NCIS Report: (10AUG04-MEBJ-0337-7XMA)

This case involves two Marines posing for pictures with an Enemy Prisoner of War while they were guarding him. In the pictures, the two Marines are aiming their M-16 service rifles in close proximity at the EPW, who had recently received medical treatment for a single gunshot to the back. Both Marines had recently been counseled about the "No Photography" policy after an incident where a detainee had been videotaped, but only one admitted to knowing the rule. One of the Marines claimed that the photographs were for the purpose of souvenirs, and that he had no intention of harming or killing any EPWs. He further claimed that "After talking with Special Agent [redacted] I understand the problems that these kind of actions can cause but I don't understand why [redacted] and I are getting in trouble. I know [redacted] may have violated an order if he was told not to take any more photographs but people need to understand that taking these kind of photographs are very common at the STP and it is accepted by everyone" (DODDON 000447). Both Marines received a reduction of rank to E-2, forfeiture of $250 per month for two months and 60 days restriction.

Doc_type: 
NCIS
Doc_date: 
Friday, October 8, 2004
Doc_rel_date: 
Tuesday, November 29, 2005
Doc_text: 

CASE ACTIVITY LOG-MEBJ/CAMP AL TAQADDUM, IZ

11111111111111ft

CCN: 10AUG04-MEBJ-0337-7XMA
09SEPO4 Case transferred from SAME= to SAINIMEMIN 11SEPO4 Case update electronically submitted 21SEPO4 Case still pending adjudication per SJAMMIN.111.111111.E nd
11111.11111Mtransferred back to the U.S. with unit; IA on . and
03OCT04 written; ROI due 070CT04 Case Review with SSA NINIMIIIINER
07OCT04 Disposition received from command-NJP fo.and
on 16Sep04 for Article 92 Violations
08OCT04 ROI(CLOSED) submitted to SSA INNIIIMEIM

09OCT04 ROI(CLOSED) electronically submitted to MEBJ; requested evidence log numbers from MEBJ evidence custodians; submitted case page count and e­mail correspondence count to MEBJ ASAC .
F SSA
and NCISHQ Attorney10OCT04 Received evidence log numbers from MEBJ; Fingerprint cards mailed to NCISHQ 0023CL via registered mail # RA 044 140 783 US; ROI (CLOSE)transmitted;1.11111.111111111, .
1FSSG.USMC.MIL]
CSSG-15 Commanding Officer for.an
Original case mailed to MEBJ; evidence not disposed of/returned since
NCISHQ has made inquiries on., shadow case file mailed to
sz•-ze.,\ Camp Fallujah.
cY•A \‘-¦
U.S. NAVAL cluvi
INVESTIGATIVE SERVI
REPORT OF INVESTIGATION (CLOSED)

080CTO4

SPECIAL INQUIRY (II)

CONTROL: 10AUG04-MEBJ-0337-7XMA/C

M/W/FNXX////UNKNOWN

COMMAND/CSSG-15, 1ST FSSG/42491

MADE AT/MEBJICAMP AL TAQADDUM 'Z1111111111111111, SPECIAL AGENT

REFERENCE(S)

(A) NCISFO Middle East Bahrain ROI (INTERIM)/07SEPO4 (Contains
Exhibits 1-14)

EXHIBIT(S)

(15)
IA: Submission of Photographs/20Sep04...(Copy All)

(16)
(2) Fingerprint Cards and Final Disposition Sheet/
09Sep04... Ori 0023C-L)

(17)
(2) Fingerprint Cards and Final Disposition Sheet/
09Sep04...(Orig 0023CL)

EXECUTIVE SUMMARY

1. This investigation was initiated on 10Aug04 after EIIIIIMEr
SMC, 111111111111111111111111111111M 1st Force Service Support

roup Deployed Marines (lstFSSGDM), Cam Al Taqddum, IZ, reporte
, USMC, and
SMC, were posing for photogra hs whil

din their

M-16 service rifles at close proximity of
Civilian, on 09Aug04.

was an Enemy Prisoner of
War (EPW) receiving medical attention at the Shock Trauma Platoon-4
(STP-4), Camp Al Qaim, IZ, for a single gunshot wound to his lower
back area.

and were assigned to guard.

1.111111 • le

whi

was

in the STP-4 area. The camera used to photograph
IIIIIIIIIII16dIIIIIIIII,was seized by command and delivered
to NCIS. Interviews of the STP-4 personnel were conducted concerning
the incident. and

were searched and evidence was

collected. anti

both provided signed sworn
statements admitting they took the photographs in question. Attempts
to locate

were unsuccessful due to operational obstacles in
the Operation Iraqi Freedom II combat theater.

NARRATIVE

1. On about 16Sep04, an41111111111rwent to Non-Judicial
Punishment for

violation or rticle 92 (Failure to Obey a Lawful

FOR OF IAL USE ONLY WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
Page 1
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES BEGUN* ACCESS
. HERETO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY'S' CONCERNED WITHOUT SPECIFIC
"
/ . ^' ti /: FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AUTHORIZATION
C.- e_
NOV00005
SUBJ : 1.1111111MVIENENSEMENSP

U.S. NAVAL CRIM .iL INVESTIGATIVE SERVI
Order) of the Uniform Code of Military Justice at Battalion level.
Both received a reduction of rank tO E-2, forfeiture of $250.00 per
month for two months and 60 days restriction. The $250.00 for one
month and 60 days restriction was suspended for six months.

2: Photographs of11111111,andAIIIIIIIIIIPare being forwarded for
inclusion in the NCISHQ master file; Exhibit (15) pertains. Criminal
fingerprint cards for111111111an111111111111 are being submitted for
processing. This investigation is closed.

ACTION
23CL: Fingerprint cards for

forwarded as
exhibits (16) and (17) for processing.

DISTRIBUTION
NCISHQ: 0023B(M)
ACTION: 0023CL (M)
INFO: 0029/MEBJ (M)

FOR OFFIOOKIE ONLY
Page 2.LAST 111111, V2 LNY
WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINALINVESTIGATIVE SERVICE
CONTENTS NAY RE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REWIRE ACCESS HERETO CONTENTS MAY NOT BE DISCLOSED TO THE PARTY'S) CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVCE
NOV00006
U.S. NAVAL CRIM IL INVESTIGATIVE SERVI
INVESTIGATIVE ACTION

20SEPO4

CONTROL: 10AUG04 -MEBJ-0037-7XMA

SUBMISSION OF PHOTOGRAPHS

1. On 21Sep04, Reporting Agent entered the photographs of
USMC, and

USMC, both of 1st Medical Battalion, Combat Service
'upport Group-15, and amended them enclosures (A) through (D).

2. For background, on 09Aug04, -and. ere discovered posing for photographs while guarding an Enemy Prisoner of
War,
ENCLOSURE(S)

(A)
Photograph of Front View/Not Dated

(B)
Photograph of Right Profile/Not Dated

(C)
Photograph of Front View/Not Dated

(D)
Photograph of Right Profile/Not Dated

REPORTED BY: Special Agent
OFFICE: liftqTaqacidum, IZ

l11111111,111111W

BJCat

FOR OFFI L USE ONLY WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
Page 1.LAST MP V2 LNY
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE (WHOA/ DUTIES REWIRE ACCESS
HERETO CONTENTS MAY NOT BE DISCLOSED 70 THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
77-/ '?7/ Li-
U.S. /s1AVALI, CRIM Al, INVESTIGATIVE SERVI

REPORT OF INVESTIGATION (INTERIM)

07SEPO4

SPECIAL INQUIRY (II)

CONTROL: 20AUG04-MEBJ-0337-7XMA

M/W/FNXX/N///UNKNOWN

COMMAND/CSSG-15, 1ST FSSG/42491

MADE AT/MEBJ/MANAMA BAHRAINWAIIMEN, SPECIAL AGENT

EXHIBIT(S)

(1)
Statement of

USN/12Aug04...(Copy All)

(2)
Statement of

SN/12Aug04...(Copy All)

(3)
Statement of

USN/13Aug04...(Copy All)

(4)
Statement of

USN/13Aua04...(Coby All)

(5)
IA: Results of Interview of

SN/

07Sep04...(Copy All)

(6) IA: Results of Interview

USMC/

of

IIIIIIIIIIIIIIIIII,

07Sep04...(Copy All)

(7)
IA: Acquisition of Sketches/06Sep04...(Copy All)

(8)
IA: Seizure of Evidence and Results of Search/O6Sep04...(Copy

All) bog&

(9)
IA: Results of Search of111.11111.1=11.1.

USMC/

06Sep04...(CopyAll)

(10) IA: Results of_ Search of

USMC/

01Sep04...(Copy All)

(11) Military Suspect's Acknowledgement and Cleansing Waiver of
Rights for

7Aug04...(Copy All)

(12)
Statement of

USMC/17Aug04...(Copy All)

(13)
Military Suspect's Acknowledgement and Cleansing Waiver of
Rights for Aua04...(Copy All)

(14)
Statement of

USMC/17Aug04...(Copy All)

EXECUTIVE SUMMARY

1 .

q investigation was initiated on 10Aug04, after 111.11.111111101
USMC,

1st Force Service Support

Group Deployed Marines ( F

), Camp Al Taqaddum, IZ, reported
and.

were posing for photographs while holding
their M-16 service rifles•

at close proximity of

on 09Aug04.

Imo.was an. Enemy Prisoner of War (EPW) receiving medical
attention at the Shock Trauma Platoon 4 (STP-4), Camp Al-Qaim, IZ,
for a single gunshot wound to his lower back area........Pand

IIIIIIIIIIIwere
assigned duties to guard IIIIIII, while he was at the STP-4 area. The camera being used was seized by the command and delivered to NCIS. Interviews of STP-4 personnel were conducted
-

concerning this incident. Searches were conducted of and
and evidence was collected. .......rand

ere

interrogated a

d provided statements admitting to taking the

00'

FOR OFFI AL USE ONLY
WARNING
Page 1 THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL
INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REOUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED
WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE 7
-7.0 /
NOV00008
DODDON-000410

SUBJ: 111.111161PMENIMINUSMC

U.S. NAVAL CRIM t.L INVESTIGATIVE SERVI
photographs. Attempts to locate

were unsuccessful due to
operational obstacles in the Operation Iraqi Freedom II combat
theater.

NARRATIVE

1. This investiaation is being conducted pursuant a suspected

violation of Article 92 (Disobeying a lawful order) and Article 126
(Assault) of the Uniform Code of Military Justice.

2. This investigation was initiated on 10Aug04, after
reported and

wereposing for photographs while
holding their M-16 service rifles at close proximity of

on

09Aug04. zas an Enemy Prisoner of War (EPW) receiving
medical attention at the Shock Trauma Platoon 4 (STP-4), Camp Al-
Qaim, IZ, for a single gunshot wound to his lower back

area.
andiallanwere assigned duties to guardralaiwhile he was at
the STP-4 area.

(
3. On 12Aug04,

U N, was

interviewed and

provided a sworn statement.

related

USN,

came to him on 09Aug04, and informed him she thought some of the
Marines were photographing a detainee patient.

went to

the tent and saw

and

in the tent as the auards

over bri
related he was talkin to

hen

ooked down at a-medical supply can.

related he

looked down as well and saw the camera and he took it into custody.
He then verbally counseled everyone in the tent. After he left the
tent he reviewed the ima es and discovered three images of

and one image of

pointing their weapons towards

Exhibit (1) pertains.

4. On 12Aug04,

was interviewed and provided a sworn

statement.

related she saw a flash of light coming from the
medical recovery tent.1111111Prelated she believed the flash was
from a camera. She related she went inside of the tent and asked if
everything was

okay. The personnel in the tent answered in the
affirmative. She then went out of the tent and stood near the
entrance.

hen observed more flashes at which time she

informed

of her suspicions. Exhibit (2) pertains.

5. On 13Aug04,

USN, was interviewed and

provided a sworn st ement.

related on 09Aug04, during the

treatment of
lace the butt

of his rifle in his shoulder.

asked

hat he was

doing and then he

saw a flash

light he believed was from a camera.

Illaaarrelated

came into the tent and took the

camera from

Exhibit (3) pertains.
6. On 13Aug04,

USN, was interviewed and-

provided a sworn statement.

elated on 09Aug04, while

checking the vital signs of

exposed a photograph of

related he

saw a flash of light and saw

utting a camera down. Then

mar

he saw 11111.111Wwith his rifle

FOR OFFIC ONLY
WARNING
Page 2 THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES KOLAR( ACCESS
HERETO CONTENTS MAY NOT BE ERSC.OSE0 TO THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
•.•

NOV00009
sOBJ: 111610111161011161MOW US MC
U.S. NAVAL CREW ,L INVESTIGATIVE SERVJ
raised and pointed in the direction of KIMExhibit (4)

pertains.

7. On 12Aug04, , USN, was interviewed. A sworn
statement was not obtained due to operational commitments

1111111,11111111111Prelated a policy was in place at Camp Al-QAIM not
allowing the photographing of EPWs. 1.1111.11,related11111111was
verbally counseled on this matter and also present during a formation

whenIIIIIIIIIIIIII, again reinforced the "no photography" policy.
Exhibit (5) pertains.

8. On 13Aug04,111111111111111111111 USMC, was interviewed. A sworn

statement was not obtained due to operational commitments of
21.11/111.11111111 related on 09Aug04, WINand

were
assigned to guard

related he knew there to be a
policy of no'photographs of EPWs.

also related he had
provided training to the Marines concerning keeping a weapon

pointed
at an EPW at all times. Exhibit (6) pertains.

9.
On 12Aug04 and 13Aug04, sketches of the scene on 09Aug04, were
obtained from"... and.1111101111, Exhibit (7) pertains.

10.
On 12Aug04, the camera took from

.as seized

as evidence. At the request of

USMC, Senior Trial
Counsel, Camp Al Taqaddum, the camera was not sent to NCISFO Bahrain
Evidence Repository immediately. On 17Aug04,

granted
permission for the search of the camera. During the search, three

b1
images of11111111rand one image of

were discovered. The
images depict both MEWand aiming weapons at
On 31Aug04, the camera was forwarded to .the NCISFO Bahrain Evidence
Repository via Registered Mail number RA 044 140 505 US. Exhibit (8)
pertains.

11. On 17Aug04, -_as requested to grant permission for a
search of his person and property; however,

eclined to grant
_._..p.e.mmissian On 17Aug04,1111111,was served with a Command
Authorization for Search and Seizure. He and his property were
searched. During the search twelve videocassette tapes were seized
along with a video camera. The videocassette tapes were reviewed and
no material of evidentiary value was discovered pertaining to this
investigation. The video camera and tapes were returned to the
command. Exhibit (9) pertains.

12. On 17Aug04,

granted permission to conduct a search of
his person and property. During the search a memory stick, digital
camera, and digital camera memory sticks were discovered and

reviewed. Nothing of evidentiar value was discovered on these items

and they were returned to

During the interrogation of he related he also owned a computer hard T.
'
The hard
drive was seized as evidence. At the request of

the hard

drive was not immediately sent to the NCISFO Bahrain Evidence
Repository. During the review of the hard drive a photographic image
of

pointing a pistol at an unidentified EPW was

FOR OFFIVIKE ONLY WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
Page 3
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES KOOK ACCESS
HERETO. CONTENTS MAY NOT SE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOV00010
SUBJ: 111111.11.1r,MMINIVUSMC

U.S. NAVAL CRIM _ALINIVESTIGACTIVE SERVI
discovered.•Also on the hard drive was a video clip of the movement

of EPWs in military trucks. While

was filming the
movement, an individual

identified as MEW Uczt,:C.,
(NFI), told

e should prbbablv not be filming tne EPWs,
but since he got away with it, 1111111111rwanted a copy of the
video. Exhibit (10) pertains.

13. On 17Aug04, was interrogated and admitted to posing

for a photograph while pointing his weapon at 111.11111. He also
admitted to photographing while he pointed his weapon at
1111111,11111111111Prelated he did not know about the policy
prohibiting the photographing of EPWs.IIIIIIIII1Welated he posed
for a different photograph while pointing a weapon at an EPW. He also
related pointing a weapon at an 7P

was in compliance with training
provided by

did not realize photographing EPWs

was a problem, especially sinceIIIIIIIIIIII, requested a copy of the
video he had taken of the transporting of EPWs. Exhibits (11) and

(12) pertain.

14. On 17Aug04,11111111rwas interrogated and admitted to posing for
photo ra hs while pointing his weapon and making hand gestures at

Illiarrelated he was aware of the policy prohibiting the
photographing of EPWs. 1111111relatediglEarprovided training
pertaining to the aiming of keeping a weapon aimed at EPWs. Exhibits

(13) and (14) pertain.

15. On 07Sep04,

USMC, Sergeant Major, CSSG-15,
was apprised of the results of this investigation. This investigation
is pending the administrative/judicial action against

and
IIIIIIIIIII

PARTICIPANT
111111111111111111 Special Agent, NCISFO Middle East, Camp Al

Taqaddum, IZ

ACTION
0023: Active investigation complete.

DISTRIBUTION

NCISHQ: 0023

INFO: CO, CSSG-15 (H)/SJA, CAMP AL TAQADDUM (H)

e()

(
FOR OFFIC ONLY
Page 4 LAST OW V2 LNY
WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOV00011
STATEMENT

Place : COC Building, Camp Al-Qaim, IZ
Date : August 12, 2004 vZ_Li Car

dlir. ake the following free and voluntary statement to Special A egrAMINEF
whom I know to be a Representative of the United States Naval Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge of suspected
detainee abuse.11111
01For identification purposes, I am .male standing abouillinches tall and weighing about/IWpounds. I havellelPiair an.eyes. I was born on gm? in.
andmy social security number is .I am assigned to Naval Medical Center Balboa, San Diego,
CA, but I am currently attached to 1st Medical Battalion, l st Force Service Support Group, Camp Al-
Qaim, Iraq. gm
IrMy knowledge of this incident began around
around the second week of Jul04, here at Ca Al-Qaim. On
that occasion, we were receiving an Iraqi citizen who was disembarking a UH-60 (Blackhawk)
helicopter on a medical litter sometime around dusk to early evening. While receiving that patient,
I
observed
USMC, with a camera in his hand. It appeared as though he was going to take a icture of the•patient as he was preparing his camera at the time. I'm not too sure but I believe duty was to be a litter-bearer and assist with takin the patient from thehelicopter. As the patient was being search is when I observed .
actions. I approached
11111111111rand instructed him to put the camera away and explained to him that it was not appropriate to take pictures of the detainee patients. I believed the situation to have been taken care ofand didn't think anything else of the matter.
1111About a week later at night, I was in the treatment tent and observed111111111/With a video camera filming some of the detainee patients we had at the time. I approached .
and
began to verbally counsel him for his videotaping and that he should not, again, take any pictures of
the detainees. I instructed him to erase the images that he had just taped and I stood there while
watching him erase it. He did this by recording over the images while he aimed the camera at the
walls and floors of the tent. As I counseledMillir I had.

SMC,
standing there with me. I informed the two that the next time this occurred it would result in a "charge-sheet". The next day, we had our normal formation and I took the opportunity to remind everyone that there is not to be any photo taking of the detainee patients for any reason. In the past, we
have been informed that we could take photographs of the U.S.
-military patients who wish to have
photographic documentation of their injuries and we could photograph patients to assist with
identification of those who had none. I didn't want there to be any confusion and I made sure to
inform the personnel that there is not to be any photo aph taking of any detainee. Due to different

duty assignments, I cannot say for sure that . , USMC, was in the formation or
not, but I made sure was in the formation. I know he was because I specifically
remember
remember ' breaking eye contact and looking towards the deck as I looked at him during my
INN

Page 1 of 3.
1: 1 )
NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
:ontinuation of voluntary sworn stay-.it of
¦1111111111111111111111 on August 12, 2004
WI know that. SN, who is our.was aware of this because heobserved me counseling-.about the video camera the night before and we discussed the information to be passed before the formation began. 1101111.11pupported me with this matter because we know the seriousness of these circumstances".
u-ound 2130-2200, 09Aug04, we received an Iraqi citizen patient who I do not know the identity because we rarely have the identification of the Iraqi patients. He had a lower back injury that was suspected to be shrapnel but turned out to be a bullet wound. During treatment, .
has
the duty of being the primary guard. Once they are recovering, we move into a "watch bill". We wanted to give security a real high priority because we understood that particular patient as being injured by counter-battery fire due to him allegedly firing mortars in a local surrounding area. It was determined a couple of days later that he was actually shot by somebody. 111
alluring his recovery,111.1.1. and.
ere assigned the guard duties for that
patient. Sometime within a few minutes after 2300, 09Aug04, I was at my desk when one of our
doctors,.
SN, approached me and whispered to me something to the effect of, `1111.14 think some of your Marines are taking pictures in the other tent". I immediately got up and walked over to the tent at which time I observed a flash of light, that appeared to be a camera flash, shine through the small openings of the tent. I immediately entered the tent and approached...
OMB I approached him because of the consistent problems I've had with him and cameras. I began to counsel him. He immediately looked down towards a medical supply (AMMAL) can and I looked in the same direction. I observed a camera in the AMMAL, which was on. As soon as...
1.111.oticed that I seen the camera, he reached down and picked it up. At that time, I seized the camera from him. Although I did not asked his permission, I believed he would have deleted any ‘10
pictures he had taken if he had the chance. I believed that due to his past track record of taking pictures and my informing him that he was going to get a "charge sheet" the next time he took pictures of a detainee. I knew that if there were any incriminating pictures on the camera, I had to protect them so he could not delete them. Although I was standing in front of...MIMI began to look around
the room and made eve.'th the others resent to include them with the counseling_ .Also
present was SN, and. USN.
I then exited t e tent with the camera. At one point in time, I remember .
entering thetent but I do not recall if he entered at the time I did or, the time I was counseling the
group.111111
After exiting the tent, I stood there for a moment to calm down and then went to my11111111111111
11111111.11111.111111111111111111. to inform

need to do a chime sheet. I instructed himto go get witness statement from.
an
which were to be used against .I did not view any of the images on the camera thatnight. I gained familiarity with
camera the next morning and was able to review the recorded images. There were four images on the camera from inside the tent from the previous night.
One of them had11.11.1riolding his M-16 service rifle from his hip and aimed in the direction of the detainee patient. In that image, was holding his other hand up and had his fingers configured to where he was giving "the bird" gesture. The other two images were similar in that'll',
1011111was.
o ext to the detainee patient again gesturing "the bird". The fourth image waswith.
anding next to the detainee patient with his M-16 service rifle aimed athis head with the flash suppresser about 3 feet away from his head. Also, in the images was
Page 2 of 3
NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
NOV00013
Continuation of voluntary sworn sta• .at of
on August 12, 2004
"Inglirwho appeared to be applying gauze bandages to the patient. Per his word, the other
corpsman, .was out of view of the camera but administering care and focused on
other areas of medical treatment.=
OPAfter viewing th images, I realized that the situation was much bigger and that ould, also, be included in the "chargelsheet". Initially, I was going to request charges for dereliction of duty and disobeying an order but it has, obviously, grown much larger.
0 do not recall if the patient was awake while I was in the tent and the images on the camera were too
small for me to notice his eyes but his face is plainly on the images. I did not download any images
from the camera and maintained it in my cuss .

ed it tillillimilrUSMC, CSSG-
15, who escorted .
and. ack to Camp Al-Taqaddum, IZ. Imaintained a chain of custody and had .sign for the camera on 11Aug04. While in my
custody, the camera was in my cargo pocket unless I was in my living quarters, which has no identi arkings. While in my living quarters, I was there, as well, and it was locked
m wall locker
.
41,-* arteby,. c.Ai) .0) cA,‘
( en.L. I AOC., C
K
I do not ouDif the detainee patient w aware of the photographs taken but I do know that he had strong doses of morphine as a result of his hlls. To the best of my knowledge, the patient wastransferred out that night as a mater of routine.
his statement, consisting of this page and 2 otherpage(s) was typed for me by
Special Agent11.1.
as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials o the changes or corrections' This statement is the truth to the best of my knowledge and belief.
Signatur
Sworn to and subscribed before me this 12th day of August in the year 200 .
Al-Qaim, Iraq.
Witnessed: •
ive Service ICLE 136, UCMJ-(10 U.S.C. 936) AND 5 U.S.C. 303
Oink Page 3 of 3
NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
NOV00014
DODDON-000416
STATEMENT

Place : COC Building. Camp A1-0aim, IZ Date.: August 12. 2004
.antdhevoUlnuintteadrys tsattaetsemNeanvtatlocSpecial
ri
°It.whom I know to beetahe following

oative
Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge of suspected detainee abuse
tillior the purposes of identification, I am allillremale standing about Iinches tall and weighing
about.pounds. I have1111111hair an.eyes. I was born on 11/11ffirall1111.11pand
my social security number is .I am al1111.1n the U.S. Navy and I'm currently
assigned to 1 st Medical Battalion, 1 st Force Service Support Group, Camp Al-Qaim, Iraq. My parent

command is Naval Medical Center San Diego, CAM.
111111My direct knowledge.andgIMIIIIMIIIWosing in pictures while aiming their weapons at detainee patients comes from some events that took place during the evening of 09Aug04. Sometime around 2200, on 09Aug04, we received an Iraqi Enemy Prisoner of War (EPW) with a wound to his right flank meaning his right lower back area. I was not involved in his actual treatment but I did observe while doing the documentation for his treatment. Later that night around midnight, I ir was walking by the treatment tent where he was recovering. I noticed a bright flash shining from
.)9
around the cracks of the tent zipper door. I stepped inside for a moment and saw all.111111 placing his rifle over his should?tilsrja was putting it to "sling arms". As the detainee was laying on a litter in the center of the room wi .s head towards the door and his feet away from the door
11111111andlliMill. was to the left of the detainee. Also, IIIIIMINand
111111111111111were in the tent as well. They were standing to the right of the detainee near his feet. I believe they were doing treatment care to the detainee. I remember asking aloud if everything was "OK" and the group generally nodded in the affirmative and, I think, .
aid, "Yes". I
stepped back outside of the tent and zipped the door shut. I waitedd ­a couple of seconds and saw about
three to four more flashes of light. I believe all the flashes I saw were from a camera but I did not see
a camera for the brief moments I was in the tent's door opening./
filkfter seeing the flashes, I immediately went to the tent next door and found our
MEW and told him, "I think our Marines are taking pictures of the EPW" immediately got up and went to the treatment tent. I then went and sat down at a lounge area just outside of the treatment tent; which was about fifteen to twenty feet away. I heard voice yelling from inside the tent. Although I could not understand much of what he was saying, I do recall hearing him say something to the effect of, "now give me that camera". I wanted to stay in the area just in case I was needed for anything. The next day, 10Aug04, I provided a typed statement as to
what I observed.
Orm not sure when, but a few weeks before this incident, I was in resuscitation tent when was videotaping another detainee patient. .
ecame aware of .
actions
and began to verbally counsel him..
aderignigterase the filming that he had111111
. cz.)
Page 1 of 2.
NCIS 5580/26 (1/2001)

(Formerly NCISFORM 016/04-81)
Continuation of voluntary sworn stat-nt of
on August 12, 2004
done. While he was talking to1111111111.1111111Marnade sure .know that he was not suppose to be taking pictures, of any kind, of the detainees. I do know that we are allowed to take pictures of the detainees but only to gain their identity and for their files. We are certainly not allowed to take pictures for personal use and definitely not while posing in a negative natureal?
O 'his statement, consisting of this page and 1 other page(s) was typed for me by Special Agentglini as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials over the changes or corrections. This statement is the truth to the best of my knowledge and beliefillir
Signature:
Sworn to and subscribed before me this 12 th day of August in the year 2004 at aim, Iraq.
Witnessed:
any.ice AUTH: DERI E 136, UCMJ (10 D 5 U.S.C. 303
Page 2 of 2
.
NCIS 5580/26 (1/2001)
(Formerly NC1SFORM 016/04-81)
NOV00016
DODDON-000418
STATEMENT

Place : COC Building, Camp Al-Oaim, IZ
Date : August 13, 2004 /09511

make the following free and voluntary statement to Special As'en
'.whom I know to be a Representative of the United States Naval Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge of suspected
detainee abusing/
OWor the purposes of identification, I am aillirmale standing abouarinches tall and weighing about •
11111pounds. I have.hair an•.e es. I was born on SIM on
1111and my social security number i-.I am assigned to l st Medical Battalion, 1 51 Force
Service Support Group, Camp Al-Qaim, Egos
Ora Corpsman assigned to the Shock Trauma Platoon-4, Camp Al-Qaim, IZ. Around 2230, on the night of 09Aug04, I was performing duties as a litter bearer when we received a wounded Iraqi citizen. We set the litter and patient on the ground in front of the vehicle headlights so, he could be searched before we carried him into the resuscitation/treatment tent. Once we carried him into the tent, the doctors began to evaluate his injuries and determined that the patient needed to go to an Alpha Surgical Company for X-Rays and surgery. The doctors put bandages on the patient. I was assigned to stay with the tient from 2300-2400 and get him prepared for a medivac flight to Al-Asad IZ. mywas assigned the watch after mine if the patient did not get medivac'd out by the end of my watch. IIIIIIIIIIIIIIF was supposed to be the Corpsman to fly with the patient so, he stayed to assist me with my duties. The two of us believed the medivac was going to occur soon so, we immediately began to prepare the patient. I believelIMMMandill111111111..., were assigned duties as security over the patientiffig
one
one point in time, I remember 111111111111111111/was attempting to get the last set of vital signs forthe patient the " ro- a " had been shut down. I remember what the vital_signs were so, I walked overto th.
and provided them to him. As the patient lay on his back on the litter with his
head pointing towards the main tent door and his feet towards the opposing end, . as standing to the right hand side of the patient's feet. I was standing to at the end of the litter at the patient's feet. I then returned to preparing the patient for the flight. Part of that preparation involved
the need to use the litter straps to secure the patient to the liter. The straps on that particular litter were missing so, I decided to get a roll of gauze, called a "Kerlix roll", from a medical supply can, called a AMAL can, and use that as a strap. After getting the Kerlix roll, I returned to the patient's left hand side at about his waist area and 1111111111111111rwas still at the patient's right side of his feet area.
moved up towards the left side area of the patient's head. I do not recall where as at that moment. As I began to open and use the Kerlix roll, I noticed that
had placed the butt of his M-16 rifle in his right shoulder. I remember saying to him,
"hey, what the hell are you doing?" At that moment, a flash of light brightened the area. I believe the
light was from a camera that came from the direction of my left side. Before I had a chance to do or,
say anything else,. entered the tent and began to yell at all of us. I remember

he inquired as to whom was taking pictures andlIMMIliraffirmed that he took some pictures
leiT_
£7,,,,,,- (3 ,
NC1S 5580/26 (1/2001) .
(Formerly NCISFORM 016/04-81)
Continuation of voluntary sworn st2'.it of 11111111111111111111.11 . .. on August 13, 2004
011111111111W nstructed anillir to give him the camera. IIIIIIIEIMFwas the only onewho had a camera at the time.11111111111111111117en departed the tent with the camera and told us that we were all going to get a counseling for taking pictures. He, also, wantedillaMPo go and wait for him in the tent next dol..
Ordo not recall any other pictures being taken that night. Just before that picture was taken, I had gone to the tent next door to ask about the timeframe of the patients departure soIMMINNIand I could know how ling we had to finish getting the patient prepared for his medivac flight."
1.. an
100 do not know of any other circumstance wherein anyone was doing such acts as abusing patients or
o Ina in such a way with detainee patients other than about two weeks earlier. I had asked.",
if I could use his external hard drive from his computer so, I could look at and save some of his pictures that he had taken since being in Iraq. I connected his hard drive to my computer and began to browse through his photographs. While doing that, I came across a photograph AMP11111111tolding his weapon in his shoulder while aiming it at another detainee patient. I did not savethat photograph. I do not recall if the magazine was inserted into the wea on while I was looking at
that picture. On the night of 09Aug04, I do not recall if magazine was inserte d into the weapon when he aimed it at the atient. I do know they are supposed to have the magazine inserted if they were standing watch V
is statement, consisting of this page and 1 other page(s) was typed for me by Special Agent1111.1 as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials over the changes or corrections. This statement is the truth to the best of my knowledge and belie
Signatur .
Sworn to and subscribed before me this 13th day of August in the year 2004, _
amp Al-Qaim, Iraq.
Witnessed:
rese tat] e, Nava_tna nvestigative Service
AUTH: DERIVED FR M ARTI E 136,
UC_10 U.S._AND 5 U.S.C. 303

saw
Page 2 of 2
NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
NOV00018

STATEMENT
Place : COC Building. CampA-QAIM. IZ
Date : Auczust 13, 2004/41S-611111M
,4111111111/ make the following free and voluntary statement to Special Aaent
whom I know to be a Representative of the United States Naval Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge ofsus ected detainee abusillier
or the purposes of identification, I am a MIR male standing aboutir inches tall and weighing about pounds. I have_hair and_eyes. I was born on.in1111.11111.Thd mysocial security number is .I am currently assigned to 1 Medical Battalion, l s` Force
Service Support Group, Camp Al-Qa m, IZio...
ometime during the late night of 09Aug04, I was a litter bearer for an Iraqi citizen that was being brought in because he was injured. I do not remember the specific time but I do recall it being later at night. 11111.111111111111111.andill.1111.111.1, were also litter bearers. I'm not sure who the fourth bearer was. We placed the patient on the ground in front of the vehicle headlights so he could be searched. I'm not exactly sure but I think 111111111111111searched him
whileIMIM
11111111.held security over the patient while he was searched. The patient was "zip tied" with his hands in font of him. I'm not sure if he was already "zip-tied" or if we did it then. We then carried him into the resuscitation tent so he could be treated. During his medical evaluation, the doctors -determined that he needed to be medivac'd out to Al-Asad, IZ, for X-Rays and surgery...
Olt.ile1111111111111111began to prepare the patient for medivac, I went to my living area to get some
things I might need for the trip because I was supposed to fly with the patient. After retuning from my
living area, I was in the evacuation tent while I waited for the medivac flight. 11/111111111rw

anted
me to get some vital signs before the atient left. About ten minutes later, I went over to the
resuscitation tent with
to 2et the vital signs of the patient. Also in the resuscitation tent werelli.111.1111pnd 11111111111111, who were standing security guard over the patient
OP.
s I walked into the tent, the patient was lying on his back and on a litter with his head towards the entrance I came in and his feet in the opposite direction. There are two entrances to the tent and it can get rather confusin as to which is the front and back doors. EIFERIBIR was standing near thepatient's head an.
was down past the patient's feet. At one point in time, after I
entered the tent, bothl.... and .
'ad moved and changed places. if.
liallarwas moving around the patient as though he was preparing him for the medivac. I walked over to a bedside stand by the patient's feet on the right side. I was attempting to get the vitals from the paperwork because the "pro-paq" had been turned off already. After asking .
what
the last vitals were he approached me and told me the patient's last vitals. .
then went
back to doing whatever he was doing at the time and I don't recall what everyone else was doing
because I was focused on getting the information for .I, then, noticed a flash of lightcoming from my right side area. I looked up and sa .ith a camera in his hand. He
then put the camera down and into the folds of his uniform blouse that was already setting on t
. UMW
Page 1 of 2. _
NCIS 5580/26 (1/2001) (
)
(Formerly NCI.
continuation of voluntary sworn str it of
111.11111111.11111116 on August 13, 2004
edical supply or, AMAL cans. While I raised my head in .direction, I scanned the
room and saw. still standing at the patient's head. 111111111/11111111Wtill had his M-16 rifle raised and pointed in the direction of patient's head. It looked as though he may have had the rifle placed in his shoulder and was just lowering it at the time I saw him. During that time, the
patient was still "zip-tied111111111
new that taking pictures was a really touchy subject and I didn't want anyone taking pictures at
patients while I'm in the area. Before I had a chance to say anything, .had
entered the tent just after saying, "what the fuck's going on?" and began to veil at all of us. It was at
that time.ad quickly hid the camera in his uniform blouse. . ad gone
straight to d in uired if he had a camera. He continued to yell at .d he
took the camera from ho had retrieved it from his uniform blouse.
then left the tent and informed us all that we were going to get a counseling for this and told

UMW that he was going to get in trouble. I do not have any knowledge of anyone ever abusing .
-
patients or aiming their weapons in threatening manner
is statement, consisting of this page and 1 other page(s) was typed for me by spekg,,,Lammir as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials over
the
changes or corrections. This statement is the truth to the best of my knowledge and bel'
Signature: 01111111111111. /3 /7'06-0. 9- /4207
Sworn to and subscribed before me this 13th day of August in the year 2 .at_Camp Al-Qaim, Iraq.
Witnessed:
Rep. stigative Service AUTH:.
E 136, UCM1.(1(1 U-S_C..936).AND 5.U.S.C. 303
Page 2 of 2
NCIS 5580/26 (1/2001).
(Formerly NCISFORM 016/04-81)
NOV00020
U.S. NAVAL CRTh _IL INVESTIGATIVE SERV
.
INVESTIGATIVE ACTION

C7SEPO4
CONTROL: 10AUG04-M=Bj-0337-7XMA

WIIIIIMMENEEr

RESULTS OF INTERVIEW OF IIREMIWawar USN

1. On 10Aug04,1111........111, USMC,

ist

Force Service Support Group (1FSSG), Camp Al Tagaddum, I2, reported
, USMC, and
USMC, were aiming their weapons at and taking
unauthorized photographs of a detained enemy prisoner of war (EPW),

immummaummor
civilian, whileiliallirwas
receiving medical attention at the Shock Trauma Platoon - Four, Camp
Al-Qaim, IZ.

2. On 12Aug04,

USN, was interviewed concerning

any knowledge he may have of

and

aking

photographs of detained EPWs.

3. Since his arrival in Iraq, 1.11.11. has had no knowledge of any
official policy regarding the taking of photographic images in his
work environment. Upon his initial arrival in Iraq, ajournalist has
traveled through the Camp Al-Qaim area while taking photographs.

11111111stopped the journalist from taking photographs.
could not recall the identity of the journalist. After inquiring

1L
about a photograph taking policy,

could not identify any

policy. The day after the journalist's visit during late April of
2004,

briefed his new photograph policy. The policy
allowed the exposing of photographic images of the general movements

of medical treatment as long as the patient's identity is protected.
However, the identity did not have to be protected if the patient
gave their permission for the photographs.

4.

egan to relate that photographs of detained EPWs were
not permitted, but he then recanted and indicated part of the policy
may not have been specific.....Pbecame confused about his

policy and indicated photograph taking of detained EPWs was permitted
for medical briefing purposes.

5. 11111111111,recalled an occasion around mid-Jul04, when

was

recording medical proceedings with his video camera. While
was approaching

1.1111111111111Mummi USN, contacted
IIIIIIII and began to counsel him about his video camera. The next

day,

was present for a scheduled formation whej

rein orced1111111111111,photograph policy and related that
photographs of detained EPWs is not allowed. 111111111.beliel.ied it
was clear, at that time, no one was allowed to take photographs of

detained EPWs.

EXHIBIT (5)

FOR OFFICOOKONLY
WARNING
Page 1
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED w17HouT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
/
NOV00021
DODDON-000423
SUBJ:

U.S. NAVAL CRIT
_SERV
-

6. 11111111. related he did not have any knowledge of anyone

pointing their weapons at any detained EPWs while posing in
photographs prior to the reporting on 09Aug04, the events that
initiated this investigation.

7. A statement was not obtained fromilliMpue to time
constraints and operational commitments.

BIOGRAPHICAL DATA
EMPLOYMENT: USN
SSN:
DOB:
POB:
RESIDENCE:

REPORTED BY: 11111.1111111111W, Special Agent
OFFICE:

NCISFO Bahrain, Camp Al Taqaddum, IZ

7G

FOR OFF E ONLY

WARNING
THIS
Page 2.LAST IMP V2 LNY DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REGIME* ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PAFITYCSI CONCERNED WITHOUT SPEOFIC
AUTHORIZATION ENDAI THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOV00022
DODDON-000424
U.S. NAVAL CRN A. INVESTIGATIVE SERV_ __
INVESTIGATIVE ACTION

07S= PO4
CONTROL: 10AUG04-MEBJ-0337-7X!:A

11.11111111111111111mmor

RESULTS OF INTERVIEW OF

USMC

1. On 10Aug04, 111111111111111111,
USMC,11=1.1111111111., 1st

Force Service Support Grou (1FSSG

Camp Al-Tacraddum IZ reported

that

, USMC, and
, USMC, were aiming their weapons at and taking
unauthorized photographs of a detained enemy prisoner of war (EPW),
civilian, while...II/was
receiving medical attention at the Shock Trauma Platoon - Four, Camp
Al-Qaim, IZ.

2. On 13Aug04,

USMC, was interviewed
concerning any knowledge he may have of

and

taking

photographs of detained EPW's..

is the senior Marine
present for all Marines assigned to the Shock Trauma Platoon - Four,
1st MedBn, 1stFSSG, Camp Al-Qaim, IZ.

3. On 09Aug04,1111111111111stood security watch over a detained EPW
while he was being received from a medical flight. The EPW was
identified as MEM The receiving procedures included a physical
search and medical treatment. IIIIIIIIIIIheld his wea on at the

b
ready while in "weapons condition three".

defined
"weapons condition three" as having the magazine inserted into the
weapon, bolt forward on an empty chamber, ejection port closed and
the weapon on safe.

4. After the detained EPW was medically evaluated and waiting for a
medical evacuation flight, he posted

and Iffaingi
as

security watch overIIIIIIIII,

informed both Marines that
IIIIIIIIr was "zi -tied"; meaning his hands where bound by "flexi-
cuffs".

further reminded them of their duties as being:
1) Do not fall asleep; 2) Watch the detained EPW; 3) Maintain weapons
in "weapons condition three;" 4) Notify the duty watch if something
was to happen. 111111111111rdid not review any details involving
photographs because the olicy was clear and commonly known as

everyone was briefed.

understood the policy to be that no
photographs were to be exposed of any detained EPW.

did not have any knowledge of anyone, to include
and

aiming their weapons in a negative manner
towards any detained EPW prior to this investigation. IlaWallat
indicated the security team members were authorized to be read to

fire during the initial search and while standing guard.
related he presented a class to the Marines and taught them to
maintain a weapon pointed at any EPW at all times.

EXHIBIT (6)

FOR OFFICE ONLY
WARNING
Page 1
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY'S' CONCERNED WITHOUT SKOP C
!
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE ,
--nc.
/ //i (r
NOV00023
SUBJ:

U.S. NAVAL CR IA .AL INVESTIGATIVE SEIn_
6.

elated he believes he knows the Marines well enough

tc

know that they did not intend to hurt or kill any detained EPW and

that the Marines always did their job and did what they were told.

7. A statement was not obtained from

due to time

constraints and operational commitments.

BIOGRAPHICAL DATA

EMPLOYMENT: USMC

SSN:

DOB:

POB: c
RESIDENCE:

REPORTED BY:

Special Agent

OFFICE:

NCISFO Bahrain, amp Al Taqaddum, IZ

FOR OFFIUSE ONLY
WARNING
Page 2.LAST OF V2 LNY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL PRIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOV00024
•¦•
.
U.S. NAVAL CRIA .A.L INVESTIGATIVE SERV. _r,
INVESTIGATIVE ACTION

06'7E.PO4
CONTROL: 10AUG04-MEBJ-0337-7XMA

ACQUISITION OF SKETCHES

1. On 12Aug04, Special Agent (SA)

conducted an

interview of

USN, During the

interview, SA

obtained a sketch from

depicting th

scene in the tent on 09Aua04 when

USMC, and

, photographed

each other posing with weapons over

civilian. Enclosure (a) pertains.

2. On 13Aug04, SA

nducted an interview of

111=111 USN,

During the interview, SA

obtained

a sketch from

debictina the scene in the tent on

09Aug04, whe

hotographed each other posing

with weapons ove

Enclosure (b) pertains.
ENCLOSURE(S)

(A) Sketch by IIIMdepicting medical tent on 09Aug04/12Aug04

(B)Sketch byIIIIIIIIIIII1Wepicting medical tent on 09Aug04/13Aug04
REPORTED BY:

Special Agent

OFFICE:

NCISFO, Bahrain, Camp Al Taqaddum, IZ EXHIBIT (7)

FOR OFFICOOKE ONLY
WARNING
Page 1.LAST 111111k2 LNY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY
BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT
BE DISCLOSED TO THE pARTYISI CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE T
VI/

NOV00025
EcuGH _ SKe7C1-4 bRAWA) AUG Ott 1230
Fac 4 Su 7 4)
INVESTIGATIVE ACTION

06SEPO4

CONTROL:

10AUG04-MEBJ-0337-7XMA

SEIZURE OF EVIDENCE AND RESULTS OF SEARCH

1. On 09Aug04,1111111110.11111111, USN,

seized one Olympus

Stylus 300 Digital camera and one lens cover from
, USMC, because he and
USMC were posing and photographing each other guarding
, civilian, an Enemy Prisoner of War (EPW)

detainee patient in Al Qaim, IZ.

2. On.12Aug04, Reporting Agent (RA) seized

Olympus Stylus

300 Digital camera and lens cover that

aced inside of a

plastic zip lock style bag from

USMC,

Sergeant Major, Combat Service Support Group 15 (CSSG-15), aboard
Camp Al Taqaddum, IZ. Re ortin A t also obtained a Chain of
Custody receipt from

Enclosure (a) pertains.

3. Subsequent to the seizure of the camera as evidence, it was placed
in temporary storage at NCIS Camp Al Taqaddum, IZ. On 17Aug04,
IIIIIII,was requested to grant permission to conduct a search of his

camera for the retrieval of possible evidence of he and
having been photographed posing over IIIIIIII1,0n 17Aug04,

10
granted permission to search the camera by signing a Permissive
Authorizatiort for Search and Seizure. Enclosure (b) pertains.

4. On 17Aug04, the digital photographic images on

camera

were reviewed. During the review, four images were discovered
pertaining to this investigation. Three of the photographsde icted
alinlirposing for the camera and making gestures towards

One photograph depicted

pointing his weapon at

Enclosures (c) through (f) pertain.

ENCLOSURE(S)

(A)
Chain of Custody/09Aug4

(B)
Permissive Authorization for Search and Seizure for MRS

17Aug04

(C)
Photograph depicting

Undated

(D)
Photograph depicting

Undated

(E)
Photograph depicting

Undated

(F)
Photograph depicting

Undated

REPORTED BY:

Special Agent

OFFICE:

NCISFO Bahrain, Camp Al Taqaddum, IZ

EXHIBIT (8)

FOR 000000USE ONLY

PAGE 1 LAST 1111,

V2 LNY

U.S. NAVAL CRTh ,AL INVESTIGATIVE SERV.
INVESTIGATIVE ACTION

OISSEPD.:
CONTROL: 10AUG04-ME25-0337-7X!,:A

IMEMELIIIImmist

SEIZURE OF EVIDENCE AND RESULTS OF SEARCH

1. On 09Aug04,

USN, seized one 01
Stylus 300 Digital camera and one lens cover from
USMC, because he and
USMC were

sing and photographing each other guarding
, civilian, an Enemy Prisoner of War (EPW)
detainee patient in Al Qaim, IZ.

2. On 12Aug04, Reporting Agent (RA) seized

Olympus Stylus
300 Digital camera and lens cover that had been laced inside of a
plastic zip lock style bag from

USMC,
Sergeant Major, Combat Service Support Group 15 (CSSG-15), aboard
Camp Al Taqaddum, IZ. Reporting Agent also obtained a Chain of
Custody receipt from

Enclosure (a) pertains.

3. Subsequent to the seizure of the camera as evidence, it was placed
in temporary storage at NCIS Camp Al Taqaddum, IZ. On 17Aug04,
SIIIIIIIFwas requested to grant permission to conduct a search of his
camera for the retrieval of possible evidence of he and
having been photographed, posing over MEM

On 17Aug04,
granted permission to search the camera by signing a Permissive
Authorization for Search and Seizure. Enclosure (b) pertains.

4. On 17Aug04, the digital photographic images on

camera
were reviewed. During the review, four images were discovered
pertaining to this investigation. Three of the photographs depicted
1111111,posing for the camera and making gestures towards
One photograph depictedIIIIIIIIIIr

pointing his weapon at
Enclosures (c) through (f) pertain.

ENCLOSURE(S)

(A)
Chain of Custody/09Aug4

(B)
Permissive Authorization for Search and Seizure for
17Aug04 UMW

(C)
Photograph depicting /Undated

(D)
Photograph depicting

Undated

(E)
Photograph depicting Undated

(F)
Photograph depicting

Undated

REPORTED BY:

Special Agent
OFFICE:

NCISFO Bahrain, Camp Al Taqaddum, IZ

EXHIBIT (S)

FOR OFFICIef imi
ONLrY WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
Page 1 V2 LNY
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS wHOSE OFFICIAL DUTIES REQUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCIRNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERvICE74
,-) / /
7 'it,:

NOV00029
CHAIN OF CUSTODY

Item: Silver colored "Olympus" brand digital camera in two

pieces.

(1)camera body

(2)lens cover

Recovered: Item was recovered b n 9 Aug 04 at
approximately 2300 hours from

TRANSFERRED FROM DATE TIME RECEIVED BY DATE TIME 1-b.I 0.• 2-4Dcei12 OL, 30 elyer/L. 06.??,'
3.

4.

5.

6.

7.

8.

9.

Signature:

1._111111.11.1111116D_Wbi
PRINTED NAME SIGNATURE

sulliPPIPErs- 01•11P16----
2.
INTED
=PPM
3.
PRINTED NAME SIGNATURE
PRINTED NAME SIGNATURE
4.
PRINTED NAME SIGNATURE
PRINTED NAME SIGNATURE
EA:•(-1...42).5u Zt CT' 4-)

PERMISS' AUTHORIZATION FOR SEAR. 4ND SEIZURE

Date : A112USI 17. 2004
after being advised by Special AuerA...."
at the Naval Criminal Investigative Service is conducting an investigation into Disobeying a lawful order and deriliction of duty, have been requested to permit a search of my Olympus digital camera...
0
111gave been informed of my constitutional right to refuse to permit this search in the absence of a search warrant. In full understanding of this right, I have nevertheless decided to permit this search to be made.
IL s search may be conducted on 17Aug04 by SA.alialltrall..and I hereby give my -
id SA.permission to remove and .any property or papers found during the search which are desired for investigative purposes.
OPmake this decision freely and voluntarily, and it is made with no threats having been made or promises extended to me. way
Signed:. 74V6-0 1-i C'
Command Representative
TIMES OF SEARCH
Start :
End :

Page 1 of 1
NCIS 5580/21 (Rev. 08/2001)
NOV00031

NAY - CRIMINAL INVESTIGATI . SERVICE DELETED PAGE INFORMATION SHEET
Pa rze(s).3 /.
-
3c_ -
withheld entirely at this
Lt
location. One or more of following explain this deletion. Fvf Deleted under exemption(s)
I Documents originated with other government
and agency(ies).
and direct response to you.. Referred for rev'
i Pages
contain information furnished by other government a zency(ies) We advise you of releasabiliry of information following consultatio will
agency(ies). .n with Comments:
DELETED PAGE(S)
NO DUPLICATION FEE

-FOR THIS PAGE
U.S. NAVAL CRIB AL INVESTIGATIVE SERV. z,
INVESTIGATIVE ACTION

06SEPG4
CONTROL: 10AUG04-MEB3-0337-7XMA

IMMIElamaimer

RESULTS OF SEARCH OF 111111111111111111111110.1.

n 17Aua04, Special Agent

requested a search of
, person and property. SA

in the presence of the Reporting Agent (RA), requested the
search by utilizing a Permissive Authorization for Search and Seizure
(PASS) form. The PASS form began at 1102, 17Aug04, as indicated by

Wwriting the time and placing his initials. About 1105,

17Aug04,

elected to invoke his right to refuse the search.

Enclosure (a) pertains.

2. After

invoked his rights to refuse the search, SAM=

presented

with a Command Authorization for Search and Seizure

as granted by
Combat Service Support Group 15, 1st Force Service Support Group
Deployed Marines. Enclosure (b) pertains. Enclosure (c) is the
Affidavit for Search Authorization as presented by SAIIIIIIIIkolillir
1111111116 the basis for

-the Search Authorization.

3. At 1146, 17Aug04, the search of IIIIIIIIIPproperty began. At 1153,
17Aug04, twelve video tapes were seized for review. At 1200, 17Aug04,
one Sony Handycam Vision Video Camera Recorder, serial number
1460982, with its charger power supply were seized. Subsequently, the
videotapes were reviewed. None of the videotapes contained any images

pertinent to this investigation. The video camera and videotapes were

returned to

Sergeant Major, Combat

Service Support Group 15, 1st Force Service Support Group Deployed

Marines.

ENCLOSURE(S)

(A) Permissive Authorization for Search and Seizure for

17Aug04
(B) Command Authorization for Search and Selz (C) Affidavit for Search Authorization for r111111,17Aug04 17Aug04
REPORTED BY: OFFICE: Agent NCISFO Bahrain, Camp Al Taqaddum, IZ EXHIBIT (9)

FOR OFFI
USE ONLY

WARNING
Page 1
LAST Mr V2 LNY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATNE SERVICE
CONTENTS MAY RE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REWIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOVO 0 0 3 3
DODDON-000435
PERMISS AUTHORIZATION FOR SEARt .ND SEIZURE
Date : August 17. 2004
after being advised by Special A er
gAMMEnr
that the Naval Criminal Investigative Service is conducting an investigation into Disobeying a lawfu order and deriliction of duty, have been requested to permit a search of my Personal property and person.
I have been informed of my constitutional right to refuse to permit this search in the absence of a
search warrant. In full understanding of this right, I have nevertheless decided to permit this search to
be made.

This search may be conducted on 17Aug04 by SAIIIMINand Sand I hereby give my
permission to remove and retain any property or papers found during the search which are desired for
investigative purposes.

I make this decision freely and voluntarily, and it is made with no threats having been made or
promises extended to me.

191
Signed: .
Representative, Naval Criminal investigative Service
Representative, Naval Criminal Investigative Service
Command Representative
TIMES OF SEARCH
Start :
End :

. Page 1 of 1_
.-).
A
NCIS 5580/21 (Rev. 08/2001)
NOV00034
DODDON-000436

AffidaN,._Search Authorization
NL Al Criminal Investigativ Jervice
UNITED STATES OF AMERICA VS. 111111111111111111111111.11111.11,
BEFORE the Commanding Officer, CSSG-15, IstFSSG,111.111111.111111111111USMC
The undersi ed, being duly sworn, requests authority to search:
person, living area and personal property located aboard Camp Al Taqaddum, 11 to include any digital, tape and/or, film recording devices; any personal and/or government computer equipment to include all accessories/devices and electronic/physical information and/or materials.
Believing that there is now being concealed certain pro ertv namely:
Physical and/or-electronic photographic evidence containing _and other military personnel posing
in threatening and degrading postures with Enemy Prisoners of War (EPW)/Detainees.

The request for authorization to search and seize is made in connection with an investigation
into the offense(s) of :
Disobeying a Lawful Order/Deriliction of Duty by taking and/or posing for improper photographs with
EPW/Detainees.

/71
The facts and circumstances known to me tending to establish the foregoing grounds for authorization to search and seize, including comments demonstrating the reliability of the information and/or infor _t are as follows:
According to_ , prior to 09Aug04, he instructed the mbers of lstMedBn, FSSG, Camp Al-Qaim, IZ, not to take photographs of EPW/Detainees.
Signature of Affiant Represe_ mal Investigative Service
Sworn to before me, and subscribed in my presence, this 17th da of Au ust, 2004.
Sign_ is ering Oath
L uswe Coemovi ai essa /c Rank, Service, Title
Page 1 of, NCIS 5580/1 (1/2001). (Formerly NCISFORM 023/08-92)
NOVO 003 6
Page 2. of Affidavit for Search Authorization in the case ofiliMMIEEM
USMCIIMEM

After interviewing several witnesses who have provided signed, sworn statements. I have determined that on 09Aug04, while standing guard over an EPW/Detainee patient. ONEF
1111111111photographed and/or posed for photographs while aiming an M l 6 service rifle at the EPW/Detainee in the treatment/resuscittion tent, Cam Al Qaim, IZ. According to two persons within his supervisory chain of command, .had previously been counseled and ordered not take photographs of EPW/Detainees.111111.111111111 consistent past actions of photographing EPW/Detainee patients couple with his actions on 09Aug04, leads me to believe that 1.11110111111 1has other photographs of EPW/Detainee patients saved/stored on his personal computer and/or accessories to include_ information storage devices and/or materials.
I have over twenty years of law enforcement experience. I have been a Military Policeman and a Criminal Investigator for the United States Marine Corps. I am currently assigned as a Special Agent with the Naval Criminal Investigative Service where I have worked for the past six years. Based on my experiences, I believe there to be other items and/or materials of evidentiary value maintained within .personal property.
U.S. NAVAL CRIM .L INVESTIGATIVE SERVI ,
INVESTIGATIVE ACTION

0:SEPO4

• CONTROL: 10AUG04-MEBJ-0337-7X .A
RESULTS OF SEARCH OF IMMINOWN/Marar

1. On 17Aug04, 1111.11111111.11111.11.111.111111.111W

was

requested a search of his person and property by Special Agent
1111111111111111.1Wand Reporting Agent (RA).

granted
permission for the search by signing the Permissive Authorization for
Search and Seizure form. Enclosure (a) pertains.

2. During the

search offigaleperson, a memory stick drive was

seized at 105

5, 17Aug04. The memory stick was reviewed for content

and nothing of

evidentiary value for this investigation was
discovered. On 17Aug04,E1111.1,

memory stick was returned to

him.

3. During the search of

property, a digital camera and

camera memory sticks

were discovered at 1130, 17Aug04. The camera and

memory sticks were

reviewed for content and nothing of evidentiary

value for this

investigation was discovered. The

camera and memory

sticks were returned to

on 17Aug04.

4. During the interrogation of

on 17Aug04, e related he

also owned a computer hard drive. At 1840, 17Aug04,
Western Digital hard drive, serial number WCAM51005609, the USB
cable, and the Asian Power Devices power adaptor, serial number
3C9125803, were seized as evidence. The hard drive was maintained at
the NCIS Office, Camp Al Taqaddum, IZ, for review. During the review
of the hard drive, a photograph of Illinigguarding an enemy

prisoner of war (EPW)/detainee was discovered. Enclosure (b)
pertains.

5. During the review of

hard driv

e, RA discover

video clip of the movement of EPW/detainees as

filmed by

On the video,

as talkino to an ind

ividual he identified

as

(NFI).1111,1111111rtol

he

probably should not have been video taping the

EPW/detainees, but

since he got away with

wanted

a comb of the video.

111111111111,further related he

would provide

with a thumb

drive .r saving the video. The

v o clip was reviewed by11.111111.
Camp Al Taqaddum, IZ, and
1st Force Service

Support Group Deployed Marines (dFSSGDM).

6. After the seizure of the hard drive and the

discovery of the

photographs and video,

requested the

evidence be maintained

EXHIBIT (10)

FOR OUSE ONLY
WARNING
Page 1
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REOUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE FARMS) CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE 17/
NO700038
SUBJ:

U.S. NAVAL_
AL INVESTIGATIVE SERV.
at NCIS, Camp Al Taqaddum for trial purposes. The evidence was
maintained and secured at NCIS. However, au_ to the _length of this
investigation and possible further efforts needed, on 02Sep04, the
evidence was mailed to the NCISFO Bahrain Evidence Repository v

,a

registered mail # RA 044 140 505 US. As of the date of this report,
no log number has been assigned to the evidence.

ENCLOSURE(S)

(A) Permissive Authorization for Search and Seizure for

17Aug04 beIC

(B) Photograph of 1.1111111,Undated

REPORTED BY: 1111111111111111.11.11pspecial Agent
OFFICE:

NCISFO Bahrain, Camp Al Taqaddum, IZ EXHIBIT ( )

FOR OFFIAM ONLY

WARNING
Page 2.LAST 01111W2 LNY
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATNE SERVICE CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY'S) CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
NOV00039
.P•
PERMISS' AUTHORIZATION FOR SEARL ' AND SEIZURE

1
Date : August 17. 2004 \ 0..4
.g461M11, d/or SA. at the Naval Criminal Investigative Service is conducting investigation into Disobeying a lawful order and deriliction of duty, have been requested to permit search of my Personal property and person.
fter being advised by Spec ial A er
have been informed of my constitutiona nght to refuse to permit this search in the absence of a search warrant. In full understanding of this right, I have nevertheless decided to permit this search to be mad
This search may be conducted on 17Aug04 by SAONE and SAWN and I hereby give my permission to remove and r.any property or papers found during the search which are desired for
investigative purpose
0
make this decision freel oluntarily, and it is made with no threats having been made or promises extended to m
Command Representative
TIMES OF SEARCH Start : Zr5t3J /0 5-a ; II 27 End : /0 5" 7 lk9S
E-'-.cl.,2( 00 4?
Page 1 of 1
NCIS 5580/21 (Rev. 08/2001)
NOV00040
-••"••''
NA _ CRIMINAL INVESTIGAT; SERVICE
-
DELETED PAGE INFORMATION SHEET
Pace(s)
withheld entirely at this location. One or ore of followinz explain this deletion.

1 Deleted under exemption(s) .(77('
I I
Documents originated with other government agency(ies). Referred for review
and dirett response to you.
I
Panes contain information furnished by other government agency(ies)- We w illadvise you of releasabiliry of information following consultation
with.agency(ies). Comments:
-.
DELETED PAGE(S)
NO DUPLICATION FEE

-FOR THIS PAGE
MILITARY SUSPECT'S 7ICNOWLEDGEMENT AND CLL, —SING WAIVER OF RIGHTS
Place: NCIS Office, Camp Al Taqaddum. IZ
Date : August 17. 2004/ 3apro.

ave been advised by Special Arent that I am suspected of Aggravated assault. Disobeying a lawful order. and deriliction of duty by taking and/or posing for photographs with Enemy Prisoners of War/Detaine 01
df
have o been advised that: ) Any prior illegal admissions or other impro e obtained evidence which incriminated me
c.be used against me in a trial by court-martial•
(2) I have the right to remain silent and m.no statement at al 3) Any statement I do m e can be used against me in a trial b ourt-martial or other judicial or.inistrative proceedin
) I have the right t.nsult with a lawyer prior to any questioning. This lawyer may be a ci.lawyer retained by me at no c st to the United States, a military lawyer appointed to act as my counsel at no cost to me, or both-
5) I have the right to ha m.'ned civilian lawyer and/or appointed military lawyer p.during this interview; ) I may terminate this .rview at any time, for any reason.
understand my rights as related to me and as set forth above. With that understanding, I have
ed that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a lawyer present at this time. I make this decision freely and voluntarily. No threats or promises have been made to me.
. zycH,a--r;;_—r ( / )
Page 1 of 1
NCIS 5580/19 (1/2001)
(Formerly OPNAV Form 1.01.1)
NOV00042
STATEMENT

Place • : NCIS Office, Camp Al-Tactaddum. IZ
Date : August 17. 2004 / / L-1:1

make the following free and voluntary statement to Special Agent
fe . whom I know to be a Representative of the United States Naval Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge of suspected detainee abus
or identification p.ores, I am angle standing about inches tall and weighing about pounds. I have air and.yes. I was born ono's. in IIIIIIIIIIBPland my social security number i.I am currently assigned to 1 stMedical Battalion, 1' Force Service Support Group, Camp Al-Taqaddum, IZ, where I have been assigned duties with the Shock Trauma Platoon-4 since my arrival at Camp Al-Qaim, IZ, on 05M
1,
Since my arrival in Iraq, I've posed for two photographs wherein I have a weapon drawn. The first '.time I have ever done this was sometime around Jun04. We had received four wounded Marines and an Enemy Prisoner of War (EPW). They were wounded from a grenade blast because an Iraqi had thrown a grenade and one of the Marines, .SMC, had jump on top of the grenade while throwing his Kevlar helmet over top of the grenade. I was videotaping the Marines and one of our doctors. ad come up to me and said somethin to the effect of, "hey, cut the video... he's dying". After hearing that, I stopped taping. .was not upset at me for ta i.rather upset that the Marine was dying. I believe anyone should be able to hear11111, on my video-because I was still taping at the time he told me that. That recording, along with other photograp nes posing vvith their weapons, should be stored on my extemal hard- 1(
drive for my compu.
110
11kbout two hours before the incident I have just explained, I had posed for a photograph with one of the EPW's that had been brought in with the four Marines. In that photograph, I was standing in my desert digital uniform with my blouse removed. I was leaning on some medical supply boxes, called AMAL cans, with my left arm. I had my right wrist rested on m right hip. In my right hand, I was holding an M-9 9mm pistolhat I borrowed from SMC. I positioned myself behind the patient and.as unconscious..as present but out of sight of the cameras view. I believe USMC, and I were the only ones that had our icture taken on that occasion. I'm not sure, exactly, who too picture but it was either . USMC,
°111101111111111111111111, USM
e second time I ever posed with a weapon on an EPW was on 09Aug04. That ni *hi, we had received an EPW.et. e around 2130. I was a litter bearer along with USN, an .sat the EPW down on the ground in front of a "997
Ambulance" so; we could use the headlights to search the EPW. . earched the EPW while stood guard over him with his M-9 9mm pistol .. We then carried the EPW to the resuscitation tent where the medical staff evaluated him. I remember hearing the EPW moan as we sat him down. At that moment, the group of people in the tent collectively told the EPW to, "shua
( IL)
111111O#3

NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
NOV00043

ontinuation of voluntary sworn stater • of
111111MMINEMIP
on August 17, 2004

the fuck up!" That group included an Iraqi interpreter, USN IIIMMET USN
1111111USN. There was a lot more eo le in the tent and I can't recollect who else said that to the EPW. However, I do recall . USMCWIREMIMUSNINEW 11.1111111111nd other people were present but did not say anythin derogatory. I was standing in the back of the tent and did not say anything. I don't recall hearing .saying anything either. During.examination, I heard other comments such as, "shut up" and "why the fuck did you mortar
us"
tooli
Otfter the examination, I was posted as guard along with .I believe 1111111.111USN, and. as in the tent preparing the EPW for a medevac flight. After about an hour,.came into the tent to check the vital signs of the EPW. While doing that, he made azomment to the effect of, "did you ever hear of Guantanamo Bay, Cuba? They eat fuckers like you up. I bet you didn't hear about our anti-mortar systems". After talking to the corpsman about the vitals, he left while instructing the corpsman to get him when the helicopter was read
f.came into the tent, I took three photographs o .f1111.1111..posing. In the first photograph,. ack was facing me and it was blurry. The second photograph
tograph,.
was with.ust standing next to the left side of the EPW's head with his hand raised while making a gesture with his right hand. The next day, old me that he was gesturing hismiddle finger so that he was "shooting a bird". The third photograph should have posing with his M-16 rifle somewhere on his side as he had it slung on his shoulder
After taking that third photograph, I changed places with .I moved from the EPW's far left side from his feet up to just behind the left side of his head. .
owed from the left side of the EPW's head to the location from where I moved. I raised my M-16 rifle and placed the butt in my right shoulder. I aimed the muzzle just to the right of the EPW's head. After having my photograph taken, I lowered my rifle. Both IIIIIIIIII.and myself had our rifles in "weapons condition 3", which means; magazine inserted, bolt forward, no round in chamber and safety on. This occasion on 09Aug04, was the first time I had ever been assigned the duty to guard an EPW. Prior to that, I was told by11111111111111) keep my weapon on him at all times. Unless I was walking around to the other side of the EPW to pull his blanket back on him or replace the feet "flexi-cuffs" because the were too tight, I kept my weapon on him like I was told. I would, also, lower my weapon when guarded him and I took a break.
(pa would like to say that at no .time did I intend to harm or kill any of the two EPW's. I just wanted to pose in some photographs to keep as a souvenir for what I did while here in Iraq. I didn't think that anything was wrong because I have some photographs that were given to me by some Marines who were out here in the war last year. I just wanted to have something to show what I did here in Iraq. I guess I now know that those particular photographs could be perceived as being abusive. Again, I didn't mean for that to happen. I've been taking photographs since I arrived here in Iraq. Most of the photographs were by the approval of111.1111111Wand I gave him copies for his medical briefings. Usually, just about everyone has cameras and when I'm asked not to take photographs I don't.ifip
1111Prf
3
NCIS 5580/26 (1/2001). (Formerly NCISFORM 016/04-81)
J'
ntinuation of voluntary sworn state', _if
on August 17, 2004
remember an occasion when as videotaping a group of Marines. A "lstSgt. -was
Ilei with them and became upset tha was videotaping the wounded Marines. I believe I
recall the lstSgt being mad because someone was recording his Marines who were hurting. NOR
IIIIIIIIIIregan to yell at1111111.1, and made him erase the videotape. I've been told that we
were informed not to photograph EPW's. I, personally, do not recall being told that or, ever hearinsz
that information prior to this incident. I could have been on duty at that time. After this incident,

md I were talking and he informed me that he was counseled for taking photographs and instructed not to do it anymore. I was upset at him and sarcastically told him, "Well, I wish you would have told me". If I had known that, I would not have taken the photo phs. Although I would like to have souvenirs, I don't want to jeopardize my career for a pic
0001
After talking with Special A ent IIMIF I understand the problems that these kind actions can cause but I don't understand why_and I are getting in trouble. I know Millirmay have violated an order if he was told not to take any more photographs but people need to understand that taking these kind of photographs are very common at the STP and it is excepted by everyone. As an example, I was taking a videotape of a couple of 7-ton trucks loaded with EPW's. I remembeillir telling me something like, "I don't think you should be taping that because they might not ike it". After the convoy left, IEIIIIIIIIIrUSMC, told me, "Well, now that you got away with it, I would like a copy". Anyone should be able to hear the conversation on the video because the camera was still recording. About ten minutes later, I was in my living tent an _ came up to me 40 and gave me his thumb drive. I copied the video for him and gave it back to hi #
Y) I would like to apologize for my actions and say that I will never do anything like that again nor., will I allow myself to be put in a position for that to happen. I just wish I used a little more common sense at the time. I just got caught up in circumstances where I thought it was accepted because I didn't mean any harm. I didn't think how the EPWs would feel if they were conscious or, how the public would view those image
0111011fhl's statement, consisting of this page and 2 other page(s) was typed for me by Special Agent/OW as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials over the changes or corrections. This statement is the truth to the best of my knowledge and belief.
Signature: 77/96/./ 5`I
Sworn to and subscribed before me this 1 gust in the year 2004, at Camp Al-Taqaddum,
Iraq.
Witnes
epr e Service AUTH: DERIVE FROMAR-TICLE 136, UCM.1 (10 .C. 936) AND 5 U.S.C. 303
_ e'ag
NCIS 5580/26 (1/2001)

(Formerly NCISFORM 016/04-81)
NOV00045
DODDON-000447
MILITARY SUSPECT'S KNOWLEDGEMENT AND CLE, INC WAIVER OF RIGHTS
Place: NCIS Office, Camp Al Taqaddum. IZ
Date : August 17. 2004p0 `S -11111111111
USMC_ave been advised by Special Agent at I am suspected of Aggravated assault. Disobeying a lawful order, and deriliction of duty by taking and/or posing for photographs with Enemy Prisoners of War/Detainee.",
I have also been advised that:
OM(1 ) Any prior illegal admissions or other improperly obtained evidence which incriminated me
cannot be used against me in a trial by court-martial; —
imp) I have the right to remain silent and make no statement at all;
) Any statement I do make can be used against me in a trial by court-martial or other judicial
or administrative proceedinall.
) I have the right to consult with a lawyer prior to any questioning. This lawyer may be a civi ian lawyer retained by me at reoist to the United States, a military lawyer appointed to act as my counsel at no cost to me, or bot
) I have the right to have my retained civilian lawyer and/or appointed military lawyer preePtring this interview; an 01116) I may terminate this interview at any time, for any reasongilli
illipunderstand my rights as related to me and as set forth above. With that understanding, I have decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a lawyer present at this_e. I make this decision freely and voluntarily. No threats or promises have been made to me.
Signature
Date & Time: 70\0
Witnessed:
Page 1 of I
NCIS 5580/19 (1/2001) (Formerly OPNAV Form 1.01.1)
STATEMENT

Place : NCIS Office, Camp Al Taciaddum, IZ 2212
Date : August 17, 2004

I, ake the following free and voluntary statement to
_
whom I know to be a Representative of the United States Naval Criminal Investigative Service. I make this statement of my own free will and without any threats made to me or promises extended. I fully understand that this statement is given concerning my knowledge of suspected detainee abuse.1111111
For pu oses of identification, I am a .vale. abou_ches ta11,111111rounds, with _hair
and_yes. I was born on OM in_. My social security number is iraralarl
am currently assigned to Medical Battalion (MedBn), Combat Service Support Group (CSSG) 15.
Prior to 11Aug04, I was assigned in Al Qaim, IZ, working as a radio operator, a litter bearer, and
security for medical casualties. I had been at Al Qaim since early March of 2004. I was reassigned to
Camp Al Taqaddum after an incident of photographing an Enemy Prisoner of War (EPW)/Detainee on
09Aug04.111111.

OIn my duties as a guard for EPWs, I have been tau t to always maintain my weapon pointed at the EPW. I was taught this by_ SMC. We are also supposed maintain our weapons in Condition 3. A Condition 3 weapon has a magazine inserted, the bolt foLyial on an empty chamber, ejection port cover closed, and the weapon on safe. A Condition 4 weapois no magazine inserted, the bolt forward on an empty chamber, ejection port cover closed, and the weapon on safe. I did not receive any written or formal training on how EPWs are supposed to be handled and watched. Prior to getting to Iraq,_Laught a class on searching an EPW. The class included muzzle awareness of the Marine covering the EPW, how to search an EPW's clothing, and how to restrain and EPW if needed. The class lasted about fifteen minutes. slip
While I was assigned at Al Qaim, I have posed for photographs while aiming a weapon at an EPW on
two occasions. During July of 2004, the first occasion I posed for a photograph occurred. An EPW was
in the evacuation tent at Al aim and I was assigned as a guard for him. I had my digital camera with
me and I gave it to_ , USN, and asked him to take a picture of me guarding the
EPW. My digital camera is a Olympus Stylus 300 digital camera. In the picture, I was pointing my
M16 at the EPW. The butt stock of the rifle was in the area of my right shoulder. For some reason, I
remember having my weapon in Condition 4 during this piture. I4pwais,startiengpetlyieenmthe EPW anti

door. I was about three feet away from the EPW. I was standing at about Chest level to tlie s'iVit of° imir the EPW.11111.11111111ROoliii
ie hotograph of me. He thedgave my camera back to me and I put the camera in my cargo pocket.
The second incident of me osing for photographs over an EPW was on 09Aug04. I was guarding an EPW wi_ MC in resuscitation tent. I had my digital camera with me. The other eo le in the tent were _ and and_were monitoring the EPW's vital signs. I asked _ to take a picture of me with the EPW. He took three pictures of the EPW and me.-The EPW was unconscious. I stood between the EPW and the door about three feet away from the EPW. I was at about shoulde
. Pane 1 of 3 (11
.
NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/04-81)
NOV00047
DODDON-000449
3ntinuation of voluntarysworn statei ..of SMCIMILAMIr on August 17, 200,11111. • IMP level with the EPW and to his right. I think in two of the photographs, the butt stock of my M 16 was at
my side and in the other photograph, the butt stock was in my shoulder. I was pointing my M 16 at the EPW. My weapon was in Condition 3. In one of he photographs, I flipped my middle finger at the EPW. After the three ictures,. ave me back my camera. I then took on photograph
of.and the EPW.. was in about the same position I was in his photograph. I do not remember where the butt stock of his M16 was located, but I know his weapon was pointed at the EPW. so had a Condition 3 weapon. When we took the pictures, no one in the tent said anything to us. After taking the pictures, I put the camera down on top of a box. A few minutes later, MIIMMIMR, USN, asked something to the effect of "where's the camera." I pointed at my camera on the box and he grabbed my camera. .old me to go into the patient unloading tent. I did as he told me. As I was leaving the resuscitation
1111111.also told me I was going to get charged. He said, "write him up." um
um When I was in the patient unloading tent, .USN, asked me for identification information. Something was printed out, but I do not know what it was. I did not sign anything on 09Aug04. mop
'During the treatment of the EPW on 09Aug04, several individuals were making comments to the EPW. .USN, told the EPW to "shut the fuck up" when the EPW moaned. USN, made a joke about the EPW forgetting about the anti-mortar. .USN, related he did not want to work on the EPW because the sup lies should be saved for Marines. He did not say this in front of the EPW; he was in another tent . elated she wanted to know how to
t et
say "die Iraqi die" in Arabic. She said this in another tent away from the EPW. 11111.
opDuring my time at Al Qaim, I photographed and video taped many incidents involving patients. This
included EPWs. It was a common practice and many other people would use cameras and record
thin s that were happening. Individuals I observed photographing or video-taping includellni

SN. a navy officer from the Battalion Aid Station (BAS). He is a very tall and thin black male.USMC, the camp commandant has photographed an EPW
USN, has photographed medical procedures. If I was not a litter bearer, I would video­tape the landing of the evacuation helicopters, the off loading of the patients, and their transport to the medical facility. I would video-tape the search procedures for EPW patients. I would go into the medical tent and video tape some of the procedures. The navy officer from BAS asked me to copy a tape for him. I told him I did not have the equipment to copy the tape for him. A few other individuals have asked me for copies as well, but since I do not have the proper equipment, no copies have been made. A few months ago, during one night, I was video-taping an incident going on and someone told me to stop recording the incident. I stopped my camera. EIRE
a
bout two weeks before 09Aug04. I was video-taping the doctors working on an EPW in the
resuscitation tent..told me to stop recording the procedure. He also told me to record
over what I had just recorded. I did as.in.and recorded over the procedure on

the EPW. The next morning during a formation.told the formation there would be no more filming or photographing of EPWs. I do not know i was present dining this formation. Even afterMIIIIIMWassed this information, people from various units were still
taking pictures of medical procedures...
Page 2 of 3
NCIS 5580/26 (1/2001) .

(Formerly NCISFORM 016/04-81)
•3
it /
NOV00048
3ntinuation of voluntary sworn staten .of SMC on August 17, 200Vor
During July of 2004, I began having problems with .over minor things. 1 would do little annoying things and then be threatened with ridiculously large amounts of working parties and extra military instruction (EMI). Some of the things I got in trouble for were skateboarding in the tent and drinking a Diet Coke that was in the refrigerator. Generally, the sodas are marked with someone's name. This Diet Coke did not have a name on it.111/1111Masked me if I drank the Diet Coke and I told him I had drunk it.11111011111111111hreatened me with a working arty and told me to get him another cold Diet Coke one way or another. I got him a Diet Coke. . ad gotten a skateboard. Several of us rode the skateboard in the tent. After I rode the skateboard in the tentlis.
111111111ame up to me and told me if I ride the skateboard in the tent again he will give me three weeks of EMI. A few days later, I was in the tent and bored .
.ras using his computer. I stood on his skateboard and told him I was getting good at gaining speed while riding the skateboard. I did not go anywhere on the skateboard in the tent. I simply stood on the skateboard. About ten minutes later, .cane.d I over to him..old me I had three weeks of EMI. I tried to tell him I was onl standing on the skateboard and not nding it.
old me I was dismissed. I left and.stayed and talked to him.",
en came to me and asked what happened. I told him..then went back to A few minutes later, alliEllircameout and told me not to worry about the EMI. As problems with.ounted, things also became more difficult with/Mr
and.are buddies. The incidents of me getting into trouble for filming things did not start until after problems developed with IIIIMERw Also, it seemed as though. as disappointed. as involved in taking and posing for pictures on 09Aug04. I felt as though he wished it would have been me involved and no one else
elieve I did not do anything wrong by pointing my weapon at the EPW. I was instructed to keep a
101111weapon pointed at an EPW while on guard. However, I was wrong in posing for a picture while on duty because I was not paying proper attention during the photography. I also should not have made hand gestures in the picture with the EPW. At no time did I ever harm an EPW.111111111
"d.
10.his statement, consisting of this page and, 1 osier .was typed for me by as we discussed its contents. I have read and understand the above statement. I have been given the opportunity to make any changes or corrections I desire to make and have placed my initials over the changes or corrections. This statement is the truth to the best of my knowledge and belief. gip
Signature:. Oc ,:;?4 — 18 40c,d1-
r/
Sworn to and subscribed before me this / 14- day of /-in the year 2my at
A/c S o ffic Al7-.L
Witnessed:
ye Service"AUI IL DERIVED FROM ARTICLE 136, UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303
Page 3 of 3
NCIS 5580/26 (1/2001)

(Formerly NCISFORM 016/04-81)
NOV00049
-¦••-••••
U.S. NAVAL CRINIL,AL INVESTIGATIVE SERVICr,
REPORT OF INVESTIGATION (OPEN)

13AUGO4

SPECIAL INQUIRY (II)

CONTROL: 10AUG04-MEBJ-0337-7XMA

M/W/FNXX/N///UNKNOWN

COMMAND/CSSG-15, 1ST FSSG/42491

MADE AT/MEBJ/MANAMA BAHRAIN

.

AGENT

NARRATIVE

1. This investigation was initiated on 10Aug04, after
1st FSSGDM, reported that and

were

posing for photographs while holding their M-16 service rifles at

close proximity and pointed in the direction of

on 09Aug04.

Reportedly,IIIIIIIIIrwas an Enemy Prisoner of War who was receiving
medical attention at the-Shock Trauma Platoon-4 (STP-4), Camp Al-
Qaim, IZ, for a single gunshot wound to his lower back

Both

1111.MandaillEirwere assigned duties to uardck

while

he was at the STP-4 area. Attempts to locate

are being made

due to his being evacuated within hours of his arrival at Camp Al-
Qaim.

DISTRIBUTION
NCISHQ: 0023B

FOR OFFIVerSE ONLY WARNING
Page 1.LAST V2LNN THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFROAL DUDES MECNINE ACCESS
HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY'S) CONCEIVED WITHOUT sPEORC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SEFNCE,
AMMEMM
NOVO 0 0 5 0

U.S. NAVAL CRIMII L. INVESTIGATIVE SERVICE
REPORT OF'INVESTIGATION (CLOSED)

080CT04

SPECIAL INQUIRY (II) CONTROL:

10AUG04-MEBJ-0337-7XMA/C

M

COMMAND/CSSG-15, 1ST FSSG/42491

MADE AT/MEBJ/CAMP AL TAQADDUM IZairallrallir SPECIAL AGENT

REFERENCE(S)

(A) NCISFO Middle East Bahrain ROI (INTERIM)/07SEPO4 (Contains
Exhibits 1-14)

EXHIBIT(S)

(15)
IA: Submission of Photographs/20Sep04...(Copy All)

(16)
11111111111(2) Fingerprint Cards and Final Disposition Sheet/
09Sep04...(Orig 0023CL)

(17)
(2) Fingerprint Cards and Final Disposition Sheet/
09Sep04...(Orig 0023CL)

EXECUTIVE SUMMARY --

1. This investigation was initiated on 10Aug04 after
1st Force Service Support
Camp Al Ta ddum, IZ, reported
and
ere posing for photographs while holding their

service rifles at close proximi
Civilian, on 09Aug04.

as an Enemy Prisoner of
War (EPW) receiving medical attention at the Shock Trauma Platoon-4
(STP-4), Camp Al Qaim, IZ, for a single gunshot wound to his lower
back area.

2. and

were assigned to guard 1111=1.while
was in the STP-4 area. The camera used to photograph
and

was seized by command and delivered
to NCIS. Interviews of the STP-4 personnel were conducted concerning
the incident. and

were searched and evidence was

collected. and

oth provided signed sworn
statements admitting they took the photographs in question. Attempts
to locate

were unsuccessful due to operational obstacles in
the Operation Iraqi Freedom II combat theater.

NARRATIVE

1. On about 16Sep04,11111Rand1111111111111Wwent to Non-Judicial
Punishment for violation of Article 92 (Failure to Obey a Lawful

FOR OFFIORE ONLY
WARNING
Page 1. THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL MNESTMAT1YE SERVICE
CONTBITS MAY BE DISCLOSED ONLY TO PERSON.. VAIOSE OFFICIAL DUTIES FLEOLARE ACCESS
HERETO. CONTENTS MAY NOTE DISCLOSED TO THE PARTY(S) CONCEIVED %WHOM ECIC
ALITHCRLZATION FROM VE NAVAL. CRIMINAL INVESTIGATIVE SERVICE.
NOV00051
SUBJ: 111011~11,111111111100111111.

U.S. NAVAL CRIMI1 a- INVESTIGATIVE SERVICE
Order) of the Uniform Code of Military Justice at Battalion level.

Both received a reduction of rank to E-2, forfeiture of $250.00 per

month for two months and 60 days restriction. The $250.00 for one

month and 60 days restriction was suspended for six months.

2. Photographs ofIIIIIIIIrandIIIIIIIIII1Pare being forwarded for
inclusion in the NCISHQ master file; Exhibit (15) pertains. Criminal
fingerprint cards forlIMPndlillinipare being submitted for
processing. This investigation is closed.

ACTION
23CL: Fingerprint cards for -and re forwarded as
exhibits (16) and (17) for processing.

DISTRIBUTION__
NCISHQ: 0023B(M)
ACTION: 0023CL (M)
INFO: 0029/MEBJ (M)

FOR OFFIROIME ONLY WARNING
Page 2_LAST riff V2 LNY THIS DOCUMENT. IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY BE DISCXDSED ONLY TO PERSONS WHOSE OFFICIAL CUBES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERTED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE seRvice.
NOV00052
DODDON-000454
U.S. NAVAL CRIMII .L INVESTIGATIVE SERVICE
INVESTIGATIVE ACTION

20SEPO4

CONTROL:

10AUG04-MEBJ-0037-7XMA

SUBMISSION OF PHOTOGRAPHS

. On 21Sep04, Reporting Agent entered the photographs of
and
both of 1st Medical Battalion, Combat Service
Support Group-15, and amended them enclosures (A) through (D).

2. For background, on 09Aug04,

and41111111111, were

discovered posing for photographs while guarding an Enemy Prisoner of

War,

ENCLOSURE(S)

(A)
Photograph of

Front View/Not Dated

(B)
Photograph of c-

Right Profile/Not Dated

(C)
Photograph of

Front View/Not Dated

(D)
Photograph of

-Right Profile/Not Dated

REPORTED BY:

Special Agent
OFFICE: MEBJ Camp Al Taqaddum, IZ

FOR OFF_USE ONLY
WARNING Page 1 LAST UM V2 LNY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE
SERVICE
CONTENTS MAY BE DISCLOSED PLY TO PERSONS WhIDGE OFFICIAL DUKES REGIME ACCESS 9F-RETO. CONTENTS MAY NOT BE DISCLOSED TO ThE PARTY= CCNCEINGED INITNOUT SPECIFIC
AUTHOREZATION FROM TIE NAVAL aamamm. INVESTIGATIVE SEAMS
TYTTT i
NOV00053
DODDON-000455
NAV/-. CRIMINAL INVESTIGATIVE SERVICE DELETED PAGE INFORMATION SHEET
Pace(s)
withheld entirely at this location. One or more of following explain this de Brion.


V(Deleted under exemption(s)
Documents orieinated with other government agency(ies). Referred for review
and direct response to you.
Pages contain information furnished by other government azency(ies) Vie will advise you of releasability of information following consultation with
agency(ies).
Comments:
DELETED PAGE(S) NO DUPLICATION FEE
-FOR THIS PAGE
NOV00054
DODDON-000456
U.S. NAVAL_I tSTIGATIVE SERVICE EY ...,CE CUSTODY DOCUMENT
CODE CONTROL
LOG NUMBER DATE AND TIME OF_E1ZURE
/VEST i oi.91/Cov-/./g :)-- 0337- 7tmA \,_wt__ , ,..‘ /2_04,_. 01/41 /oaS
NAME OF P w_PERTY SEI ZED LOCATION WHERE PROPERTY SEIZED _.
CS sG- IS C A ",/? AL 1.-a %-k‘N)LA r•-¦
ITEM DUAN• DISPOSAL DESCRIPTIO OF A UMBER. SERIAL NUMBER. IDENTIFYING MARKS, CONDITION. AND TITY ACTION VALUE WHEN APPROPRIATE..
6; 1-,-,_ i, e\(..),)„. .4--1„. c._ \..,, .5 , ..,....)4-eq , ,-..' ' ....5 Q) o 1
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CLA v-....1.-../ CA.-, th5T 72-: T-CY'l
. 0(1
NAME AND SIGNATURE OF WITNESS (IF AVAILABLE)_ NAME AND SIGNATURE OF RECEIVIN
- CHAIN 0
ITEM DATE & TIME RELEASED BY RECEIVED BY PURPOSE
NAME NAME
RA 0509 ORGANIZATION ---k /..,/".5 .-b (c, c C. ORGANIZATION k ....) 1
ilto0 k1 C67 --
E: c SIG A ci i.., o lacy Je..), )/.4,4 SIGNATURE

NA
3 1 A,..c,-1 1 ewyo.S I-r 6
ORGANIZAT 1dN
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co INver c)-)01,./ .74c(r--,-1-fce 9
'
CR OO SIG NATURE/ Sjilliar'
'4-NAME 31.°10136(/
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ORGANIZATION
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juliffir
SIGMA_RE
ie/4-01V / Y 0 50S us
NAME
ORGANIZATION ORGANIZATION
SIGNATURE SIGNATURE
CHAIN OF CUSTODY CONTINUED ON REVERSE
0 s 05-L F.800411120
NOV00055
DODDON-000457

LAIN OF CUSTODY (Contiti_4(1)

DATE 6
ITEM
TIME
REMARKS
RELEASED BY
MAME
ORGANI ZATION
SIGNATURE
NAME
ORGANIZATION
SIGNATURE
MAME
ORGANIZATION
SIGNATURE
RECEIVED BY
PU RPOSE
NAME
ORGANIZATION
SIGNATURE
NAME
ORGANIZATION
SIGNATURE
NAME
ORGANIZATION
SIGNATURE
FINAL DISPOSAL ACTION

FINAL DISPOSAL AUTHORITY
NAME 'PRINTED)
NAMIC/TITLE _IZATION
PERSON(S) RECEIVING ITEM(S)/WITNEWNG DESTRUCTION
MANE _ STATION_ SI _ /DATE
1.

2.

3.

4.

NAY ¦ E CONTINUED IN _ IF
INDICATE IN DISPOSAL ACTION COLUMN (ON FRONT) BY NUMBER AND LETTER CODE PERSON(S) RECEIVING OR WITNESSING ACTION AND TYPE OF ACTION. RETURNED TO INDIVIDUAL OWNER (I), RETURNED TO COMMAND (C), TURNED INTO SUPPLY (S), TO ANOTHER AGENCY (A). TO NIS (N). DESTROYED (CI), OTHER METHOD (M) (EXPLAIN IN REMARKS ABOVE).
MIS Form 5520/Ill 00/74 RACE
NOV00056
DODDON-000458

U.S NAVAL ,viSTIGATIVE SERVICE Et ‘..,-CE CUSTODY DOCUMEN'
CODE CONTROL
LOG NUMBER DATE AND TIME OF, SEIZURE
41 67 I /DA-04-Meer-r\337-7)cem I ¦ 49- oL.k / 740L-,; o IS LI O
NAME OF PERSON FR LOCATION WHERE PROPERTY SEIZED
-7-
u
C
TICLE - MODEL NUMBER. SERIAL NUMBER. IDENTIFYING MARKS, CONDITION, ANCACTION VALUE WHEN. APPROPRIATE.
(las+,L. gyk 19Q5 co,,,;--qi-) ,-5 6)
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(ord s
, A c, 6-(,) ,.¦ ,30,AAV-v 3 c 9 ) o__?,
LA ST '27 T CPI-1
NAME AND SIGNATURE OF WITNESS (IF AVAILABLE)
NAME AND SI
CHAIN OF
DATE RELEASED BY
TIME RECEIVED BY PURPOSE
NAME
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77,4„,,, 5 )6( a -0
ORGANIZATION --
ORGANIZATICN
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C ,-//c_4-)c
ORGANIZATION
ORGANIZATION
SIGNATURE
SIGNATURE
NIS FORM SS20/118 (NEW 10/72)
CHAIN OF CUSTODY CONTINUED ON REVERSE
01 OS- L P.800-11520
NOV00057
DODDON-000459

C_.tIN JF CUSTODY (Contin_J)

.
DATE 6_ PURPOSE
RELEASED BY RECEIVED BY
ITEM T !ME
NAME NAME
ORGAMI ZAT ION ORGANIZATION
SIGNATURE SIGNATURE
NAME NAME
ORGANIZATION ORGANIZATION
SIGNATURE SIGNATURE
NAME NAME
ORGANIZATION ORGANIZATION
SI GNATURE SIGNATURE
REMARKS

FINAL DISPOSAL ACTION
FINAL DISPOSAL AUTHORITY
RANK/TITLE _(RATIONNAME (PRINTED)_
PERSON(S) RECEIVING ITEM(S)/WITNESSING DESTRUCTION
_*WIWI_ el_ /DATE
NAME
1.

2.

..
3.

4.

MAT RE CONTINUED IN _ IP _
INDICATE IN DISPOSAL ACTION COLUMN (ON FRONT) BY NUMBER AND LETTER CODE PERSON(S) RECEIVING OR WITNESSING ACTION AND TYPE OF ACTION. RETURNED TO INDIVIDUAL OWNER (I). RETURNED TO COMMAND (C). TURNED INTO SUPPLY (S), TO ANOTHER AGENCY (A), TO NIS (N), DESTROYED (D). OTHER METHOD (M) (EXPLAIN IN REMARKS ABOVE).
was roar 5520/Its (24/72) RACK
NOV00058
go.
DODDON-000460

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DODDON-000464
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NOV00064
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NOV00068
Ale
DODDON-000470

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NOV00071
DODDON-000473

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NAVAL CRIMINAL INVESTIGATIVE SERVICE
DELETED PAGE INFORMATION SHEET

Pages) 3 3—
withheld entirely at this location_ One or more of following explain this deletion.

I.1 Deleted under exemption(s)
Documents originated with other government azency(ies). Referred for review

and direct response to you.
Pages contain information furnished by other government azency(ies) We will

advise you of

releasabiliry of information following consultation with
agency(ies).
DELETED PAGE(S)
NO DUPLICATION FEE
FOR THIS PAGE

From: MTACLE [MTACLE@NCIS.NAVY.MIL]
Sent:

Friday October 08, 2004 1:53 PM
To: ,

Subject: RE: Clearance
DCII

h Results for:
SSN: me:
DOB: // SB: CB: LL: 75 FL: 75

Original
From:

mailto:11111111111Flfssgdm.usmc.milj

Sent: Friday, October 08, 2004 6:27 AM
To: 'MTACLE@NCIS.NAVY.MIL '
Subject: Clearance

Good Morning,

I am currently running a special inquiry case here in Igaq. I need a query
run on the following individual to determine if they possess a security

clearance.
The service member's information follows:

111111111'
Your attention to this matter is appreciated.

V/R

Special Agent, Naval Criminal Investigative Service

Camp Al Taqaddum, IZ
DSN: 302-362-0144

NOV0 0 0 82
NAVt CRIMINAL INVESTIGATIVL SERVICE
DELETED PAGE INFORMATION SHEET

Page(s)
withheld entirely at this location. One or more of following explain this deletion.

Deleted under exemption(s)
Documents originated with other government azency(ies). Referred
and direct response to you. for review Pages contain information furnished by other government azency(ies). W
advise you of releasabilir. e will
y of information following: consultation with
agency(ie.$).
DELETED PAGE(S) NO DUPLICATION FEE
-FOR THIS PAGE
NOV00083
DODDON-000485
Affidav;' "lr Search Authorization
Naval Criminal Investigative service
UNITED STATES OF AMERICA
VS.

_
BEFORE the USMC
The un ersi_being duly sworn, requests authority to search:
person, living area and personal property located aboard Camp Al Taqaddum. IZ, to include any digital, tape and/or film recording devices; any personal and/or government computer equipment to include all accessories/devices and electronic/physical information and/or materials.
Believing that there is now being concealed certain pro ertv namel :
Physical and/or electronic photographic evidence containin . and other military personnel posing in threatening and degrading postures with Enemy Prisoners of War (EPW)/Detainees.
The request for authorization to search and seize is made in connection with an investigation into the offense(s) of
Disobeying a Lawful Order/Deriliction of Duty by taking and/or posing for improper photographs with EPW/Detainees.
The facts and circumstances known to me tending to establish the foregoing grounds for
authorization to search and seize, including comments demonstrating the reliability of the
information_ are as follows:
According to. , prior to 09Aug04, he instructed the members of I stMedBn,

FSSG, Camp Al-Qaim, IZ:not to take photographs of EPW/Detainees. Cjatinued on Page 2.
Signature of Affiant Repre aval Criminal Investigative Service
Sworn to before me, and subscribed in my presence, this 17
. Page 1 of•t-,. NCIS 5580/1 (1/2001) (Formerly NCISFORM 023/08-92)
NOV00084
DODDON-000486
Page 2 of Affidavit for Search Authorization in the case ofilINIMINIMMI
After interviewing several witnesses who provided signed. sworn statements. I have
determined that on 09Aug04, while standing guard over an EPW/Detainee patient IIIIIIIIIrphotographed and/or posed for photographs while aiming an M l 6 service
rifle at the EPW/Detainee in the treatment/resuscitation tent, Camp Al Qaim,
ad reviously been advised not to take photographs of EPW/Detainees. On
13Aug04,. USN, was interviewed and related that about two
weeks prior to 09Aug04, he borrowed . "external hard drive-, with
permission, to copy and save various photographspossessed by
While reviewing the multitude ofphotographs on
photograph containing the image of. USMC, as he was standing with an M-16 rifle aimed at a EPW/Detainee patient. I believe that image and other images of EPW/Detainees would be saved on the personal computer and/or accessories to include information storage devices and the digital camera of
I have over twenty years of law enforcement experience. I have been a Military Policeman and a Criminal Investigator for the United States Marine Corps. I am currently assigned as a Special Agent with the Naval Criminal Investigative Service where I have worked for the past six years. Based on my experiences, I believe there to be other items and/or materials of evidentiary value maintained withi . personal property.
i
Search Authorization
Commanu Authorization for Search and Seizure
UNITED STATES OF AMERICA
VS.

TO: Special Agent1111.111111111.Naval Criminal Investigative Service
Affidavit(s) having been made before me by Special Agent
That there is reason to believe that on the rson of and/or on the premises known as:
and his property maintained within Iraq,

which is/are under my jurisdiction,
there is now being concealed certain property, namely:
photographic documentation of unauthorized photography of Enemy Prisoner of War (EPW)/Detainees.
I am satisfied that there is probable cause to believe that the property so described is being concealed on the person and/or premises above described and that grounds for application for issuance of a command authorized search exist as stated in the supporting affidavit(s).
YOU ARE HEREBY AUTHORIZED TO SEARCH the person and/or place named for the property specified and if the property is foind there to seize it, leaving a copy of this authorization and receipt for the property taken. You will provide a signed receipt to this command, containing a full description of every item seized.
Any assistance desired in conducting this search will be furnished by this command.
Dated this 17th day of August, 2004.
Sign
Rank ervice, Title
Css6./r, Fss6
Command
Page 1 of 1
NCIS 5580/7 (2/1999) (Formerly NCISFORM 024/08-92)
NOV00086

Affidav: --r Search Authorization
Naval Criminal Investigative ,ervice
UNITED STATES OF AMERICA
VS.

BEFORE the
The undersianed, being duly sworn, requests authority to search:
ersonal "Olympus" digital camera that was seized from him by
USN, on 09Aug04.

Believing that there is now being concealed certain pro ertv namely:
Physical and/or electronic photographic evidence containin .nd other military personnel posing in threatening and degrading postures with Enemy Prisoners of War (EPW)/Detainees.
The request for authorization to search and seize is made in connection with an investigation
into the offense(s) of :
Disobeying a Lawful Order/Deriliction of Duty by taking and/or posing for improper photographs with EPW/Detainees.
The facts and circumstances known to me tending to establish the foregoing grounds for authorization to search and seize, including comments demonstrating the reliability of the information and/or informant, are as follows:
Accordin to. e seizedIMMIramera under on 09Aug04, subsequent to learning.as mg p otographs of an EPW/Detainee.ued on Page 2.
Signature of Affiant Repre.riminal Investigative Service
Sworn to before me, and subscribed in my presence, this 17th .2004.
Signatu. s ering Oath
Rank, Service, Title
. Page 1 100.
NCIS 5580/1 (1/2001)
(Formerly NCISFORM 023/08-92)
NOVO 0 0 87
Page 2 of Affidavit for Search Authorization in the case of111.11111111111.1.
After interviewing several witnesses who have provided signed, sworn statements. I have determined that on 09Aug04, while standing guard over an EPW/Detainee patientarlif 1.111111rphotographed and/or posed for photographs while aiming an M 16 service rifle at the EPW/Detainee in the treatment/resuscittion tent, Camp Al Qaim, IZ. According to two persons within his supervisory chain of command, _ad previously been counseled and ordered not take photographs of EPW/Detainees. Two other witnesses who were located in the tent at the time of the photograph related they witnessedIIIIINNIFtake a photograph with his camera_ All witnesses interviewed
IC
related they observed a camera flash. The witnesses were in positions at different periods of time within a few minutes on 09Aug04. I believe several images of EPW/Detainees are likely to be stored on the digital camera belonging tc1111111111, The camera is now in the temporary storage of NCIS for potential evidentiary value and safe keeping.
I have over twenty years of law enforcement experience. I have been a Military Policeman and a Criminal Investigator for the United States Marine Corps. I am currently assigned as a Special Agent with the Naval Criminal Investigative Service where I have worked for the past six years. Based on my experiences, I believe there to be other items and/or materials of evidentiary value maintained within _ ersonal property.
Search Authorization
Command Authorization for Search and Seizure
UNITED STATES OF AMERICA
VS.

TO: Special Agem1111.1111111111Naval Criminal Investigative Service
Affidavit(s) having been made before me by Special Agent
That there is reason to believe that on the person of and/or on the remises known as:
An Olympus-Stylus 300 digital camera belinging to_ currently
in the possession of NCIS evidence storage areas.

which is/are under my jurisdiction,
there is now being concealed certain property, namely:
photographic documentation of unauthorized photography of Enemy Prisoner of War (EPW)/Detainees.

I am satisfied that there is probable cause to believe that the property so described is being concealed on the person and/or premises above described and that grounds for application for issuance of a command authorized search exist as stated in the supporting affidavit(s).
YOU ARE HEREBY AUTHORIZED TO SEARCH the person and/or place named for the property specified and if the property is found there to seize it, leaving a copy of this authorization and receipt for the property taken. You will provide a signed receipt to this command, containing a full description of every item seized.
Any assistance desired in conducting this search will be furnished by this command.
Dated this 17th day of August, 2004.
-.C6*_/_17_cc
Command
Page 1 of 1
NCIS 5580/7 (2/1999).
(Formerly NCISFORM 024/08-92)
NOV00089
DODDON-000491

Doc_nid: 
2859
Doc_type_num: 
733