NCIS Report: 10AUG04-MEBJ-0337-7XMA/C

U.S NAVAL CREW' .1 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/MEBJ/CAMP AL TAQADDUM IZ11.11111., SPECIAL AGENT REFERENCE(S) (A) NCISFO Middle East Bahrain ROI (INTERIM)/075EPO4 (Contains Exhibits 1-14) EXHIBIT(S) (15) IA. Submission of Photographs/20Sep04.,(Copy All) (16) (2) Fingerprint Cards and Final Disposition Sheet/ 0023CL) (17) (2) Fingerprint, Cards and Final Disposition Sheet/ 09Sep04....(Orig 0023CL) \01 EXECUTIVE SUMMARY 1. This investigation was initiated on l.0Aug01 after SMC,_1st Force Service Support roup Deployed Marines lstESSCDM), Camp Al Tagddum, IZ, reporte USMC, and , were posing for photographs_ their service rifles at close proximit of Civilian, on 09Aug04. was an-Enemy-Prisouffr -of PW) 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 guarr_while as in the STP-4 area. The camera used to photograph 111111111111Indli1111111,was seized by command and delivered to NCIS. Interviews of the STP-4 ersonnel were conducted concerning the incident. and_were searched and evidence was collected. and_both provided signed sworn statements admitting they took the photographs in question. Attempts to locatell1111111,were unsuccessful due to operational obstacles in the Operation Iraqi Freedom II combat theater. NARRATIVE 1. On about 16Sep04,111111tan_went to Non-Judicial Punishment for violation o rtic e 92 (Failure to Obey a Lawful WARNING FOR OF IAL USE ONLY This OOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESMATtVE SERVICE Page 1 CIWIENTS MAY BE ENSCLO$E0 ONLY EO PERSONS WHOSE OFFICIAL DUTIES RECURS ACCESS HERETO. CONTENTS MAY NOT BE DiSCLIMO TO TNN PARTYESI CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE . 11010)--eici (: SUEZ: U.S. NAVAL CR .11, 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 offinjarand=giffare being forwarded for inclusion in the NCISHQ master file; Exhibit (15) pertains. Criminal fingerprint cards for_an_are being submitted for processing. This investigation is closed. ACTION _ 23CL: Fingerprint cards for_an are forwarded as exhibits (16) and (17) for processing. DISTRIBUTION NCISHO: 00235(M) ACTION: 0023CL (M) INFO:_ 0029/MEBJ (M) FOR OFFIE ONLY Page 2.LAST 1111f V2 LNY WARNING THIS OOCOMENT IS THE PROPERTY OF "THF NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY FE DISCLOSED ONLY TO PEDEONE WHOSE ()FACIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY 1401 BE OISELOSED TO THE PARTYIS1 COhCERNED maliOLIT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTMATIVE SERV/CE, U.S NAVAL CRIM ALL INVESTIGATIVE SERVI1 _ 20SEPO4 CONTROL: 10AUG04-MEBJ-0037-7XMA INVESTIGATIVE ACTION SUBMISSION OF PHOTOGRAPHS 1. On 21Sep04, Reporting Agent entered the photographs o 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, 1111111rand111111111111Lere discovered posing for photographs while guarding an Enemy Prisoner of War, 1.111.111MIN ENCLOSURE(S) (A) Photograph o Front View/Not Dated (B) Photograph of Ri=ht Profile/Not Dated (C) Photograph o Front View/Not Dated (D) Photograph of Right Profile/Not Dated REPORTED BY:_Special Agent OFFICE:_J amp Al Tagaddum, I2 FOR OFF" L USE ONLY Page 1.LAST V2 LNY WARNING THIS OOCUMEUT IS YHE PROPERTY OF THE NAVAI., cnimtrod. INVESTIGATIVE SERVICE CONTENTS MAY SE aism..oseo ONLY TO PERSONS WHOSE GENOA, MINES NEW% ACCESS HERETO.. CONTENTS MAY NOT SE DISCLOSES TO THE PARMSI CONCERNED WITHERS' SPECIFIC 77- / (,)c.M ANTHORIZATkON FROM THE NAVAL CRIMINAL INVESTIGATIVE SOINICE_ U.S. NAVAL CRIM IL INVESTIGATIVE SERVP _ REPORT OF INVESTIGATION (INTERIM) 07SEPO4 _ SPECIAL INQUIRY (II) CONTROL: 10AUG04-MEBJ-0337-7XMA M/W/FNXX/N///UNKNOWN COMMAND/CSSG-15, 1ST FSSG/42491 MADE AT/MEBJ/MANAMA BAHRAININIIIMM SPECIAL AGENT EXHIBIT(S) (1) Statement of_OSN/12Aug04...(Copy All) (2) Statement of_SN/12Aug04.-.(Copy All) (3) Statement of_USN/13Aug04...(Copy All) (4) Statement o USN/13Au 04.. (Co y=) (5) IA: Results of Interview of 07Sep04... (Copy All) (6) IA: Results of Interview of1111111111111111111r USMC/ 07Sep04...(Copy All) (7) IA: Acquisition of Sketches/06Sep04...(Copy All) (8) IA: Seizure of Evidence and_Results of Searoh/O6Sep04...(Copy All) (9) IA: Results of Search of111111111111111111111111111111111 usmci 111 06Sep04...(Copy All) (10) IA; Results of Search ofillIMMINIMMINIFUSMC/ 01Sep04...(Copy All) (11)Military Suspect's Acknowledgement and Cleansing Waiver of Rights for_7Au 04...(Copy All) (12) Statement of OSMC/17Aug04...(Copy All) (13)Military Sus eet's Acknowledgement and Cleansing Waiver of Rights for._Au D4...(Copy All) (14) Statement of USMO/17Aug04...(Copy All) EXECUTIVE SUMMARY 1_ 'nvestigation was initiated on 10Aug04, afterMEIRIM USMC,_1st Force Service Support Group Deployed Marines_, amp Al Taqaddum, IZ, reported and_were posing for photographs while holding their N-16 service rifles at close proximity of IIIIIIIIron 09Aug04. WMwas an Enemy Prisoner of War (EPW) receiving medical attention at the Shock Trauma Platoon 4 (STP-4), Cam Al-Qaim, IZ, for a single gunshot wound to his lower back area._and IIIIIIIIIIIrwere assigned duties to guardian, 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 concernin this incident. Searches were conducted of_and and evidence was collected._a d_ere interrogated a d provided statements admitting to taking the WARNING FOR OFF! L USE ONLY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL, CRIMINAL INVESTIGATIVE SERVICE Page 1 CONTENTS MAY BE OLSCLOSECI ONLY TO PERSONS 'AN-LOSE 0 PHciAL atmEs REQUIRE ACCESS HERETO. CONTENTS MAY ROT YE CgSCLOSE0 TO THE PARTY4Sk CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE IFAVAL CRIMINAL INVESTIGATIVE SERVIC/. SUBJ. nt'c USMC U.S. NAVAL CREW. 4..1„ INVESTIGATIVE SERVI' photographs. Attempts to locate were unsuccessful due to operational obstacles in the Ope on Iraqi Freedom II combat theater. NARRATIVE 1. This investigation is being conducted pursuant a suspected violation of Article 92 (Disobeying a lawful order) and Article 128 (Assault) of the Uniform Code of Military Justice. 2. This investigation was initiated on 10Aug04, after inglignal reportedMilrandIMMIffwere posing for photographs while holding their M-16 service rifles at close proximity of 11111111ron 09Aug04.111111111pas 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. ancilEMInwera assigned duties to guard111111111rwhile he was at the STP-4 area. 3. On 12Aug04, =_ U N, was interviewed and provided a sworn statement. reIatedIIIIIIIIIIIIIII,USN, came to him on 09Aug04, and informed him she thought some of the marines were photographing a detainee patient. umiumwent to the tent and saw and in the tent as the guards related he was talking to hen coked 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 e 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. _ related 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 answerednin.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 . s related on 09Aug04, during the treatment of ace the butt of his rifle in his shoulder. asked hat he was doing and then he saw a flash of light he believed was from a camera. related came into the tent and took the camera Exhibit (3) pertains. _ 6. On 13Aug04, USN, was interviewed and provided a sworn s atement._elated on 09Aug04, while checking the vital s igns of_exposed a photograph of related he saw a flash of light and saw utting a camera down. Then he saw_with his rifle WARNING FOR OFFIC ONLY THIS DOCUMENT IS THE PROPERTY OF THE NAVAL celmmAL INVESTIGATIVE SERVICE Page 2 CONTENTS MAY 9E oiSCLOSE0 ONLY TO PERSORS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DIStLOSTO TO THE PARTYISI CONCTRNED WITHOUT SFEL , FIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. SUBJ. : USMC U.S. NAVAL CR INVESTIGATIVE SERVI raised and pointed in the direction of_Exhibit (4) pertains. 7. On 12Aug04,111MMEEIr, USN, was interviewed. A sworn statement was not obtained due to operational commitments of related a policy was in place at Camp Al-QAIM -not allowing the photographing of EPWs._related_as verball counseled on this matter and also present during a formation when_again reinforced the "no photography" policy. Exhibit (5) pertains. 8. On 13Aug04, 11111MMINW USMC, was interviewed. A sworn statement was not obtained due to operational commitments o MEW related on 09Aug04,Mar and_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 fromMilff and_Exhibit {7} pertains. 10. On 12Aug04, the camera_took from illingas 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 17AUg0.4,211111.granted permission for the search of the camera. During the search, three images of_and one image o were discovered. The images depict both_and 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, 111111111ras requested to grant permission for a search of his person and property; however,1111111116eclined to grant p.=,rmission On 11Aug04,1111111rwas 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 evidentiary value was discovered on these items and_they_were returned to_During the interrogation of 11111111111,he related he also owned a computer hard The hard drive was seized as evidence. At the request of_the hard drive was not immediately sent to. the NCISFO Bahrain Evidence Repositor . During the review of the hard drive a photographic image of_pointing a pistol at an unidentified EFW was WARNING FOR OFFIC E ONLY THIS DOCUMENT IS THe PROPERTY OF THE NAVAL CRIMINAL INVeST1GAT1VE SERVICE Page 3 CONSENTS MAT NE DISCLOSED ONLY TO PERSONS WHOSE OFFICkALDIJTIES REQUIRE ACCESS HEPETo catsTENTs mAV NOT SE DISCLOSE* TO THE PAFITY;S) COLFCCANED voTHOUT SPECT NC. ALLTHENR2ATI0II FROM THE NAVAL CRIMINAL INVkSTIDATIVE SEEMCE SOBJ:_ USMC U.S. NAVAL CRIM _Oil, INVESTIGATIVE 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 MMIlige USMC, (NFI), told_e should probabl not be filming the EPWs, but since he got away with it,_wanted 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/W H He also admitted to photographing_while he pointed his weapon at related he did not know about the policy pro _ the photographing of EPWs.IIIIIIIIII,related he posed for a different photograph while pointing a weapon at an E. He also related pointing a wea on at an_ was in compliance with training provided by did not realize photographing EPWs was a problem, especially sincesmillir requested a copy of the video he had taken of the transporting of EPWs. Exhibits (11) and (12) pertain. 14. On 17Aug04,_was interrogated and admitted to posing for photo ra hs while pointing his weapon and making hand gestures at flailitrelated he was aware of the policy prohibiting the photographing of EPWs.11111111,related11111111111,provided training pertaining to the aiming of keeping a weapon aimed at EPWs. Exhibits (13) and (14) pertain. 15. On 07Scp04,_USMC, Sergeant Major, CSSG-15, was apprised of the results of this investigation. This investigation is pending the administrative/judicial action against_and 11111111111 PARTICIPANTsommommor 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) FOR OFF1C Page 4.Si ONLY V2 LNY WARNING THIS DOCUMENT IS THE PROPERTY OE THE NAVAL. CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY ES DisttOSED MAY TO PERS014S WHOSE arhom. EI. UES REOLARE ACCESS • HERETO, CONTENTS MAY NOT ES OSCLOSLO TO THE PARTY/S1 COtizERPIED WITHOUT SFEVEIC ALTTEORIZATION FROM THE NAVAL CRIMINAL 04VESTIGATIVE SERVIO- STATEMENT Place : COC Building, Camp Al-Oaim, Z Date : August 12, 2004 ake the following free and voluntary statement to Special Agent ant whom I know to be a Representative of the United States Naval Criminal Investigative Service. l 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. ("For identification purposes, I am ale standing abounches tall and weighing about' pounds. T have air an I was born on in and my social security number is am assigned to Naval Medical Center Balboa, San Diego, CA, but I am currently attached to st Medical Battalion, 1 $' Force Service Support Group, Camp Al-Qaim, Iraq. IN Ity knowledge of this incident began around the second week ofJul0 4., here at Camp Al-Qaim. On 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 1 believ duty was to be a litter-bearer and assist with takin the patient from the helicopter. As the patient was being search is when I observed actions. I approached1.11111111.and 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 of and didn't think anything else of the matter.M 'About a week later at night, I was in the treatment tent and observedleMlirvith 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 .pot, again,talce_anypi.aures 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 counseledONONNIrI 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 hoto raph talcin 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 as in the formation. I know he was because I specifically remember • breaking eye contact and looking towards the deck as I looked at him during my remember ) Page 1 of 3 NCIS 5580126 (1/2001) (Formerly NCISFDR114 016/04-81) 2ontinuation of voluntary sworn staff it of MilliME111111111 on August 12, 2004 sit know thatEn1.1111111111117uSN, who is our was aware of this because he observed me counseling about the video camera the ight before and we discussed the information to be passed before the formation began. wimonsupported me with this matter because we know the seriousness of these circumstances'. round 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:r 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 deteunined a couple of days later that he was actually shot by somebody. IR during his recovery, 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,1111111111111111VSN, approached me and whispered to me something to the effect of, 111111BI 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 111.111 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 asillIF 111111.1hotioed 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 io 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 of11111111111111.I began to look around the room and made e e .th the, others resent to include them. with the ounseling. Also. present was SN, and USN. I then exited t e tent with the camera. At one point iri time, I remember entering the tent but I do not recall if he entered at the time I did or, the time I was counseling the group.INS /After exiting the tent, I stood there for a moment to calm down and then went to my to info eed to do a charge sheet. I instnieted him to go get witness statement from which were to be used against an I did not view any of the images on the camera that night. I gained familiarity withal... 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 had11111111111.1holding his M-16 service rifle from his hip and aimed in the direction of the detainee patient. In that image,11111111111was 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 thatM ext to the detainee patient again gesturing "the bird", The fourth image was with ending next to the detainee patient with his M-16 service rifle aimed at his 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) Continuation of voluntary sworn star .rt of on August 12, 2004 who 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 me cal treatrnent.= 01/After yiewin, t images, I realized that the situation was much bigger and that ould, also, be included in the "charge sheet". Initially, I was going to request charges for dereliction of duty and disobeying an order but it has, obviously, grown much larger. 0do 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 cust sed it timinimiusmc, CSSG- 15, who escorted =1111111M and • ack to Camp Al-Taqaddum, IZ. I maintained 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 identif arkings. While in my living quarters, I was there, as well, and it was locked m wall. locker1..44 t, A,6-„Sei.,-9•1 At) .0) Lt.., 0-`15 11.;_ t) v v.m.A4 col B.. Ido not owpif the de inee patient w' aware of the photographs t aken but I do know that he had strong doses of morphine as a result of his To the best of my knowledge, the patient was transferred out that night as a mater of routine. his statement, consisting of this page and 2 other page(s) was typed for me by Sp ecial A en 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 i .2 Nuc 0 iS.6c Sworn to and subscribed before me this 12th day of August in the year 200 Al-Qaini, Iraq. Witnessed: lye Service AUT CLE 136, UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303 Page 3 of 3 NCIS 5580/26 (1/2001) (Formerly NCISFORNI 016/04-81) STATEMENT Place : COC Building, Camp Al-Oaim, IZ Date : August 12, 2004 j riAcl make the following free and voluntary statement to ausigAggianlinf 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. or the purposes of identification, I am allarfemale standing about flinches tall and weighing abou ounds. I have air an. eyes. I was born oniNEWirall.11111Parid my social security number is I am a 1101111in the U.S. Navy and I'm currently assigned to 1 St Medical Battalion, I S Force Service Support Group, Camp Al-Qaim, Iraq. My parent command is Naval Medical Center San Diego, CAM/ 110My direct knowledge of ilIMEOF and1111.111111111Wosing 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, was walking by the treatment tent where he was recovering. I noticed a bright flash shining from around the cracks of the tent zipper door. I stepped inside for a moment and saw placing his rifle over his should ikk was putting it to "sling arms". As the detainee was laying on a litter in the center of the room warrEhead towards the door and his feet awa from the doll", VIEW.was to the left of the detainee. Also, and 61111111N were 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,111111111111111taid, "Yes". I stepped back outside of the tent and zipped the door shut. I waited -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= 011Afler seeing the flashes, I immediately went to the tent next door and found our OMR 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 'list 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. 'm not sure when, but a few weeks before this incident , I was in resuscitation tent when was videotaping another detainee patient. •ecarne aware of actions and began to verbally counsel hirra = ads erase the filming that he had MN C Page F2 NCIS 5580126 (1/2001) (Formerly NCISFORM 016/04-81) Continuation of volunta sworn star -nt of on August 12, 2004 1,811Fttt he ade sure kr v. done, While he was talking to 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 certainiiii allowed to take pictures for personal use and definitely not while posing in a negative nature his statement, consisting of this page and 1 other page(s) was typed for me by Special Agentenallf 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: lc aim, Iraq. Sworn to and subscribed before me this 12` h day of August in the year 2004 at Witnessed: a MYTH: DERE E 136, L1CMJ D S U.S.C. 303 Page f (Formerly NCISFORM 016104-51) NCIS 5580/26 (112001) STATEMENT Place : COC Building, Camp Al-Qaim, IZ Date August 13, 2004 /6990 make the following free and voluntary statement to Special A whom 1 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 or the purposes of identification, I am anffmale standing abouarinches tall and wei in: about Pounds. I .have hair and e es. I was born on SW, on Mind my social security number i I am assigned to 1 st Medical Battalion, I 51 Force Service Support Group, Camp Al-Qaim, IZOOF am a Corpsman assigned to the Shock Trauma Platoon-4, Camp Al-Qairre 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 t 'ent from-2300-2400 and get him prepared for a medivac flight to Al-Asad IZ. yar was assigned the watch after mine if the patient did not get medivac'd out by the end of my watch, 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 believe g... an 1.1r were assigned duties as security over the patient ilieone point in time, I remember 1111.1111.11rwas attempting to get thel last set of vital signs for the patient the " ro-a " had been shut down. I remember what the vital signs were so,.I walked over to the 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 let' hand side at about his waist area and was still at the patient's right side of his feet area. moved up towards the ell 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, ..,,e-eree entered the tent and began to yell at all of us. I remember he inquired as to whom was taking pictures and ffirmed that he took some pictures/NW g-liPir)(53.r.) NCTS 5580/26 (1/2001) (Formerly NC1SFORM 016164-81) (-/ Continuation of volun•sworn sta' it of on August 13, 2004 nstructed:-•. : to give him the camera. was the only one who had a camera at the time en departed the tent with the camera and told us that we were all going to get a counseling for taking pictures. He, also, wanted !''-': o go and wait for him in the tent next do Oda 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 so and I could know how ling we had to finish getting the patient prepared for his medivac flights., 0do not know of any other circumstance wherein anyone was doing such acts as abusing patients or o in: in such a way with detainee patients other than about two weeks earlier. I had askedillit 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 callillr allalding his weapon in his shoulder while aiming it at another detainee patient. I did not save that 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 inserter 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 Orstatement, consisting of this page and I other pa.ge(s) was typed for me by Special Agent-as we discussed its contents. I have read and understand the above statement. I have been given the opporninity 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, a amp Al-Qaim, Iraq. Witnessed: r se taii e, Naw r na nvestigative Service AUTH: DERIVED FROM ART' =E 136, UCO U.S. AND 5 U.S.C. 103 Page 2 of 2 NCIS 5580126 (1/200 I ) (Formerly NCISFORM 016/04.81) STATEMENT Place : CPC Building, CarnpA-QAIM, IZ Date : August 13, 2001/4/ make the following free and voluntary statement to Special Agent horn 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 sus ected detainee abus or the purposes of identification, I am a gin male standing aboulgr inches tall and weighing about Wounds. I have hair and eyes. I was born on inlignilirnd my social security number is I am currently assigned to I Medical Battalion, i s' Force Service Support Group, Camp Al-Qaim, IZrams 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. 1.1111MININgaridgliMillair 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.searched him while - 1111111101held 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 ellilliMbegan 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. 1111111111.1wanted me to get some vital signs before the atient left. About ten minutes later, I went over to the resuscitation tent with to et the vital of the patient. Also in the resuscitation tent were nd , who were standing security guard over the patientikiii 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 confusing as to. which is the front and back doors. 11111111Migwas standing near the patient's head an , was down past the patient's feet. At one point in time, after I entered the tent, bothallial. andlinininghad moved and changed places. alp was 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 light coming 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 that% 10.15b Page 1 of 2 .XL' NCIS 5580126 (1/2001) (Formerly NC/ ) '....'ontinuation of voluntary sworn st?' it of 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. SIMMIIMIstill 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-tied' ew that taking pictures was a really touchy subject and I didn't want an one takin ictures 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 ell at all of us. It was at that time ad quickly hid the camera in his uniform blouse. ad gone straight to nd in aired 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 inforated us all that we were going to get a counseling for this and told Mg 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 Special Agent 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 be /31066)9-/4r7. Signature: 01011/111111 Sworn to and subscribed before me this 13th day of August in the year 2 at amp Al-Qaim, Iraq. Witnessed: Rep stigativc Service ALITH: E 136, L1CMJ U.5.C..936)_AND5.U.S.C. Page 2 of 2 NCIS 5580/26 (1/2001) (Formerly NCISPORM 016/04-81) U.S. NAVAL CRIN INVESTIGATIVE SERV, J., _ INVESTIGATIVE ACTION 07SEPO4 CONTROL: 10AUG04-MEBJ-0337-7XMA RESULTS OF INTERVIEW OF IIMINIMEr USN 1. On 10Aug04,ummomiusmc, Force Service Support Group (1FSSG), Camp Al , USMC, and USMC, were aiming their weapons at and taking unauthorized photographs o a detained enemy prisoner of war (EPW), civilian, while_was rece ving medical attention at the Shock Trauma Platoon - Four, Camp Al-Qaim, IZ, 2, On 12Aug04, USN, was interviewed concerning any knowledge he may have o and_eking photographs of detained EPWs. 3. Since his arrival in Iraq,_has had no knowledge of any official policy regarding the taking of photographic images in his work environment. Upon his initial arrival in Iraq, a -journalist has traveled through the Camp Al-Qaim area while taking photographs. 11111111stopped the journalist from taking photographs. could not recall the identity of the 'ournalist. After inquiring about a photograph taking policy,_could not identify any policy. The da 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._became confused about his policy and indicated photograph taking of detained EPWs was permitted for medical briefing purposes. 5. recalled an occasion around mid-Ju104, when_was recording medical roceedinga with his video camera, While was approaching USN, contacted and began to counsel him about his vi eo camera. The next was present for a scheduled formation whe rein arcedemmil photograph policy and related that photographs of detained EPWs is not allowed. 111.1111Mbelieved it was clear, at that time, no one was allowed to take photographs of detained EPWs, EXHIBIT (5) WARNING OF ONLY FOR THE CIOCUM5NT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SEAVICE FICA PF. E °N Pagel CONTENTS MAY SE DISCLOSED ONLY TO ',MONS WHOSE OFFICIAL BUMS RECIOAS ACCESS HERETO, CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED wITI4OUT SPECIFIC AUTHORIZATION FROM THE WAYAI. CABANAL INVESIECATIVE SERVICE ^c/ SUM': U.S. NAVAL GRIN` INVESTIGATIVE SERV related he did not have any knowledge of anyone pointing their weapons at any detained EPs while posing in photographs prior to the reporting on 09Aug04, the events that initiated this investigation. 6 _ 7. A statement was not obtained from ue to time constraints and operational commitments. BIOGRAPHICAL DATA EMPLOYMENT: US SSN: DOB; POE: 67c- RESIDENCE: REPORTED BY: , Special Agent OFFICE: NCISFO Bahrain, Camp Al Taciaddum, I2 FOR OFF CE ONLY WARNING MPS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL mvESTIGATIVE SERVICE Page 2 LAST V2 LNY CO1ITEHTS MAY ee OISCLOSED ONLY TO PERSONS WHOSE OFFICIAL CuDES REQUIRE ACCESS HERETO. CONTENTS. MAY NOT BE DISCLOSED TO THE PARTYISJ CONEERNE0 WITHOUT SPEOFIC AUTHOWATiON FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE NAVAL CREV. .L INVESTIGATIVE SERV. .._. INVESTIGATIVE ACTION_ 07SEPO4 CONTROL: 10AUG04-MEBJ-0337-7XMA RESULTS OF INTERVIEW OFONIMINEMPUSMC 1.On 10Aug04,010111MEM-USMC,MINMEIM, 1st Force Service Su port Grou• (1FSSG) Camp Al-Ta addum TZ re orted tha , USMC, and SMC, were aiming their weapons at and taking a detained enemy prisoner of war (EPW), civilian, while111111111rwas receiving medical attention at the Shock Trauma Platoon - Four, Camp Al-Qaim, IZ. 2. On 13Aug04, 11.11111MINNIEW []SMC, was interviewed concerning any knowledge he may have of_andill1111111,taking photographs of detained EPW's._is the senior Marine present for all Marines assigned to the Shock Trauma Platoon - Four, 1st MedBn, lstESSG, Camp Al-Qaim, IZ. 3. On 09Aug04,_stood security watch over a detained EPW while he was bein received from a medical flight. The EPW was identified as_The receiving procedures included a physical search and medical treatment. AIIIIIIIIIIheld his wea on at the 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_as security watch_over111111111,_informed both Marines that • 11111111rwas "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. 1111111111,did not review any details involving photographs because the alloy 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. 5_did not have any knowledge of anyone, to include and_aiming their weapons in a negative manner owards any detained EPW prior to this investigation. 11011111111, 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) WARNING FOR OFFICE ONLY b ce Page 1 THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATNE SERVICE CONTENTS MAY RE DISCLOSED ONLY TO PERSONS valOSE OPRVAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY HOT Be oiscLOSE0 TO THE pARTYIST CONCIYNCO WITHOUT SPEoPIC AUTNOPTZATION raom THE NAVAL cRoNHAT INVESTIGATIVE SERVICE. SUBJ: U.S. NAVAL CRIT .AL INVESTIGATIVE SERV.. elated he believes he knows the Marines well enough to 6._ 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. due to time 7. A statement was not obtained from constraints and operational commitments. BIOGRAPHICAL DATA EMPLOYMENT: USMC SSN: DOB: POB: bl C RESIDENCE: _ Special Agent REPORTED BY: _ NCISFO Bahrain, amp Al Tagaddum, 12 OFFICE: WARNING FOR OFFIOrUSE THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY RE Of-SO.0W) ONLY TO PERSONS wHOSE °FROM miTIESPEOUR5 ACCES S Page 2 LAST Mr V2 LNY HERETO. CONTENTS MAY HOT RE DISCLOSED TO THE gAnTY151CONCTRNE0 WITHOUT VICMC AUTHOWATIOH Tfl0I THE NAVAL CR1M€NAL INvESTIGAintE SER,cci. U.S. NAVAL CRIN.. ,ALL INVESTIGATIVE SERV ,1, _ 06SEPO4 INVESTIGATIVE ACTION CONTROL: 10AUG04-MEBJ-0337-7XMA ACQUISITION OF SKETCHES Special Agent (SA)1. On 12Aug04, conducted an interview of USN, During the interview, SA obtained a sketch from depictin•h scene in the 09Au 04 when , photographed USMC, and_ each other posing with weapons overSIMMEMMISMONIF civilian. Enclosure (a) pertains. . On 13Aug04, SA nducted an interview of USN, During the interview, SA sketch from de ctin the scene in the tent on hotographed each other posing 09Aug04, whe with weapons eve Enclosure (b) pertains. ENCLOSURE(S) (A) Sketch by -'depicting medical tent on 09Aug04/12Aug04 (B) Sketch by depicting medical tent on 09Aug04113Aug04 _ Special Agent NCISFO Bahrain, Camp Al Tagaddum, IS EXHIBIT (7) REPORTED BY: OFFICE:_ FOR OFF! Page 1 WARNING THIS ogcumeNT IS THE RROFIGEITY Of THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS f¦AAY BE DISCLOSED ONLY TO PERSONS mane Oncou MIES AMORE ACCESS HERETO. CONTENTS MAY NOT SE INSCLOSPO TO FRE PARTYIS1 COMMEND WITHOUT SPECIFIC ALONOMBA7105 FROM THE NAVAL CRIMINAL iNVESIJGATIVE SERVICE -7"--914 DODDON 000325 SKOcH „Z=lAtAIN._ .. I. AUG o.t. 030 _ INVESTIGATIVE ACTION 06SEPO4 CONTROL: 10AUG04-MEBJ-0337-7XMA 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 w re:osing 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 Sergeant Major, Combat Service Support Group 15 (CSSG-15),nard Camp Al Taqaddum, IZ. Re¦ ortin• A it 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 e orary storage at NCIS Camp Al Taqaddum, IZ. On 17Aug04, 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 riffariron. 17Aug04, 10 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 de icted posing for the caner_ 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 17Aug04 (C) Photograph depicting_Undated (U) Photograph depicting_Undated (E) Photograph depicting_U dated (F) Photograph depicting_Undated REPORTED BY:_Special Agent OFFICE:_ NCISFO Bahrain, Camp AI Taqaddum, IZ EXHIBIT (8) FOR 0_USE ONLY PAGE Oen V2 LNY U.S. NAVAL CRIA AL INVESTIGATIVE SERV_ INVESTIGATIVE ACTION_ 06SEPO4 CONTROL: 10AUG04-MEBJ-0337-7XMA SEIZURE OF EVIDENCE AND RESULTS DF SEARCH 1. On 09Aug04,_USN, seized one 01 Stylus 300 Di.ital camera and one lens cover from USMC, because he and USMC wer_ sing and photographing each other guarding civilian, an Enemy Prisoner of War (EPW) etainee 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 (GSSG-15), aboard Camp Al Tegaddum, IZ. Reporting Agent also obtained a Chain of Custody receipt from 111111,11111111FEnclosure (a) pertains. 3. Subsequent to the seizure of the camera as evidence, it was placed in tem orary storage at NCIS Camp Al Taqaddum, IZ. On.17Aug04, as 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 _ 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 111111111camera were reviewed. During the review, four images were discovered pertaining to this investigation. Three of the photographs depicted1111111,posing for the camera and making gestures towards One photograph depicted IIIIIIIIIIrpointing his weapon at Enclosures (c) through (f) pertain. ENCLOSURE (S) (A) Chain of Custody/09Aug4 (B) Permissive Authorization for Search and Seizure for LIM 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 Tagaddum, IZ EXHIBIT (8) _ FOR OFFICJeONLY WARNING THIS OOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE Page 1.ST V2 LILY CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL OJTIES REOLI:11E ACCESS HERETO, CONTENTS MAY NOT BE OISCIOSED TO THE PARTYcSICaNciRRED WiTHOLIT SPLCI;IC AUTHCINIZATMN FROM THE NAVAL CANNHAL INVESTIGAINE SERvitE 7-c7 /IA/ CHAIN OF CUSTODY Item: Silver colored 'Olympus" brand digital camera in two pieces. (1)camera body (2)lens cover 9 Aug 04 at Recovered: Item was recovered b approximately 2300 hours from TRANSFERRED FROM 1. DATE 6 TIME RECEIVED BY DATE TIME 0 '_ 3R. 2. r a 3. 4. S. 6. 7. 8. 9. Signature: 1. SIGNATURE PRINTED NAME 3. PRINTED NAME SIGNATURE PRINTED NAME SIGNATURE 4. PRINTED NAME SIGNATURE PRINTED NAME_ SIGNATURE e',.:41.z..47)5t..a CS 4-) PERMIW 7 AUTHORIZATION FOR SEAR,. AND SEIZURE Date : August 17 2004 t after being advised by Special Ag nt 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 ave 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. search may be conducted on 17Aug04 by SA and SA Ir and I hereby give my any property or papers found during the search which are desired for permission permission to remove investigative purposes. O limake this decision freely and voluntarily, and it is made with no threats having been made or \01 promises extended to me. OW Command Representative TIMES OF SEARCH Start : End : Page 1 of 1 NOS 5580/21 (Rev. 08/2001) DI/ NAV CRIMINAL INVESTIG ATI , SERVICE DELETED PAGE INFORMATION SHEET Pae(s) withheld entirely at this location. One'or more offollowing Explain this deletion. 1-71 Deleted under eKernption(s) Documents originated with other government azency(ies). Referred for review and direct response to you. Paaes contain information furnished by other government atlancy(ies). We will 1 advise you of releasa.bility of information following consultation with agency(ies). Comments . DELETED l'AGE.(S) NO DUPLICATION FEE FOR THIS PAGE. U.S. NAVAL CRIIV ..A.L INVESTIGATIVE SERV. INVESTIGATIVE ACTION_ 06SEPO4 CONTROL: 10AUG04-MEB0-0337-7XMA RESULTS OF SEARCH 0 On 17A 04, 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 Kairwritine the time and placing his initials. About 1105, 17Aug04,_elected to invoke his right to refuse the search. Enclosure (a) pertains. 2. After nvoked his rights to refuse the search, SA 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 SA o imilus the basis for the Search Authorization. 3. At 1146, 17Aug04, the search of_property 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 IMF 17Aug04 (B) Command Authorization for Search and Se' 4111111,17Aug04 (C) Affidavit for Search Authorization for 17Aug04 REPORTED BY 11111111111111119111111,Special Agent OFFICE:_EXHIBIT (9) NCISFO Bahrain, Camp Al Taqaddum, TZ_ FOR OFF{ USE ONLY WARNING THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL iNvESTtGAT E SEEWICE Page 1 LAST V2 L NY CONTENTS MAY BE DISCLOSED ONLY TO FEA.S0115 WHOSE OFFICIAL DUT IES REOVIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PART ISI CONCERNEV WITHOUT SPECifiC Atrownizknon mom IRS NAVAL CRIMINAL InvESTIGATiVE SERVICE. G-' l'ERMISS ", AUTHORIZATION FOR SEARS kND SEIZURE Date : August 17, 2004 after being advised by Special Agen that the Naval Criminal Investigative Service is conducting and/or SA 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. and S and I hereby give my This search may be conducted on 17Aug04 by SA 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 C promises extended to me. 01 -Signed: Representative, Naval Criminal Investigative Service Representative, Naval Criminal Investigative Service Command Representative TIMES OF SEARCH Start : End : Page 1 of 1 NCIS 5580121 (Rev. 0812001) Authorization Commaium Authorization for Seat and Seizure UNITED STATES OF AMERICA vs. aval Criminal Investigative Service TO: Special Agen Affidavit(s) having been made before me by Special Agent believe that on the person of and/or on the premises known as:ad 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 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. Css6is Command EA:4:-L05ct 12.1 LCf _0) Page 1 of 1 (Formerly NCISFORM 024/08-92) NCIS 5580/7 (2/1999) Affidava, "r`vr Search Authorization, NL ai Criminal Investiativ Jerviee UNITED STATES OF AMERICA VS. LISMC BEFORE the Commanding Officer, CSSG-15, 1stFSSG, The undersi ed, being duly sworn, requests authority to search: person, living area and personal property located aboard Camp Al Taqaddurn, 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 namely: Believing that there is now being concealed certain pro e and other military personnel posing Physical and/or electronic photographic evidence containing 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 17°1 authorization to search and seize, including comments demonstrating the reliability of the information and/or inf r t are as follows: , prior to 09AugOcl, he instructed the ernbe s of IstMedBn, l FSSG,According toCamp 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 o 2004. Sign is eying Oath as4or 6109014,v4 .401-ke) C's.a Rank, Service, Title E-4:'(,-t.c-5 L1041 ECL e--) Page 1 ofle (Formerly NCISFDRM 023/08-92) NCB 5580/1 (1/2001) Page 2 of Affidavit for Search Authorization in the case a • USMC After interviewing several witnesses who have provided signed, sworn statements, I have 1 5.; determined that on 09Aug04, while standing guard over an EPW/Detaince patient, photographed and/or posed for photographs while aiming an MI6 service rifle at the EPW/Detainee in the treatmentiresuscittion tent, Cam. Al • aim, IZ. According tohad previously two persons within his supervisory chain of command, been counseled and ordered not take photographs of EPW/Detainees. MEM' consistent past actions of photographing EPW/Detainee patients couple with his actions as other photographs of on 09Aug04, leads me to believe thatEPW/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 personaland/or materials of evidentiary value maintained within property. U.S. NAVAL CRIM .A.L INVESTIGATIVE SERVI INVESTIGATIVE ACTION_ 01SEPO4 CONTROL: 10AUG04-MEKT-0337-7XMA RESULTS OF SEARCH OF 111 1MMINESW 1. On 17Aug04,_ was requested a search of his person and property by Special Agent and 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 of_person, a memory stick drive was seized at 1055, 17Aug04. The memory stick was reviewed for content and nothing of evidentiary value for this investigation was discovered. On 17Aug04,_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. 1)1c- related he also owned a computer hard drive. At 1840, 17Aug04, Western Digital hard drive, serial number WCAM51005609, the USE 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_guarding an enemy prisoner of war (EPW)/detainee was discovered. Enclosure (b) pertains. 4. During the interrogation of_on 17Aug04,_ 5. During the review of_hard drive, RA discove video clip of the movement of EPWfdetainees as filmed by On the video, as talkin to an individual he identified as_(NEI). :1'._told_he probably should not have been video taping the EPW/detainees, but since he got away with it,0111,111, wanted a co of the video. further related he would provide_with a thumb saving the video. The p was reviewed by glignair Camp Al Taqaddum, IZ, and 1st Force Service Support Group Deployed Marines (lFSSGDM). 6. After the seizure of the hard drive and the discovery of the photographs and video,_ ;-requested the evidence be maintained EXHIBIT (10) FOR OF USE ONLY WARNING THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE Page 1 CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFfiCrAL DIMS REOVIZE ACCESS REREIC1. CONTENTS wit.y NOT umScLOSU)1'0 TAE PARTY CONCTRIIED WflROUT SPECIFIC AUTHORIZATiON ;ROA THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. 7 5 / / • t SUBJ: U.S. NAVAL INVESTIGATIVE SERV at NCIS, Camp Al Taqaddum for trial purposes. The evidence was maintained and secured at NCIS. However, due to the length of this investigation and possible further efforts needed, on 02Sep04, the evidence was mailed to the NCISFO Bahrain Evidence Repository via 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) 61c' (A( Permissive Authorization for Search and Seizure for 17Aug04 (B) Photograph of_ Undated REPORTED BY: pecial Agent OFFICE: NCISFO Bahrain, Camp Al Tagaddum, IZ EXHIBIT ( WARNING FOR OFF SE ONLY THIS OOCUMEN1 IS THE PROPERTY Or THE NAVAL CAW INAL )NVESTiGATIVE SERVICE Page 2 LAST V2 LNY MNIENT5 fhAY SE. OESCLOSED ONLY TO REASONS WHOSE OFFICIAL AL.TIES REQUIRE ACCESS HERETO. CONVENTS MAY NOT SE DISCLOSED TO THE ?malts) CONCENES)WIT HOIST SPEC ¦ FiC AUTHORIZATION FROM THE NAVAL CRIMINAL 1NVESTIGAT1VE SERVICE. PERMISS, AUTHORIZATION FOR SEAR. -&ND SEIZURE Date : August 17, 2004 \ 1 0: qj er being advised by Spcel Ago:MEW at the Naval Criminal Investigative Service is conducting , .--:: dlor SA 1.%. --. investigation into Disobeying a lawful order and deriliction of duty, have been requested to permit search of my Personal property and person. have been informed of my constitutiona 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 mad This search may be conducted on 17Aug04 by AglIMIncilMINE and I hereby give my any property or papers found during the search which are desired for permission to remove and r investigative purpose oluntarily, and it is made with no threats having been made or make this decision freel Vil C promises extended to Command Reprwentative TIMES OF SEARCH .) Start : 5 G End : Li75 1- C!0 4? Page I of 1 NC1S 5580121 (Rev. 0812001) CRIMINAL INVESTIGAT1 SERVICE DELETED PAGE INFORMATION SHEET Paee(s) withheld entirely at thislocation_ One'or ore of following explain this deldrion. 0KC - Deleted under exemption(s) Referred for review =I Documents originated with other government agency(ies). and direct response to you. Pages contain information furnished by other government agency(ies). We will advise you of releasability of information following consultation with agency(les).. Comments . DELETED PAGES) NO DUPLICATION 1-hE . - FOR THIS PAGE MILITARY SUSPECT 71010WLEDGEMENT AND CLL." 'SING WAIVER OF RIGHTS Place: NCIS Office, Camp Al Taqaddum, IZ Date : August 17, 2004/(30, ave been advised by Special Agent that I am suspected of Aggravated assault, Disobeying a lawful order, and 'n• and/or osini for hoto a hs with Enemy Prisoners of War/Detaine have o been advised that: 1) Any prior illegal admissions or other impro e obtained evidence which incriminated me be used against me in a trial by court-martial (2) I have the right to remain silent and rn no statement at al • e can be used against me in a trial b ours-martial or other judicial 3) Any statement I do or mistrative proceedin nsult with a lawyer prior to any questioning. This lawyer may be a ) I have the right t lawyer retained by me at no c st to the United States, a military lawyer appointed to act as my ci counsel at no cost to me, or both -fined civilian lawyer and/or appointed military lawyer ) f have the right to ha m \DIC wring 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 tine. I make this decision freely and voluntarily. No threats or promises have been made to me %)(1.r 1l ) Page 1 of 1 (Formerly OPNAV Form 1.01.1) NCIS 5580/19 (1/2001) STATEMENT Place : NCIS Office, Camp AI-Taqaddum, 1Z Date : August 17, 2004 //LP make the following free and voluntary statement to Special Agent whom I know to be a Representative of the United States Naval Criminal Ver 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 P or identification p oses, I am a =male standing aboutigAnches tall and weighing about/Mr ounds. I have air and yes. I was born on in Millilrand my social security number i I am currently assigned to IstMedical Battalion, 1 st 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-Qairn, IZ, on 05M 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,111111111110.1USMC, 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 doctorsiMiallMhad come up to me and said somethin to the effect of, "hey, cut the was not upset at me for video... he's dying". After hearing that, I stopped taping. I • 0 rather upset that the Marine was dying. I believe anyone should be able to hear ta on my video because I was still taping at the time he told me that. That recording, along with other photograph 'nes posing with their weapons, should be stored on my external hard­drive for my compu bout 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 SMC. I positioned myself behind the M-9 9mm pistol that I borrowed from patient and as unconscious. as present but out of sight of the cameras view. I USMC, and I were the only ones that had our icture taken on that believe occasion. I'm not sure, exact , who too picture but it was either USM(, 0 e second time I ever posed with a weapon on an EPW was on 09Aug04. That nit , we had received an EPW oa e ' e around 2130. I was a litter bearer along with illpe sat the EPW down on the ground in front of a "997 USN, anc earched the Ambulance" so; we could use the headlights to search the EPW. 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, "shu (Formerly NCISFORM 016/01-81) NCIS 5580/26 (1/2001) ontinuation of voluntary swo stateto + of — on August 17, 2004 ,USN USN the fuck up!" That group included an Iraqi interpreterUSN. There was a lot more eo le in the tent and I can't recollect who else said that to the ,o USMCI=1111WUSN EPW. However, I do recall tTa= d other people were present but did not say anythin: derogatory. I was standing in thesaying anything either. back of the tent and did not say anything. I don't recall hearing examination, I heard other comments such as, "shut up" and "why the fuck did you mortar During us" I believe MIMMItier the examination, I was posted as guard along with ~ -as in the tent preparing the EPW for a inedivac flight. - ".;::. ''..! I - -.' SN, and ar came into the tent to check the vital signs of the EPW. While doingAfter about an hour, that, he made a comment to the effect of, "did you ever hear of Guantanamo Bay, Cuba? They eat flickers 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 rea came into the tent, I took three photographs ofilliMill posing. In the first for *ack was facing me and it was blurry. The second photographphotograph, I t ust standing next to the left side of the EPW's head with his hand raised while was with old me that he was gesturing his making a gesture with his right hand. The next day, middle finger so that he was "shooting a bird". The third photograph should have posing with, his M-16 rifle somewhere ori his side as he had it slung on his shoulder ID I moved from the EPW's far .After taking that third photograph, I changed places with 0‘ oved from the left left side from his feet up to just behind the left side of his head. 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 nni771e just to the right of the EPW's head. After having my photograph taken, I lowered my rifle. Both 1111111111Mand myself had our rifles in "weapons condition 3", which means; magazine inserted, bolt forward, no round in chamber and safety on. This Prior to occasion on 09Aug04, was the first time I had ever been assigned the duty to guard an EPW. that, I was told bygMelin 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 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 d I gave him copies for his medical briefings. photographs were by the approval of Usually, just about everyone has cameras and when. I'm asked not to take photographs I don't. (Formerly NCISFORM 016/04-81) NCIS 5580/26 (1/2001) ntinuation of volun sworn staten on August 17, 2004 as videotaping a group of Marines. A "lstSgt" wasremember an occasion when was videotaping the wounded Marines. I believe I with them and became upset tha recall the istSgt being mad because someone was recording his Marines who were hurting. 1111111, 1111111111111Ngan to yell at11111111111, 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 head.", at that time. After this incident, that information prior to this incident. I could have been on duty d 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 pictu After talking with Special A ent Mr I understand the problems that these kind actions can cause but I don't understand why and I are getting in trouble. I know — may have Iseviolated 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 remembetalli telling me something like, "1 don't think you should be taping that because they might not After the convoy left,.USMC, told me, "Well, now that you got away with it,tke 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 anc came up to me top and gave me his thumb drive. I copied the video for him and gave it back to hi \CO I would like to apologize for my actions and say that I will never do anything like that again nor, will I at allow myself to be put in a position for that to happen. I just wish I used a little more common sense00the 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 's statement, consisting of this page and 2 other page(s) was typed for me by Special Agent-I have read and understand the above statement. I have been given the as we discussed its contents. 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: e-cr: 4 l 7;5'7 . ugust in the year 2004, at Camp Al-Tagaddture Sworn to and subscribed before me this 1, Iraq. e Service AUTII: DERIVE FROM:AR­ epr 11 LE 136, UCMJ (10 i .(. 936) AND 5 U.S.C. 303 •aage 3 of 3 (Formerly NCISFORM 016/04-81) • NCIS 5580126 (1/2001) MILITARY SUSPECT'S' KNOWLEDGEMENT AND CLL., ING WAIVER OF RIGHTS Place: NCIS Office, Camp Al Taqaddurin, IZ Date : August 17, 2004tV (2-111111111111 ave been advised by Special Agent at I am suspected of Aggravated assault, Disobeying a lawful order, and taking and/or •osier for photographs with Enemy Prisoners of War/Detaineear I have also been advised that: . 111(1) Any prior illegal admissions or other improperly obtained evidence which incriminated me cannot be used against me in a trial by court-martial; ionlow) I have the right to remain silent and make no statement at all; air ) Any statement I do make can be used against me in a trial by court-martial or other judicial ora irlistrative proceeding gia4) 1 have the right to consult with a lawyer prior to any questioning. This lawyer may be a to the United States, a military lawyer appointed to act as my 77n lawyer retained by me at counsel at no cost to me, or bot civi 1. right to have my retained civilian lawyer and/or appointed military lawyer ) I have the pr uring this interview; an0106) I may terminate this interview at any time, for any reasons'', \O#ICI illigunderstand my rights as related to me and as set forth above. With that understanding, l have decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a e. I make this decision freely and voluntarily. No threats or promises have lawyer present at this been made to me, Signature Date & Time: I 7Aub-D 0 q.ao6-7 Witnessed: /3-:4-,..T" (13 Page I of I (Formerly OPNAV Form 1.01.1) NCIS 5580/19 (I/2001) STATEMENT Place : NCIS Office, Camp Al Taqaddum, IZ 2212 Date : ./1s.L4 ust 17, 201011 ake the following free and voluntary statement to I, 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.iiii divor pu uses of identification, I am a IIIIIIrmale a u inches tallatounds, withMhair yes. I was born on 111111., in My social security number is 111111111, 11"--an am currently assigned to Medical Battalion (MedBn), Combat Service Support Group (CSSG) 15. _Prior to I1Aug04, 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 Taqaddura after an incident of photographing an Enemy Prisoner of War (EPW)/Detainee on 09Aug04.00, of In my duties as a guard for EPWs, I have been tau t to always maintain my weapon pointed at the SMC. We are also supposed maintain our weapons EPW. I was taught this by d on an empty chamber, in Condition 3. A Condition 3 weapon has a magazine inserted, the bolt fo ejection port cover closed, and the weapon on safe. A Condition 4 weapots 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 fraq411111111111111raught 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. NW OPchile 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 aatm and I was assigned as a guard for hint. I had my digital camera with in the evacuation tent at Al Q, , USN, and asked him to take a picture of me guarding the me and I gave it to EPW. My digital camera is a Olympus Stylus 300 digital camera. In the picture, I was pointing ray MI6 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 pitur. I was standing bettgen the EPW the door. I was about three feet away from the EPW. I was starldint aYtigout81-lest level itl'O`ttlieviitgfil orafir the EPW..iuIIIIIIMRooliihihotograph of me. He then gave my camera back to me and I put the camera in my cargo pocket. 1111111c second incident of me osing for photographs over an EPW was on 09Aug04. I was guarding an C in resuscitation tent. I had m digital camera with me. EPW with and The other eo le in the tent were to take awere monitoring the EPW's vital signs, I askedand 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 shoulder ETVti:/irr Page 1 of 3 (Formerly NCISFORM 016/04-81) NOS 5580126 (112003) Le- Dntinua.tion of voluntai sworn stater - of on August 17, 2001/1111, ap level with the EPW and to his right. I think in two of the photographs, the butt stock of my MI6 was at my side and in the other photograph, the butt stock was in my shoulder. I was pointing my M16 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 was in about the same position I was in his of and the EPW. photograph. I do not remember where the butt stock of his M16 was located, but I know his weapon was pointed at the EPW1111010111111.11111so 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 USN, asked something to the effect of "where's the of a box. A few minutes later, 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, 11111.111111ralso told me I was going to get charged. He said, "write him up." U. When I was in the patient unloading tent,1111111111111111111 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, wog 10111During the treatment of the EPW on 09Aug04, several individuals were making comments to the EPW.111.11111, USN, told the EPW to "shut the fuck up" when the EPW moaned.maniffar USN, made a joke about the EPW forgetting about the anti-mortar.a..111.11rUSN, related he . did not want to work on the EPW because the suppliesshould be saved for Marines. He did not sayelated she wanted to know how to this in front of the EPW; he was in another tent say "die Iraqi die" in Arabic. She said this in another tent away from the EPW. lioDuring 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 things that were happening. Individuals I observed photographing or video-taping include/MR SN a navy officer from the Battalion Aid Station (BAS). He is a ver tall and thin black 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 HAS 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. a bout two weeksbefore 09Au 04 was video-taping the doctors working on an EPW in the resuscitation tent. old 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 during this formation. Even after111111111111111Passed this information, people from various units were still taking pictures of medical procedures... Page 2 of 3 (Formerly NCISFORM 016104-81)NCIS 5580/26 (1/2001) ,-• DODDON 000348 3ntinuation of voluntary sworn stater, -of on August 17, 200A During July of 2004, I began having problems with. over minor things. I would do 1000 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. General' the sodas are marked with someone's asked me if I drank the Diet Coke name. This Diet Coke did not have a name on it. and I told him I had drunk it.11111.111.1hreatened me with a workin al and told me to get him another cold Diet Coke one way or another. I got him a Diet Coke. lad gotten a skateboard. Several of us rode the skateboard in the tent. After I rode the skateboard in the tent,giumpaine 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..I.IIIIIIWas using his computer. I stood on his skateboard and told him I was getting good at gaming 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 Eater, 111111111111111Fcalle.and I over to him. told me I had three weeks of EMI. I tried to tell him I was onlystanding on the skateboard and not riding it. told me I was dismissed. I left and stayed and talked to him.", en came to me and asked what happened. I told him. EIMININ then went back to A few minutes later,nowircatne out and told me not to worry about the /Col EMI. As problems with ounted things also became more difficult with are buddies. The incidents of me getting into trouble or filming things did not start until after problems developed with Also, it seemed as though.1.111111/111,as disappointed1.1.11.111.was 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 weapon pointed at an EPW while on guard. However, I was wrong in posing for a picture while on 110. 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.1111. -), IFhis statement, consisting of this page and,2' ottage(s) was typed for me bymnillmr 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 be knowledge and belief. OR OeRci-— ig 4-'01- Signature: - Sworn to and subscribed before me this I ek-clay of in the year 7t7)iy at Witnessed: e Service ERIVED FROM AR'T'ICLE 136, liCMJ (10 936) AND 5 U.S.C. 303 Page 3 of 3 (Formerly NCISFORM 016/04-81)NCIS 5580126 (1/2001) U.S. NAVAL CRIMLAL INVESTIGATIVE SERVICr, REPORT OF INVESTIGATION (OPEN)_ 13AUG04 SPECIAL INQUIRY (II)_CONTROL: 10AUG04-MEBJ-0337-7XMA /W/FNXX/N///UNKNOWN COMMAND/GSSG-1S, 1ST FSSG/42491 MADE AT/MEBJ/MANAMA BAHRAINIMariate SPECIAL AGENT NARRATIVE 1. This investigation was initiated on 10Aug04, after 111.1111011111r 1st FSSGDM, reported thatIIIIII1Fand_were posing for photographs while holding their M-16 service rifles at close proximity and pointed in the direction ofillialliaron 09Aug04. Reportedly,111111111,was 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 ba_ck.Both 11lNlrandll.were assigned duties t uard 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: 0023E FOR OFF! USE ONLY WARNING Page 1.LAST gar V2 LNN THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE CONTENTS MAY DE Di-41km) ONLY TO rt-iLSORS WHOSE OFROAL ouncs REautrit ACCETS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYM 00HcErNED wintout sptont AUTHORIZATION FNMA THE NAVAL CRLIAINAL INVESTIGATIVE SEINIC5. DODDON 000350 U.S. NAVAL CRIMII INVESTIGATIVE SERVICE _ REPORT OF INVESTIGATION (CLOSED) 080CTO4 _ SPECIAL INQUIRY (II) CONTROL: 10AUG04-MESJ-0337-7XMA/C M FNXX COMMAND/CSSG-15; 1ST FSSG/42491 MADE AT/MEBJ/CAMP AL TAQADDUM izsmaraiwir 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_(Orig 0023CL) (17) (2) Fingerprint Cards and Final Disposition Sheet/ 09Sep04...(Orig 0023CL) EXECUTIVE SUMMARY 1. This investigation was initiated on 10Aug04 afterIIIIIIIIIIIII, , 1st Force Service Support Camp Al Ta ddum, IZ, reported and ere posing for photographs while holding their service rifles at close proxi 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_while was in the STP-4 area. The camera used to photograph andIIIIIIIII,was seized by command and delivered to NOIS. 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 165ep04,migrand went to Non-Judicial Punishment for violation of Article 92 (Failure to Obey a Lawful WARNING FOR OFR E ONLY THIS DOCUMENT LS THE PRCPERTy OF THE NAVAL CRTHINAL. It0E5TIOATivE SERVIet Page 1 CONSENTS MAY DE 01 sctosED MY TO PERSONS WHOSE CfE)CIAL DUTIES REQUIRE ACCESS HERETO, CONTENTS PAY NOT ES DISCLDSM TO THE RAMIE) CONCERNED YVITHOLFT SPECIFIC AMORIZATION FROM THE NAVAL CRIMINAI INUESTIQATIVE SERME. witallifiralaMMIMW SUBJ: U.S. NAVAL CRINIIV I- 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 $250.00 for one month and 60 days restriction was suspended for six months. 2. Photographs ofIllillilland11111111111Pare being forwarded for inclusion in the NCISHQ master file; Exhibit (15) pertains. Criminal fingerprint cards for11111111ind11111111111are being submitted for processing. This investigation is closed. ACTION 23CL: Fingerprint cards for 1111Mand e forwarded as exhibits (16) and (17) for processing. DISTRIBUTION NCISHQ: 0023B(M) ACTION: 0023CL (M) INFO:_ 0029/MEBJ (M) FOR OFF1601101TSE ONLY Page 2 LAST Mr V2 LNY WARNING TH1$ DOCUMENT IS 1HE PROPERTY OF THE NAVAL CRImINAL INVESMATNE $ERV10E CONTENTS MAY BE macaw owl' TO ?MEOW WHOSE OFF 4C141-Dunes REotnx ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC, AUTHORIZATION FROM THE NAVAL CRIMINAL BIVEST3CATIVE SERVICE. "-• DODDON 000352 U.S. NAVAL CRIMII INVESTIGATIVE SERVICE _ INVESTIGATIVE ACTION 20SEPO4 CONTROL: 10AUG04-MEBJ-0037-7XMA SUBMISSION OF PHOTOGRAPHS 1. On 2 04, Re ortin A ent entered the hoto raphs o and both of 1st Medical Battalion, Combat Service Support Group-15, and amended them enclosures (A) through (D). 2. For background, on 09Aug04, andel/MOWwere discovered posing for photographs wile guarding an Enemy Prisoner of War, ENCLOSURE(S) (A) Photograph o Front View/Not Dated (B) Photograph o Right Profile/Not Dated (C) Photograph of Front View/Not Dated (D) Photograph of -Right Profile/Not Dated REPORTED BY: 111111.11111MIWSpecial Agent OFFICE:_ MEW' Camp Al Tagaddum, IZ FOR oFrosolletsE ONLY Page 1 LAST MR V2 LNY WARNING Jj IS ROCUMENT IS THE PROPERTY OF THE NAVAL CRIK.NAL INVESTIGATIVE SERVICE CONTENTS MAY EIE DISCLOSEO ONLY TO MESONS WriO.E OFT mut, Dt.mEs. REQuaw ACCESS HERETO. CONTE/US MAY NOT BE DiSCLosEo TO THE PARTY(S) ccr&sarm vorrocur sPecim ALIIIIORIZATION FROM THE NAVAL CRIMINAL INVES11GATTVE SERUM. ) EXHIBIT . DODDON 000353 NAW. CRIMINAL INVESTIGATIVb SERVICE DELETED PAGE INFORMATION SHEET Pa-ae(s) withheld entirely at this location_ One'or more of following explain this de ctiom (U. riiDeleted under exemption(s) • Documents originated with other government agency(ies). Referred for review and direct response to you. Pages contain information furnished by other government agency(ies). We will advise you of releasability of information following consultation with agency(ies). Comments: DELETED F'AGE(S) NO DUPLICATION FEE FOR THIS PAGE U.S. NAVAL ILSTIGATIVE SERVICE EV' ..„CE CUSTODY DOCUMENT LOG NUMBER DATE A MD TIME OV ZUR CODE CONTROL 0141,6 Y-,24 C:1337-7)c fyi A 12AL.Fj OV/ /025 1.6 LOW ON WHERE PROPERTY SEIZED PERTY SEIZEDNAME P C,...ss )S , CA twe ii-,c.}..,As)DEArA FABER. S AL NUMBER. 10EN TIFYING MARES. CONDITION, AND DISPOSAL DeSCRIPTIO OF ACTION VALUE WHEN APPROPRIATE. TiTY az; -45 (1 ITEM OuAN- -"")(Okspftie0S I o1/4.+A-crc1/4.—. .cATA .S )17,\ \--)L 5 -OO buy 1 0,..),./ s \--r c.,Yr \-s-a c-voc,..) 0) e et-s.A_k_re". F e Nt-, cL23r-a c tk.--t- LP, 51-'37 rc oci NAME AND SIGNATURE OF REEEIVIN NAME AND SIGNATURE Di WITNESS IF AVAILABLE) CHAIN 0 PURPOSEDATE a RELEASED SY RECEIVED BY ITEM TIME NAME 'NAME c)Z.... 11111111111111111 ORGANI?ifrir 5 ORGAmEATION w 0 /6,74 )4,„‘ SIGNATURE SIG A N14 S 1 e1 ORGAMZAT -,7"-c4.9 (7.ajA/) ejlifr/ /WS)­ pow SIGNATURE (6. NAM Li 5 P 5 ORGA RATION g.,: 44Egx— fr-r-o? ii-Aree) fr4i) aar SIGNA RE gi+64/Y/Y05645 NAME ORGANIZATION ORGANIZATION SIGNATURE SIGNATURE CHAIN OF CUSTODY CONTINUED 014 REVERSE 0105.4_ F.IOO. -5520 NIS FORM S5IOJII8 (law 10/72) 1....gATIN -tiF CUSTODY (CentiLAd) • DATE A PU RPOSE ITEM RELEASED BY RECEIVED BY TIME , - NAME NAME ORGANIZATION ORGANIZATION SIGNATURE SIGNATURE NAME NAME ORGANIZATION ORGANIZATION SIGNATURE SIGNATURE NAME NAME ORGANIZATION ORGANIZATION SIGNATURE SIGNATURE REMARKS FINAL DISPOSAL ACTION FINAL. DISPOSAL AUTHORITY OROANIZATION NAME (rPIINTED) RANEPr4-ME. PERSONS) RECEIVING ITEM(S)/WITNESSING DESTRUCTION StONATURCIDATIS NAME OFMANIZATION 1. 2. 3. 4. MAY RE cariTINUISII) IN REMARKS IP NECESSARY 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 MI. TO ANOTHER AGENCY (A), TO NIS (N). DESTROYED (D), OTHER METHOD (M) (EXPLAIN IN REMARKS ABOVE). NIS ROFfirl SSZOft 10/72 EAc% DODDON 000356 U.S. NAVAL AiSTIGATIVE SERVICE E k.:,:eCE CUSTODY DOCUMEN1 DATE AND TIME 0./iF SEIZURE LOG CODE CONTROL ki felg 0337-7S r" 4 / 7 t/ 41)5° 177 Q A / o- AmE OP PERSON PHO OCAT ON WHERE PROPERTY SEIZE° $w) TIG LE moDEL NUMBER. SERIAL NUMBER, IDENTIFYING MARKS, CONDITION, AND VALUE WHEN APPROPRIATE. Z.) f) k LA) inckcd I J .J-Cs' r c:) /1/4) 1/4--"AA 1^ t4 Vv\ 605(909 ) usG Co VI /)0( cr„,)ri.c r. r. 0 (a\:-)) ovod ) dry cords A, oo,,A;:f 3c9)..ss-020 77-7-em SIGNATURE OF WI TNESS f RELEASED BY HAM ORGANIZATION DR6ANIZATI eo T-Ci Shy p SI GH ATU RE NAME ORGANIZATION ORGANIZATION SIGNATURE SIGNATURE szoit 1 a {NEW I0/72 . CHAIN OF CUSTODY CONTINUED ON REVERSE 0105.LIF.10041$20 _-) DODDON 000357 AIN-JF CUSTODY (Contin JI GATE IT EM TIME REMARK S RELEASED BY N AME O RCM] ZAT ON SIGNATURE NAME ORGANIZATION SIGNATURE NAME ORGANIZATION SIGNATURE RECEIVED BY NAME GRGANIZ ASTON SIGNATURE NAME ORGANI Z T SIGNATURE NA MS ORGANIZATION SIGNATURE PURPOSE FINAL DISPOSAL ACTION FINAL DISPOSAL AUTHORITY NA/ix/711u CINGIANIZAVION ntatrz trxtrenso) PERSONS) RECEIVING ITEM(S)/WITNESSING DESTRUCTION SIQNATUFM/DATZ ORGANIZATION HASH 1. 2. 3. 4. MAY IDE carretriunia IN RtMAR KS IP NIECESSARY 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 (CI, TURNED INTO SUPPLY (5), TO ANOTHER AGENCY (A). TO NIS (N), DESTROYED (D), OTHER METHOD (NI) (EXPLAIN IN REMARKS ABOVE), tTIE rots S UM(' 101721 DODDON 000358 A). () 2. c c:›kt-vi . N .) i() ,ftif 1, 1 ,ye c-F. AeLf2A.cr QtyY L Cr¦ lty--0 irN dud, CL) utr c_f 65* C r'c'.5 C / 0 tr, e et, OfLOC t=1, t-s Oft --fp ati\B-ez, F7 e_ cti6e4_ b1 t916/ Ali )" SIL LOV AA- 4,C e ( 04 11-33113 0 I )15 /C r e,.cy:ro 057 / z5 () 0,9 0}, - NAVAL CRIMINAL INVESTIGATIVE SERVICE DELETED PAGE INFORMATION SHEET Pa2e(s) 53. 3 — withheld entirely at this location. One or more of following explain this deletion. Deleted under eKernption(s) I Documents originated with other government aency(ies). Referred for review and direct response to you. Pages contain information furnished by other government azency(its). We will I I advise you of releasabiliry of information following, consultation with . agency(ies). Comments -.eed-1D.ahr\-Q, DELETED PAGE(S) NO DUPLICATION FEE FOR THIS PAGE From: MTAGLE [MTACLE@NCIS.NAVY.MILI Sent: Frida October 08, 2004 1:53 PM To: Subject: RE; Clearance DCII_h Results for: SSN:Hme: DOB // SB: CB: LL: 75 FL: 75 nal From _Mailto: Ifssgdm.usmc.mill Sent: Friday, October 08, 2004 6:27 AM To: 1MTACLE@NCTS.NAVY.MIL ' Subject: Clearance Good Morning, I am currently running a special inquiry case here in Iraq. I need a query run on the following individual to determine if they possess a security clearance. The service member's information follows: Your attention to this matter is appreciated. V/R 1111111111.11111r Special Agent, Naval Criminal Investigative Service Camp Al Taqaddum, IZ DSN: 302-362-0144 NAV. CRIMINAL INVESTIGATIVE. SERVICE DELETED PAGE INFORMATION SHEET Pa .2e(s) 9, /09 One or more of following explain this deletion. withheld entirely at this location. Deleted under exemptionfs) • E=i Documents originated with other government aaency(ies). Referred for review and direct response to you. Pacres contain information furnished by other government aency(ies.). We will advise you of releasability of information following consultation with agtncy(ks). red ---t-c) L YThr)ct_r--; Comments: DELETED PAGES) NO DUPLICATION FEE . - FOR TI-IIS PAGE DODDON 000383 Affidavi'' "7.t" Search Authorization Naval Criminal Investigative kierviee UNITED STATES OF AMERICA VS. USMC BEFORE theallIMMIIIMMI 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 er and other military personnel Physical and/or electronic photographic evidence containin 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 OrderfDeriliction 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 e as follows: information , prior to 09Aug04, he instructed the members of I stMedBn, ls'According to _Cni4inued on Page 2. FSSO, Camp Al-Qaim, IZ, not to take photographs of EPW/Detainees. Signature of Affiant Repr aval Criminal Investigative Service , 2004. - • . Sworn to before me, and subscribed in my presence, this l Sign dministerin Oath Rank, e, it e Page 1 of-1-4 (Formerly NosFoRm 023/03-92) NCIS 558011 (112001) g7'91r Page 2 of Affidavit for Search Authorization in the case ofillgarilrafffiret After interviewing several witnesses who provided signed, sworn statements, I have determined that on 09Aug04, while standing guard over an EPW/Detainee patientlfilit 111.111111111khotographed and/or posed for photographs while aiming an M16 service rifle at the EPW/Detainee in the treatment/resuscitation tent, Camp Al Qaim,ad previously been advised not to take photographs of EPW/Detainees. On USN, was interviewed and related that about two 13Aug04, "external hard drive", withweeks prior to 09Aug04, he borrowed permission, to copy and save various photographs ossessed by While reviewing the multitude of hotographs o n external hard drive", observed a photograph containing the image ofin111.111111111r USMC, as he was standing with an M­16 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 of11111.11111111.1 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 personal and/or materials of evidentiary value maintained within property. Search Authorization Commanu Authorization for Search and Seizure UNITED STATES OF AMERICA VS. aval Criminal Investigative Service TO: Special Agent Affidavit(s) having been made before me by Special Agent That there is reason to believe that on the erson 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 ant 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. Si Rank, ervice, Title Command Page 1 of 1 ormerly NCISFORM 024/08-92) NC1S 5580/7 (2/1999) '-r Search Authorization Naval Criminal Investigative service UNITED STATES OF AMERICA vs. BEFORE the The waders* ed, being duly sworn, requests authority to search: personal "Olympus" digital camera that was seized from him by USN, on 09Aug04. Believing that there is now being concealed certain pro e namely: Physical and/or electronic photographic evidence eontainin 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. 1 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: Aecordin to e seized111111111111ramera under on 09Aug04, subsequent to learning as ni ing p otographs of an EPW/Detainee ued on Page 2. Signature of Affiant Rep re riminal Investigative Service Sworn to before me, and subscribed in my presence, this 17th 2004. Signal s ering Oath Rank, Service, Title Page I of40 (Formerly NC1SFORM 023108-92) DCIS 558011 (I/2001) 3 Page 2 of Affidavit for Search Authorization in the case ofaill After interviewing several witnesses who have provided signed, sworn statements, I have determined that on 09Aug04, while standing guard over an EPW/Detainee patient 1111111rphotographed and/or posed for photographs while aiming an MI6 service rifle at the EPW/Detainee in the treatmentiresuscittion tent, Camp Al Qaim, IZ. According to two persons within his supervisory chain of command,111111111Mhad 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 witnessed...Wake a photograph with his camera. All witnesses interviewed 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 ima es of EPW/Detainees are likely to be stored on the digital camera belonging t 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 simailMer sonal property. ICJ Search Authortiaik Command Authorization for Search and Seizure UNITED STATES OF AMERICA VS. W111111111111111111111111111111MMINIE TO: Special Agental.1111111111Naval Criminal Investigative Service Affidavit(s) having been made before me by Special Agentilill That there is reason to believe that on the person of and/or on the remises own as: currently An Olympus-Stylus 300 digital camera belinging to 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)/Deiainees. 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, Rank, ervme, --(6 Command Page 1 of (Formerly NCISFORM 024/03-92) NCIS 5580/7 (2/1999)