrogator, but he was also in your

5 military intelligence unit for want of a better term.
.

6 ACC: Roger, sir.
.

7 MJ: Okay, go ahead.
.

8 ACC: And then said that he was--he told me that the MPs were
9 disciplining three detainees that were alleged to have raped a
10 teenager and if I wanted to go see what they were doing. And, I
11 said, "Yes," I walked down there. When I got there, it appeared that
12 they were taking a break. My assumption was that Specialist.", was
13 there for the first part because he told me what they were doing, it
14 was--punishing for raping a young man. And then....

15O

MJ: When you showed up, there was nothing going on.
16O

ACC: It seemed like they were done, yes, sir, a break.
17O

MJ: Now, when you said "showed up," where did this occur?
18O

ACC: In the hard site, sir.
19O

MJ: Now, there's two tiers there?
20O

ACC: I always got them confused, sir.
21OMJ: Confused, okay.

24O032964
1O

ACC: I'm going to trust that this is right and it was 1B, but I
2 always had a hard time what that was.
3O

MJ: And when you walked into this scene up to the point before 4 you did anything, who did you see there that you can remember? 5O
ACC: I remember seeing a female, Army Specialist 911111i a lady,
6 a female soldier who I didn't realize her name until later on in the
7 media and then seeing her picture as PFC wok I might've known
8 her name that day, but I really didn't know her; Sergeant moi,
9 Corporal 41111110 Specialist wow Specialist ONO, Specialist

10 mow There was a civilian interpreter there, I can't really
11 pronounce his name correctly.
12O

MJ: Was he an Iraqi civilian?
13O

ACC: No, no, sir, he worked for, my belief is that he worked for
14 the Titan group. He worked with soldiers.
15OMJ: I mean, but was he American?
16O

ACC: Yes, sir. Then there was a soldier there that was in green
17 BDUs. I couldn't tell you his name, sir. That's all that I can
18 remember, sir.
19O

MJ: Now, did you see any detainees when you walked up?
20O

ACC: Not initially. Soon after I got there, SpecialisdIIIIIIIII
21 pulled them out.
22O

MJ: Pulled them out from where?

25 CO3296,a
1OACC: Cells, sir.
2OMJ: Were they in three separate cells, or all were in one cell,
3 if you can remember?
AO

ACC: If memory serves right, sir, I believe two were together
5 and one was brought later, and I don't know from where, sir.
6Obrought them out. Now, you're in a

MJ: And SpecialistO
hallway between cells here?
8O

ACC: Yes, sir.

9OMJ: And this is a multi-tiered operation, two tiers?
10OACC: Yes, sir. .
11OMJ: And the floor is concrete?
12O

ACC: Yes, sir.
13O

MJ: So Specialist IMO you said, brought the three guys out?
14OACC: Roger, sir.
15OMJ: What were they wearing?
16OACC: To be honest, I couldn't remember. The typical garb was
17 either, an orange jumpsuit, sometimes sheets.
18O

MJ: The first Lime--
19OACC: They were wearing something, yes, sir.
20OMJ: The first time you saw the three detainees, they were
21 wearing something.
22OACC: I believe one of them was just in underwear.

26O 602966
1 MJ: Did they eventually become naked?
O

2 ACC: Yes, they did, sir.
O

3 MJ: How did that happen?
O

4 ACC: By orders of me and other people there, sir.
O

5 MJ: Now, you walk up to the scene, had you heard anything

6 before this about how the MPs sometimes treated the detainees?

7O

ACC: I didn't know how they brought their disciplinary
8 procedures or anything, sir.
9O

MJ: So you walked up, and then you said, you among others told 10 'them to take off all their clothes? 11 ACC: Yes, sir.
O

12 MJ: Well, why did you do that?
O

13 ACC: There's no real good reason why that would happen, sir.
O

14 MJ: Do you have a real bad reason why it happened, though?
15 Were you just going along with what the other guys were doing?
16O

ACC: Perhaps that's a part of it. I think a bigger part is I--I
17 think this is in there that....

NJ:O

18OSpecialist Cruz, don't worry about whether it's in the

19 stipulation of fact or not, just tell me in your own words as best
20 you can remember, okay?
21O

ACC: I was under the--I didn't really see when I was looking at
22 the three detainees that were rapists when I was looking at them,
27O

G02967
DOD 001770
1 sir. It was shortly after a mortar attack, and frankly, I saw three
2 guys that killed two soldiers and injured me, injured my bosses, and
3 that's not a reason.
4O

MJ: No, it's an explanation though. You were saying, and the
5 mortar attack that occurred about a month earlier that's in the
6 stipulation of fact of where two soldiers died, including one who
7 apparently you knew?
8O

ACC: He was my boss for a while, sir, he was my NCOIC.
9O

MJ: And other people were injured. So when you came onto this
10 scene, you saw these three Iraqis, you associated them with the
11 Iraqis who, or similar to the Iraqis who had mortared your friends.
12 Is that what you're telling me?
13O

ACC: Yes, sir.
14O

MJ: That in your mind, you knew they weren't the same guys, or
15 they could be, but you didn't know.
16O

ACC: They could've been, I mean, there's no proof. It wasn't a
17 logical thing.
18O

MJ: But did you want then to take out on them what happened to
19 your friends?
20O

ACC: I believe that's correct.
21O

MJ: Now, when you walked in, you were clear that these people
22 were detainees?

28
1O

ACC: Yes, sir, they were in the prison.
2O

MJ: And in your role as, I guess, primarily as a soldier, are
3 they subject to your orders?
4O

ACC: They are, sir.
5O

MJ: The way the prison runs is that they have to obey what you
6 tell them to do?
7O

ACC: Yes, sir.
MJ: Okay, so they come out and then you and others tell them to

9 take off their clothes. What happened next?
10OACC: They were told to do various physical exercises such as the
11 low crawlings. When one of them arched their back up to get up, I
12O

put my--_---
13O

MJ: How did they--we're kind of out of sequence here. They
14 came out, you told them...Specialist Cruz, take your time. We've got
15 all the time in the world. They came out, you among others told them
16 to take off their clothes.
17O

ACC: Yes, sir.
18O

MJ: And then, what happened right after that?
19O

ACC: They were handcuffed together, sir, near--I believe the
20 first time was standing up next to the actual bars of the cell.
21O

MJ: Okay, now did you handcuff them to each other? Did you
22 help the other ones handcuff----
29O

002969
1O

ACC: At this time--I did, yes, I'm not saying I did not, I did,
2 but not at this particular time..
3O

MJ: Okay, it starts out, somebody else is handcuffing them

4 together, and they're standing up?
O

5 ACC: Right.
O

6 MJ: What happened next?
O

7 ACC: They were instructed to get on the ground, and that's when

8 I started with the handcuffing.
O

9 MJ: They got on the ground and then you started handcuffing.
10 ACC: Roger.
11 MJ: Now, were they any threat to you at this time?

O

12 ACC: No, they were not.
O

13 MJ: You had a, what, half dozen, at least, soldiers there, if
14 not more? And these guys, were these guys obeying everything you
15 guys told them to do?
16O

ACC: They were.
17O

MJ: When you told them to take off their clothes, they took off
18 their clothes?
19O

ACC: Yes, sir.

MJ: When WM
21 to tell all three to come out?
22O

20Opulled them out, one female specialist was able

ACC: Yes, sir.
30O

002970
DOD 001773
E
1 MJ: So there was no risk of these guys. O
2 ACC: They were not a threat to us.
O

3 MJ: Why did you handcuff them then? I mean, was this part of
4 your...I mean, did you do it to protect yourself or did you do it to
5 mess with the guys, for want of a better term?

6O

ACC: I believe it would be the latter, to mess with them, sir.
7 And they clearly weren't any sort' of threat to us. They couldn't
8 have inflicted any harm to any of us.
9O

MJ: And do you think when you did that, that caused them
10 physical suffering?
11O

ACC: Yes, sir.
12O

MJ: And in this whole environment, having their clothes taken
13 off and putting them down----
14O

ACC: It was humiliating.
15O

MJ: What happened next?
16Owent to the

ACC: At some point right thereafter, SpecialistO
17 second floor--before that, actually, there was a time when two of
18 them were handcuffed on the ground. They were both handcuffed on the
19 ground. There was a third detainee off closer to the main exit door.
20 Specialist was asking that person, "Why did you rape this young

O
21 man?" And he expressed to him that he did not want him to lie, and
22 to tell him the truth.

31O 002971
4
1 MJ: Did he say it like you saying it to me, or was it perhaps a 2 lot more forceful?
.
3 ACC: It was yelling and screaming. He wasn't happy at the time.
.

4 MJ: Did any of these guys speak English, to your knowledge?
.

5 ACC: No, sir. The civilian, whose name I can't pronounce
6 correctly----

7O

MJ: Was he kind of translating or....
8O

ACC: Roger, sir.
9O

MJ: Okay, go ahead.
10O

ACC: At one point, the first overt act there I saw was
11 Specialist O

go grab a detainee by...I don't remember if he was
12 wearing a jumpsuit or just grabbing him by the chest. I remember
13 grabbing this area.
14O

MJ: The upper chest area?
15O

ACC: Roger, and slapped him and said, "I know you're lying to
16 me. Tell me the truth."
17O

MJ: Okay, what happened next?
18O

ACC: I think he pulled them over to the two detainees and he
19 walked upstairs.
20O

MJ: Okay, was this guy, was he naked, too, then at that point,
21 or had he put his clothes back on?

32 002972
1O

ACC: If he did have clothes on, and I don't think he did, sir. 2 He definitely was instructed to get them off by the time he got to 3 the other two detainees. 4 MJ: So when you say a1 may have grabbed his shirt, you're 5 just not sure whether he was undressed. Okay, so he goes back 6O
and....
7O

ACC: Second floor, someone was throwing a Nerf ball, initially.
8 I don't remember who it was. I know I saw Specialist up there.
9 He took a Nerf ball, football, and threw it down on the detainees.

10 MJ: And threw it down, and what did he do with it?
11 ACC: He just threw it down at the detainees, sir.
12 MJ: Just to hit them?
13 ACC: Roger.
14 MJ: What were the detainees doing at this time?
15 ACC: Nothing, they couldn't do anything, sir. They were
16 helpless, they were handcuffed.
17O

MJ: They were handcuffed? Were the handcuffs behind their back
18 or in front, or were they handcuffed together?
19O

ACC: They were handcuffed...all of the above, sir.
20O

MJ: The Ziploc--cuffs----
21O

ACC: Negative, metal----22 MJ: The metal regular handcuffs. 33
002973

DOD 001776
1O

ACC: Right, like the handcuffs used back home in the StateS, not
2 zip ties, just metal.
3O

MJ: What happened next?
4O

ACC: One of the senior ranking persons, Sergeant 11111111111111116,
5 reorganized the handcuffs. That went on for a little bit. I cannot
6 tell you the logic to that one. Clearly there isn't, it was just a,
7 "I'm gonna handcuff them this way, and then I'm going to handcuff
8 them this way."
9O

MJ: Okay.
10O

ACC: And then, I went up to the second floor and I grabbed a
11 Nerf football.

12 MJ:OOkay.
13 ACC:OI threw it, but I also say that I didn't hit the detainees,
14 but it was in the direction.
15 MJ:OYou were trying to hit them?
16 ACC:OYes,Osir.
17 MJ: I'm sorry?
18 ACC: [No verbal response.]
19 MJ: I saw you nod,Oit's just that the court reporter needs a
20 verbal.
21 What happened after that?

34 002974

1O

ACC: I went downstairs and leaned against the wall and I said,
2 at some point close to this, I noticed that one of the detainees
3 around the handcuffs was starting to bleed. And I looked at Corporal
4Oand I said to him, "Hey, guy, that guy's bleeding. I
5 mean, some of this stuff you're telling me...whatever. This can't be
6 okay. He's bleeding. We've got to loosen those cuffs. We've got to
7 take them off. We've got to put a stop to this now."
8O

MJ: Okay.
9O

ACC: That went back and forth for a few minutes. It wasn't like
10 just one time, "Hey, he's bleeding," or anything like that.
11 Eventually, he got up, he went over and took the cuffs off. And then
12 pretty shortly thereafter, Specialist O

left and I left, and I 13 would assume Specialist ligla left soon thereafter. I don't know. 14O
MJ: During the time you were there, you said you'd...let's kind
15 of back up a little bit. There was a point where you put a foot on
16 them?
17O

ACC: Yes, sir.
18O

MJ: When was that?
19O

ACC: A detainee was low crawling and he tried to stand up, arch
20 up, and I just put my foot down on him.
21O

MJ: He was low crawling on all fours?
22O

ACC: Negative, like a low crawl.
O

35 002975
1 MJ:OOkay, like a low crawl, he was dragging himself on his
2 elbows and•pulling along, and then he'd try to raise up and you put
3 your foot down, okay.
4 Now, did you tell them to crawl on the floor?
5 ACC: I'm sorry,Osir?
6 MJ: Were you part of the group that told them to crawl on the
7 floor?
8 ACC: Yes,Osir.
9 MJ: I'm sure that's before you put your foot on him.
1 0 ACC: Roger,Osir.
11 MJ: And that was after the handcuffs had gone on, or before?
12 ACC: Before.
13 MJ: And how did that part of the incident come up?
14 ACC: At the time we just said, you know, "Low crawl."
15 MJ: And were they naked at the time?
16 ACC: In the beginning, no, but eventually, sir,O
they were.
17 MJ: Were they low crawling naked?
18 ACC: Yes,Osir.
19 MJ: Add you told them to low crawl?
20 ACC: Yes,Osir.
21 MJ: And that was causing their genitals to drag along the

22 floor?

36 O002976
1O

ACC: Yes, sir.
2O

MJ: Now, when you walked in and you saw ammilip
3.and..., and there were some others involved in this, also?
ACC: Yes, sir.
5O

MJ: And I suspect--how long did it take you to realize what was
6 happening here?
7O

ACC: Pardon me?
8O

MJ: You said you walked in, the detainees were in the cell
9 beford1111111 brought them out, right?
10O

ACC: Right.
11O

MJ: They brought them out, an011111phad said something to you
12 earlier, "Let's see what the MPs are going to be doing."
13O

ACC: Roger.
14O

MJ: And then, she brings them out, and then is that when the
15 abuse started when you were there?
16O

ACC: Yes, sir.
17O

MJ: So at that point, wasMill,111111 1111111 and — 18 all involved in this? 19OACC: 1.01111111111Wimmift yes, sir.
,,
20O

MJ: And there were some other people involved, who you don't
21 know their names?
22O

ACC: Yes, sir, I'm sorry, I wish I did.

37 002977
DOD 001780
1 MJ: No, no, no,O
no.OThe way it's charged,Oit says those four
2 names and others.
3 ACC: Correct.
4 MJ: So at that point, you realized that they were going to be
5 a busing these detainees?
6 ACC: Yes,Osir.
7 MJ: And then did you, by your actions, join in with them in
8 this abuse ?
9 ACC: I did,Osir.
10 MJ: Now, remember I talked to you about the conspiracy requires

11 an agreement, and that can be in a couple of ways. It could be, for
12 example in this case, you walk in saying, "Hey, I'll go along with
13 you guys, let's abuse the detainees," and that would be a verbal
14 agreement. Do you understand that?
15O

ACC: Yes, sir.
16O

MJ: Or by your actions, saying nothing at all, that could form
17 an agreement, also.
18O

ACC: Yes, sir.
19O

MJ: Do you believe your actions indicated your affirmative
20 agreement to go along with what they were about to do to maltreat the
21 detainees?

O

38 0 02978
1O

ACC: I think it was clear that it was a silent agreement that
2 was expressed through my actions.
3O

MJ: And in your mind, that's what you were doing.
4O

ACC: Yes, sir.
5O

MJ: Now after you had, by your actions, joined in with this,
6 did laimmis make the detainees do something with physical exercise?
7O

ACC: Yes, sir.
8O

MJ: What did he make them do?
9O

ACC: Made them low crawl and a lot of PT, jumping jacks, roll
10 left or right.
11O

MJ: And at the time, they were naked?
12O

ACC: Both, and yes, there were times that they were naked, yes, 13 sir. 14O
MJ: And ill" did he do anything with some water?
15O

ACC: Yes, sir.
16O

MJ: What did he do with water?
17O

ACC: He poured water on the detainees, sir.
18OWhy did he do that?

MJ:
19O

ACC: I have no idea, sir.
20O

MJ: Let me back up. This was October, correct?
21O

ACC: Yes, sir.
22O

MJ: Even for Iraq, I suspect it was cool.

39
002970
1 ACC: Yes, sir.
O

2

MJ: And was cold water being poured on them?
O

3 ACC: Yes, sir.
O

4

MJ: Do you believe that was part of the abusive behavior that
5 these guys were doing?
6O

ACC: It was, sir.

7.O

MJ: And you understand the law of conspiracy, is that once you
8 join the agreement, you're responsible for all the acts?
9O

ACC: I do, sir.
10O

MJ: Now Specialist Cruz, I need to talk a little more about

11 your training and background. You indicated earlier you're an
12 intelligence analyst?
13O

ACC: I am, sir.
14O

MJ: In your military job.
15O

ACC: Yes, sir.
16O

MJ: And as such, have you received training in the Geneva
17 Convention?
18O

ACC: I did receive Geneva Convention training at basic training.
19O

MJ: And have you ever received any specialized training in
20 interrogation, proper interrogation techniques?

O002980
40

1O

ACC: In interrogation techniques, the only thing I really
2 received, sir, was like on the job training, sir, but no like
3 schoolhouse training.
4O

MJ: Now, at the time, were these guys,' the MPs told you that
5 these guys were suspected of raping a 15-year old boy in another part
6 of the prison, correct?
7O

ACC: At the time, it went from being a solid, "They did it," to
8 "We think, and suspect." But at first, it was, "These guys raped a
9 kid."

10O

MJ: Were these guys, to your knowledge, have any type of
11 intelligence value?
12O

ACC: No, sir.
13O

MJ: I mean, were they in the facility to begin with because of
14 that, to your knowledge?
15O

ACC: To my knowledge, they were never interrogated for any
16 intelligence value whatsoever, sir.
17O

MJ: They were simply there for other type of criminal
18 misconduct.
19O

ACC: Most likely if they were in the hard site, sir, it was
20 either there was some kind of criminal misconduct or they were a
21 disciplinary problem, which was held on that side.
22O

MJ: Okay.

41 O002981
1O

ACC: I mean, just from the talks in the interrogation control
2 room, you kind of have a feeling which guys are of intelligence

3 value, and I never heard anything about these guys having any kind of

4 intelligence value.
O

5 MJ: And in your position, you would have heard that, right?
O

6 ACC: I believe I would, sir.
O

7 MJ: I mean, is it usual if someone is going to be corning--an
8 intelligence detainee or a detainee for which there may be some
9 interrogation, I'm assuming there's some type of interrogation plan

10 developed?
11O

ACC: Roger.
12O

MJ: And they're identified. Are you involved in that part of
13 the plan?
14O

ACC: Roger.
15O

MJ: So it's not just, all of a sudden people show up and the
16 MPs start interrogating these guys.
17O

ACC: MPs don't run interrogations, sir. I mean, they can help
18 with setting conditions, which is like, where are they going to live,
19 which camp, well, maybe in some cases the MI guys decide which camp.
20 But the interrogation process itself is supposed to be done by

21O

interrogators.

002982
42

1O

MJ: And the MP's role is simply, for want of a better term,
2 care and custody?

.
3 ACC: And security.
.

4 MJ: And security of these guys. So your job----
.

5 ACC: We're not responsible for feeding them, etceteras.
.

6 MJ: But the MPs aren't responsible for interrogating them.
.

7 ACC: They do not interrogate.
.

8 MJ: They do not interrogate. And at your level, you're at the
9 tactical level down there where the rubber meets the road, and the
10 MPs were not there to interrogate, they were simply to provide
11 security and other types of things.
12O

ACC: I never once saw an MP do an interrogation.
13O

MJ: Never saw them----
14O

ACC: Now, I've seen them in the facilities and I've seen them
15 provide security and walk them to and from. But the interrogation
16 process itself is solely done by either civilian or military
17 interrogators.
18O

MJ: Through----
19O

ACC: MI or----
20O

MJ: You're MI, okay. So then would it be fair to say that to
21 your knowledge, there was no direction from any level to tell the MPs
22 to interrogate these guys?

43 002983
1O

ACC: I can't imagine that happening, sir.
2O

MJ: You just find that....
3O

ACC: I can't imagine anyone telling an MP to go interrogate.
4O

MJ: And then what they were doing to these guys, was it any way
5 or shape--do you believe that they were performing something of a
6 military authorized function of interrogating them, or did they just
7 want to take their chance to abuse detainees?
8O

ACC: They wanted to take their chance, sir.
9O

MJ: Did anyone make any remarks that would indicate to you that 10 that's what they were doing? 11 ACC: Yes, sir.
O

12 MJ: And what was that?
O

13 ACC: At one point, when I asked SergeantOI mean I
14 asked throughout the night, "Are we within our norms here? I mean, I
15 know what my IROE is," that's interrogation rules of engagement.
16O

MJ: And your IROE says you don't do this.
17O

ACC: Right, sir. You can't touch them except for handcuffing
18 them, sir. "What's your SOP, and what's your ROE," and he said that
19 he was in the green and he was good. And then right after that in
20 the same conversation, Corporal OMMMOi said that--well, Sergeant
21 IMIIIIIMOsaid that, "Well, the thing is, this kind of thing right
22 here doesn't happen back home." He works in a correctional facility

44O 002984
1 somewhere, ;I don't remember where, but he said he worked in the jail.

2 And then CorporalOsaid

,

you know, he loves this shit. Hey,

3 this is what he lives for.
O

4 MJ: What was he referring to when he said that?
O

5 ACC: What's happening to the detainees, sir.
O

6 MJ: Now, I know you're not an MP, but when you walked in and

7 you saw what was happening, did you know it was wrong?
O

8 ACC: Yes, sir.
O

9 MJ: Did you know your participation was wrong?
10 ACC: Yes, sir.
11 MJ: Even though you were upset about what happened to your

12 friend, do you think that gave you a legal reason to do this to these
13 detainees?
14O

ACC: No reason, sir.
15O

MJ: There's an explanation, but I'm just saying....
16O

ACC: There's no way to justify that, sir.
17O

MJ: And you knew it was wrong at the time, sir.
18O

ACC: Yes, sir.
19O

MJ: And today you know it's wrong.
20O

ACC: I do, sir.
21O

MJ: Does either side believe any further inquiry is required?
22O

TC: No, Your Honor.

O

45 002985
1O

CDC: No, Your Honor.
2O

MJ: Trial counsel, I would assume that the maximum permissible

3 punishment in this case is the jurisdictional limit of this court?
O

4 TC: Yes, sir.
O

5 MT: Do you agree?
O

6 CDC: Yes, Your Honor.
O

7 NJ: Special Cruz, the maximum punishment authorized in this

8 case based solely on your guilty plea is confinement for one year,

9 reduction to the grade of Private El; forfeiture of two-thirds pay 10 per month for 12 months, a bad-conduct discharge, and a fine may also 11 be adjudged. Do you understand that? 12 ACC: Yes, sir. 13O
MJ: Do you also understand that based on your plea alone, this
14 court could sentence you to the maximum punishment of which I just
15O

stated?
16O

ACC: I do, sir.
17O

MJ: There is a pretrial agreement?
18O

TC: Yes, sir.
19O

MJ: Mark the offer portion as Appellate Exhibit II, the quantum
20 as Appellate Exhibit III. Defense, have copies of both documents in
21O

front of the accused.

46O032986
1OSpecialist Cruz, I have before me what's marked as

2 Appellate Exhibit II, which is the offer portion of your pretrial

3 agreement. You should have both this document and also Appellate

4 Exhibit III. Did you sign this pretrial agreement?

.
5 ACC: The offer to plead guilty, sir?
.

6 MJ: Yes.
.

7 ACC: Yes, I did.
.

8 MJ: Did you read it thoroughly before you signed it?
.

9 ACC: I read it, sir, yes, sir.
.

10 MJ: Do you understand the contents of your pretrial agreement? .
11 ACC: I understand, sir. .
12 MJ: Did anyone force you in any way to enter into this 13 agreement? 14O
ACC: No, sir.
15O

MJ: Does this agreement contain all the understandings or
16 agreements that you have in this case?
17O

ACC: Yes, sir.
18O

MJ: Has anyone made any promises to you that are not written
19 into this agreement in an attempt to get you to plead guilty?
20O

ACC: No, sir.

47O

002987
1
MJ: Counsel, are Appellate Exhibits II and III the full and
2 complete agreement in this case and are you satisfied there are no
3 other agreements?

.
4 TC: Yes, sir.
.

5 CDC: Yes, Your Honor.
.

6 MJ: Specialist Cruz, basically, a pretrial agreement means you
7 agree to plead guilty, and in return, the convening authority agrees

8 to take some favorable action in your case, usually in the form of

9 limiting a sentence that he will approve. Do you understand that?
10O

ACC: Yes, sir.
11O

MJ: The law requires that I discuss the agreement with you.
12 Let's go over Appellate Exhibit II together. The first paragraph
13 said you talked it over with your attorneys and you've decided to
14 plead guilty as you have done, pretty straight forward. Do you have
15 question about that provision?
16O

ACC: No, sir.
17O

MJ: Paragraph 2 says you agree to do as stated in the offer to
18 plead guilty, and in return, the convening authority will take the
19 actions set forth in Appendix I, which I've now labeled as Appellate
20 Exhibit III. In other words, you do what's in Appellate Exhibit II
21 and they do what's in--or he does what's in Appellate Exhibit III.
22 Is that your understanding?

48 O002988
1O

ACC: Yes, Your Honor.
2O

MJ: Now paragraph 3 has got a lot of parts to it. The first
3 one, 3 Alpha deals with the stipulation of fact. We've discussed
4 that, what it is and what it can be used for. Do you have any
5 question about the stipulation of fact?
6O

ACC: No, sir.
7O

MJ: Now 3 Bravo deals with your testimony in other cases, in
8 that the convening authority will give you testimonial immunity, and
9 after he does that, you have to cooperate fully with the trial

10 counsel in the investigation and prosecution of Specialist Om 11 Sergeant, Staff Sergeant 411111111m, Corporal 1111¦114 Specialist 12 tOMMIllft, Specialist 11111111111, PFC 1110111110, and any other soldier or 13 civilian charged based on misconduct at the Baghdad Central 14 Confinement Correctional--excuse me, Confinement Facility at Abu 15 Ghraib. Now, what testimonial immunity means is that the convening 16 authority will sign a piece of paper saying that anything you say in 17 the course of this cooperation cannot be used against you. Do you 18 understand that? 19O
ACC: Yes, sir.
20O

MJ: And Mr. 111111116 you've explained to him the difference
21 between testimonial and transactional immunity and he understands
22 what he's getting?

49O032989
1 OCDC: Yes, Your Honor.
O

2

MJ: And it talks about what "cooperate fully" means. It means

3 full disclosUre to the trial counsel of all information known by you

4 relating to the treatment or maltreatment of any alleged abuses at

5 the Abu Ghraib facility; the identifications of anybody that you see

6 in digital photos on a compact disk entitled "CPU Exam," in the Abu

7 Criminal Investigation Division file. I'm assuming, Mr. Maggs, you

8 know what that refers to, the CPU Exam, do you know what that means?

9O

CDC: No, Your Honor.
10O

MJ: No, I'm saying, it says a compact disk titled this.
11OCDC: Oh, yes, sir, yes, sir.
12O

MJ: I don't know what it means, but I'm assuming you guys know
13 what it means, some disk that CID has.
14O

CDC: Yes, sir.
15O

MJ: And then testify at any Article 32 investigation, courts-
16 martial and evidentiary hearings relative to the investigation and
17 prosecution of imilk.or anybody

0110, .

18 else. Do you understand that?
19O

ACC: Yes, sir.
20O

NJ: Basically, you get the testimonial grant of immunity, then

.

21 you fully cooperate. Do you understand that?
22O

ACC: I understand, sir. 50O002990
DOD 001793
1O

MJ: And although it's not written in here, defense, I would
2 assume that it's also necessarily by implication the accused is also
3 subject to be interviewed by the defense counsel for the various
4 people named here.

O

5 CDC: Yes, Your Honor.
O

6 MJ: Do you understand that?
O

7 ACC: Yes, sir.
O

8 MJ: Three Charlie talks about the judge alone request, we've

9 already discussed that. Do you have any questions about that
10 provision?
11O

ACC: No, Your Honor.
12O

MJ: Now, there's also a second three Charlie, which I'm

13 assuming is just a typo. And what this says, the government will not
14 be required to physically produce any witness from the United States
15 to testify on your behalf on sentencing. This siimply means is that
16 under R.C.M. 1001, you can have witnesses come and testify on your
17 behalf on the sentencing proceeding. And what you're saying, you're
18 not going to require the government to produce them physically from
19 the United States. Do you understand that?

20O

ACC: Yes, sir.
21O

MJ: But it does not preclude you from presenting that evidence
22 to the court in all sorts of other ways. You can do it by letters,
51

O90299.
1 stipulation of expected testimony, telephonic testimony or something
2 else. Do you understand that?
3O

ACC: Yes, sir.
4O

MJ: Paragraph 4 says you've talked it over with MAIllis and
5 you're satisfied with his advice. Have you talked it over with Mr.

7O

ACC: Thoroughly, sir.
8O

MJ: And you're satisfied with his advice?
9O

ACC: I am, sir.
10O

MJ: Five says the government initiated these negotiations, but
11 you're pleading voluntarily and freely after advice of counsel. Is
12 all that true?
13O

ACC: Yes, sir.
14O

MJ: Paragraph 6 will not appear to apply to this case, since no
15 specification has been amended or consolidated. I assume that's
16 boilerplate, defense, just included--it doesn't apply, true?
17O

CDC: Yes, sir.
18O

MJ: Basically 6 is something lawyers put in every one of these
19 things, and nine times out of ten, it doesn't apply, and it doesn't
20 apply to your case. It's just in there.
21OParagraph 7 has got some things that we'll talk about if
22 the agreement--what could cause the agreement to be canceled. If you

52 O002992

1 withdraw from your guilty plea at any time, the agreement is
2 canceled. Do you understand that?
3O

ACC: Yes, sir.
4O

MJ: Do you want to withdraw from your guilty plea?
5O

ACC: No, sir.
6O

MJ: If you change your mind, let me know, okay?
7O

ACC: Yes, sir.
8O

MJ: Secondly, is if you fail to plead guilty as above, or if

9 the stipulation of fact is modified without your consent or the trial
10 counsel. Now, neither one of those things has happened. If either
11 one of those things were to happen, I'll revisit this provision. Do
12 you understand that?
13O

ACC: Yes, sir.
14O

MJ: And lastly, in 7 Charlie, it says, if the military judge

15 refuses to accept your plea or changes your plea of guilty during the
16 trial. That means if at any point between now and when sentence is
17 announced, if you tell me anything that is inconsistent with the
18 guilty plea, I will have to reopen this inquiry. And if I can't
19 resolve the inconsistency, I will have to enter a plea of not guilty

20 on your behalf. The case returns to the point when I asked, 'How do
21 you plead?" and then proceeds from there forward as a not guilty plea
22 case. Do you understand that?

53O

C 32993

1O

ACC: Yes, sir.
2O

MJ: So if that were to happen, you'd lose your pretrial
3 agreement and also the stipulation of fact is canceled. Do you
4 understand that?
5O

ACC: Yes, sir.
6O

MJ: Again, if that were to come up, we'll talk about it in more

7 detail. So far, that's not, but if it does, understand, that's from
8 now until the sentence is actually announced. Do you understand
9 that?

10O

ACC: Yes, Your Honor.
11O

MJ: And paragraph 8, it says that Appellate Exhibits II and III
12 are the full and complete agreements in the case and there's no other
13 agreements. Is that your understanding, also?

14O

ACC: Yes, sir.
15O

MJ: There isn't anything else other than what's in this piece
16 of paper, I'm holding Appellate Exhibit II and Appellate Exhibit III?
17 Is that correct?
18O

ACC: They're the same thing, right, sir?
19O

MJ: No.
20O

ACC: Oh, yes, sir.

54

O002994
1O

MJ: What you are holding in your hand is the same thing, but
2 you're looking at something else I'm not going to look at for a

3 while.
4 ACC: I understand, that's correct.
5 MJ: But that's the whole agreement.
6 ACC: Yes, sir.
7 MJ: Now, I'm not going to look at Appellate Exhibit III until

8 after I announce the sentence in your case. But I want you to look 9 at it now and read it silently to yourself and then tell me whether 10 that is what you and the convening authority agreed to. 11O
CDC: Your Honor, can I approach the trial counsel? 12 MJ: Sure. 13 [CDC retrieved document from TC.] 14 ACC: [Accused read Appellate Exhibit III.] Yes, sir. 15 MJ: Is that what you agreed to? 16 ACC: That is, Your Honor.
17 MJ: Now, Specialist Cruz, you're going to get the benefit of 18 whichever is less, the sentence adjudged by this court or what the 19 convening authority agreed to in that document. If the sentence 20 adjudged by this court is greater than the one provided in the 21 pretrial agreement, the convening authority must reduce the sentence 22 to one no more severe than the one in your pretrial agreement. On
55
02995

1 the other hand, if the sentence of this court is less than the one in
2 your agreement, the convening authority cannot increase the sentence
3 adjudged. Do you understand that?
4O

ACC: Yes, Your Honor.
5O

MJ: Now, have you had enough time to discuss this pretrial
6 agreement with your defense counsel? Have you had enough time to
7 talk this over with----
8O

ACC: Yes, I have had enough time, yes, sir.
9O

MJ: Are you satisfied with his advice concerning this pretrial
10 agreement?
11O

ACC: Yes, sir.
12O

MJ: Did you enter into the agreement of your own free will?
13O

ACC: I did, sir.
14O

MJ: Did anyone try to force you to make this pretrial
15 agreement?
16O

ACC: No, sir.
17O

MJ: Do you have any questions about your pretrial agreement?
18O

ACC: No, sir.
19O

MJ: Do you fully understand the terms of the pretrial agreement
20 and how they affect your case?
21O

ACC: Yes, sir.

56 O002906

1O

MJ: Are you pleading guilty not only because you hope to
2 receive a lighter sentence, but also because you are convinced that
3 you are, in fact, guilty?
4OACC: I am, sir.
5OMJ: Do counsel for both sides agree with the court's

6 interpretation of the pretrial agreement?
O

7 TC: Yes, sir.
O

8 CDC: Yes, Your Honor.
O

9 MJ: Now, Specialist Cruz, I just want to go over one other
10 thing that occurred to me. When you saw the--when you told me
11 earlier about you saw some bleeding on one of the detainee's wrists

12O

from the....
13OACC: The handcuffs, sir?
14OMJ: From the handcuffs. And you said something to the effect
15 is that, "Would you stop doing this?" or something.
16OACC: I said, "We should loosen them."
17OMJ: You were referring just to the handcuffs?
18OACC: Yes, sir.
19OMJ: Were you referring to the continuing abuse being done at
20 the time?
21O

ACC: I left right after that, sir.

57 O002997

O

MJ: You left right after that. But up to that point, had you

said anything to anybody after you joined in with everybody else to

indicate you didn't want to participate?
O

ACC: No, sir, I never withdrew.
O

MJ: Until--you left after the handcuff....
O

ACC: Well, that's when I physically....
O

MJ: Physically left, okay.
O

Defense counsel, have you had enough time and opportunity
to discuss this case with your client?
O

CDC: Yes, Your Honor.
O

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

ACC: Yes, sir.
O

MJ: And have you, in fact, consulted fully with your defense
counsel and received the full benefit of his advice?
O

ACC: Yes, sir.
O

MJ: Specialist Cruz, I'm going to ask you to speak up a little
O

bit.
O

ACC: I'm sorry, sir.
O

MJ: I think the court reporter may have a tough time hearing
O

you.
O

ACC: Yes, sir. 58 O032998
1O

MJ: Are you satisfied that your defense counsel's advice is in
2 your best interest?
3O

ACC: Yes, sir.
4O

MJ: And are you satisfied with your defense counsel?
5O

ACC: I am, sir.
6O

MJ: Are you pleading guilty voluntarily and of your own free
7 will?
8O

ACC: Yes, sir.
9O

MJ: Has anyone made any threat or tried in any way to force you
10 to plead guilty?
11O

ACC: No, sir.
12O

MJ: Do you have any questions as to the meaning and effect of a
13 plea of guilty?
14O

ACC: Do I have any questions?
15O

MJ: Do you have any questions about the meaning and effect of a
16 plea of guilty?
17O

ACC: No, sir.
18O

MJ: Do you fully understand the meaning and effect of a plea of
19 guilty?
20O

ACC: I understand, sir.
21O

MJ: Do you understand that even though you believe you are
22 guilty, you have the legal and moral right to plead not guilty and to
59

f"'.00(}•1
I.PGti
1 place upon the government the burden of proving your guilt beyond a
2 reasonable doubt?
3O

ACC: Yes, sir.
4O

MJ: Take one last moment now and consult with your defense

counsel and tell me whether you still wish to plead guilty. [Accused
6 conferred with his counsel.]
7ODo you still wish to plead guilty?

8O

ACC: I want to plead guilty, sir.
9O

MJ: Specialist Cruz, I find your plea of guilty is made
10 voluntarily and with full knowledge of its meaning and effect. I
11 further find that you have knowingly, intelligently and consciously
12 waived your rights against self-incrimination, to a trial of the
13 facts by a court-martial and to be confronted by the witnesses
14 against you. Accordingly, your plea of guilty is provident and is
15 accepted. However, I advise you that you may request to withdraw
16 your guilty plea at any time before your sentence is announced and if
17 you have a good reason for your request, I will grant it. Do you
18 understand that?
19O

ACC: Yes, sir.
20O

MJ: Accused and counsel, please rise. [The accused and his
21O

counsel stood.]

C DOW
60

1.Specialist Armin J. Cruz, in accordance with your plea of
2 guilty, this court finds you:

3 Of both Charges and their Specifications: Guilty.
4 Please be seated.
5 Specialist Cruz, we're now entering the sentencing phase of

6 the trial where you have the right to present matters in extenuation
7 and mitigation, that is, matters about the offenses or yourself that
8 you want me to consider in deciding your sentence.
9OIn addition to testimony of witnesses and the offering of

10 documentary evidence, you may yourself testify under oath as to these 11 matters or you may remain silent, in which case, I will not draw any 12 adverse inference from your silence. 13OOn the other hand, if you desire, you may make an unsworn 14 statement. Because the statement is unsworn, you cannot be cross-15 examined on it. However, the government may offer evidence to rebut 16 any statement of fact contained in an unsworn statement. 17 An unsworn statement may be made orally, in writing, or 18 both. It may be made by you, by your counsel on your behalf, or by 19 both. 20ODo you understand these rights? 21O
ACC: I understand, sir.

61 003001
1O

MJ: Defense counsel, is the personal data on the front page of
2 the charge sheet correct?
3O

CDC: Yes, Your Honor.
4O

MJ: Has the accused been punished in any way prior to trial
5 that would be illegal punishment under Article 13?
6O

CDC: No, Your Honor.
7O

MJ: Has he been under any form of pretrial restraint, other
8 than the normal limitation on soldiers' movements in this theater?
9O

CDC: No, Your Honor.
10O

MJ: Trial counsel, do you have any documentary evidence to
11 present on sentencing?
12O

TC: Yes, sir. The government would move to admit the enlisted
13 record brief of the accused.
14O

MJ: The ERB of the accused has been marked as Prosecution
15 Exhibit 2 for identification.
16O

Defense counsel, have you had an opportunity to review this
17 document?
18O

CDC: Yes, Your Honor.
19O

MJ: There are some pen and ink corrections you've made?
20O

CDC: I'm sorry, sir?
21O

MJ: There's been some pen and ink corrections?
22O

CDC: Yes, Your Honor. 62 O Oa:
RE CTED
COPY

CO3063
COURT-MARTIAL RECORD:

• NAME .) A R (V11 WG SPC
SSN.
ACTIONS CODED: • ASSIGNED. 1
1 0:
INITIAL
PANEL if"
•
ACCA.
• EXAM. DIV.
FINAL
COMPANION(S):

RETURN THIS .FILE TO:

OFFICE OF THE CLERK OF COURT
US. ARMY .JUDiCIARY
901 NORTH • STUART STREET,. SU ITE:1200

•• ARLINGTON, VA. 2220371837
vnLI
OFIVOL(S)
•
200 4 0 9 7 3
ARMY
CO
JALS-CC FORM 24, tOCTOBFR 2000
L03004

VOL II of II ORIGINAL COPY
VERBAT IM1
RECORD OF TRIAL2
(and accompanying papers)
. OF
CRUZ, Armin J. (NAME: Last, First Middle Initial) MIS, 502d MI Bn (Social Security Number) Specialist (Rank)
504th MI Bde (unit/Command Name) US Army (Branch of Service) Victory Base, Iraq (Station or Ship)

BY . SPECIAL ( BCD ) COURT—MARTIAL
CONVENED BY COMMANDING GENERAL
(Title of Convening Authority)
Headquarters, III Corps

(Unit/Command of Convening Authority)
TRIED AT Baghdad, Iraq ON
11 September 2004

(Place or Places of Trial) (Date or Dates of Trial)
COMPANION CASES: anumemnimmumm
11111 •01•111511101ftem
rri .c• exhibits r-rg rrc) c-)rritz, ••Myna.

I Insert "verbatim" or summarized" as appropriate. (This form will be used by the Army and Navy for verbatim reartgs of trial only.)
2 See inside back cover for instructions as to preparation and arrangement.
UD FORM 490, OCT 84

Previous editions are obsolete.
FRONT COVER
20040073
1 MJ: Trial counsel, do you have any objection to the pen and ink
2 corrections?
3 TC: No,OYour Honor.
4 MJ: Defense Exhibit, do you have any objection to Prosecution
5 Exhibit 2 for identification with the pen and ink corrections?
6 CDC: No,OYour Honor.
7 MJ: Prosecution Exhibit 2 for identification is admitted.
8 Government?
9 TC: The government has nothing further, Your Honor.
10 MJ: Defense, do you have any documentary evidence to present on
11 sentencing?

12O

CDC: Yes, Your Honor, I've previously handed those to the court
13 reporter.
14O

MJ: Defense Exhibit Alpha, Defense Exhibit Bravo and Defense
15 Exhibit Charlie, any objection to these documents?
16O

TC: No, Your Honor.
17O

MJ: Before I admit them, I want a chance to review them. Are

18

the originals in Defense Exhibit Charlie, are these like computer-
19 generated stuff?
20O

CDC: I'm sorry, sir, I'm not sure....
21O

MJ: Well, I'm saying, Charlie is the one with the pictures in
22 it. Are there original photos that the accused would want back----

63 C 03006
1 CDC: No, those are photocopies, Your Honor.
O

2

MJ: These are digital colored copies.
O

3 CDC: Those can go up with the record.
O

4

MJ: The court will be in recess while I read the documents.
5O

[Court recessed at 1031, 11 September 2004, and reconvened at 1111,
6 11 September 2004.)
7O

MJ: Court is called to order. All parties are again present
8 that were present when the court recessed.
9O

Trial counsel, there's no objections to Defense Exhibits
10 Alpha through Charlie?
11O

TC: No objection, Your Honor.
12O

MJ: They are admitted.
13ODefense?
14O

CDC: Your Honor, before I forget, I'd like to go ahead and offer
15 Defendant's Exhibit D for identification.
16O

MJ: And that's a CD?
17O

CDC: Yes, Your Honor.
18O

MJ: A DVD?
19O

CDC: Yes, Your Honor.
20O

MJ: Do you want to play it?

64

CDC: It doesn't have to be right now. I was just going to offer

2 it and get it into evidence. We can play it right now, if you'd like
3 to do that.
4 MJ: Let's play it right now.
5OCDC: Okay.

6
TC: Your Honor, just for clarification sake, we're going to
7 play the video, VCR version of that same information. So I'm not
8 sure if you want to enter the CD, as well. Again, just to clarify

9O

that.
10O

MJ: We're using different technology here there, Major
11O

TC: Yes, sir. There is a DVD and a VCR copy of the same
12 footage.
13O

MJ: And you have VCR capability? 14 TC: Yes, sir, and the VCR is ready to go. 15O
MJ: We'll play the VCR. Is it okay if we use the VCR as the

16 exhibit?
17 CDC: Yes, Your Honor.
18 MJ: Is that in your hand the exact same thing that's on the
19 VCR?
20 CDC: Yes, Your Honor.

21O

MJ: Could you give that to the court reporter for insertion n
22 the record of trial, and it's easier to make copies off of that than

65 033008
1 it is off the other one. It's the same. The exhibit itself will be
2 the videotape.
3O

TC: Yes, sir.
4O

MJ: Any objection to Defense Exhibit Delta?
5O

TC: No, Your Honor.
6O

MJ: Defense Exhibit Delta is admitted.
7O

TC: Play the video. [Defense Exhibit D was played in open
8

court. The following is a transcript of the audio.]
9O

AUDIO: The Honorable Judge... We thank you for the
10

opportunity to address the court regarding the sentencing of our son,
11 Specialist Armin John Cruz. We appreciate you taking the time to
12 hear us. And so out of respect of your time, we are reading a
13 prepared statement as a way to keep on track. Our purpose is merely

14

to share with you our full and substantial experience of our son's
15 character as his parents. Please consider the following about our
16 son during your deliberations.
17O

Armin volunteered to serve his country, postponing his
18

education to do so. He could have chosen to complete his education
19

first, joining the Army through ROTC. However, he chose to join as
20 an enlisted soldier. He is a young man who has put his country's
21 interests in winning the war on terror before his career and his
22 interest of completing his bachelor's degree. He has done this for

66 003009
1 his own deeply personal reasons not complaining or expecting special
2 treatment for his sacrifices, but also because he's a first
3 generation American and born and raised in an Army family.

4O

Armin has served admirably, earning a Purple Heart and a Bronze
5 Star. He was wounded in a mortar attack and despite his heroic
6 efforts, could not save the life of his best ftiend and mentor in
7 Iraq. He has never refused a request that entailed putting his own
8 interests behind those of someone else. On the whole, he has been a
9 selfless, compassionate, bright, dedicated and loyal team player for

10 the Army. Please do not lose sight of.the unique character of our
11 son or his service record by lumping him in with other. soldiers
12 accused of wrongdoing. Contrary to some of these other soldiers,
13 Armin did not enjoy his participation in the incident. Armin has
14 taken responsibility for his mistakes. He is not passing the buck.
15 We know that Armin views this as a personal failing and regrets not
16 having the courage or conviction in the moment he chose to
17 participate in the abuse of detainees. Even though we know that our
18 son was suffering from the lingering effects of stress from combat
19 trauma and enormous pressure from being overworked in his MOS, he

20 still blames only himself for failing to follow his personal moral
21 code and Army training. Even though we know that had the proper
22 support system been made available to our son to help him deal with

67

0 3 0 1 0
his traumatic combat experiences, he would not now be in this
2 position. Our son, nevertheless, takes full and complete
3 responsibility for his choices without pointing fingers or lamenting

4O

if only....
5O

'Armin's attorney,41111111=0, has pointed out many
6 considerations for your deliberation on sentencing. We understand
7 the Army's reasoning for punishing Armin, but the Army will not

8 •

punish Armin more than he is punishing himself. It is our further

9 wish and prayer that you realize that Armin's choice to participate
10 in the abuse of detainees does not define his character, but only
11 contrasts it. lie's a good man and a good soldier who was put under
12 enormous pressure and made a bad decision. But he has learned from
13 his experience and has vowed to overcome the poisonous effects it has
14 had on his spirit and he will overcome it.

15O

What happened to the detainees at Abu Ghraib is a tragedy,
16 but we hope you see that to saddle our son with a bad-conduct
17 discharge for the rest of his life is a further tragedy. Not only do
18 we know that our son is a good man, but we have heard the remorse in
19 his voice over our countless conversations with him since this.

20 incident. We respectfully ask that you give due weight to our
21 observations and we thank you for hearing our plea.
22OMJ: Defense?

O

68 003011
1O

CDC: Yes, Your Honor. We call Sergeant First
2 Sergeant First Class.

, U.S. Army, was called as a witness

3

for the defense, was sworn, and testified as follows:

4O

DIRECT EXAMINATION
5 Questions by the trial counsel [Major]:
6O

Q.O

If you would, please state your full name.
7O

A. 1111=111111Milinum
8O

Q.O

And your unit of assignment?

9.

A.O

HHC, 504th MI Brigade.

10 Questions by the defense [Mr. Karns]:

11.Q.OO

Sergeant

if I ask you any questions you don't know the
12 answer to, just let me know, or if you don't understand the question,
13 just let me know and I'll try and rephrase it for you.
14OYes, sir.

A.O
15O

Q.O

What's your current unit?
16OHHC, 504th MI Brigade.

A.O
17O

Q.O

And what's your current duty assignment?
18OI'm the 111111.1111.11111111111111111111.11

A.O

19OWhat's your MOS?

Q.
O
20O

A.
I'm a WHIM
21O

Q.O

And how long have you been in the Army?
22O17 1/2 years.

A.O69 O003012
1O

Q.O

Have you ever been deployed before?

2OYes.

A.O

Q.O

3OHow many times?

A.O
5O

4OSix.

Q.O

And did you say whether or not you're active or Reserve?
6OI'm active duty.

A.O
7O

Q.O

And do you know Specialist Cruz?
8OYes.

A.O

Q.O
10O

9OHow did you come to meet him?

A.O

He was transferred to our unit, I think, in April, and
11O

that's how I met him.
12O

Q.O

And you've come into contact with him how often since that
13 time?
14O

A.O

Pretty much on a daily basis up until about a month ago, a
15 month and a half when he was transferred to one of the battalions,
16 but I see him ­
now about four or five times a week.
17OHow is that possible?

Q.O
18O

A.O

Well, he was with HHD, he worked in the building that my
19 office is in, and then when he was with the other battalion, he works
20 in a different office, but his duties, his current duties, I see him
21 every day, or I 'see him four to five times a week.

22O

Q.O

Okay, basically, what are his current duties?

70

O 3O
DOD 001816
1O

A.O

He's the MWR monitor, and so I see him like in the barracks
2 or up at MWR all the time.
3O

Q.O

What was your initial impression when you first met him?
4O

A.O

My initial impression was, just a soldier. I didn't really
5 try to form an opinion.
6O

Q.O

What is your opinion of him now?
7OAs I got----

A.O
8O

TC: I'd object. I just want clarification as to what type of
9 opinion, what--
.10O

MJ:

Mr...ft you need to focus the question, please.
11O

CDC: I'll narrow it down.
12O

Q.O

Did you have an opportunity to observe his duties?
13OYes.

A.O
14O

Q.O

How do you think he performed his duties?
15O

A.O

He did all the tasks that he would give him in an
16

outstanding fashion. Everything was done on time. He was on time.
17

He was prompt in all the duties that he accomplished.
18O

Q.O

Did you ever see him take initiative on anything?
19O

A.O

Pretty much everything he did he took some kind of
20

initiative to either make sure it got done or improve the way,
21

improve on what we expected. Like we had a lot of--in our building,
22 there was a lot of maintenance issues, so we would put work orders

71
003014
1 in, but they were kind of slowly getting done. So, certain tasks, I
2 personally told him to go and put the work orders in, and all of a
3 sudden, things started getting done. He built a rapport down there
4 with people who are responsible for fixing some of the stuff and came
5 up with all kinds of ideas to get things done within our building.

6O

Q.O

So do you think he made a difference in that regard, as far

7 as getting things accomplished?
O

8 A.O

Yes. On some of the stuff, we had put repeated work orders

9 in for them, and for some reason, they didn't get done. He started
10 to get things done.
11O

Q.O

Why did you choose Specialist Cruz to help you with that?
12OI think the soldiers we had to choose from that worked in

A.O

13 the MI, I thought he was more responsible.
14O

Q.O

What was his unit's mission? What was Specialist Cruz's
15 unit's mission at that point?
16O

A.O

Well, HHD was the Headquarters and Headquarters Detachment
17 for the brigade, so we housed all of the staff and performed all the
18 staff functions for the brigade.
19O

Q.O

How would you describe his level of dedication to the
20 mission?
O

21 A.O

I thought he was

,

pretty dedicated. He never--he was always
22 at work on time and he was always, you know, he was upbeat about

72O 0'6301'5
1 everything. He never really complained about some of the stuff that
2 some of the other soldiers were complaining about.
3O

Q.O

How well did he get along with other soldiers?
4O

A.O

He got along pretty well with all the other soldiers. Even
5 one of the soldiers who, they were in the same rank but she was in
6 charge of him, she's not the--she's lacking on some of her leadership
7 skills, he never even argued with her. He would just tell me about

8

some of the issues they had and I would go fix them, or either the
9 first sergeant would go fix them.
10O

Q.O

Was he receptive to learning new things? Did you all talk
11

about those sorts of matters as far as--well, I guess, you've shared
12 some things with me about, just kind of having an NCO-to-soldier
13O

talk.
14O

A.O

Right, I would talk with him as I started to learn, you
15 know, more about what was going on. I talked to him about just
16

keeping his head up, and I talked to him as an NCO, a senior NCO
17 about, especially because he had been over here so long, about some
18

of the things that I had went through when I was deployed and I had
19 to be extended and things like that, but just to keep his head up and
20 to stay motivated and to just keep doing the right things that he was

21O

doing.
22O

Q.O

And he did that.

73
003016
A.O
2O

1OYes.

Q.O

How does he treat his superiors?
3O

A.O

I think he has an overwhelming respect for his superiors.

4 I think that, in my opinion, just the time he was in HHD, I think

5 he's kind of a reflection of his superiors. We've got some pretty

6 good leaders, the first sergeant and company commander, at the time,

7 the brigade commander and sergeant major, and then I was there. He

8 did--he looked for approval from his superiors, and I would give him,

9 you know, I would tell him, "Hey, you did a good job here." It was
10 almost like, to me, it was like giving a kid a toy at Christmas. It
11 just made him feel good knowing that his superiors said, you know,
12 good things about him.

Q.O
O

13OHow was his military bearing?

14 A.O

Outstanding, I mean, he was always at parade rest when he

15 talked to NCOs. He always addressed people properly. He had pretty
16 good military bearing.
17O

Q.O

How was his overall attitude?
18O

A.O

I think he has a positive attitude, I mean, you wouldn't
19 think that he was even going through anything because he was always
20 positive. He would sit and talk about, not only would we talk about
21 military things, but sometimes talk about his civilian life and some
22 of the things he did as far as in civilian life, and how he was

74
nk.) 3 017-
DOD 001820
1 looking forward to getting back and doing some of the things with
2 some of the social organizations that he was with.
3O

Q.O

Have you formed an opinion as to his rehabilitative
4 potential?
5O

A.O

I don't know if I've formed an opinion, I try not to.
6 mean, I'm not sure.
7O

Q.O

Would you be willing to, let me ask this, would you be
8 willing to serve with him again?
9O

A.O

If I had a choice, I would definitely serve with him. He
10 would be one of the soldiers that I would definitely choose to work
11 with me because I think he shows initiative. I

think he's
12 hardworking. I think he works hard for his leadership. I think with
13 good leadership, he's an outstanding soldier.
14O

CDC: No further questions, thank you, Sergeant.
15O

MJ: Trial counsel, do you have any questions of Sergeant*.
16O

TC: No, Your Honor.
17O

[The witness was excused and remained in the spectator's gallery.]
18O

CDC: Your Honor, we'd like to call Captain .1111.1111111111111111111.4
19 please.
20O

[END OF PAGE.]

O

75 003018
1 Captain1allelliall1111111M U.S. Army, was called as a witness for the

2

defense, was sworn, and testified as follows:

3O

DIRECT EXAMINATION
4 Questions by the trial counsel [Major ]:

Q.O
6O

5OState your full name.

A. MMOMMONOMMOMMOMMO.
7O

Q.O

Your unit of assignment, please.
8O11Nainnammatimiimmam1111111Mana,

A.

502d MI
9 Battalion.

10 Questions by the defense [Mr. Karns]:
11 Q.

How long have you been in the Army?
12 A. 14 years.

13 Q. Is that active duty time?
14 A. that's active duty time.

Yes,O
15 Q. Prior enlistment.
16 A. Prior enlisted.
17 Q. Excuse me, prior enlisted.O

Have you ever been deployed 18 before? 19 A. Yes.
20 Q. How many times? 21 A. Three. 22 Q.
And do you know Specialist Cruz?

76 C 0 3 0 1 9
A.O

1OI do.

2OHow do you know him?

Q.O
3O

A.O

He came to our unit. We hold formation every day at
4

Headquarters Company. It's at 8:30 in the morning, except for
5 Mondays, we have formation at 8 o'clock. And every morning, I see my
6

soldiers every single day, and on one particular day, I noticed that 7 Specialist Cruz arrived at ilmilmigmlim 8 all1111111110mimill.11111111111
and he showed up and I spoke todlip
9

eismommow about, you know, who was this soldier? And he briefly
10O

said he'd talk to me offlineO

which he then went
11 in to say that he was roughly on holdover. He didn't really know the

12 full gist of what the holdover was entailing. And at that point, we
13 found out later that he was going to be assigned tominall that he
14

originally'came from the HHD, 504th MI Brigade, and that he was in
15Omone.

part ofO

Q.O
17O

16OWhat was your initial impression of him?

A. It really wasn't any impression. I look at isminaini 18
equally, and I gave him the courtesy. I went up to him, introduced
19

myself, asked him if he needed anything, you know, where was he going
20 to be staying, where was he staying currently at the time. And then
21 I spoke totalln10111111111111111 afterwards and said you know, "Let me

22

know if there's any problems, if he needs anything at all." And at

77OC33020
1 the time, we still didn't know. I personally didn't know anything
2 about what was going on.
3O

Q.O

What duties did you assign him?
4O

A. Initially, my SENIMIlasom said that he was going to the
5 command sergeant major for the 502d MI and they were looking at
6 putting him in some form of position working with 51 Fox; 51 Fox is
7 the building where all the soldiers are mainly housed, a three-story
8 building. And we were trying to create a better quality of life for
9 the soldiers there at 51 Fox, because when we arrived there in
10 January, it was pretty much a gutted out building. It was in

11 shambles, and it needed a lot of attention.

O

12. Q.O

Did Specialist Cruz help you in that regard?
13OA.O

He did. We decided that we were going to go out and
14 purchase some equipment for the soldiers. Part of it was, in this
15 technology today, soldiers rely on email. It's a great thing for
16 soldiers to have. Also, being over here when we first arrived,
17 phones were a hard thing to come by. There was one little trailer.
18 They went up and they purchased some satellite technology, dishes and
19 stuff, and along with my soldiers, the electronic personnel, they put
20 this whole system together along with my sister battalion personnel,
21 and they put that MWR together. And it was isolated in this one room
22 inside 51 Fox, and we primarily did that because we didn't want the

78O003021

1 disciplined, and he's had no problems whatsoever, you know, came
2 right into the unit and became one of us.
3OIs he a soldier that just does what he's told to do, or

Q.O
4 does he take initiative? .
5OThere are times when he has actually gone above what 40/

A.O6 arailliimpt has asked him to do, and he's come back and shown the 7 fillimiallming the stuff that he did. Case in point, that the
8 electronics and the Proximas, he helped out one of my fellow soldiers
9 that I had working up at MWR, was actually one of my cooks, because

10 of the fact when we deployed over here, we weren't really sure what
11 our mission was for our cooks, and we found out there was a lot of
12 contractual bids with different companies that were running the food
13 service. So, we put a couple of our cooks into different areas to
14 help out, to pick up the slack, and one of them was Specialist,

15 and he worked with Specialist Cruz on a daily basis.
16OHow well does Specialist Cruz get along with other soldiers

Q.O

17 in the unit?
18OHis relationship, what I've seen, what I've observed has

A.O
19 been, there's been no issues at all. He's gotten along with
20 everybody in the unit. My unit has taken him in. When he first came
21 to the unit because, again, I look at my unit as every soldier in my

80O 033023
implimp is my family. I'm a little older than most, and I treat it
2 that way. I treat every one of my soldiers as a part of my family.
3O

Q.O

How does Specialist Cruz treat his superiors?
O

4 A.O

With dignity and respect; it's never unwavering; Whenever
5 I've approached him, he's popped a salute right away. It wasn't
6 something that was like, you know, very slow motion or anything like

that. It was very popped, "Good morning, sir. Good afternoon, sir."
It was always a greeting, very respectful.

Q.O10 A.O
9OIs your experience that other soldiers don't do that?

I've had soldiers that are, I can't characterize on their
11 reasoning or why they were doing it, but I mean, I've had soldiers,
12 they could have had a bad day or whatever and they were, "Hey, sir,
13 what's going on?" that sort of stuff like that, but he never
14 exhibited anything like that.
15O

Q.O

So, how would you describe his military bearing overall?
16OIn the past that he's been under4111111111111 excellent.

A.O

17OHis attitude?

Q.O

A.O
19O

18OProfessional.

Q.O

And have you formed an opinion as to his rehabilitative
20 potential?
21O

A.O

I think that, in light of what's transpired, I think that
22 he can be rehabilitated, I do.

81 CO3024
1O

MJ: That's all you're permitted to say. Go ahead.
2OWould you be willing to serve with him again?

Q.O
3O

TC: Your Honor, we'd object to that question. It's an Ohrt
4 violation.
5O

MJ: The objection is sustained.
6O

Q.O

You are the officer who initially 1101111111111111p in this
7 case?
8OCorrect, I am.

A.O
9O

Q.O

And you continue to put Specialist Cruz or keep him in
10 the...he's allowed to have his weapon and continued to serve in your
11 unit, sometimes unsupervised?
12O

A.O

That is correct, because I didn't see the need for taking
13 away the part--for self defense measures, and he never exhibited any
14

type of unprofessionalism that would warrant us to take away his

15 weapon.
16 Q. So you would be willing to be in the foxhole with him?
17 TC: Objection,Othe same....
18 MJ: Sustained.
19 CDC: No further questions, Your Honor.
20 MJ: Trial counsel, any questions?
21 TC: No,OYour Honor.

22O

[The witness was excused and remained in the spectator's gallery.]
82

O03025
1O

CDC: Your Honor, we'd like to call Sergeant First Class ftwor

2 fammillift.

3 Sergeant First Class 11111111MIMMIlaiWii, U.S. Army, was called as a

4 witness for the defense, was sworn, and testified as follows:

5. DIRECT EXAMINATION

6 Questions by the trial counsel [Major41001111,:

7.Please state your full name.

Q..
.

8 A. igummisammumme.

9OUnit of assignment?

Q.O
10OHHS, 502d MI.

A.O

11.J:

Questions by the defense [Mr..

12.What's your current MOS?

Q..
13.My current MOS is 33 Whiskey, electronic warfare repair,

A.O

14.

sir.

15OHow long have you been in the Army?

Q..
16.I've been in 19 years.

A.O

Q..
18.All active duty time.

17.And that's active duty time?

A.O

19.And how many times have you been deployed?

Q..
20 A. This is my second deployment.
21 Q. Do you know Specialist Cruz?
22 A. I do,O

Yes,Osir. 83O003026
Q.O
2O

1OHow do you know him?

A.O

I know Specialist Cruz from when he was assigned to our
3 unit in June. Right after he got assigned to the unit, I noticed him
4 out in the formation area, and I asked him who his platoon sergeant
5 was, and he said he hadn't really been assigned to a platoon at that
6 time. Based on my first impression of him, I told him, "Hey, I tell
7 you what, we'll put you in our platoon. I'll assign you a squad
8 leader who'will look out for you, and we'll take care of you."
9OSo you've known him since June?

Q.O
10ORoger, sir.

A.O
11OHave you had an opportunity to observe his duties?

Q.O
12O

A.O

He works out--in my platoon, he works for us in the MR
13 room, so I observe his duties every day.
14O

Q.O

How would you describe his execution of those duties?
15O

A.O

He's always executed his duties very professionally, always
16 done them to standard. Usually, he always tries to improve things
17 rather than just go with what's already happening.
18OHow receptive is he to you as far as any suggestions that

Q.O
19 you would make to him?
20OHe's been very receptive. Anything I've ever asked

A.O

21 Specialist Cruz to do, he's been motivated to do, never gave me any
22 issues, always willing to help out.

COP0147

84O

Q.O

How well does he get along with the other soldiers in the

2 unit?
O

3 A.O

I think he gets along excellent with the other soldiers.
4 He's developed a- lot of friendships. Once he came into our platoon,
5 he immediately made himself a part of the platoon by showing he has
6 teamwork. He was always motivated to help everybody out. He has a
7 very generous personality, so any time he saw anybody performing any
8 type of detail, even though he might not have been tasked to be
9 involved, he'd always jump in to help out and give somebody a helping

10 hand.

Q.O
12 mentioned something before about him packing. Can you describe that
13 for the court, please?

O

11OYou mentioned something, we had talked before and you

14 A.O

Sure. Before the appearance in court, we were to inventory
15 all of Specialist Cruz's gear. This is the second time I've been
16 involved in a court-martial. The other soldiers, I had to inventory
17 their gear, once we went into their area, it was usually trashed, the
18 soldiers were not prepared. Basically, we were boxing up garbage.
19 They were like, "Oh, I want to keep that, Sergeant." So we'd have to
20 pack all their junk up, and it would be totally a waste of time.
21 We'd spend '3 or 4 hours doing it.

003023
85
1OWhen we went to do Specialist Cruz's room the other night,
2 he already had all his gear laid out dress right dress. He had got
3 down to the detail where he had his underwear, t-shirt and socks
4 rolled within one bundle so it was just like, it took us about 30
5 minutes to inventory all his gear.
6OHow does that make you feel as a platoon sergeant?

Q.O
7OThat makes me feel excellent. I didn't give him that

A.O
8 direction. I said, "Hey, we're going to come and inspect at this
9 time," and I told him what we'd be looking for. And once again, he

• 10 excelled above the standard. He took the initiative. He knew what
11 we'd be looking for. He's been in the military a few years. He just
12 went way above what I expected.
13OHow would you describe his military bearing?

Q.O
14OIt's been excellent ever since I've known him. Like I

A.O
15 said, the first time I met him, the first thing he did was pop to
16 parade rest. He addressed me as "Sergeant" every time he talks to
17 me. His bearing has been better than a lot of soldiers that are on
18 active duty. I know he's a Reservist. I know the situation he's

19 been in. He's never shown any disrespect toward anybody.
20OHow has his overall attitude been?

Q.O
21OOnce again, his attitude has been excellent. When I first

A.O
22 met him, I didn't know what the circumstances he was held over for.

86 003029
1 He just seemed to be held over on some type of admin reason. He was 2 always cheerful. He always had good things to say about everybody. 3 If somebody was down, he was always one of the first guys to step in 4 and try to lighten the mood up and make people feel better. His 5 attitude toward his duties has been excellent. He's never questioned 6 anything we've asked him to do. As a matter of fact, his duties in 7 the MWR room were actually considered kind of an easier job. He's 8 inside all day. He's got computer access, TV access. But instead of 9 just riding those duties and just getting over, he comes out and he
10 volunteers to help us load connexes. He volunteers to be on escort
11 duty out in the sun all day. Anything we've ever needed, he's always
12 stepped up.
13OHave you formed an opinion as to his rehabilitative

Q.O14 potential? 15OYes, I have. I know a lot of his future goals are to go
A.O16 back and get his master's degree and eventually become a teacher. 17 He's also--he still wants to remain in the military, and I think he'd 18 still make an excellent soldier. I don't think he's shown anything 19 other than being an excellent soldier. So I think he is fully 20 rehabilitatable. 21OCDC: Thank you, sergeant. Nothing further. 22O
MJ: Trial counsel, anything?

87 003030

1O

Q.O

And you're otherwise, when you're present here in Iraq,
2O

you're Specialist Cruz's 411111111111/111111111111.?
3OThat is correct.

A.O
4OHow long have you been in the Army?

Q.O
5OI've been in the Army approximately 18 years.

A.O
6OAnd is that active duty time?

Q.O
7OThat is active duty time.

A.O
8OHow many times have you been deployed?

Q.O
9OI have been deployed for [inaudible].

A.O
10ONow, what were Specialist Cruz's duties in your unit?

Q.O
11O[Inaudible]

A.O
12ODid you have an opportunity to observe him perform his

Q.O
13 duties or to see his work?
14OYes, I did observe him on a regular basis.

A.O
15OAnd what was your observation of his duties?

Q.O
16O[Inaudible] ...I never had to go back and check and see

A.O

17 what he was... [inaudible] ...very responsible, and then any time
18O

[inaudible].
19ODid you ever see him take initiative?

Q.O
20O[Inaudible]

A.O
21OHow was his attitude?

Q.O
22OI never had problems with his attitude.

A.O

O

89 C 03032
Q.O
2O

1ODid he get along well with other soldiers in the unit?

A.O

Yes, he always got along well with soldiers in the unit.

3ODid you feel he was dedicated to the unit's mission?

Q.O
4O[Inaudible]

A.O
5OIf he weren't pending UCMJ action, would you be willing to

Q.O
6 assign him to other duties?
7O

TC: Your Honor, object.
8O

MJ: The objection is overruled.
9O

WIT: [Inaudible]
10O

TC: Your Honor, I just want to make sure that the court
11 reporter can hear the audio.
12O

MJ: [To the reporter] Can you hear it okay?
13O

REPT: [Negative response.]
14O

MJ: Ask him to speak a little louder.
15OFirst Sergeant, can you speak a little louder, please?

Q.O
16 We're having a little trouble hearing you.
17OYes, I can.

A.O
18OThank you. How is Specialist Cruz's military bearing?

Q.O
19OEach time I spoke with Specialist Cruz, [inaudible].

A.O
20O

CDC: [To the reporter] Are you able to hear that now?
21O

REPT: [Negative response.]

90O

003033
1OHas Specialist Cruz been receptive to any suggestions that

Q.O
2 you've made to him?
3O[Inaudible]

A.O
4 • Q.O

Compared to other soldiers that you've seen that have been
5 facing UCMJ action, how would you compare his attitude to those
6 soldiers?
7O[Inaudible]...Specialist Cruz's attitude has been

A.O
8 excellent. [Inaudible] He's maintained his military bearing and has
9 worked through all of this.

10O

CDC: Thank you, First Sergeant. No further questions.
11.TC: No questions, Your Honor.
12 [The witness was excused and the phone call terminated.]
13O

CDC: Your Honor, would there be any objection to offering also
14 the stipulations of expected testimony just to make sure that....
15O

TC: No, Your Honor, not from the government, sir.
16O

MJ: No, not at all. Well, you have no objection?
17O

TC: Sir, I have no objection.
18O

MJ: I have no objection.
19O[END OF PAGE.]

91O C 3 0 3 4

1 MJ: I don't think this is going to work, Mr.1111111.
O

2 CDC: I agree.
O

3 MJ: Do you want to use the stipulation of expected testimony
4 for this witness?
5O

CDC: Yes, Your Honor, if that's okay with Specialist Cruz.
6O

MJ: He's just breaking up, or we could wait until he finds a
7 land line.
8O

CDC: I don't think--it's a matter of a phone company coming out
9 for the land line, unless he went out and drove somewhere.
10O

MJ: Why don't you excuse the witness?
11O

[The witness was excused and the phone call terminated.]
12OYou have one more telephonic?
13O

CDC: Yes, sir.
14O, lead the witness a little bit more and we'll get

MJ: Mr.O
15 shorter and maybe "yes" or "no" answers.
16O

CDC: No problem, Your Honor.

17 Staff SergeantA1111111111111111111, U.S. Army, was called as a witness
18 for the defense, was sworn, and testified telephonically:
19ODIRECT EXAMINATION
20 Questions by the trial counsel plajoraftli10:

21OState your full name.

Q.O22OWIMIMIAMMINIMIMARS
A.

93 CO3036

Q.O
2 correct?
3OYeah, a couple dozen injuries [inaudible].

1OAnd there were several soldiers injured in that attack,

A.O4 Q.O
And two soldiers were killed?
5OThat's correct.

A.O
6OAnd one of those soldiers was very close, not only a

Q.O
7 section leader, but Specialist Cruz was very close to that soldier?
8OThat is correct.

A.O
9 Q.O

And that was Sergeant111111111111111111111111111111111111M 10OYes.
A.O
11ONow, when the first mortar hit, you all hit the ground?

Q.O
12OThere were three of us, Chief 411111 [inaudible] all in a

A.O
13O

tent. 14 CDC: Could you hear that, Your Honor? 15O
TC: Your Honor, I suggest on this witness, I believe he will 16 have a land line. We could take those 2 minutes and reconnect to a 17O
landline.
18O

MJ: Let Major illeaM do this, Mr. Ism 19 TC: Sergeant, this is Major flaall again. Do you have a 20 landline, don't tell me the number yet, but do you have a land line 21 that we can call you back on? 22O
WIT: [Inaudible.]
95O

003038
1O

TC: I apologize. [To the witness] Thank you, we're having a 2 little difficulty making out some of your answers just because of the 3 connection. So, if you could speak as clearly and as loudly as 4 possible.
.

5 WIT: Yes, sir.
.

6 MJ: Repeat the last question, Mr.41MINMW
.

7 CDC: Frankly, Your Honor, I don't know where I was.
.

8 MJ: What happened when the mortar hit?
.

9 CDC:,Thank you, sir.
10 Questions by the defense [continued]:

Q.O
12 ground?
13OYes, sir.

11.Sergeant, when the first mortar hit, you all hit the

A.O
14.And then you all were scrambling to get your gear?

Q.O
15.Yes.

A.O
16.When I say "your gear," your body armor and your helmets

Q.O
17 were in another tent?
18.We were [inaudible].

A.O
19.And that night, you all were getting ready to start work

Q.O
20 and you were without your gear, and then a second mortar hit by the
21 time you all started to get up after the first one?
22OThat's correct.

A.O

003039
96
Q.O
2 another injured soldier back to you?
3O

1ONow, before you got up, was Specialist Cruz bringing

A.' Right, he was bringing our teammate at the time, Staff
4 Sergeant, back into the tent.
5OAnd Sergeant/MI6 had been hit, as well as

Q.OSpecialist Cruz?
6 A.O

I'm sorry, sir?
7OSergeant Cruz [sic] was hit, as well as Sergeant.

Q. ?
A.O
9O

8OYes, correct.

Q. And then you began treating Sergeant".
10OYes.

A.O

11 . Q.O

And Specialist Cruz then said, "I'm going to go back out 12 there." 13 A.O
Yes.

14OAnd when you got done attending to the needs of Sergeant

Q.O
O

15 you went out there and you saw Specialist Cruz attending to

16 Sergeant...111lb

17OYes, Specialist Cruz, along with several other individuals,

A.O
18 at that time, I was taking Staff Sergeant imp into the building
19O

[inaudible].
20OAnd you observed Specialist Cruz performing chest

Q.O21 compressions on Sergeant...WI
.

97 CO3040

1OA.O

Yes, exactly.
2OQ.O.

And then, you all loaded him up an&he was taken away, then
3 you all continued to.tend to the other injured soldiers?
4OA.O

Yes, correct. What he did was he took off with the vehicle
5 that SpecialistO.was in the back of [inaudible] procedures.
6 He asked to be [inaudible] of that vehicle [inaudible] to the helipad

. 7 and continued [inaudible] and the others on the'helicopter to be
8 EVAC'd to Cropper and BIM'. and [inaudible].
9OQ.O

And then after you all attended to the other soldiers, you
10 went to the hospital or at least at some point learned that he was
11 dead. on arrival at the hospital,. and then took another chopper ride
12 to the morgue facility where he was?
13OA.O

Correct, sir.

14. Q.O

And is that something that Specialist Cruz had wanted to
15O

do?
16 A.O

Yes. Armin wanted very much to see that11111110 had the
17 best possible care given to him and that [inaudible] the deceased.
18 He wanted to follow on and make sure he was put to rest properly in
19 his interim rest place.
20 Q.O

And was sergeantIONIMMOMM, was Specialist Cruz close to
21, Sergeant
O

22 A.O

Yes, very close.

O003042
99

Q.O
2 understanding that your feeling is is that when you all approached
3 the chain of command, that you were essentially, and when I say chain
4 of command, Sergeant First Class llIMIllig he was the point of contact

5 for that, and you all were, essentially, laughed off.

1OI don't want to put words in your mouth, but it's my

A.O

I would say as much, sir. [Inaudible] his response perhaps
7 was more like, "Oh, what do you want me to do?" [inaudible] help you
8 or whatever. That was the [inaudible] that was conveyed.
9OOkay, and you all were short of soldiers, at least military

Q.O
10 analysts, correct?
11OI'm sorry, sir?

A.O
12OYou were short on military analysts, correct?

Q.O
13OYes, from what I saw [inaudible] very similar [inaudible]

A.O
14 and as it turns out, the leadership [inaudible] that we did have and
15 move them to different work schedules [inaudible]. That's how myself
16 and Sergeant.. and our team [inaudible] I think at least
17O

[inaudible].
18O

CDC: Okay, thank you, Sergeant. No further questions.
19O

TC: Sir, the government has no questions.
20 [The witness was excused and the phone call was terminated.]
21O

MJ: I understand, Mr. 11111fte is you have stipulations of
22 expected testimony of all three of these witnesses?

101 003044
1 CDC: Yes, Your Honor, may I approach the court reporter?
.
2 MJ: Please.
.

3 CDC: And I'd like to go ahead and offer these. I believe
4 they've been marked.

5O

MJ: Out of an abundance of caution, because on some of the

6 telephonic testimony, at least as far as the two we took, it would

7 appear that most of it the court reporter could get. But Mr.

would it be fair to say these stipulations of expected testimony, in

9 particular, Defense Exhibits Echo and Golf, accurately reflect 'and
10 actually reiterate what they said over the phone?
11O

CDC: Yes, Your Honor. Your Honor, I'd like to call Specialist--
12 yes, Your Honor. No further witnesses, Your Honor.
13O

MJ: No, you can call Specialist Cruz. I've just got to go over
14 something with him.
15O

CDC: 'Yes, Your Honor.
16O

MJ: I just want to give him a second.
17O

CDC: Yes, Your Honor.
18O

MJ: Do you want a break, Specialist Cruz?
19O

ACC: Yes, Your Honor.
20O

MJ: The court will be in recess.
21O

[Court recessed at 1206 and reconvened at 1219, 11 September 2004.)

102 OC 03045

1O

MJ: Court is called to order. All parties are again present 2 that were present when the court recessed. 3.Mr. Immo, you wanted just to pick up the stipulation of
expected testimony?
5O

CDC: I'm sorry, sir, I'd like to....
6O

MJ: You wanted to introduce the stipulation of expected
7 testimony?
8O

CDC: Yes, Your Honor.
9O

MJ: And would it be fair to say, in case there is a slight
10 transcribing problem, that these are accurate, almost substantially
11 verbatim summaries of what the witnesses actually testified over the
12 phone?
13O

CDC: Yes, sir.
14O

MJ: I need to go over these with Specialist Cruz. Specialist
15 Cruz, did you sign Defense Exhibits Echo, Foxtrot and Golf?
16O

ACC: Yes, sir.
17O

MJ: Did you read each of these stipulations before you signed
18 them?
19O

ACC: Yes, sir.
20O

MJ: Do you agree with the contents of the stipulations?
21O

ACC: Yes, sir.

103 OCO3046

MJ: Before signing these stipulations, did your defense counsel
explain the stipulations to you?
3O

1O

ACC: Yes, sir.
4O

MJ: Do you understand you have the absolute right to refuse to
5 stipulate to the contents*Of these documents?
6O

ACC: Yes, sir.
7O

MJ: You should enter into these stipulations only if you
8 believe it's in your best interest to do so. Do you understand that?
9O

ACC: Yes, sir.
10O

MJ: Now, I want to ensure you understand how these stipulations
11 are to be used. When counsel for both sides and you agree to a
12 stipulation of expected testimony, you're agreeing that, in Defense
13 Exhibit Echo, First Sergeant Olimmumummi Defense Exhibit Foxtrot,
14O

Staff Sergeant 1111111101111111111111), and Defense Exhibit Golf, Staff Sergeant
15 Gap were present in court and testifying under oath, they would
16 testify substantially a s set forth in these stipulations. These
17 stipulations do not admit the truth of the person's testimony. The
18 stipulations can be contradicted, attacked or explained in the same
19 way as if that person was testifying in person. Do you understand
20 that?
21O

ACC: Yes, sir.

C 03047
109

1O

MJ: Now knowing what I just told you and what your defense
2 counsel earlier told you about these stipulations, do you still
3 desire to enter into the stipulations?
4O

ACC: My only question, sir, is for the two that you could
5 understand, they're 'the same thing, so....
6O

MJ: What it will be, Specialist Cruz, is that I will consider
7 both the testimony and also the stipulations, and as some of them may
8 repeat what'I heard. In fact, most of it will repeat, I will just
9 consider them both.

10 ACC: Yes, sir, I understand. 11 MJ: Do you have any objection to me doing that? O
12 ACC: No, sir.
t

13O

MJ: Trial counsel, do you concur 6n the contents of the
vAtkpulations?
15O

TC: We do, Your Honor.
16O

MJ: Do you have any objection to the stipulations?
17O

TC: No, sir.
18O

MJ: Defense Exhibits E through G are admitted.
19ODefense?
20O

CDC: Yes, Your Honor, we'd like to call Specialist Cruz for an
21 unsworn statement.
22O

MJ: Proceed.

O

105 003 048
DOD 001851
1O

[The accused took the stand for an unsworn statement.] 2OUNSWORN STATEMENT 3 Questions by the defense [Mr. gmalle : 4OSpecialist Cruz, why did you join the Army?
Q.O

.
Sir, I joined the Army because of some privileges I was
6 given at an early age. I was able to travel to Guatemala, Central
7 America and Europe, France and England, Germany, and I noticed that
8 our country is given a lot of freedoms that we take for granted, and
9 I felt a really deep need inside myself to serve. That's the biggest

10 push for it, it was just an inner push. It wasn't for a GI Bill. I
11 joined when I was a junior in college, sir. It wasn't for money. I
12 didn't get a bonus or anything. It wasn't for a kicker or anything
13 like that. I joined because my father served, because my father came
14 from Cuba. I can't say my forefathers served, but I have a very
15 patriotic sense inside me, sir, and I felt I should, and that's the
16 only reason.
17OWhen.did you join?

5 A.O
Q.O

I joined the Delayed Entry Program in September of 2000 and
19 went to basic training in January of '01.
20OAnd you're in school right now when you're not here?

18.A.O

Q.O

G03049
106

A.O

1OWhen I'm back home, I would be a senior at UT Dallas

2 pursuing :double major in history and literature and a minor in
3 American public education.

Q.O

5 to school?
O

4OWhat do you do when you're not doing the Reserves or going

6 A.O

Of course, because of the Army and other things, I work out 7 a lot. I rock climb, I swim. I used to be a lifeguard, I used to 8 swim. I also have a black belt in Tae Kwon Do; I'm a martial artist, 9 competed in wrestling and football.
Q.O11 Fort Huachuca? 12 A.O
10ONow, you went to basic at Fort Leonard Wood and then AIT at

Yes, sir.

Q.O14 A.O
13 .OThen how did you do on your test at AIT?

At AIT, all but two tests I maxed out at 100 percent or
15 better.
16ONow, how did you come to Iraq? How did that come about?

Q.O17 A.O
I was on the way to a study group at UT Dallas. My 18 commander called my cell phone and asked if I wanted to go to war. 19 He said that he needed to change so many personnel from his unit to a 20 different unit in New England and asked if I wanted to go, and made 21 clear that, since I was a graduating senior, he wouldn't make me go. 22 I went into the study group, told them what the deal was, I said,
107
CO3050
1 "Listen guys. I'm sorry, I just' literally got a call. I'm going to
2 accept it." I called my commander and said, "I volunteer." I was
3 eligible for a deployment at that time, approximately 4 months, and I
4 told my commander, "I'm not going to miss out on the first fight the
5 country needs me to be in just because I'm about to graduate. School
6 will be there when I go home, sir."
7ONow, you got cross-leveled to another unit, and that was in

Q.O

8 March of '03?
O

9 A.OThat was in March of '03. It's the 325th MI Battalion.
1 0 Q.OAnd then you came in country in April of '03?
1 1 A.ORoger.

O

What was your unit then at that point?
O

12 Q.O

13 A.O

It was the 325th MI Battalion underneath the 205th MI
14 Brigade.
15OAnd when you came in country, where was your starting point

Q.O

16 and where did you go first after that?
17OWe started at Camp Virginia, Kuwait. I wasn't there very

A.O
18 long, I believe 2 weeks at the most. And then I volunteered to be on
19 the advanced party as a 60-gunner. It was just three vehicles from
20 our battalion tacked on to another unit's advanced party. We trailed
21 up on them and went straight up to Balad and checked the route. I

C 03051
108

1OYes. It was my first experience with being shot at and

A.O
2 insurgencies and war. We all slept up on the room in Ramadi, tried
3 to beat the heat and escape it. There was one day, I was recovering
4 from a night duty. I was sleeping a little bit in the morning, and I
5 heard a whiz while I was sleeping in my cot up on the roof. I had no
6 idea what it was, and I just passed it off and didn't worry about it.
7 And then I heard another whiz and I looked at another guy that was up
8 there with me, a fellow soldier, and I said, "Did you hear that?"
9 And he said, "Yeah, I have no idea what it was, though." And we both

10 heard it that time, a snap, a very, very, distinct, and I can't
11 describe it except for quoting a movie, "Blackhawk Down," a just very
12 distinct air popping sound. We both rolled over onto the roof, the
13 floor, and crawled up against the retaining wall, and we heard a few
14 more snaps, I believe two, and we were clueless. We were clueless,
15 we didn't know what to do. We started devising a plan to go against

16 this guy, and it later turned out that he was shooting from right
17 across the street from where we were in an elevated position. And
18 while we were planning out a react to contact plan, to be quite

19 honest, I'm glad we didn't. Because in a sniper position, if we

20 would've popped up, I believe we would have just been picked off.

21OSo you learned the difference between a whiz and a snap at

Q.O
22 that point?

110 CO3053
1 A.O
I learned the difference between a whiz and a snap.
O

2 Q.O

The difference....
O

3 A.O

The whiz is, as it was explained to me when I was with 3d
4 Cavalry, is when it's in your general area and it's just going by.
5 But the snap is when, they said, is breaking the sound barrier near
6 your ears. So, it's kind of like a mini sonic boom in a bullet, it's
7 just right next to you. That's how you know you're being engaged,
8 they say.

9OAnd then June, was there another incident that you would

Q.O10 like to share with the court? 11 A.O
In June, I was on a convoy back from BIAP going towards, 12 back to home in Ar Ramadi. It was the first time I went on a convoy 13 that I had a bad feeling, and I went on convoys often. I was part of 14 a team that went out three, four times a week, minimum. And it was 15 the first time I looked at the 203 gunner, I believe it is, with the 16 grenades that go under the M-16, and I said, "Hey, man, I don't have 17 a good feeling about this one. Why don't you pop an HE round in 18 there, a high explosion." And everyone, you know, was razzing me a 19 little bit saying, "When was the last time you felt good about a
20 convoy? The threat is there," etceteras. But I didn't have a good 21O
feeling, and I can't explain why it is. That's the only time I've 22 been on a convoy when I didn't have a good feeling. And never since
111 033054
1 has that same feeling come back. Anyway, on the way back, I'm
2 sitting on the back driver's side near the tailgate of a 5-ton, and I
3 feel this heat slap on the back of my neck. I mean, the only way I
4 can describe it is if your hand was really hot and you just hit me
5 really hard on the back of the neck. I turned. I didn't realize
6 what it was, and I saw an explosion to the front and left of the
7 front vehicle. I put two and two together later on and figured out
8 it was an RPG that flew right by us and exploded just off the road.
9 I turned, and on a firing position on my knee and was scanning trying

10 to find the target, and I found him. He was semi-concealed behind a
11 sand berm, and he fired another RPG. It was a four-vehicle convoy
12 and it barely missed the trail vehicle. The front vehicle and the
13 trail vehicle both had a little bit of shrapnel on the doors. I got
14 my sight picture. I rose my weapon up, and I've gotta tell you, I
15 had a perfect sight picture. I wasn't hitting anything, and I didn't
16 know why. So what I did was I dropped my weapon down and found my
17 line of fire in the sand, and I rose it up until I saw the target
18 fall down. And then I picked up, I looked around. I knew we were
19 taking small arms fire, but I didn't know from where. I couldn't
20 find that target. To this day, I can't tell you where he was. But
21 in effect, when I hit him and he fell down, he had another RPG tube

O

112 CO3055
1 on his shoulder, and I was able to take him out before he shot it off
2 at us.
3O

And I want to take a quick second, I know it's
4 understandable and whatnot, talking about the attacks and talking
5 about my buddy dying is something to this day that was really hard,

6 and I apologize.
7O

Q.O

At Ramadi, did you all over encounter any other mortar or
8 RPG attacks?
9O

A.O

It was often, and at that point, it was the most I've ever 10 seen. It was every few nights; it wasn't every night. And it was 11 three or four at a time, rockets, mortars, bombs. We've seen suicide 12 bombers come up to the gate, and luckily, I was nowhere near the gate 13 at the time. There's been holes blown in our walls, really big holes 14 from like 122s. It was intense. We saw a lot of HMMWVs right 15 outside where our building was just get destroyed. We saw a mortar 16 land on the building next to us that was housed by MPs. We saw our 17 water blivits get destroyed and us have to go without water for a 18 while. It was already rationed, and then it got rationed even more 19 when water--I don't know what the proper term is, but the plastic 20 blivit that goes on the back of the truck, that was our water supply 21 at the time. We didn't have water bottles or anything, and 22 everything around us was getting blown up.O
033°t56

113

Q.O
2 did you start performing duties under your MOS?
3OClose to MOS, it wasn't my MOS. I was assigned to an

1OSpecialist Cruz, were you still able to, or at this point,

A.O

-4 operational management team, which is known to--who supported
5 tactical HUMINT teams. I went out with the teams and worked with the
6 teams, they were talking to people that wanted to help us, give us

7 information. The part that was my job was, I was in an analytical
8 cell, and my duties were to evaluate the threat, do predictive
9 analysis on the threat, and give that to the teams and the team

10 chiefs so they can better do their job and find who they need to be
11 talking to about what subversive groups to save our lives.
12OAnd 'after Ramadi, you went to BIAP?

Q.O
O

13 A.O

After Ramadi, and actually, one of the documents there they
14 got published there when I went to BIAP.

Q.O

16 the court?
O

15OAnd was there an incident there that you want to share with

17 A.O

Pardon me?

18OI said incident, was there a time where you assisted with

Q.O
19 some other soldiers who had come under attack?
20OAt Ramadi?

A.O
21OAt BIAP.

Q.O

A.O

22OAt BIAP?

003057
114

Where you radioed.
2OThere was one incident. I just got to BIAP and I was put

1OQ.O

A.O
3 on a nightshift in the analytical cell again supporting the Corps
4 Interrogation Facility, or the CIF. My duty there was to help
5 establish and to find intelligence gaps. Whatever the interrogator

6 needed to know about any given subject, our job as analysts was to
7 research and find it and then disprove or prove whatever the detainee
8 or source, depending, was saying. One night on night duty, our job

9 on nightshift was, in addition to that, check the commander's emails
10 and make sure nothing is popping up on a SITREP, monitor the radio
11 and telephone if anything comes through to wake him up. Well, I

12 heard this call come in on the radio and it was one of our guys in
13 the headquarters battalion got ambushed. His vehicle got hit by an
14 IED, and they weren't able to get any help. Either no one could or
15 no one would--no one could hear what they were saying on the radio.
16 I got on the radio and I asked who they were. I found out it was our
17 guys. I called up to HQ up north in Balad, arranged with a CW5 that
18 was in.the office at the time who worked dayshift. He was just
19 coming in, rescue operations, got the nine-line. I called up and got
20 helicopter support, air support because they were still taking fire,
21 and called the HQ to call--because I couldn't do this myself, to get
22 flatbeds and a ground force out there to secure the perimeter and get

115 G33 5 8

1 helmet and my weapon and I just stood there in case someone told me
2 what to do. I didn't have a clue. The base was attacked the first
3 day I got there and then all the time, all the time.
4ONow, testimony has already been presented regarding the one

Q.O

5 mortar attack where you were injured. After that mortar attack, did

6 you do anything to ask for help?
O

SergeantO

7 A.Osorry, Sergeant finatalked about

.

8 how Sergeant death affected him. I went up with Sergeant

9O

pand I asked for help. I asked to speak with a combat stress
10 team. I asked to speak to a psychologist. I asked to speak to
11 anyone to tell me that these things I was feeling, these dreams I was
12 having, even things I was seeing when I was wide awake were normal.
13 And I said to him, Sergeants I was like, "I know where I'm
14 going. This is not a good place. I want to talk to somebody."
15OAnd did you ever get that help?

Q.O

A.O

16.I didn't, and in fact, thd first couple times, he just

17 laughed at me. He said, "What do you need this for? What am I
18 supposed to do?" He was, at the time, the senior enlisted person at
19 AG that I could report to, very senior. After a while, I started to
20 wonder to myself if this was about duty performance and him worrying
21 about losing someone that can write reports or do. work or anything
22 and I approached him and I said, "Sergeant, if you're worrying about

117O

033060
1 me wanting to leave AG, if you're worried about me, you know, not
2

working or anything, I'll do this on my down day. If you send me on
3 a convoy to BIAP, I'll do this on my down day. I don't want to leave
4 AG, I don't want to stop working. I need to talk to somebody about
5 what's going on," and I was still shot down.
6O

Q.O

Specialist Cruz, on October 25th, the incident there with

7 the detainees, the next day, what did you do?
O

8 A.O

The next morning after a brief about, as I just said,
9 numbers of reports and how we're not producing, took abreak and I

*
10 went straight down tor the tai6 site, found the dayshift NCOIC,

104:v4A.
11 SergeantOand reported what happened the previous day.

12ONow, when did you first learn that you were under

Q.O

13 investigation?
O

14 A.O

Late January, January 22d, plus or minus.
15OAnd so that was when you were on R&R?

Q.O

A.O

16OI was on leave at home. If I remember right, I left on the

17 17th and I was called for an investigation a few days later.

Q.O
O

18OAnd that's when you got in contact with me.

19 A.O

I went and met the investigator, had an interview with him
20 the first day, expressed my willingness and desire to help with this
21 investigation, to get it over quickly. We talked for a few hours,
22 and then I said I wanted to get an attorney and could we continue

O

118 Q33061
1 this investigation tomorrow, the rest of it. It was on a weekend, I

2 think it was a Saturday, the first day, and the second day would be

3 on a Sunday. I went home. I retained 111.. I went in the

4 second day, ensured that the investigator had fax number, telephone

5 number, email, every contact method possible to get a hold of Mr.
O

6

my email address, my unit information. And then I expressed

7 again, "I want to be talked to. I want to help you out. The only

8 thing is I just want a lawyer next to me, but I want to tell you

9 anything."
10O

Q.O

Now, that was in January, and then you came back to Iraq in

11 January?
O

12 A.O

I think it was late January, it would be 2 weeks, so yeah.
13OAnd then you gave me your chain of command contact

Q.O
14 information.
15OI did.

A.O

Q.O

16OThen we contacted your chain of command to let them know

17 that I represented you in regard to the allegations and that you were
18 willing to cooperate and to tell us who the trial counsel was on the
19 case?
20ORight.

A.O

Q.O

21OAnd then changing the units a couple times, and we

22 continued to make that contact.

033062
119

1O

A.O

Every time I changed units, I went through the same mission
2 template. I got the entire chain of command's emails from--if I had
3 a platoon sergeant like f do this time, first sergeant, commander,

4

battalion commander, now that I have one, but when I was at HHD, I
5

didn't have one, just the brigade commander, and brigade sergeant
6 major.O

I emailed every single one of them, expressed my willingness
7

to help in this investigation, expressed my willingness and desire to
8 make this as quick as possible.
9 Q. And then early on, we got an email back from Colonel
10

fall& the brigade commander as well as the brigade judge advocate

11

that basically just said, or either didn't respond or they'd just
12 say, "We'll get back with you."
13 A.

Right, it was Colonel..., though, and yeah, the response
14 was, to use a military term,O

standby to standby.
15 Q.

And then it wasn't until July 9th that we got an email from
16 the government stating,O

asking if you wanted to cooperate.

17 A. This is correct.
18 Q. And that's when you were allowed to begin your cooperation.
19 A. Yes.

20 Q. Now,O
your unit left in March?

Okay. Specialist Cruz,O
21 A. March 17th.
22 Q. 2004.

120O

003063
A.O
2OAnd you've been extended.

1ORight.

Q.O
3OYes.

A.O
4OMoving away from that, can you tell us some people that are

Q.O

5 important to you?
O

6 A.OVery clearly, Sergeant 1111111 is very close to me. We had a
7 very traumatic event together. We, on many levels, are almost like
8 brothers, even though he's old enough to be my father. He's one of

9 the few people I can talk openly, still emotionally, but openly about
10 what happened that night. Of course my father, he's like a hero to
11 me, an extremely intelligent man. He's a West Pointer. I admire
12 him, my mother and sister. But there's this little boy that I serve
13 a godfather-type role to. His name is gisimmmi and I've been with
14 him since he was approximately just around 2 years until now, he's 5,
15 turning 6 in January.
16OSpecialist Cruz, what are your future goals?

Q.O
O

17 A.O

As soon as I get home, I want to finish that undergrad
18 degree in history and lit. I want to pursue a minor in education; I
19 want to teach. I feel I can turn people on to education. I've been
20 working with kids for community service since I was 11 years old,

21O

1991. I also want to apply to grad school, and there's still two 22 routes I'm still debating between. One is, honestly, legal, and the 121OCO3064

1 in a virtual black hole, not knowing my fate or what would happen,
2 and all I had were my thoughts and my shame to face. Believe me, in

nearly every conversation to my parents back home this came up. I'm
4 deeply apologetic for the actions that took place on that night in
5 the prison. And I assure you, sir, that over 10 months of thinking
6 about one event creates an unbelievable amount of sorrow, shame and
7 regret.
8OAn immense amount of the guilt I felt within myself derives
9 from the very reason most of us joined the Army to begin with, and

10 that is to protect and fight for those who cannot fight for
11 themselves. Of course, this is not the sole purpose we're here in
12 Iraq, however, as liberators in Iraq, this is a major goal and

13 mission for all service members here in Iraq. I clearly had an
14 opportunity to fight for those who cannot defend themselves and do
15 not. Rather, I showed a lack of leadership,. discipline, respect,
16 personal courage, integrity and honor, some of the very values our
17 Army is built upon.
18OI had something everyone dreams of, a chance to make a
19 difference. I took that chance, however, and failed to make a
20 positive difference in other human beings' life. Rather, a few
21 soldiers and I subjected detainees to hardship and humiliation. The
22 events that transpired on that night in question depicted a person

123O

033066

1 that I, myself, are not familiar with, one that, as Specialist
2 said in a news article, something close to these lines, "The Cruz I
3 know is always a calm and reserved Cruz. He never gets mad. The
4 Cruz I saw that night was a different Cruz." This is true in my
5 opinion. I was always a calm and reserved person. However that
6 night, I did not see three detainees. In honesty, I saw three people
7 who tried to kill me and who killed my section leader and my friend.
8 The amount of time I spent in the tier, in the hard site that night
9 was without a doubt, the darkest hour of my life. I turned my back

10 on my country and my Army and myself. I no longer fought for and
11 upheld the values that I strived to uphold my entire life. I was a
12 different person for that time. I assure you I'm not making any
13 excuses and I have said and continue to say that the events that
14 transpired held no honor and were clearly wrong.
15OI want to ensure that the intent of my statement is clear.
16 I accept full and complete responsibility for my actions that night,
17 which include humiliating detainees by viewing them naked,
18 handcuffing, throwing a ball in their direction, and watching others
19 on occasion pour water on them, poke and prod them and subject them
20 to a great deal of humiliation. I accept full and complete
21O

responsibility for the actions indicated in this stipulation of fact
22 concerning the night in question. Furthermore, I would like to call
O

124 003067
1 upon every noncommissioned officer and commissioned officer alike to
2 do the same. This clearly imprints a blemish in our clear and
3 honorable name in the United States Army and every soldier serving
4 proudly and honorably under Operation Iraqi Freedom. I apologize to
5 the detainees that felt the wrongdoing and to the soldiers in the
6 service that have lived the stigma of this wrongdoing.
7OSpecialist Cruz, I told you that you would have an

Q.O

8 opportunity to write a statement.OThat was the exact same statement
9 that you wrote and prepared without any----
10 A.OThis is it.OThere's no editing done.OI wrote it,Osent it,
11 and this it.
12 CDC: No further questions.
13 MJ: You may return to your seat, Specialist Cruz.
14 CDC: Your Honor,Othe defense rests.
15 MJ: Government, do you have any rebuttal?
16 TC: No,Osir.
17 MJ: Trial counsel, you may argue first on sentencing.
18 TC: Thank you,Osir.

19OSir, on behalf of the Government of the United States, we
20 respectfully submit three general points for your consideration as
21 you fashion an appropriate sentence for the accused, Specialist Armin
22 Cruz.

125
0 3 0 6 8

1OThese points are, first, the nature of these offenses.
2 Second, the logical consequences of this type of misconduct. And
3 third, the necessity for severe punishment under these circumstances.
4 The points are submitted in order to assist in fashioning a sentence
5 based on reason, and not emotion.
6OFirst, the nature of these offenses. Let's begin with an
7 examination of the basic facts. We know that the accused was present
8 at the hard site on the night of 25 October out of curiosity, nothing
9 more, nothing less. We know that SKIMP informed the accused that

10 the military police had an alleged rapist in the hard site and asked
11 the accused if he wanted to see how the MP handled the situation. At
12 that point, the accused made his first decision, to go and see what
13 was happening in the hard site. He didn't have to go, but he did.

14OAnd then the accused chose to participate. We know that he
15 wasn't compelled to participate in any way. As you can see in
16 paragraph 12 of the stipulation of fact, no one ordered the accused
17 to participate, neither military nor civilian. And you can see that
18 there was no information of value to the military intelligence
19 community to be obtained from these men. What we do know, from the

20OO

word and actions of Sergeant and Corporal SIMINNIand the
21 others, that the military police present were enjoying themselves as
22 evidenced by paragraph 8 of the stipulation. We also know that

126 O033069
1O

others, like Specialist 01111111111111 chose not to participate in this

,

2 abuse. The accused didn't have to participate, but he did.
3OThen, we know that over the course of approximately an
4 hour, the accused and his co-conspirators chose to abuse three men.
5 The accused chose to yell at these men. The accuse chose to force
6 these men to crawl along the floor, naked, shaking and frightened.
7 The accused forced these men to crawl, dragging their genitals on the
8 floor, and as the accused did this, he used his foot to press the men
9 back down to the cold concrete floor when they rose too high in his

10 estimation. The accused, this accused sitting here now, chose to
11 terrify these men, to mock them and degrade them like they were
12 animals and not fellow human beings. The accused chose to add his
13 efforts and his ideas as to how to abuse these men to the choices and
14 the actions of those around him in an effort to do what? To magnify
15 the terror and the humiliation of these men. And when he noticed
16 that one of the men was bleeding, what did he do? Despite knowing
17 that the conduct was wrong, he chose to continue. And when he saw

another soldier, spcwil, throw a football at the bound, exposed,
19 and completely vulnerable fellow human beings on the floor before
20 him, what did he do? He chose to throw the football as well. He
21 chose to handcuff these men together, pressing them together in such
22 a way as to mimic sexual relations. And when the men naturally,

127OG03070
1 reasonably tried to create space between themselves and the naked
2 body of the man now bound to hird, the accused chose to press them
3 back together, again using his feet. With contempt and with disdain,
4 the accused chose to do all of this. He did not have to, but he did.

5O

He chose, he decided, he made the conscious effort to
6 continue in this abuse along with all of his reveling co-
7 conspirators. And now, Your Honor, the accused is responsible, not
8 only for his own acts, but the acts of all of these men and women who
9 chose to torment rather than to safeguard, to demean rather than to

10 protect. And while his motivations may have been different than were

11 Sergeant SIOor Corporal men who clearly took great 12 enjoyment out of the misery of the three detainees lying helpless and 13 hopeless on the hard concrete floor, the accused assisted these 14 military police, joined them in their ultimate purpose and in their 15 terrible work. And now he is responsible for all of their actions,
16 and they of his, all because of his choice.

17OYour Honor, please let me make one final point with regard
18 to the nature of these offenses; The government has consciously
19 chosen not to call the men abused by the accused as witnesses, and I
20 have consciously chosen not to use their names here out of respect

21 for their privacy.O

In a way, however, the identity of these men is
22 really independent of the misconduct. It doesn't matter that the
128

C 0 3 0 71.
DOD 001874
1 charges of rape against these men were later unfounded as evidenced
2 by paragraph 13 of the stipulation of fact. They were men, they were
3 in our custody. And a very basic tenet of our way of life, and by
4 that I mean the American way of life is this: that all men, be they
5 enemy or friend, criminal or saint, and regardless of the color of
6 their skin, their beliefs, or their national identity are absolutely
7 entitled to dignity and respect, all men. The accused chose to
8 disregard this tenant, to take by force and savagery the personal
9 pride and sense of self-worth that we all hold dear, the spark of

10 dignity and self respect that makes us who we are. And that is the 11 fundamental nature of these offenses and the first point we would ask 12 you to consider. 13ONext, Your Honor, I would ask you to consider the 14 consequences of this misconduct. And these are the logical and 15 probable consequences of the type of misconduct at issue here, which 16 is the abuse of individuals in military custody. 17OIn paragraph 25, the stipulation of fact reveals that the 18 misconduct of the accused became known to many in the United States 19 and the world. The first consequence, a consequence captured in that 20 paragraph, is that the accused's misconduct contributed to tarnishing 21 the reputation and image of the United States Armed Forces and the
129O C 03072
1 United States in the eyes of many Americans as well as the 2 individuals throughout the world. 3OThat reputation and image will of course survive, but we 4 must not forget that it was bought with a price, a heavy price. And 5 we cannot get around the fact that the accused's conduct, despite his 6 otherwise good acts at other times and his evident remorse now, 7 worked to lessen that reputation, again a reputation paid for by the 8 hard work, sacrifice, the obedience, and even blood of many of our 9 brothers and sisters in arms.
10OBut this consequence is not the only consequence that must
11 be considered. We now know that many in the world are aware of these

12. photos. The fact that the men abused are civilian detainees and not
13 Prisoner's of War is essentially irrelevant, what is seen is men
14 being held in custody by U.S. Army personnel. That is what the world
15 sees. And so what may be some logical consequences of such behavior?
16 There are three closely related but distinct consequences we would
17 ask you to consider.
18OFirst, how might the enemy use an act like this to his
19 advantage? Here we have a number of men, a number of soldiers,
20 rather, acting in concert to humiliate and abuse Muslim men. The
21 reasons for doing so are completely irrelevant to the individual who
22 sees these photographs. Might existing enemies use such conduct as a

130 O003073
1 moral rallying point? Might not these photos cause others who might
2 not otherwise be enemies of our nation to think differently about us
3 as a people? Might not these actions on the part of the accused
4 foster further distrust and sow even greater hate? How do we now
5 convince others that we are a nation of laws, a nation of equality, a
6 nation of honor and decency? The photographs you have, Your Honor,
7 speak much louder and much more forcibly than our words. That is a
8 consequence of the accused's acts.
9OSecond, but a related consequence is this, how might this

10 behavior influence enemies in the future to treat our service members
11 when they are captive? This conflict in Iraq will, not be the last
12 for•the nation's military. There will be future fights in other far
13 away places and American soldiers, sailors, Marines, and Airmen will
14 find themselves in captivity. Will the treatment inflicted on these
15 men at Abu Ghraib come back to influence their captor's actions?
16 There is simply no way to know for sure, but this is certainly a
17 possible consequence of the accused's actions.
18OThird, the U.S. military is a fighting force unparalleled
19 in the world. Ideally, this knowledge would cause an enemy to
20 surrender to our forces whenever he finds himself arrayed against us.
21 Will an enemy be as likely to surrender if he believes that he will
22 be humiliated in this manner? No doubt some might prefer death over

131OCO3074
1 such treatment and in fighting to prevent this might cause greater

2 harm to himself and, more importantly, our forces than would
3 otherwise be necessary. To put it bluntly, will he fight more
4 fiercely and be more likely to wound or kill our soldiers because he
5 fears not so much death as degradation? This, too, is a consequence,
6 a consequence of the actions of the accused.
7OThe fact that the accused may not have considered these
8 consequences does not make the consequences any less severe, or the
9 accused any less responsible. He must now pay for his crimes. This

10 brings us to our final point, that under these circumstances,
11 significant punishment is necessary.
12OFor the sake of reasoning out this together, let us assume
13 that the accused is the type of man that the testimony and evidence
14 presented to you today suggests, that he has promise and potential.
15 If so, let's hope together that he can learn from this experience and
16 recover from the just and appropriate punishment, which you will
17 shortly administer. But consider this, sir, that the accused had
18 every benefit, apparently loving parents, supportive teachers and
19 leaders, a good education, a distinct knowledge of the difference
20 between right and wrong, and as his father said, his personal moral
21 code, as well as the aid of all our core Army values, all the tools
22 necessary to do the right thing that night, to make different

O

132 003075
1 choices. But he did not, and now he must be. held accountable. He
2 must be held accountable because this is the essence of military
3 discipline, that the needs of the Army supersede the wants and
4 desires of the individual. That men, even men under stress, don't
5 conduct themselves according to their own passing, personal desires,
6 but rather that these men follow the lawful orders, laws, and
7 regulations meant to govern the warriors of our nation. This is the
8 essence and spirit of our force, and this is the very thing the

9 accused violated.
10OAnd so, this is exactly why, in this situation, this good
11 order and discipline where punishment is most necessary, and
12 punishment most needed to restore that good order and discipline.
13 This conduct cannot, must not be tolerated. It must be dealt with in
14 such a way that other soldiers under other circumstances both
15 difficult and stressful, and sir, there will be other soldiers under

16 circumstances even more difficult and more stressful than those found
17 here, that those soldiers understand clearly that following their own
18 predilections, their own sense of justice, is inconsistent with who

19 we are as an Army and will result in swift and certain punishment.
20 There is a very fine, but distinct and important line between an Army
21 in the service of the nation and a mob of armed individuals each
22 seeking their own interests. We must hold, at all costs, to the

133O003076

1 right side of that line. Thus under these circumstances, significant
2 punishment is required, necessary, and just.
3O

Sir, the government has presented to you three broad points
4 for use in.your deliberations. First, the deliberate and harmful
5 conduct at.issue, conduct that deliberate as it was debasing, conduct
6 in concert with others in an attempt to dehumanize three fellow human
7 beings. Second, we ask you to consider the probable consequences of
8 this behavior, how this type of misconduct, abuse of individuals
9 within our custody, might have long term and grave consequences.

10O

Finally, we presented the need for punishment under these 11 circumstances to maintain the essence of what and who we are, a 12 disciplined, highly trained and deadly force exercised only by and 13 for the will of the nation, and not a mob of individuals each seeking 14 their own sense of personal justice or interests. We simply cannot 15 allow any slide toward anarchy within our own ranks. This must be 16 stopped, coolly, logically, dispassionately but severely stopped. It 17 is reason, not emotion, that must guide justice now. Sir, for all of 18 the aforementioned reasons stated above and for those otherwise 19 evident to the court, the government requests that you now punish the 20 accused with a bad conduct-discharge, reduction to El, and 21 confinement as you deem appropriate. 22O
MJ: Defense? 134 OC 03077
1O

CDC: Thank you, Your Honor, may it please the court, counsel.
2 Your Honor, the story of Specialist Cruz is that of an American Hero,

3 not a superhuman hero like we see in comic books, but a hero that is
4 human, one who demonstrates heroic acts of bravery and sacrifice, as
5 well as the capacity to make a mistake.

6O

The story of Specialist Cruz began when he became the first
7 generation American born into his family, not just any family, but
8 that of a military family. And, not just as the son of a soldier,
9 but that of a West Point graduate. The bar was set, and the bar was

10 set high. 'How would he measure up to it?
11OAs soon as he was old enough, Specialist Cruz chose
12 activities in life which enabled him to help others. From the
13 evidence we've submitted, you've read that while in high school he
14 received life saving training from the Red Cross which he's used to
15 become a lifeguard. On more than one occasion, he came to the aid of
16 swimmers in distress and brought them to shore. He also joined the
17 JROTC program rising to the rank of First Lieutenant and serving as a
18 platoon leader.
19OAfter high school, his dedication to helping others
20 continued. He majors in history and literature with a minor in
21 American public education so that he can become a certified teacher.
22 He completed his Associate's Degree cum laude. When not in school,

135 O0030'78
1 he is involved in. after school programs for elementary school
2 children.
3O

While in college, he decided that he had more time and more
4 to give, so he became a citizen soldier and joined the Reserves. He
5 took time away from his studies and went to basic & AIT, earning top
6 marks at AIT.
7O

While in his senior year in college, the Army came to him
8 and asked him if he'd be willing to serve in Iraq. Since Specialist
9 Cruz was in his senior year, his unit wasn't going to require that he

10 be activated. But, being the person that he is, Specialist Cruz
11 volunteered and disenrolled from the classes he'd already begun.
12OOnce he became activated, he was cross-leveled and he
13 arrived in Iraq in 2003, April. For his exemplary service to his
14 country from that date to November of 2003, his command nominated him
15 and he has been awarded the Bronze Star, or he's been flagged and he
16 would receive it if he weren't flagged. But not just for his actions
17 on one day, but for 8 eight months. Specialist Cruz's command
18 recognized that he was giving it his all day in and day out. This
19 was an impact award, not just an end of tour award. His unit
20 wouldn't leave for another 5 months. And this is all while he's 23

21O

years old and a specialist.

O

136 0 03079
i=4
1OIn September of '03, he was assigned to Abu Ghraib. On the
2 night of the 20th, he and his teammates were preparing for
3 interrogations when a mortar struck near their tent. Everyone hit
4 the ground and several soldiers were injured, two fatally. And
5 before Sergeant SM. could getup to go get his gear and the second
6 mortar hit, Specialist Cruz was already bringing back another
7 soldier, Sergeant., who'd been hit in the neck. He brought him
8 back to Sergeant and he told Sergeant, "I'm going back
9 out." He goes back out and he starts attending to Sergeant

10 iMOOMEMOMO, someone who's very close to him. Sergeant amiaggin. 11 body, as you've read in the stipulations of expected testimony, 12 Sergeant.body was ravaged, was missing an arm, you could 13 barely tell who it was. Specialist Cruz began chest compressions and 14 started encouraging his friend, his falling comrade, telling him to, 15 "Hang in there. You can do this. You're going to make it. We're 16 here for you." They then loaded up SergeantftWOMMOD onto the EVAC 17 chopper and began attending others. And once they were done doing 18 that, they went back and went to the hospital, learned that Sergeant 19 finimaill.had died, and they wanted to go say goodbye to him. And 20 that's how much that soldier, that comrade, meant to Specialist Cruz. 21 And they went all the way back to the morgue facility by taking 22 chopper ride.
O

137 003080
4,%740:44 ,
agpipWWWW.0W K:,:gfiY'Y'egV0
1O

This experience of being wounded in combat and losing a
2 friend that you personally attended is too much for anyone, much less
3 a 23-year old. It didn't take Specialist Cruz long to realize that
4 the stress of this experience was getting the best of him and testing
5 his limits to cope. He needed help. The Army recognizes this
6 onerous impact that such an experience can have on young soldiers and
7 that's why they developed combat stress teams. Specialist Cruz went
8 to his chain of command for help, but none was made available to him.
9OSpecialist Cruz did the best that he could to deal with the

10 nightmares and all the questions that he had, but didn't seem to have
11 any answers. To make matters worse, as Lieutenant General Jones
12 found in the excerpts that we've provided to you, while this was
13 going on also at Abu Ghraib, he found out "the difficult
14 circumstances for soldiers, including a poor quality of life and the
15 constant threat of death or serious injury, contributed to soldiers'
16 frustrations and increased their levels of stress."
17OIn addition, General Fay reported that Lieutenant General
18 Sanchez confirmed that there was a great pressure placed upon the
19 intelligence system to produce actionable intelligence. General Fay
20 also found that "Leaders failed to take steps to effectively manage

21 pressure placed upon personnel." Specialist Cruz was laboring under
22 this occupational pressure as he struggled with his personal demons.
O

138 3n I
EIMMASZAVIVERSTarigliargVAlalMOISIMAIgallagiggiailif,4)401aMifiVentIM VaRVISIWAT. atair,twaram
1OGeneral Fay also commented in his report that when he
2 interviewed ColonelOLieutenant Colonel O

7 months after
3 the attack, that Lieutenant ColonelObecame very emotional and

4 said that he still thinks about the attacks daily about the suffering 5 that Sergeant IMMOOMMONO received right before he died. General Fay 6 found that there was a general feeling by both MI and MP personnel at 7 Abu Ghraib that it was a forgotten outpost receiving little support 8 from the Army. The frequency of these attacks and the perceived lack 9 of aggressive action to prevent them were contributing factors to the
10 overall poor morale that existed Abu Ghraib."
11ORegarding the incident, this is one night, a month
12 Specialist Cruz was sitting in his cot, minding his own business,

13 when Specialiste.. came and approached him and told him about the
14 three detainees that supposedly raped a boy and what the MPs were
15 doing with them. He went there out of curiosity. He wasn't on duty,
16 and he walked to the hard site and his life then forever changed.
17OTo be sure, Specialist Cruz takes responsibility for his
18 actions and is remorseful, but let's recognize the limited nature of
19 his involvement, at least compared to the other soldiers who were
20 there--to the other soldiers that were there. This wasn't something
21 that he initiated. He was in his cot. Someone came and got him.
22 The abuse had started before he got there and it continued after he

O

139 "3082

1O

left. ThiS wasn't his idea, as the stipulation of fact says, this
2 wasn't orchestrated by him. Th re was also an E6 present, Sergeant

3 .111111101 another SergeantOwho was present. He didn't

4
enjoy his actions. He was comi g from a different place. He wasn't
5 laughing. He wasn't posing for pictures. And even in the two
6 pictures that you see, or at least the one picture that you see that
7 he's in, he's standing back away from the other people. He was told
8 the detainees raped a boy, and then he always questioned the degree
9 of the group's actions. He told an MP that a detainee was bleeding

10 around the wrist and then the next day he reported it.
11O

So, on this night, we learn that our hero is human. He's

12 fallible. Our 23-year old hero can succumb to peer pressure. At
13 times while he participated, he was active. At other times, he tried
14 to summon the strength to stop himself and the others. Even with his
15 personal problems and the poor morale at Abu Ghraib, he was

16 conflicted about what the MPs were doing that night.
17O

Now, this moment did not define Specialist Cruz's
18 character, Your Honor, but represented a departure from it. His
19 actions over his entire life before and after this incident define
20 his character as exemplary and one of the highest moral order. To be
21 fair, if we want you to consider all the good choices he's made, you
22 have to consider this choice as well, but I ask that you consider his

O

140 003083
DOD 001886
1 level of his involvement and the context in which it occurred. We
2 know he doesn't have a pattern of mistakes. To the contrary, he has
3 a pattern of making all the right choices, but he did not. So why
4 didn't he?
5OWas he able to get something off his chest that night?
6 Maybe. Did he realize that after making that choice it was not a
7 healthy way to deal with his emotions from the attack? Most
8 definitely. His actions since that night prove that he realized he
9 was not comporting himself to the highest standards of his Army

10 training and personal morals. But, what would have happened if
11 someone from the combat stress team would have been made available to
12 him? Would Specialist Cruz be here before you today?
13OWe don't know. But what we do know today is that
14 Specialist Cruz asked for help, and he should have received it. Not
15 all soldiers are going to react well under combat stress. Sometimes
16 good soldiers make mistakes under stress because they forget their
17 training or are just unable to act on it. The Army, again,
18 appreciates this fact by having combat stress teams. The combat
19 stress team isn't there for the bad soldiers who are under stress.
20 The combat stress team is there for the good soldiers who need help
21 and can be helped so that they can return to their mission to which
22 the Army assigned them. Maybe the combat stress team was too busy

141

(; 03084
1

helping other soldiers. Maybe they were understaffed. It doesn't
2 matter. That's not Specialist Cruz's responsibility.
3O

We know that Specialist Cruz is a good soldier. We know
4 that he has a pattern of rising to the occasion under stress. Why
5 did he give in to the peer pressure on the night in question? I
6 submit to Your Honor, it's because the emotional pain he was feeling,
7 the guilt, the anger, and the stress was accumulating, extraordinary,
8 and completely predictable and normal.
9O

We know that Specialist Cruz has a strong character because

10

he rebounded from that night on his own. He knew it was a mistake,
11 learned from it, and he's moved forward, fantastically. He didn't
12 learn he was under investigation until 3 months later.

13O

As I've stated, not all soldiers are going to react well or
14 according to their training under stress, and their reaction is going
15 to depend on what their experience has been up to that point. As the

16O

government pointed out, SpecialistO

didn't actively participate
17 that night. He deserves credit for that. But, while Specialist Cruz

18 was physically in the same position as Specialist Cruz--while
19 Specialist was physically in the same position as Specialist
20 Cruz that night, he was not the same emotionally. He did not have

21 the same experiences as Specialist Cruz up to this point of the war.

O

142 CO3085
REFRAMILiMMESEETRA PNIF4`,,JEIREN annateaL M_ :E STIEBBI4. atIES2P

1OThis reminds me of the movie Saving Private Ryan, Your
2 Honor. In one scene of the movie, Captain Miller and his squad come
3 across a German machine gun nest. CPT Miller gives the order to take
4 the nest. In the fight, one American soldier dies, and one German
5 soldier surrenders. The most junior soldiers who've lost their
6 comrade want to kill the German soldier, except for one, and that's
7 the translator, Opam. Opam intervenes on behalf of the German
8 soldier, arguing that it would be a crime to kill the German. To the
9 other soldier's dismay, CPT Miller reaches the dispassionate

10 conclusion that killing the German soldier does not comport to their
11 mission and orders him to be released. Later in the movie, Captain
12 Miller and his squad once again encounter the German soldier in a
13 fire fight and Captain Miller dies at the hands of this German
14 soldier. Then, Opam catches that German soldier and some of his
15 comrades off guard. Opam tells the German soldiers to drop their
16 weapons. They do and now they're EPWs. Opam, filled with anger,
17 guilt, and rage kills the one German that killed Captain Miller.
18ONow, Opam's role in these two scenes is there to challenge
19 our moral decision making or how we would respond in the same
20 situation. Unless we actually are Opam, including all of his life
21 experiences and_find_oursolves i_n_the__exact_s_ame O

situation, wa'll _
22 never know if we would act in the same way. But, what's most

143 3 0?".. 6
Rmaymmanmime' taligTV 4.1gmt-mizat nrAgpalmamostamigik tottigue Atzliffiagg
rt..i, Kiril
1 important, is that we can all identify with Opam's struggle because
2 of the context in which it occurs. His actions were legally wrong,
3 killing the German soldier was murder, but no one looked at Opam as a
4 cold-blooded murderer. The German soldier had the opportunity to
5 kill Captain Miller largely because of Opam's earlier argument that
6 killing him as an EPW was wrong. Indirectly, Opam may have had a
7 hand in creating the situation in which CPT Miller was killed.
8 Judging Opam's actions in this context is difficult. So when we
9 examine Specialist Cruz's actions, we can't forget the context.

10OAnd although in that situation, the situation after
11 attacking the German machine gun nest and then...well, what I wanted
12 to distinguish, Your Honor, is the fact that even though this

13 incident in October happened one month after, for Specialist Cruz,
14 like it was for ColonelOit might as well had been yesterday

15 that it happened, especially when you don't get treatment. And
16 granted, the scenes from the movie depict a morally complex situation
17 that most of us will never face. But in real life, soldiers must
18 make hard decisions under stress. Like I said, we know that Colonel
19 111110Mb cried 7 months after the attack. He was reliving the attack

20 every day. And in fact, Specialist Cruz was only 23 years old one .21 mmth_aut frDm_the_a_ttaak_whn_the_incident occurred When he walked 22 into the hard site that night and saw the adrenaline of the other 194 og7 W4a0,00gAmidamitak tia 4* W4044100000ff
1 soldiers going, the mortar attack might as well have just happened,

.2 and it didn't matter that those three Iraqis weren't the exact ones
3 who did the mortar attack, and Specialist Cruz was honest, the lines
4 were blurred.
5O

Also regarding the context, Your Honor, I'd like for you to
6 consider in the Fay report in one of the excerpts that I've provided,
7 I'd like for you to consider all the excerpts for the purposes of .
8 this argument. There is an expert that says using nudity as an
9 interrogation technique had already been started before Abu Ghraib.

10 And that, in the last line there it says, "The use of clothing is an'
11 incentive or nudity is significant in that it likely contributed to
12 an escalating dehumanization of the detainees and set the stage for
13 additional and more severe abuses to occur."
14OMJ: Of course, Mr. MOM the context though, is the use of
15 nudity as an interrogation technique.
16'O

'. CDC: Well, Yes, Your Honor.
17OMJ: And there's no issue in this case that these prisoners,
18 these detainees were being interrogated, correct?
19OCDC: Correct, Your Honor.
20OMJ: Okay, just make sure there's no confusion of those two

21O

cases.

145 003088
1O

CDC: Oh, absolutely, Your Honor, but I still, overall,

I believe
2 that even though just taking clothes off in general when other
3 leadership, when the leadership wasn't around, I think overall it
4 does affect the context of it. There's no excuses, but .once you
5 start taking clothes off, I believe that that's what the report is

6 stating, that you're going to have to have even tighter, greater
7 supervision, and that wasn't there.
8O

But you're right, Your Honor, regardless, Specialist Cruz

9 made his mistake, learned from it, and moved on, fantastically, and
10 even while working in different MOS's. Remember, this is a soldier
11 who is facing court-martial and has the potential to poison morale by
12 besmirching the Army if he chose to. But not Specialist Cruz, in his
13 heart of hearts, he's a soldier and a true believer. And even after
14 his clearance was pulled and he had to work in the likes of the
15 Internet café, he soldiers on, continuing to support the mission with

the best attitude and a superior dedication even to include coming up
17 with new ideas for the command.
18O

He has continued to be there for others, as well, even 19 after this incident. For example, as in the evidence that we've 20 provided to you in the soldier packet, he came up for R&R
leave
21 before another soldier, a soldier who was married and had kids. He
22 gave up his spot to that soldier so he could be with his family on

146
0 03089
DOD 001892
1 Christmas. He also became a battle buddy for a soldier in despair, a
2 soldier that now credits him with saving his life.
3O

In addition, Specialist Cruz did not get to go home, Your
4 Honor, until January of 2004, and that's when CID approached him. He
5 came to me, and together we went down to CID. We told the agent that
6 he was willing to cooperate. From that point, we just wanted to talk
7 to someone who had some negotiating authority. Over the next 6 months
8 from January, we were proactive and in constant communication with
9 his command. It wasn't until over 6 months later that the government

10 contacted us, and that was in July of 2004. And within 2 months of
11 that contact with the government, then we're here today. I just
12 point that out to Your Honor to simply state that his unit left in
13 March, and he's been here since that time, and we'd just ask that you
14 consider that, as well as initiative and willingness to work with the

15 government back in January.
16O

While we've stipulated that his actions may have tarnished
17 the Army's image, I

think if you consider the total soldier, the

context of his actions, and the .level of his involvement, the Army
19 has still gotten a great return on its investment in Specialist Cruz.
20 He hasn't been in the press pointing the finger at the Army and
21 blaming others. He's accepted responsibility. And, his plea has
22 saved the government a vast amount of resources. He's agreed to

147O003090
1 cooperate with the government. He's waived his Article 32 rights and
2 hasn't fought the government tooth and nail at Article 32s etceteras
3 and asking for hundreds of witnesses.

O

4 No doubt, Specialist Cruz's actions affected the three
5 detainees, and he accepts responsibility for that. But he's also
6 helped the government mission of helping millions of Iraqis over the
7 past 16 months. And again, Your Honor, to be fair, if the government
8 is going to--it is fair if the government says that he has affected
9 these three Iraqis and he's accepted responsibility for that. But

10 the government is also taking credit for the liberation of Iraq and
11 liberating Iraqis, and that was a mission, that taking credit for
12 that, and Specialist Cruz also deserves that credit because he's been
13 part of that mission, and so he's also helped the Iraqis that the
14 government has said that they've helped. And he's done it at such a
15 level that he's earned the Bronze Star. So I only think that it's
16 fair that we include everyone.

17OIn spite of all this, he's continued to help with the
18 mission. He isn't just punching the clock since this has come down.
19 For the past 8 months, knowing he was under investigation, he could
20 have easily thought that the Army was just going to kick him out
21 anyway and put him in jail. Like I said, his unit left in March, and
22 he's still soldiering on. The Army is still getting added value from

148 O003091
1 Specialist Cruz. He's not on the sidelines. He hasn't alienated
2 himself from the Army. That's because he's a genuine hero who
3 recognizes that he deserves punishment, but who loves the Army and
4 believe in its mission, and wants to continue to soldier on. Not
5 only does his soldering show that he still trusts the Army, it shows
6 that the Army can still trust him.

7O

As quoted from US v Wheeler, Your Honor, "A punitive
8 discharge so characterizes an individual that his whole future is
9 utterly destroyed. He is marked far beyond the civilian felon,

10 hampered as he may be by the sneering term 'ex-con.' For,

11 justifiably or not, the punitive discharge so dishonors and disgraces
12 an accused that he finds employment virtually impossible; is
13 subjected to many legal deprivations; and is regarded with horror by
14 his fellow citizens. Truly, it has come to be the modern equivalent
15 of the ancient practice of branding felons, and the strain it leaves

16 is as ineradicable."
17O

All in all, I believe that Specialist Cruz has cleared that

high bar that was set for him. He's done it by leaps and bounds. I
19 don't believe there are parents out there who wouldn't be proud to
20 call him son, a sibling proud to call him a brother, a soldier to
21 call him a comrade, and a commander who wouldn't earnestly seek him

22 out.

149 033092
1O

Specialist Cruz leaves it all on the battlefield. He leans
2 forward in ,

the foxhole. And when your back is against the wall,
3 Specialist Cruz has got your backside. He is a man of honor and a
4 soldier of uncommon mettle.
5O

SPC Cruz's story will never end, but his life will. And, I
6 believe I can safely say that when it does, Your Honor, he will be
7 there helping others.
8O

Your Honor, all in all, as far as a recommendation on

9 sentence, I think that Specialist Cruz does not deserve a bad-conduct
10 discharge. His rehabilitative potential, his command, you've heard
11 the witnesses say that he has soldiered on and continued to
12 contribute to the Army. He's done that. He's proven that. It's not
13 just after the charges came down. He was that way beforehand. This
14 is a one-time incident. It doesn't warrant a discharge, and I
15 believe that if you believe that confinement is warranted, that it be
16 minimal confinement. Thank you, Your Honor.

17O

MJ: Court is closed.
18O

[Court closed at 1320, 11 September 2004, and reopened at 1352,
19 September 2004.]
20O

MJ: Court is called to order. All parties are again present
21 that were present when the court closed.

150O033093
1O

Defense counsel, have you advised the accused orally and in
2 writing of his post-trial and appellate rights?
3O

CDC: Yes, Your Honor.
4O

MJ: That's reduced to Appellate Exhibit IV.
5O

Specialist Cruz, I have before me what's marked Appellate

6 Exhibit IV, your post-trial and appellate rights form. Is that your

7 signature on this form?

8O

ACC: Yes, sir.
9O

MJ: And Mr. iiMMION that's your signature below his?
10O

CDC: Yes, Your Honor.
11O

MJ: Specialist Cruz, did your defense counsel explain these
12 post-trial and appellate rights to you?
13O

ACC: He did, sir.
14O

MJ: Do you have any questions about your post-trial and
15 appellate rights?
16O

ACC: No, I don't, sir.
17O

MJ: Which counsel will be responsible for the post-trial
18

actions in this case and upon whom is the Staff Judge Advocate's
19 post-trial recommendation to be served?
20O

CDC: That would be me, sir.
21O

MJ: Mr. 40111111 they have your: civilian address?
22O

CDC: Yes, Your Honor. 151O003094
DOD 001897

1.

MJ: And that's your understanding, also, Specialist Cruz?
2OACC: It is.
3O

MJ: Accused and counsel, please rise. [The accused and his
4 counsel stood.]
5O

Specialist Armin J. Cruz, this court sentences you:
6O

To be reduced to the grade of Private El;

7OTo be confined for 8 months; and
8.

To be discharged with a bad-conduct discharge.
9.

Please be seated. [The accused and his counsel resumed
10 their seats.]
11.

May I see Appellate Exhibit III, please? [Court reporter
12 hands document to MJ.]

13.

The way I read the quantum portion of the Appellate Exhibit

14

III is the convening authority is free to approve the adjudged
15 sentence. Is that the understanding of both parties?
16OTC: Yes, sir.

17.CDC: Yes, Your Honor.
.18O

MJ: And Specialist Cruz, is that your understanding, also?
19.ACC: It is, sir.
20O

MJ: Any other matters to take up before this court adjourns?
21.TC: No, Your Honor.
22O

CDC: No, Your Honor.
O

152 C O3095
1O

MJ: This court is adjourned.
2O

[The court-martial adjourned at 1354, 11 September 2004.]
3O

[END OF PAGE.]

O

033096
153

AUTHENTICATION OF RECORD OF TRIAL

IN THE CASE OF

CRUZ, Armin J.,OSpecialist
Headquarters and Headquarters Services Company, 502d MI Battalion
504th Military Intelligence Brigade, APO AE 09342

recetwed the complete . record of trial for review and authentication on
7/-C-O20 0 •

COL, JA

Military judge

(7C-er—' 20 OY.

ACKNOWLEDGEMENT OF RECEIPT AND EXAMINATION

received the record of trial for review in the foregoing case on
20

Civilian Defense Counsel
20

The record of trial was served on defense counsel on O

20O

. After

verifying receipt with defense counsel on O20O

and conferring with the

military judge on review by defense counsel on O20O

, the record was
forwarded for authentication without completion of the defense counsel's review.

CPT, JA
Chief, Military Justice

C33097
154
ACTION

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

In the case of Specialist Armin J. Cruz , Headquarters and Headquarters
Service Company, 502d Military Intelligence Battalion, 504th Military Intelligence Brigade, III Corps, Victory Base, Iraq, the sentence is approved and, except for the part of the sentence extending to bad-conduct discharge, will be executed.
THOMAS F. METZ Lieutenant General, USA Commanding
---- JAN 1.8 2005
003098

.003099
PROSECUTION EXHIBITS ADMITTED INTO EVIDENCE

UNITED STATES
v.
STIPULATION OF FACT
Cruz, Armin J.
SPC, U.S. Army, !
Headquarters and Headquarters

Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade,
III Corps,
4 September 2004Victory Base, Iraq, APO AE 09342
I. NATURE AND USES OF THE STIPULATION:
1. It is agreed between Specialist Armin J. Cruz ("the accused"), the Civilian Defense Counsel and Trial Counsel, that the following facts are true, susceptible to proof, and admissible in evidence. These facts may be considered by the military judge in determining the providence of the accused's plea of guilty; to establish the elements of all charges and specifications; and they may be considered by the sentencing authority in determining an appropriate sentence. For these purposes, the accused expressly waives any objection that he may have to the admission of these facts, and any referenced attachments, into evidence at trial under any evidentiary rule, applicable case law, or Rule for Courts-Martial that might otherwise make them inadmissible.
II. THE ACCUSED:
2. The accused is 24 years old and was 23 years old on the date of the charged
offenses. The accused is a high school graduate and is in his 4 th year of college. The accused has a GT score of 116. He entered military service on 28 September 2000, attended basic training at Fort Leonard Wood, Missouri, and completed basic training in April 2001. He entered active duty in May 2002 to complete his MOS training and was released from active duty on 31 October 2002. The accused was activated for his current period of service in support of Operation Iraqi Freedom on 17 March 2003. The accused has a total of approximately 3 years and 11 months of service in the United States Army Reserve. As a civilian, the accused attends the University of Texas at Dallas where he has a double major in History and Literature and a minor in education. The accused received Geneva Convention and UCMJ training during basic training.
3. At the time of the charged offenses, the accused was on active duty in the United States Army. He was originally assigned to 325 th Military Intelligence Battalion and
arrived in Iraq on 1 April 2003. The accused is now assigned to Headquarters and Headquarters Service Company, 502 nd Military Intelligence Battalion. At all times relevant to the charged offenses, the accused was on active duty. This court has proper jurisdiction over the accused and the charged offenses.
G 3,10 0
PROSECUTION EXHIBIT l FIB OFFERED R./3 ADMITTED R. lb
Stipulation of Fact — United States v. Cruz
III. THE MISCONDUCT
4.
The Baghdad Central Confinement Facility (BCCF) is located in Abu Ghraib, a city located approximately 12 miles west of Baghdad, Iraq. Within the BCCF there are several compounds used to hold a large number of detainees. One of the compounds is actually a series of buildings built to contain individual cells. This compound is known as the "hard site" and consists of a number of halls, or tiers. Detainees in tier 1 were divided into two sub-tiers, tier 1A and tier 1B. During the relevant time, tier 1A was used for MI holds, those individuals who were believed to possess information of tactical, strategic, or operational value. Tier 1B was used to house certain sub-categories of civilian detainees including women and juveniles. Tier 1B also housed detainees who had caused disciplinary problems.

5.
On the night of 25 October 2003, the accused was awakened by SP an MI soldier known to the accused and assigned to the accused's unit. SPC told the accused that the MP had some suspected rapists in the hard site and asked the accused if he wanted to se- low the MP dealt with the alleged rapists. The accused agreed to accompany SPC to the hard site. The accused, SPCdS, and SPC 111111111.111m1pall of the 325 th Military Intelligence Battalion arrived at the hard site and walked to tier 1 B. At tier 1 B, the accused found a number of MP personnel resent including the night shift NCOIC of the hard site, CPL iiiiimithe night shift NCOIC of tier 1A, SPC the NCOIC of tier 1 , and SPC aftiggingull a soldier assigned to work in the hard site on the night shift. Also present were Mr. eliIIMIMIMIN. an employee of the Titan Corporation, Baghdad International Airport (BIAP), Baghdad, Iraq as well as various Iraqi Corrections Officers and other members of the 372d MP Company. These other members of the 372d MP Company, SPC eine and the Iraqi Corrections Officers did not participate in the

abuse of detainees that was to follow.
6. Upon arrival, the accused was notified by SPC that the MP were "taking a break." It appeared to the accused as if the MP had previously been conducting some sort of activity with three detainees. The detainees were in a cell together, and all three were naked. The detainees appeared to be afraid and deeply distressed. The three detainees in the cell and that were later abused werea1.111111111111.1.1...seignis
411116111011S4MON Mr. ISAMU. and Mr. NM ISN!
7. SPC then opened the cell and pulled the detainees into the hallway. SSG wand CPLIIIIMIllewere initially standing by and observin . SP0111111111110 —was present and was holding a camera. SPC was also
present. SSGIIIIMMINErma, and SP ,bean yelling at the detainees and-forcing-them-to-lay-on-the-floor.—SSAIMMCPLWID; and -SP then began to force the detainees to crawl along the floor dragging their genitals on the floor itself. The accused joined in this effort, yelling at the detainees and using his foot to keep the detainees from rising too high off the floor. The detainees, principally at
2
C 03101

Stipulation of Fact — United States v. Cruz
CPL
instruction, were also forced to roll on the ground and perform a variety of
physical exercises while they were naked.

8. At some point prior to this activity, the accused was told that the detainees had
allegedly raped a 15-year-old boy, also detained in the facility. Mr. ..ma Mr.

ammo and Mr..1.1.11.111.11.11 had denied doing so, confessed to the act, recanted,
then apparently "confessed" again. At some point, the accused asked SSGINIONSpif
the abusive behavior the detainees were being subjected to was permissible. SSG
(.111111.11.told the accused something to the effect of "what you don't understand is that we don't get the chance to do this stuff in the civilian world."
CPLD then added
that he "loved this shit." When pressed, both SSGMIIII.nd CRUM. stated
that they were "within their rights" to abuse detainees. The accused observed that one
of the detainees was bleeding from his wrist were he was still handcuffed or possibly the
knee. The accused commented on this bleeding to the MP and asked if the abuse
should stop. CPL
urged the accused and others to continue with the abuse, and
the accused and other individuals participating in fact did continue.

9. Notwithstanding SSG
and CPLINININ.assertions that the abusive
behavior was "within their rights," the accused knew based on his training, experience,
and education that such behavior was illegal, Immoral, and without legal justification or
excuse. Nevertheless, the accused assisted the MP in abusing the detainees.
10. SSG , CP4EE, SPC
, SPAM and the accused continued
to abuse the detainees. The accused was present for one hour, but did not participate
in the abuse of the detainees for the full hour. SPC1111111111. stood by encouraging the
other MP and holding a camera although the accused is not certain that pictures were
taken with the camera. dlIMINNO translated for the MP and assisted in yelling at the
detainees. SPCLI did not take part in the abuse. During this period of abuse, the
group of MP (SSG
, CP41111111.SPC.and SPC11111111.), SPA., and11.11.1.10 entered into a silent agreement to abuse the detainees. Ultimately the detainees were handcuffed with their naked bodies pressed tightly together in such a fashion as to suggest that the men were sodomizing one another. While in this position, both CPL111111111111.and the accused used their feet to press the detainees closer together. At no time during the abuse did the detainees resist in any way or appear to be a threat. To the contrary, the detainees were in a state of terror, pain, and hopelessness throughout the abuse.
11. Prior to handcuffs the together, the accused, along with
CPLIIIMP, and SPC , yelled loudly at the detainees and with their voices and
with various hand signals, compelled the detainees to crawl along the floor and perform
various exercises. The accused did this himself and also in conjunction with the other
individuals. Additionally, spqoppoiffed cold water on the naked detainees anytime
the detainees would try to close their eyes. Because it was November and night, the cold water greatly chilled the detainees. SININNIalso threw a nerf football at the detainees, striking them while they were handcuffed on the floor. The accused threw the same ball as well at the detainees, but did not actually contact any of the detainees with the ball. At one point SPCIIIMPgrabbed one detainee by the throat and slapped
3
003102
Stipulation of Fact United States v. Cruz
the detainee several times while asking the detainee "why he raped that kid." SPC
ilism.also screamed and laughed at the detainees pointing out that the detainees had "small dicks" and that she was not sexually interested in "anything these guys had." This abuse was carried out in the open in tier 1B. In addition to the MI and MP soldiers present, Iraqi Corrections Officers and other detainees witnessed the humiliation of Mr.
Mr.8.111111, and Mr. 1111.111111
12. During the abuse of the detainees, CPLIII.Mand SP aughed at various times and seemed to be enjoying themselves throuAllituse. From the actions, words, and demeanor of the individuals involved in the abuse, it was clear that the primary purpose of the abuse was simply to provide entertainment for those conducting the abLoa_at least with regard to SSG.111.1.CP SPC IMO and SPO The accused, however, showed no signs of personal enjoyment while conducting the abuse but remained very serious during the incident. There was no indication whatsoever that the detainees were to be questioned for intelligence value or that the abuse had been directed b an military or civilian personnel other than SSG11.111.11, CPLAMIII, SP and SPAIN. There were no civilian contract employees or other civilian government employees present encouraging or directing this conduct, nor was there any officers or NCOs senior to SSG . After the abuse ended, Iraqi Corrections Officers returned the
detainees' clothes.
13. Of the three detainees involved, two were alleged to have raped another detainee, a boy aged 15. The boy was examined soon after the alleged rape and although showed signs of nervousness and fear, did not have any physical trauma that would normally be associated with multiple, forcible, anal sodomy. Further investigation revealed that the allegations of rape were unfounded. At the time of the abuse by the accused and his co-conspirators, the men were being detained for crimes against fellow
Iraqis.
14. During the time period of the abuse on 25 October 2003, the accused did not know whether or not the detainees had in fact raped anyone. Prior to the end of the abuse on or about 25 October, SPCIIMI a friend of the accused, left the scene of abuse. SPC elliadid not participate in the abuse. SPQR.. later testified during the Article 32 hearing of SP0.1.1.1 that the accused made the statement to him to the effect of "Izzy, you're not going to tell anyone are you?" SPC Nino testified during the hearing that this statement was made as SPCMIII.prepared to leave tier 1B the night of the abuse. SPC left the hard site on the night of 25 October 2003 prior to the end of the abuse and before the accused left the hard site.
IV. PROTECTIONS OF CIVILIAN DETAINEES
15. Mr. , Mr. UNNINNIN and Mr. , while not enemy prisoners of war, were civilian internees entitled to the protections of Geneva Convention Relative to the Protection of Civilians in Time of War (GC IV). GC IV, Article 5 requires that
4 003103

Stipulation of Fact — United States v. Cruz
civilian internees such as Mr.
Mr.4111111.1111and Mr.11111111111111.111.be treated with humanity. GC IV, Article 100, requires that the disciplinary regime in places of interment shall be consistent with humanitarian principles and that under no circumstances should a disciplinary regime include regulation imposing on internees any physical exertion involving physical or moral victimization. Further, Article 100 prohibits punishment drills.
16.
Army Regulation 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and other Detainees also roscribes treatment for detainees such as Mr. NM. Mr.1111111111111111116 and Mr. . Paragraph 1-5(b) prohibits inhuman treatment including corporal punishment and all cruel and degrading treatment. Paragraph 1-5(c) prohibits all acts of violence to include reprisals and those acts subjecting detainees to public curiosity.

17.
Army Regulation 34-52, Intel Interrogation, states that the Geneva Conventions and

U.S. policy expressly prohibit acts of violence or intimidation, including physical or mental torture, threats, insults, or exposure to inhumane treatment as a means of or aid to interrogation. This prohibition applies to all detainees and included, on 25 October
2003, Mr.1111111.0 Mr. , and Mr11.11111111.M
V. CHARGE I, THE SPECIFICATION CONSPIRACY TO MALTREATMENT
—
(In Violation of Article 81, UCMJ).
18. On or about 25 October 2003, at the BCCF, the accused entered into an unspoken agreement with CPLD SSG11111111111111111111, SPC41111111111111111SPC11111111180. Mena
Verne and others to maltreat subordinate, an offense under the Uniform Code of Military Justice. While this agreement continued to exist and while the accused remained party to the agreement, CRAM. performed one of the overt acts alleged, that is, CPE forced three detainees to conduct various physical exercises while the detainees were naked. The overt acts included forcing the detainees to roll on the floor while naked. While the agreement continued to exist and while the accused remained party to the agreement, SPINS/also performed overt acts by throwing a nerf football and pouring water on the detainees during the time of the abuse.
19.
The detainees who were abused by the accused and his co-cons irators were
subject to the orders of CPL41111. SPC;omoSSG.11.1 SP(, and the
accused. The detainees were required to follow the lawful orders of the accused with
regard to their movements and behavior within the BCCF.

20.
On or about 25 October 2003, at the BCCF, the accused maltreated these
individuals by forcing the detainees to conduct various physical exercises while the
detainees were naked and by handcuffing the detainees together on the floor while the
detainees were naked. Forcing the detainees to perform these exercises and
handcuffing the detainees together on the floor was harmful, abusive, rough and
unjustifiable treatment. Under the circumstance this conduct resulted in physical pain

5 003104

4-J
Stipulation of Fact — United States v. Cruz
and mental suffering and was unwarranted, unjustified, and unnecessary for any laWful purpose.
21. During the night of 25 October in which the detainees were abused in tier 1 B, the accused never withdrew from the conspiracy. Specifically, the accused did not take an affirmative act wholly inconsistent with his adherence to the unlawful agreement that would show that he had severed all connection with the conspiracy.
.
VI. CHARGE II, THE SPECIFICATION — MALTREATMENT OF A DETAINEE (In violation of Article 93, UCMJ)
22. Mr. , Mr. linasj, and Mr. iiiira/Mat as detainees of the BCCF
were subject to the orders of the accused. The detainees were required to follow the lawful orders of the accused with regard to their movements and behavior within the BCCF.
23. On or about 25 October 2003, at the BCCF, Abu Ghraib, Iraq the accused maltreated three detainees, 1111111•11111111MIMIN ands.1111. by forcing these men, while the men were naked, to crawl on the floor in such a manner as to cause the detainees' genitals to touch the floor and by handcuffing the said detainees to one another. Forcing the detainees to crawl in this manner and handcuffing the detainees to each other was harmful, abusive, rough and unjustifiable treatment. Under the circumstance this conduct resulted in physical pain and mental suffering and was unwarranted, unjustified, and unnecessary for any lawful purpose.
VII. ADDITIONAL INFORMATION IN AGGRAVATION:
24.
The accused has since learned that the humiliating and sadistic acts of maltreatment and dehumanization described herein are unacceptable in any culture, but especially so in the Arab world. Homosexual acts are against Islamic law and Arab men consider it humiliating to be naked in front of others. Placing the detainees together in a manner to simulate acts of homosexuality seriously violated the tenets of Islamic law and degraded the detainees.

25.
Over the past few months, both Middle Eastern and Western media outlets have broadcast some of the attached photographs. The accused's and his co-conspirators' acts on the night of 25 October, as reflected in these photographs, contributed to tarnishing the reputation and image of the United States Armed Forces and the United States in the eyes of many Americans as well as many individuals throughout the world.

VIII. EXTENUATION AND MITIGATION:

26.
On the evening of 20 September 2003, at approximately 2145 hours, Abu Ghraib was the target of a mortar attack. As the accused and his fellow soldiers prepared to begin interrogations that evening, a mortar impacted in very near proximity to the

6 003105

Stipulation of Fact — Unit d States v. Cruz
Interrogation Control Element tent where the accused was located. After initially seeking cover on the floor of the tent the accused and his fellow soldiers scrambled to acquire their personal protective equipment from their indoor sleeping area. The soldiers had been told that a "Risk Assessment" had been completed and that it was
safe to work outside. The accused and SSG
were out the door of the tent approximately 5-10 yards. SSG 1111111111111111.0entered the tent's doorway when
suddenly a second mortar hit within 5-10 yards of SSG SSG." and the
accused. Everyone hit the ground. SSG yelled, "I'm hit". The accused
almost immediately returned to SSG side with SSG in tow. SSG alhad

taken numerous shrapnel hits which SSWINNIbegan to triage immediately. The accused turned to go back to the impact site to continue to assist the wounded. The accused worked on a fellow analystyy the name of SOT for a long time attempting to provide aid. SGT 11111was one of two soldiers who wa in the immediate impact zone of the second mortar. As SSCAlliianded SSG off to the medics on the scene he came upon the accused still in attendance of SG SSAINIPegan to assist the accused and the medics in revival and stabilization efforts of SGTOMMIN. The accused performed chest compressions on SGT-and verbally comforted and encouraged him unfalteringly saying "you are going to make it, you can do this, and we are here for you". The accused and SSGpersonally loaded SGTIMPINIbs ravaged body into the medical evacuation chopper and spent the next several hours performing evacuatioi lierations of the other dead and wounded. The accused insisted that SSG and he follow SGT .to the hospital to continue to see that SGT6111.11*'s medical needs were being met. The, accused and SSG 110101Ddid check on SGTOMIllacondition after first ensuring that other soldiers had been attended to. The accused learned from the hospital staff that SGT111114110111Mvas pronounced DOA. The accused and SSG determined where he had been taken and secured another chopper ride to the morgue facility where they viewed SG1811111111111111111 in his interim resting place. The accused and SSG/1/1/Nasaid good-bye to their fallen comrade and together began their grieving process with a hand on SGTIIIIIP's body bag as they said goodbye to him. The accused was wounded during this mortar attack and was subsequently awarded the Purple Heart. The accused, based on this incident as well his overall duty performance was recommended for the Bronze Star award for meritorious service. That award was approved but because the soldier was flagged pending his investigation, the award was withheld from
presentation.
27. The accused has agreed to cooperate with the government in the investigation of misconduct within the BCCF. Additionally, the accused has cooperated with the government by waiving his Article 32 hearing, entering an Offer to Plead Guilty, and agreeing to a trial date convenient to the government. This cooperation has saved the government considerable time, expense, and effort in resolving the accused's case.
7
CD31.66
Stipulation of Fact — United States v. Cruz
IX. STIPULATION TO ADMISSIBILITY OF EVIDENCE
28. The government and the defense agree that this stipulation of fact plus attached enclosures are admissible at trial and may be considered by the military judge in determining the providence of the accused's pleas and in determining an appropriate sentence. The attached enclosures include five photographs labeled 004, 005,006,007, and 008. The accused appears in photographs 004 and 005 as the only soldier in black
PT shorts.
ARMIN J. CRUZ
VOW
Civilian Defense Courisel ZSPC, USA MAJ, JA / Accused Trial Counsel
.
8
003107
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DEFENSE EXHIBITS ADMITTED INTO EVIDENCE.

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310
DEFENSE EXHIBIT A FID
Exec-4s from the AR 15-6 Investigate `=,of theai
Abu GluThPrison and 2051 Military Intellilience BriEade
By LTG Anthony R. Jones and MG George R. Fay

From the AR 15-6 Inyestigation of LTG Jonas, 7, a. (3) at Page 12:
•
"At Abu Ghraib, the lack of an MI commander and chain of command precluded the coordination needed for
effective operations. At the same time, LTClimisfailed to execute his responsibilities as Chief, JIDC."
From the AR 15-6 Investigation of LTG Jones, 8. a. at Page 15:
•
"This report, so far, has discussed the OPLAN background, operational environment, and policy, doctrine and
structural decisions that created conditions which allowed abuses at Abu Ghraib to occur."
From the AR 15-6 Investigation of LTG Jones, 8. e. (2) at Page 16:
•
"CJTF-7 leaders and staff actions, however, contributed indirectly to the questionable activities regarding alleged
detainee abuse at Abu Ghraib."
From the AR 15-6 Investigation of LTG Jones, 8. f (1) at Page 17:
•
"The leaders from the 205th M1 and 800th MP Brigades located at Abu Ghraib or with supervision over Abu Ghraib, failed to supervise subordinates or provide direct oversight of this important mission. The lack of commandpresence, particularly at night, was clear."
From the AR 15-6 Investigation of MG Fay, at Page 17:
•
"In the critical early stages of the JDIC, as it was being formed, Abu Ghraib needed a LTC to take total control. The need was for a leader to get the JIDC organized, to set standards, enforce discipline, create checks and balances, establish quality controls, communicate a zero tolerance for abuse of detainees, and enforce that policy by quickly and efficiently punishing offenders so that the rest of the organization clearly understood the message. Well-disciplined units that have active, involved leaders both at the NCO and Officer level are less likely to commit abuses or other such infractions. If such instances do occur, they are seldom repeated because those leaders act aggressively to deal with the violators and reemphasize the standards."
From the AR 15-6 Investigation of LTG Jones, 8. g. at Page 18:
•
"Other Contributing Factors. No single, or simple, cause explains why some of the Abu Ghraib abuses happened. In addition to the leadership failings discussed above, other contributing factors include: (1) Safety and security conditions at Abu Ghraib. Resources that might otherwise have been put towards detention operations instead had to be dedicated to force protection. In addition, the difficult circumstances for Soldiers, including a poor quality of life and the constant threat of death or serious injury, contributed to Soldiers' frustrations and increased their levels of stress. Facilities at Abu Ghraib were poor. Working and living conditions created a poor climate to conduct
interrogation and detention operations to standard."
From the AR 15-6 Investigation of MG Fay. paragraph (4) at Page 8:
•
"Looking beyond personal responsibility, leader responsibility and command responsibility, systemic problems and issues also contributed to the volatile environment in which the abuse occurred. These systemic problems included: inadequate interrogation doctrine and training, an acute shortage of MP and MI Soldiers, the lack of clear lines of responsibility between the MP and MI Chains of command, the lack of a clear interrogation policy for the Iraq
11 DEFENSE EXHIBIT B 5417
`3 1
(IFFFRFn R 63 ADMITTED R. ei
Campaign, and intense pressure fel_by the personnel on the ground to prodt-1 actionable intelligence from
detainees."
From the AR 15-6 Investigation of MG Fay, paragraph (3) at Page 42:
•
"LTG Sanchez did not believe significant pressure was coming from outside of CJTF-7, but does confirm that there
was great pressure placed upon the intelligence system to produce actionable intelligence (Reference Annex B,
Appendix 1, SANCHEZ)."
From the AR 15-6 Investigation of MG Fay, paragraph (5) at Page 111:
• "Finding: Leaders failed to
,
take steps to effectively manage pressure placed upon JIDC personnel."
From the AR 15-6 Investigation of MG Fay, paragraph (3) at Pages 10 and 88:
•
"The use of nudity as an interrogation technique or incentive to maintain the cooperation of detainees was not a technique developed at Abu Ghraib, but rather a technique which was imported and can be traced through Afghanistan and GTMO. As interrogation operations in Iraq began to take form, it was often the same personnel who had operated and deployed in other theaters and in support of GWOT, who were called upon to establish and conduct interrogation operations in Abu Ghraib. The lines of authority and the prior legal opinions blurred. They simply carried forward the use of nudity into the Iraqi theater of operations. The use of clothing as an incentive (nudity) is significant in that it likely contributed to an escalating 'de-humanization' of the detainees and set the stage
for additional and more severe abuses to occur,"
From the AR 15-6 Investigation of MG Fay, paragraph (11) at Page 45:
• "LT d ten other soldiers were wounded in the mortar attack that occurred on 20 September 2003. Two
soldiers ied in that attack. LTC .as extremely traumatized by that attack, especially by the two deaths andthe agony suffered by one of those soldiers before his death. He was still very emotional about that attack when interviewed for this investigation on 27 May 2004. He said he thinks about the attack and tho deaths daily. That attack also had an impact on a number of other Soldiers at Abu Ghraib as did the very frequent mortar attacks that occurred at Abu Ghraib during this entire period. • The Soldiers' and civilians' morale at Abu Ghraib suffered as the
attacks continued. Additionally, there was a general feeling by both MI and MP personnel that Abu Ghraib was the forgotten outpost receiving little support from the Army. (Reference Annex F, Appendix 3, Mortar Attacks). The frequency of these attacks and the perceived lack of aggressive action to prevent them were contributing factors to
the overall poor morale that existed at Abu Ghraib."
CO3112
REMOVED BATES PAGES 3113 - 3179
(RECORD OF TRIAL - SPC ARMIN J. CRUZ)

(67 TOTAL PAGES)

DOCUMENTS CONSIST OF PERSONAL LETTERS WRITTEN TO THE
CONVENING AUTHORITY BY FAMILY AND FRIENDS ON BEHALF
OF SPC CRUZ AND OTHER RECORDS CONTAINING PRIVATE
INFORMATION, WHICH WERE DETERMINED TO BE
NONRESPONSIVE TO PLAINTIFF'S FOIA REQUEST AND
DUPLICATES OF NONRESPONSIVE DOCUMENTS FOUND AT
BATES 2819 - 2893

3 I I
UNITED STATES OF AMERICA

STIPULATION OF EXPECTED
v. TESTIMONY
isciallaupfte
CRUZ, Armin J. SPC, U.S. Army, : . _ 11 September 2004 SVC Co., 50214 MI RN, 504th MI RDE APO AE 09342
It is hereby agreed by and between the trial counsel and defense counsel, with the express consent of the accused, that if 1 SG were present and testifying under oath, he would testify as follows:
1.
I am SPC Cruzikallemilme I have known and worked with SPC Cruz for over 3 months on a daily basis. As his first sergeant, I assign duties and details to him and monitor his well-being and appointments.

2.
I have observed SPC Cruz' duty performance, and he has never failed to show for duty on time, and has always been at the right place and time for all training and details. He has worked hard for me and performed up to all of my expectations as a soldier and has never performed poorly.

3.
SPC Cruz' attitude has been good. Although he is understandably very concerned about his case, and has a reason to lose focus on his job, he has kept his focus, has not adopted a poor attitude, and has shown no signs of "copping an attitude" or unwillingness to work.

4.
SPC Cruz interacts with the other soldiers from the company very well. I made it a point to integrate him into the company and welcome him. He has not had any altercations or problems with anyone in the company or battalion.

5.
I have not had to perform or recommend any corrective training for SPC Cruz. He has not failed to attend mandatory training, show up for work, or perform details during his assignment to my company. I have not had to recommend anything in regards to work for SPC Cruz. He has been assigned a job to run the MWR area in our barracks and he has taken the initiative to set standards and ensure they are adhered to.

6.
Considering SPC Cruz' performance since being assigned to my company, I believe SPC Cruz has been humbled by the allegations and has already learned what is right and what is wrong. I believe that he can be rehabilitated. Furthermore, I believe that he was impressionable and overwhelmed by the circumstances surrounding the prison and made a mistake in judgment by participating in detainee maltreatment. I do not condone what has happened at the prison, however, I realize how powerful peer pressure can be and someone as young and inexperienced as SPC Cruz can easily make a mistake in judgment. To be involved in armed combat, see what happens to soldiers when wounded or injured is a very emotional experience and can overwhelm most people. We as soldiers need to set emotions aside, do what is right, maintain the discipline that we have been taught and conduct ourselves professionally. SPC Cruz made errors in judgment and his actions arc not to be dismissed lightly. Having said that, based on my interactions with SPC Cruz, I still believe that he can be rehabilitated.

DEFENSE EXHIBIT E- Claa 18
OFFERED R. /03 ADMITTED R. /OS-

7. SPC Cruz has done every duty as required, never been in trouble and always kept the NCO support channel informed on his schedule so we could assist him. I can attest that SPC Cruz has fulfilled all duties assigned to him and has not one time performed his duties poorly. Despite everything going on, he has continued to soldier on and I respect that a lo
ARMIN J. CRUZ
MAJ, JA SPC, U.S. ARMY Defense Counsel
Trial Counsel Accused
II* . • •••

003181

UNITED STATES OF AMERICA
STIPULATION OF EXPECTED
v. TESTIMONY
CRUZ, Armin J. SSG 1.
SPC, U.S. Army, 11 September 2004

SVC Co., 502" MI BN, 504 th MI BDE APO AE 09342
It is hereby agreed by and between the trial counsel and defense counsel, with the express consent of the accused, that if SSG were present and testifying under oath, he would testify as follows:
1.
SPC Armin Cruz was assigned to my section in the Joint Interrogation and Debriefing Center, Fusion Analysis Cell, in November 2003, and did an outstanding job throughout the period of his service with me. When initially assigned to me, he was placed in the Former Regime Elements Cell. A few weeks later, seeing his work ethic, dedication, and attention to detail, I reassigned him as my FRE NCOIC in charge of two other junior enlisted soldiers. Once he was transferred into my section, I had daily contact with him until his departure from the JIDC around Feb-Mar 2004. In addition, we have kept in touch via email since going our separate ways.

2.
As the FRE NCOIC, SPC Cruz was responsible for the integration of newly assigned personnel into the FRE teams. He ensured the proficiency and accountability of intelligence collection efforts by intelligence analysts assigned to the FRE Tiger Team. SPC Cruz was also accountable for the timely dissemination of team products to the necessary parties as well as the day-to-day management of the FRE team.

3.
Additionally, SPC Cruz was also responsible for all-source analysis and the integration of intelligence products in support of the ICE Tiger Teams and Fusion cell. He was tasked to identify intelligence gaps and provide input to direct collection efforts. SPC Cruz also provided assessments and recommended courses of action, participated to the greatest extent possible to ensure accurate analytical exchanges, and was also responsible for relaying all new information obtained to team members.

4.
SPC Cruz maintained knowledge of assigned cases and prioritized detainees based on intelligence value. He also coordinated with the Senior Analyst for the creation of products to assist the team's interrogation efforts. SPC Cruz additionally provided all final intelligence available in order to assist the team assessment and DAB memorandums to support Transfer and Release nominee profiles.

5.
While working in the Fusion Analysis Cell, SPC Cruz personally wrote 10 Analytical Assessments, which should normally be executed by senior, Corp or Division level, Analysts. His analytical assessments included, but were not limited to the following areas-- General Security Organization, Special Security Organization, Iraqi Intelligence Service, with special emphasis on the Ghafiqi Project, Mohammeds Army and the Former Regime Elements remnants within Iraq. These analytical assessments were distributed around Iraq, some of which went as

high as the Secretary of Defense.
DEFENSE EXHIBIT .43482
OFFERED R. IO!) ADMITTED R. I OS
6. SPC Cruz' work ethic, motivation, dedication and attention to detail initially impressed me, and have continued to do so. From what I have, observed, as his supervisor, I feel he is more than capable and competent. He has continuously created a much happier environment, greatly assisting everyone with those long days spent within the office. He has made a significant
impact within the organization.
7.
As his supervisor, between November 2003 and March 2004, I had opportunities every day to observe his duty performance. SPC Cruz was basically my right hand man. He served as not only the NCOIC of one of my teams, but pretty much as my second in charge, when I was out performing other duties. He never refused to pull extra duty whenever I needed someone to help. SPC Cruz was and is an outstanding analyst and soldier. He was one of my best soldiers, with his outstanding work ethic,• attention to detail, and humorous ways he had about him. Overall, I couldn't have asked for a better troop.

8.
SPC Cruz' attitude and work ethic were amazing. Although I had set hours for him to work, SPC Cruz often times came in early and stayed much later than his duty hours, to assist his teammates, and ensure everything was going as planned. Although morale was often times low in Iraq, SPC Cruz always tried to keep a positive attitude on life, and passed those vibes off to the rest of the office. It allowed for a more relaxed environment and assisted with the section's

productivity.
9.
SPC Cruz worked extremely well with other soldiers. As on of my section leaders, SPC Cruz did not rule with an iron fist. He listened to everyone's opinions on the situation, and then acted from there. He never left anyone out, and always made sure his entire section was involved in any decisions that were being made. He worked well with my other section leaders, and also assisted them with their duties, when assistance was necessary.

10.
Although we became very good friends, SPC Cruz also recognized that I was his supervisor, and that he had to listen to what I had to say. As such, he didn't gripe or complain, or even ask why, he just sucked it up, and moved on. His level of professionalism while in the combat zone was uncanny. Never did he talk down to anyone offering him suggestions. To the contrary, he would take in those opinions, with that of the others in the section, and mold them into his final

piece.
11. T strongly believe SPC Cruz is capable of rehabilitation. Under the conditions, and based on everything that he experienced, I strongly feel he will have no problems with his rehabilitation. SPC Cruz is an outstanding soldier and wonderful friend, and anyone who was close to him will
tell you the same.
12. SPC Cruz is a soldier who has definitely separated himself from the rest. SPC Cruz was by far one of the best soldiers with whom I have ever had the privilege of working.
Arnal- ARM J. CRUZ
MAJ, JA SPC, — Defense Counsel
Trial Counsel Accused

003183
UNITED STATES OF AMERICA STIPULATION OF EXPECTED
v. TESTIMONY
SSG CRUZ, Armin J. SPC, U.S. Army, 11 September 2004
SVC Co., 502" MI RN, 504 th MI BDE APO AE 09342
It is hereby agreed by and between the trial counsel and defense counsel, with the express consent of the accused, that if SSG411.111111111111ffre present and testifying under oath, he would testify as follows:
1.
Armin Cruz and I are members of the 321st MI Battalion based in Austin, Texas. I first met SPC Cruz during his initial visits to the unit after enlisting in the Army Reserves.

2.
Right from the start SPC Cruz struck me as an educated, articulate young man. Over a drill or two I learned that he worked in a junior managerial position within the national private day-care industry. As a father who'd entrusted his child to the same organization, I gained even more respect for SPC Cruz. Parenting, just as surrogate parenting, is a task which requires discipline, compassion, and the ability to reason and be highly organized, structured and consistent in all aspects of the job. I too work in an industry where the male is only recently making inroads. I am a rehabilitative massage therapist. As an anthropologist by degree, I have studied human nature and found my way naturally to 'all that I've done in my career which involves people. We are both Red Cross certified Professional Rescuers as well. Specialist Armin Cruz is one of these special people.

3.
SPC Cruz was my Analyst when we were first sent to Abu Ghraib. I am proud to have him as a friend, a "brother" and a team member. As an analyst he excels in his work. He constantly provided good data and enthusiastically immersed himself in the job, always making an extra effort. On one occasion he constructed a spread sheet specific to our teams' data making it easier to analyze as well as to report. As friends and team members we lived and worked together during our stay at Abu, even after our managerial staff began juggling team members from one Tiger Team to the next. Much to our dismay SSG Day and I lost SPC Cruz to another team and were unable to reacquire him in spite of our protestations that our team integrity had been

compromised.
4. Analysts were in shorter order at Abu and were being heavily multi-tasked. A huge influx of civilian contractors ensued. The analysts endured a great burden at Abu, being shuttled from team to team, being required to hot swap shifts at the whim of the managers of the Interrogation Control Element. When the work day was done, as well as when it began, we would end or begin our day as "brothers" and hooch mates over a pot or two Starbucks coffee. It was something we shared with the entire unit as well as passers-by. This time always included marking down our calendar. "Another day behind us in this hell hole, another day closer to going home" was the oft unspoken mantra. We always shared all that our friends and family sent us. SPC Cruz is very generous and selfless person, never placing his needs before the needs of others.
003184
DEFENSE EXHIBIT rr FID OFFERED R. 103 ADMITTED R. /19 C-
5. On the evening of 20 September 2003 at approximately 2145 hours our facility was once again the target of a mortar attack. We feared this moment because of the fact that we were cleared, as a result of an allegedly conducted Risk Assessment, to work outside at night in tents within the confines of the High Value yard at Abu Ghraib. The prison at that time had nearly unlimited indoor work space available in the form of empty cells and halls. Just prior to our arrival at Abu a mortar attack had killed on the order of 20 prisoners and injured many more. The proximity of our tents to the "cage" and the previous impact site struck fear in our minds. As we prepared to begin interrogations that evening, suddenly a mortar impacted in very near proximity to our Interrogation Control Element tent. After initially seeking cover on the floor of the tent we scrambled to acquire our personal protective equipment from our indoor sleeping area. I left the tent immediately behind my teammates Specialist Armin Cruz and Staff Sergeant Clakifil.). Cruz and el" were out the door of the tent approximately 5-10 yards as I breached the tent's doorway when suddenly a. second mortar hit within 5-10 yards of them. As I hit the ground I heard SSCOMPlyell, "I'm hit". Specialist Cruz almost immediately returned tomy side with SSG in tow. SSGIPP had taken numerous shrapnel hits which I began to triage immediately. Specialist Cruz turned to go back to the impact site to continue to assist the wounded. He worked on a fellow analyst by the name of Sergeant allanna for a longtime who was one of two soldiers who were in the immediate impact zone of this second mortar. As I handed SSA. off to the medics on the scene I came upon Specialist Cruz still in attendance of our fallen comrade. I began to assist Cruz and the medics in revival and stabilization efforts of our fallen comrade. Specialist Cruz performed chest compressions on our friend and verbally comforted and encouraged Sergeant unfalteringly to hang in there, "you are going to make it, you can do this, and we are here for you". Our Red Cross training and military Combat Lifesaver training was being fully utilized. We personally loaded Sgtallasravaged body into the evac chopper and spent the next several hours performing evac operations of the other dead and wounded. Specialist Cruz insisted that we follow Sg0111111 to the hospital to continue to sec that he was being cared for. We were able to do this once all of the casualties were transported to medical facilities and were being attended to. Sadly, we learned from the hospital staff that Sg was pronounced DOA. We determined where he had been taken and secured another chopper ride to the morgue facility where we viewed Sgt
401111111 in his interim resting place. We sadly sai d
to our fallen comrade and togetherbegan our grieving process with a hand on body bag as we said goodbye to him.
Thereafter we were picked up by our rear element and interviewed regarding the occurrence.
6.
SPC Cruz, our teammate and I went to SFC swam who was our detachment's NCOIC, and collectively asked for help in the form of counseling and were essentially laughed off. I. personally pursued speaking with the Chaplin for the 205th MI Brigade whom I know well and was referred to the Chaplain in charge at Abu, who gave me very little of her time and no help to speak of. Access to Combat Stress assistance was provided one time very shortly after the mortar attack in a group session and to my knowledge, leadership made no concerted effort to determine whether individuals or the group needed any further help. We all dealt with the event and the situation in different ways, but SPC Cruz and I discussed issues regularly among ourselves, even after SPC Cruz was assigned to different teams and work schedules.

7.
Specialist Cruz has always demonstrated all of the qualities which I referred to throughout the foregoing character reference. He is a brave, selfless human being whom I shall forever hold in the highest regard. He is my brother and has my unwavering support and respect. We have survived having unthinkingly been thrust into harms way by a commander who has hopefully learned a lesson, unfortunately at the ultimate cost, and are better men for it.

G03185

CRUZ

MAJ, JA SPC, U.S. ARMY Defense Counsel
Trial Counsel Accused
APPELLATE EXHIBITS
G33187
DOD 001924
Request for Trial Before Military Judge Alone
(Article 16, UCMJ)
I have been informed that CO
is the military judge detailed to the court-martialto which the charges and specifications pending against me have been referred for trial. After consulting with my defense counsel, I hereby request that the court be composed of the military judge alone. I make this request with full lcnowledge of my right to be tried by a court-martial composed of (commissioned)
officers (and, if I so request, enlisted personnel).
2 I
Prior to the signing of the foregoing request, I fully advised the above accused of his/her right to trial
before a court-martial composed of (commissioned)
I
officers (and of his/her right to have such co
consist of at least one-third enlisted members not of his/her unit, upon his/her request).2 urt
The foregoing request for trial before me alone is hereby: (x one) Erapproved
1.

Delete when accused is a warrant officer or enlisted member,
2.

3.
Delete when accused is a commissioned officer or warrant officer, When request is disapproved, the basis for the denial must be put on the record. (See MCM, 1984, RCM 903(c))

DD Form 1722, OCT 84 Replaces Edition of 1 Oct 69 which may be used until supply is exhausted
C 03188
APPELLATE EXHIBIT RECOGNIZED R.
e?
UNITED STATES )
)
v. ) Offer to Plead Guilty
Cruz, Armin J. SPC, U.S. Army, Headquarters and Headquarters Service Company, 502nd Military Intelligence Battalion, 504th Military Intelligence Brigade, III Corps, ) ) ) ) ) ) ) ) 4 September 2004
Victory Base, Iraq, APO AE 09342 a • )

********************************************,**)Hc**tic***44;04****************
1.
I, SPC Armin J. Cruz, the Accused, have examined the Charges preferred against me and all statements and documents attached thereto. After consulting with my trial defense counsel and being fully advised that I have a legal and moral right to plead not guilty to the Charges and Specifications under which I may be tried, I offer to plead guilty as follows:

To all Specifications and Charges: Guilty

2.
I offer to plead to the Charges as stated above, provided that the Convening Authority will take the action set forth in Appendix I. There are no other promises, conditions, or understandings regarding my proposed pleas of guilty that are not contained in thiwffer and tkie quantum at Appendix I.

3.
As part of this offer, I also agree to the following:

a.
I agree to enter into a written stipulation of fact correctly describing those offenses to which I am offering to plead guilty. I further agree that the Military Judge may use this stipulation during the guilty plea inquiry and in adjudging an appropriate sentence.

b.
Upon receipt of a grant of testimonial immunity from the Convening Authority, I agree to cooperate fully with the Trial Counsel in the investigations and prosecutions of Specialist 611111110.111111 , S erg e anallagilMO; Staff Sergeant II, Corporal

Ipiog Jr.; SpecialistellIllaIMIMMIO; Specialis , Private First Class
110111111111111111.111111Band any other soldier or civilian charged based on misconduct at the Baghdad Central Confinement Facility at Abu Ghraib. Specifically, the term "cooperate used herein shall mean: (a) the full disclosure to the Trial Counsel of all information kno vi me and relating to the treatment, maltreatment or alleged abuse of detainees at Baghdad dc ritr al Correctional Facility, Abu Ghraib, Iraq; (b) the identification of individuals in digital photographs on compact disc titled "CPU Exam" in the "Abu" Criminal Investigation Division file; (c) personally testifying at all such Article 32 investigations, courts-martial and evidentiary hearings relative to the investigation and prosecution of Sergean Corporal
• .o
CO318
I. APPELLATE EXHIBIT
RECOGNIZED R. .14
1111111M1111.11111111111; SpecialisIMIMINIM11111116; SpecialilIMPINIMMIIIIN and Private
first Classiallammallany
other soldier or civilian charged based on misconduct at theBaghdad Central Confinement Facility at Abu Ghraib.
c. I understand that I have a right to be tried by a court consisting of at least three officer members, or by a court consisting of at least one-third enlisted members. None of the members
would come from my company. I farther , understand that I have a right to request trial by
military judge alone, and if approved, there would be no court members and the judge alone
would decide whether I am guilty or not guilty. I request trial by judge alone.

c. I agree that the Government will not be required to physically produce any witnesses from the United States to testify on my behalf pursuant to R.C.M. 1001(e). I understand that this does not constitute a waiver of my right to offer into evidence other forms of evidence under R.C.M. 1001(c), including, but not limited to, telephonic testimony, Stipulations of Expected Testimony,
letters, photographs, awards and certificates.
4.
I am satisfied with the advice of Mrallnike. He has advised me of the meaning and effect of my guilty plea, and I understand the meaning and effect thereof.

5.
The government initiated the negotiations for this offer to plead guilty, however I have made

the decision to plead guilty freely, voluntarily, and with the advice of counsel. No person has
attempted to force or coerce me into making this offer to plead guilty.

6.
If, before or during trial, any specification is amended, consolidated or dismissed with my
consent for multiplicity or other reason, this agreement will remain in effect.

7.
I understand that I may request to withdraw the plea of guilty at any time before my plea is
accepted and that if I do so, this agreement is canceled. This agreement will also be canceled if:

a.
I fail to plead guilty as agreed above;

b.
The Stipulation of Fact is modified at any time without the consent of either myself or the

c.
The Military Judge either refuses to accept my plea of guilty or changes my plea of guilty

Trial Counsel; or
during the trial.
8. This writing, including Appendix I (Quantum), includes all terms and conditions of this
Offer
to Plead Guilty and contains all promises made to me or by me concerning my plea of guilty. There are no other terms or conditions that are n' ontained in this writing.
ARMIN SPC, USA Civilian Defense CounselAccused
2
CO3190
The offer to plead guilty dated 4 September 2004 is:
(accepted) (iterizact4d=1)
THOMAS F. METZ
Lieutenant General, USA
Commanding
G03191
.
3
•UNITED STATES
)
)
v.
) APPENDIX I (QUANTUM) )Cruz, Armin J.
)
SPC, U.S. Army, f
)
Headquarters and Headquarters

)
Service Company, ) 4 September 2004
"
502 Military Intelligence Battalion,
)
504th Military Intelligence Brigade, )
III Corps,

)
Victory Base, Iraq, APO AE 09342
)
****************************************************************************
1. I, SPC Armin J. Cruz, offer to plead guilty to the Charges and Specifications, as stated in the Offer to Plead Guilty, and offer to abide by the other terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authority agrees to refer my case to a special court-
martial empowered to adjudge a bad conduct discharge.
2. Except as limited above, any other lawful punishments can be approved. The Convening Authority will apply any credit given by the milita ,jud
the approved sentence.
SP`s SA
Civilian Defense Counsel Accused
The offer to plead guilty dated 4 September 2004 and Appendix I (Quantum) is:
(accepted) .(aftbstetilebnd)
THOMAS F. METZ Lieutenant General, USA Commanding
CO3192
4 APPELLATE EXHIBIT C
RECOGNIZED R.
UNITED STATES OF AMERICA
v. POST TRIAL AND APPELLATE
RIGHTS CRUZ, Armin J. (BCD and Special Courts-Martial) SPC, U.S. Army, ! SVC Co., 502" MI BN, 504th MI BDE 11 September 2004 APO AE 09342
I, SPC ARMIN J. CRUZ, the accused in the above entitled case certify that my trial defense counsel has advised me of the following post-trial and appellate rights in the event that I am convicted of a violation of the Uniform Code of Military Justice:
I. In exercising my post-trial rights, or in making any decision to waive them, I am entitled to the advice and assistance of military counsel provided free of charge or civilian counsel provided at no expense to the government.
2.
After the record of trial is prepared, the convening authority will act on my case. The convening authority can approve the sentence adjudged (as limited by any pretrial agreement), or he can approve a lesser sentence, or disapprove the sentence entirely. The convening authority cannot increase the sentence. He can also disapprove some or all of the findings of guilty. The convening authority is not required to review the case for legal errors, but may take action to correct legal errors.

3.
I have the right to submit any matters I wish the convening authority to consider in deciding what action to take in my case. Before the convening authority takes action, the staff judge advocate will submit a recommendation to him, if applicable. This recommendation is required when there is an adjudged bad-conduct discharge. This recommendation, if made, will be sent to me and/or my defense counsel before the convening authority takes action. If I have matters that I wish the convening authority to consider, or matters in response to the staff judge advocate's recommendation, such matters must be submitted within 10 days after I or my counsel receive a copy of the record of trial or I and/or my counsel receive the recommendation of the staff judge advocate, whichever occurs later. Upon my request, the convening authority may extend this period, for good cause, for not more than an additional 20 days.

4.
If the convening authority approves a bad-conduct discharge, my case will be reviewed by the

U.S. Army Court of Criminal Appeals (RCCA). I am entitled to be represented by counsel before such court. If I so request, military counsel will be appointed to represent me at no cost to me. If I so choose, I may also be represented by civilian counsel at no expense to the United States. I understand that paragraph six governs my appellate rights if there is not an adjudged or approved bad-conduct discharge.
G03193

APPELLATE EXHIBIT I V
5.
After the ACCA completes its review, I may request that my case be reviewed by the United C.
States Court of Appeals for the Armed Forces (CAAF). If may case is reviewed by that Court, I
may request review by the Supreme Court of the United States. I have the same rights to counsel
before those courts as I have before the ACCA.

6.
If no punitive discharge is adjudged or approved by the convening authority, my case will be
examined by a military lawyer, normally at the local installation, for legal error. I have the right
to submit allegations of legal error either to the convening authority under paragraph 3 above or
directly to the military lawyer reviewing my court-martial, or both. My case will be sent to the
general court-martial convening authority for final action on any recommendation by the lawyer
for corrective action. If the military lawyer recommends corrective action and my case is sent to
the general court-martial convening authority for action, I will be sent a copy of the convening
authority's action and the recommendation of the military lawyer after action is taken by the
general court-martial convening authority.

7.
I also understand that within two (2) years after the sentence is approved, I may request The
Judge Advocate General (TJAG) to take corrective action on the basis of newly discovered
evidence, fraud on the court, lack of jurisdiction over me or of the offense, error prejudicial to
my substantial rights, or the appropriateness of my sentence.

8.
I may waive or withdraw review by the appellate courts at any time before completion of the
review. I understand that if I waive or withdraw review:

(a)
My decision is final and I cannot change my mind.

(b)
My case will then be reviewed by a military lawyer for legal error (see paragraph six above). It may also be sent to the general court-martial convening authority for fmal action.

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

9. I have read and had my post-trial rights explained to me by counsel and I acknowledge these rights and make the elections set forth below. (Please initial where appropriate.)
a. I understand my post-trial and appellate review rights.
_AL b. I would like a copy of the record of trial served on Stephen P. Karns.
c.
My defense counsel1.1111111ft, will submit R.C.M. 1105 matters in my case.

d.
If applicable, I want to be represented before the U.S. Army Court of Criminal Appear' by Appellate Defense Counsel appointed by The Judge Advocate General of the Army. I understand that I may contact my Appellate Defense Counsel by writing to Defense Appellate Division, U.S. Army Legal Services Agency (JALS-DA), 901 North Stuart Street, Arlington,

C3319:1

Virginia 22203.
e. I have been informed that I have the ri in civilian co nsel at my own expense, whose name and address are provided herein:
If I later retain civilian counsel, I must provide the name and address to: Clerk of the Court, U.S. Army Judiciary (JALS-CC), Nassif Building, 901 North Stuart Street, Suite 1200, Arlington, Virginia 22203.
10. Pending action on my case, I can be contacted or a message may be left for me at the following address:
NAME:
Qrvn ;.) V • C-1-We
STREET•,
CITY/ STATE / ZIP CODE: t
AREA CODE/ TELEPHONE NUMBER
DATED: 1 Sep 04
SPC, U.S.
Accused
I certify that I have advised the above named accused regarding the post trial and appellate rights as set forth above, that he has received a copy of this document, and that he has made elections concerning appellate counsel.
DATED: I (5Cr
Defense Counsel
033195