Emails between DOD Officials re: Update on Detainee Abuse Criminal Investigations

Emails include an executive summary that answers the question, how many criminal investigations were begun as a result of MG Fay's investigation? It reports that the CID initiated 186 criminal investigations as of August 6, 2004, while 24 physical or sexual assault incidents were identified by the report, 18 of the 24 incidents were previously investigated by the CID, the CID had not yet initiated new investigations. The emails also included an executive summary, which summarized the Army court martial of Private First Class Edward Richmond, who was charged with unpremeditated murder of an Iraqi detainee. PFC Richmond was convicted of voluntary manslaughter, he was sentenced to a dishonorable discharge, forfeiture of pay and allowance, reduction to Private and three years of confinement. Richmond's court martial hearing is noted as one of the first tried involving the murder of an Iraqi detainee.

Doc_type: 
Email
Doc_date: 
Tuesday, August 10, 2004
Doc_rel_date: 
Tuesday, February 14, 2006
Doc_text: 

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016279
DOD-048439

Recommended Way Ahead
PMG lead in developing and executing a DO Action Plan ICW with Staff/Proponent

Quickly revise the DOAP Planning Directive —.¦_ o major changes —Submit for DAS Approval


Conduct an analysis of Phase II B/III staff &

resource requirements
—Submit for DAS approval -" `"

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• Synchronize plan and execution with current DO DOTMLPF progress
Mr Army G3/AOC a) (1) - 7.`
From: MAJ PMG
Sent: IIIIIIIIIII 10, 2004 7:16 AM
To: PMG
Cc: GM PMG
Subject: FW: Detainee ps Summary for 9 Aug 04 (UNCLASSIFIED)

Attachments: DTF Summary 9 Aug 04.doc; Detainee EXSUM - Number of Cases.doc; EXUM PFC
Richmond Detainee Abuse C-M (Aug 04).doc; 091100AUGO4 Denver Post Ed.doc

Classification: UNCLASSIFIED
Caveats: NONE
*NOTICE: Message body content downgraded from previous markings UNCLASSIFIED/110111111

/
*NOTICE: Attachment downgraded from previous markings UNCLASSIFIEDHFOU0 by

( 6)( 6)
for your info this is what we will be doing starting Monday. We take in the dailies from each staff proponent, which will
include their individual daily and maybe an EXSUM and develop a quick rollup (summary) to place in front of them for
submission as part of the SNR Leader Daily DO Book. We will attach any pertinent EXSUM to the rollup as supporting
documentation.

wa)--
Please get with LTC11111.this week for a right-seat/left-seat.
thx, viral (6)(&) -
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MA JOINIMIN coa
HQDA, OPMG (DAPMZC)
-
Strategic Plannairtion
Pentagon RM Com m: 111111111r 222) (0o
Email to HQDA.Army.mil
-----Original Mess From: TC VDAS Sent: Mo da A ust 09, 2004 4:40 To: C VDAS Brooks, L G VDAS• OL CSA; MEW
OL CSA; OL DAS;
Cc: TC HQD G-3; OL HQDA DCS G-3) VDAS; 't 6 ),e LTC VDASMINIFTC (OCAR-OPS) LTC OCLL; MAI PMG Subject: Detainee Ops Summary for 9 Aug 04 (UNCLASSIFIED)
Classification: UNCLASSIFIED Caveats: FOUO
All,
Attached is the Detainee Ops Summary for 9 Aug 04.
Note - Monday / Wednesday / Friday detainee Ops meeting is now 0730.
DO NOT FORWARD.
016281

Lid .
DTF Summary 9
Aug 04.doc (91 K...

CID EXSUM on Investigations as a result of Fay report
Detainee EXSUM -
Number of Cas...

Updated EXSUM on PFC Edward Richmond - 1 ID soldier guilty of -144Voluntary Manslaughter of Iraqi detainee and response to Denver Post article.
EXUM PFC.091100AUGO4
hmond Detainee Ab )enver Post Ed.doc.

Riff *to
' 7-
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LTC, GS Action Officer Executive Office of the Headquarters
•.he .ce Director of the Army Staff
-
(b)(60) z-
Classification: UNCLASSIFIED Caveats: FOUO
Classification: UNCLASSIFIED Caveats: NONE
016282

2
FOR OFFICIAL USE ONLY
LAW ENFORCEMENT SENSITIVE

9 Aug 04
EXECUTIVE SUMMARY
JO NUMBER OF DETAINEE ABUSE CRIMINAL INVESTIGATIONS AND THE FAY REPORT
[USACIDC]: This EXSUM is in response to an Army Detainee Task Force request asking how many criminal investigations are underway and how many criminal investigations were begun as a result of the MG Fay investigation.

CID has initiated 186 criminal investigations as of 6 Aug 04.

o 51 death investigations

o 109 assault investigations

o 6 sexual assault investigations

o 20 theft investigations


CID has yet to initiate any new investigations as a result of the MG Fay investigation.

o MG Fay investigation identified 24 physical or sexual assault detainee abuses

o CID had previously investigated 18 of those incidents.

o MG Fay's legal advisors declined to allow HQUSACIDC to send the remaining 6 incidents to the field for investigation until 6 Aug 04. On 6 Aug 04, those .6 allegations were approved for release to CID field elements for investigation.

(6)Ct.)-Z-Mr. CIDC .army.mil APPROVED BY: CO. CIDC-G3 totb)--z
FOR OFFICIAL USE ONLY
016283

LAW ENFORCEMENT SENSITIVE
All information related to this matter is law enforcement sensitive and should be restricted. Any premature release of case-sensitive information could jeopardize the investigation and affect successful prosecution. This information is protected by the Privacy Act. By law and regulation, it may not be disclosed to any person or organization outside the Department of Defense without the individual's authorization and prior approval of the U.S. Army Criminal Investigation Command.
DO D-048442
FOUO
EXEMPT FROM MANDATORY DISCLOSURE UNDER FOIA

EXECUTIVE SUMMARY
(U) ARMY COURT-MARTIAL COMPLETED IN CASE OF PFC EDWARD RICHMOND. On 5 August, following a two-day contested General Court-Martial convened by the Commander, 1st Infantry Division, a court-martial panel consisting of five officer and five enlisted members convicted PFC Edward Richmond of voluntary manslaughter. Richmond was charged with the unpremeditated murder of an Iraqi detainee who was apprehended and flex-cuffed by unit personnel following a cordon and search operation on 28 Feb 04, vicinity Taal Al Jal, Iraq. Richmond was assigned to HHC, 1/27th Infantry Battalion, 25th ID at the time. The panel found Richmond not guilty of murder, but guilty of the lesser-included offense of voluntary manslaughter and sentenced him to a dishonorable discharge, forfeiture of all pay and allowance, reduction to Private (E-1), and three years confinement. The Commander, 1st Infantry Division must review the case and sentence, and, if approved, the Army Court of Criminal Appeals will review the case on appeal. This case is the first tried involving the alleged murder of an Iraqi detainee, but has not received extensive media coverage, as it does not involve misconduct inside a detention facility and perhaps because it was tried in Tikrit. There is Army Times media interest. (U)
c_10)c0-z-CO.JA-CUM c6)(b)--z_. @hqda.army.mil Approved by BG Wright
FOUO 016284
EXEMPT FROM MANDATORY DISCLOSURE UNDER FOIA
FOUO
EXEMPT FROM MANDATORY DISCLOSURE UNDER FOIA
EXECUTIVE SUMMARY
(U)
DTG 091100AUG04. How should we respond to the 14 Jul 04 Denver Post editorial, "Does Army Treat Abuse Seriously"?

(U)
Originator: Mr. Geren

(U)
Answer. Any response by OSD or HQDA should be tempered by the fact that there are four Soldiers facing charges under the Uniform Code of Military Justice (UCMJ). Military law prohibits any attempt to influence court-martial findings or sentences, and discourages even the appearance of doing so. If a response is deemed to be appropriate from a public affairs perspective, the following points are noted:

o The response would be so tardy as to be ineffective.

o There is a clear difference in culpability between Soldiers who commit assault and manslaughter and Soldiers who impede a subsequent investigation.

o One of the Soldiers charged with assault and manslaughter is an officer. His case is being handled in the same way as the enlisted soldiers who have similar charges.

o The facts of the case are being made part of the public record through evidence being given at pretrial hearings under the provisions of Article 32, UCMJ.

o The reprimanded officers have privacy rights that are protected by federal law and would likely limit the amount of material that could be disclosed to explain the disposition decision..

(1051.10)-LT./.OTJAG /_49)tb) , 7_..army.mil Approved By: COL. OTJAG
(U) Take-Away/Discussion Points:
o Response to the Denver Post editorial may create the appearance of unlawful command influence and would likely be limited by Privacy Act concerns.
FOUO
EXEMPT FROM MANDATORY DISCLOSURE UNDER FOIA

016285

Doc_nid: 
4497
Doc_type_num: 
67