NCIS Report (Death): 13Jun03-SDPE-0125-7XMA/C

<p>NCIS Report of investigation initiated on June 13, 2003 following notification from officers at Camp Pendleton that, on the morning of June 13, a member of a unit &ldquo;reported that on the previous evening (12 Jun 03) at a unit party, a member of the unit named [redacted] told several other unit members (including [redacted]) that he and two other Marines had been ordered by his former [redacted] to execute three Iraqi enemy prisoners of war (EPWs). The executions allegedly took place [on April 6, 2003] while [redacted] unit was temporarily residing at an abandoned Iraqi pharmaceutical factory south of Baghdad. [Redacted] stated that [redacted] threatened to kill him if he did not carry out the executions. [Redacted] also claimed that after executing the EPWs, the bodies were disposed of in an eight foot deep hole.&rdquo; The officer who initially received this report stated that &ldquo;he called in the Marines who allegedly heard [redacted] make these statements . . . each of the (three) other Marines who were present confirmed hearing [redacted&rsquo;s] statements, and believed they were credible.&rdquo; The five Marines were then interviewed, along with three other Marines and a civilian. All of them confirmed the [redacted] version of [redacted&rsquo;s] statements. The Marine who had allegedly made the statement was interviewed. He &ldquo;stated that the alleged executions of EPWs never took place, and stated it was a story he made up. [Redacted] stated he made up the story to tell his friends. [Redacted] stated unlike his colleagues, he didn&rsquo;t have good stories to tell about his deployment to Iraq. [Redacted] stated he was intoxicated, and thought up the story while at the party.&rdquo; He was subjected to a polygraph test on June 18; &ldquo;an evaluation of the examination indicated [redacted] was being truthful in his responses.&rdquo; Accordingly, it was determined &ldquo;no further investigation is deemed necessary. This investigation is closed.&rdquo;</p>

Doc_type: 
Investigative File
Doc_date: 
Monday, June 23, 2003
Doc_rel_date: 
Monday, November 22, 2004
Doc_text: 



//23B/ND/PE//

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

ACTION/LEAD SHEET (DISP) 26JUNO3

SPECIAL INQUIRY (II) CONTROL: . 13JUNO3-SDPE-0125-7XMA/C

I/FIRST FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS

OF WAR

COMMAND/1FSSG, CAMP PENDLETON, CA/28300

MADE AT/SDPE/CAMP PENDLETON, CAMMENINIME SPECIAL AGENT

DISPOSITION DATA

1 = NA

2 = F

3 = NA

4 = NA

5 = NA

6 = G

7 = NA

8 = NA

9 = NA

10 = NA

11 = NA

12 = NA

13 = NA

14 = NA

15 = NA

16 = H

17 = E

18 = NA

19 = NA

20 = K

21 =

22 = NA

23 = NA

DISTRIBUTION

NCISHQ: 0023B

NCISFO: SDND

CASE CONTROL 1.t- bilpAL I

TRANSMIT 7/aid 3 FAX Cfj ik

FOR OF 410L USE ONLY

PAGE 1 LAST AM WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE pARTY(SI CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE_

DODDON 000056

MG0096B

//23B/ND/PE//

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

ACTION/LEAD SHEET (DATA) 26JUNO3

SPECIAL INQUIRY (II) CONTROL: 13JUNO3-SDPE-0125-7XMA/C

I/FIRST FSSG CAMP PENDLETON,CA/ALLEGED EXECUTION OF IRAQI PRISONERS

OF WAR

COMMAND/1FSSG, CAMP PENDLETON, CA/28300

MADE AT/SDPE/CAMP PENDLETON, CA ,411.1111111.1111., SPECIAL AGENT

INVESTIGATIVE DATA

1 = NA

2 = NA

3 = H

4 = F

5 = NA

6 = NA

7 = NA

8 = NA

9 = C

10 = R

11 = U

12 = V

13 = F

14 = E

15 = A

16 = NA

17 = NA

18 = D

19 = D

20 = D

21 = P

22 = H

T

24

25

26

27

28

29

=

=

=

=

=

=

H

H

G

D

NA

NA

30 = C

31 = NA

32 = NA

33 = D

34 = NA

35 = C

36 = NA CASE CONTROL MAIL

37 = G

38 = E

39

40

=

=

B

I TRANSMIT WO 3 FAX 0

CW = NA

FOR OFFICI USE ONLY

PAGE 1 WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY RE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DODDON 000057

FOR OFF I

PAGE 2 QST

13JUNO3-SDPE-0125-7XMA 26JUNO3

I/FIRST FSSG CAMP PENDLETON,CA/ALLEGED EXECUTION OF IRAQI PRISONERS

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

OP = NA

DISTRIBUTION

NCISHQ: 0023B

NCISFO: SDND

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE .

DODDON 000058

MG0093B

//23B/ND/PE//

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

REPORT OF INVESTIGATION (CLOSED)

26JUNO3

SPECIAL INQUIRY (II) CONTROL: 13JUNO3-SDPE-0125-7XMA/C

I/FIRST FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS

OF WAR

COMMAND/1FSSG, CAMP PENDLETON, CA/28300

MADE AT/SDPE/CAMP PENDLETON, CA, SPECIAL AGENT

CASE SUMMARY

1. Inve on was initiated on 13Jun03 following notification

from USMCR, Combat Services

Support Company 135, 1st F , t a aiim 13Jun03, he was

a roached by a member of his unit, USMCR,

41111111reported that on the previous evenin 12Jun03)

at a unit party, a member of the unit named told

several other unit members (including that he and two other

Marines had been ordered by his former

USMCR, to execute three Iraqi enemy prisoners of war

EPWs . The executions allegedly took place in early Apr03 while

unit was temporarily residing at an doned Iraqi

pharmaceutical factory south of Baghdad. stated that

thr a ened to kill him if he did not carry out the executions.

disposed of in an eight foot deep hole. stated after

also claimed that after executing the EPWs, tbodies were

hearin 411111111111story, he called in rines who allegedly heard

make these statements. Ssaid each of the

(three other Marines who were present confirmed hearing

statements, and believed they were credible.

2. Following initial reporting of the incident,

conducted with the five individuals present when

aforcmcnt'

who initially re or -4, cident, the followin

interviewed; Civilian

USMCR

USMCR

persons confirmed version of

exhibits (1) through (5) pertain.

interviews were

de the

ndividuals were

and

aforementioned

statements,

USMCR,

A • th

3. On 13Jun03, 1.111111=1.111111USMCR, amo.11.. was

i 'ewed. Fol owing advisment of rights ansigning of a waiver,

provided an explanation concernin his statements the previous

night, exhibits (6) and (7) pertain. stated that the alleged

executions of Ws never took place, and stated it was a story he

made u . stated he made up the story to tell his friends.

alliralbif o ut his deployment to Iraq. 1 he was intoxicated,

stated unlike his colleagues, he didn't have good stories to

tel

and thought up the story while at the party.

4. On 18Jun03, OM= agreed to participate in a polygraph

FOR OFFIC4000, ONLY

PAGE 1

THIS DOCUMENT IS THE PROPERTY OFTHE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYIS) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DODDON 000059

WARNING

13JUNO3-SDPE-0125-7XML.2 26JUNO3

I/FIRST FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

examination, exhibit (8) pertains. .111111 was posed questions

regarding the alleged executions of Iraqi EPWs. Followin t e

polygraph, an evaluation of the examination indicated was

being truthful in his responses.

5. Based upon the results of the polygraph examination, no further

investigation is deemed necessary. This investigation is closed.

EXHIBITS

(1) Statement of

(2) Statement of

(3) Statement of

(4) Statement of

(5) Statement of

(6) Rights Waiver

(7) Statement of

DISTRIBUTION

NCISHQ: 0023B/23CP (M)

INFO: SDND/SDVD .(4)

13Jun03...(Copy 23B only)

13Jun03...(Copy 23B only)

13Jun03...(Copy 23B only)

3Jun03. .(Copy 23B only)

13Jun03...(Copy 23B only)

13Jun03...(Copy 23B only)

3Jun03 ... (Copy on_

(8) IA: Results of Polygraph Exam -

USMC/18Jun03...(Copy 23B only)

CASE CONTROL

IL 1111pliuk

TRANSMIT I

a

'

FOR OFFIegillinE ONLY

PAGE 2 ST MOD WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DODDON 000060

STATEMENT

Place : Naval Criminal Investigative Service Resident Agency, Camp Pendleton, California

Date : 13Jun03 Time: 1100 A.M.

LIIIIIIIIIIMMINIIIIIWSMAINIMInmake the following free and voluntary statement to

SmialAgen1111111111111.whom I know to be a Representative of the 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 the murders of

Iraqi Enemy Prisoners of War.

dpFor identification purposes, I am allallimale, Mall and weighalpounds. I haw hair and

yes. I was born in11111111111111111111.Mon My social security number is

I am allIallbin the Marine Corps Reserve. My MOS is 3533, Logistics Vehicle

System (LVS) operator. I am currently assigned to Combat Service Support Company 135, based out

of Ft. Lewis, WA. I have been with this command since December, 1998. I have been in the Marine

Corps Reserve since June, 1998.

(

OI came forward because I was concerned aboutal./.11111116 USMC, and his mental and

emotional condition. Last night (12Jun03),..111111110made a claim that I found disturbing, and I

felt I needed to report it. My unit returned home from deployment in Iraq this past Wednesday,

11Jun03. Since our return to Camp Pendleton, the guys in our section have been out partying each

night. Our section has been very close since we were activated. On 12Jun03, our section went over to

ON/Millaillilltother in law's home in Fallbrook for a welcome home party. We started

partying about 1700, and lots of people were coming and going from .11/1/11.11 mother in law's

home. We were all partying and drinking really heavily. At approximately 2300, I went out of the

house with my brother, Civilian. We left the house out of the back, and went around

the side of the house. We were leaving to go out to a local casino. As we were walking on the side of

the house, I sa and 011111111111.tanding there talking. alliallilawas

crying. After we walked up, filliallallaa.walked up. We asked 0011111.1.what was

going on. - told us that around 06Apr03, he was in a convoy to Marine Base "Yankee

Stadium" to support 11 th Marines. The convoy left "Yankee Stadium" in the evening time, and decided

to stop for the night about six miles north of "Yankee Stadium" at an abandoned Iraqi pharmaceutical

factory, 15-30 miles south of Baghdad (I knew about this pharmaceutical factory because I went to it in

a separate convoy three days afteilludindid). 111111.111111.said when the convoy arrived,

they were ordered to secure the buildings, and a place in the compound they would be sleeping.

alinillialsaid they had at least one Enemy Prisoner of War (EPW) with them.

image 1 of 3

Voluntary Sworn Statement of

SMC, 13Jtm 03

DODDON 000061

NCIS 5580/26 (1/2001) (Formerly NCISFORM 016/0441)

)

le He didn't say where they picked up the EPW's but I assumed it was from inside the com ound.

said went two Marines, 1111111111111111111.and

around to another building to stand guard and provide security. said when they were

gone, ave an order to IIIIMINIMII.and another MP (he did not specify the MPs

name, but said he was a Corporal with the 271, which supported the air wing), to execute the EPW's.

11111111111.1111said the EPW's, were tied up and gagged. 11111.1111111Said 1111.111111111ordered

them to shoot them at the same time explosions were going off, so the other Marines couldn't hear the

gunshots. 11111111.11110said he and the MP Corporal executed the EPWs, but didn't explain why

they would do that, or why ave such an order. 11111111111111. said after they executed

the EPW's, he then dug a six to eight foot hole and buried the EPW's there. 01111.11111111aid they

then drove a five or seven ton truck over the hole to pack the dirt down.

• Everybody who was standing there 111111. myself, my brother were

disgusted by 111111111111111.tatement. We were disturbed by it, and went and got glINOMM

nd told him about what 1111.11.11.1had said. 411111111111111.1related the same story to

UMINIMIlthat he had told us. I came forward with what ad said because I was

worried about his emotional and mental state. I was worried about him, because sporadically

throughout the deployment, he would make jokes about how his father would mentally and physically

abuse him. 11111111111111111told me once his father had put a gun to his head, and told him that he

could kill him right there. Basically, in my opinion anything could have happened in Iraq, and that's

what made claim easy to believe. But I thought that 1111111111111111111vas

suppressing issues with his dad, and needed an outlet, and get people focused on him. I think he made

the story up about the killing of the EPW's as a sort of cry for help, in order to focus attention on him

and his real issues. I think his statement about the EPW's was driven by his emotional state, and the

alcohol he had. I saw this morning in the First Sergeant's barracks room. He

told me everything he said the night before was a lie, and that he felt bad about himself now because he

is marked as a liar. 11111111111111111said he felt he let us down.

Page 2 of 3

Volun Sworn Statement of

SMC, 13Jun 03

DODDON 000062

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

0 This statement, consisting of this page and two (2) other pages was typed for me by Special Agent

61.1111111.and 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 o_ f my knowledge and

belief.

Signa

Sworn to and subscribed before me this thirteenth day of June in the year 2003 at the Naval Criminal

Investigative Service Resident Agency, Camp Pendleton, California.

Special Agent, U.S. Naval Criminal Investigative Service

AUTH: SECNAVINST 5520.3B OF 04JAN93

Witnessed:

pecial Agent

U.S. Naval Criminal Investigative Service

allikPage 3 of 3

Volun Sworn Statement of

USMC, 13Jun03

DODDON 000063

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

service business.

STATEMENT

Place : Building #1224, MCB, Camp Pendleton, CA

Date : June 13, 2003

111/1' make the following free and voluntary statement to OM

ANNIMItivhom 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

statements made by 111.11111.1 alror the purposes of identification I am allIllarnale, approximatelyabinches tall anddlIllkunds. I

have411111hair andellftyes. I was born 01.11111111ineMMIII I currently reside at Ma

My home phone number is I am self-employed in the tree

01* arrived in Oceanside on Monday June 9th, 2003 to wait for my brothers return from Iraq. My brother

isall111111111111. My brother got back on Wednesday and we have been han ing out since his

return. Last night June 12th, 2003 one of the Marines from unit, invited us to his

mother-in-law's house in Fallbrook for a welcome home party. We got to the house about 1600-1630.

There were several Marines from UM section at this party. I do not drink, but most of the Marines

there were drinking mostly beer, I think. Some of them may have done a couple of shots, but I'm not

quite sure what it was they were drinking

Otwith and was telling a story from Iraq. When the Marines initially

about 2230 or 2245 I walked around the corner of the house and saw standing there

ith some other Marines

saw me they all stopped talking. Shortly after 411111111111111repeated the story he was telling them

when I interrupted. 411111111111111aid that during a specific mission, I don't know when, he and two

other Marines were ordered by to shoot three EPW's. GIIIIIIIIIIIrlidn't believe these

people were EPW's, but 11111111111111.said there was no where to keep them so they needed to be killed.

said he didn't want to do it but when he objected 111111.1111.told him he better do it or

IIIIIIIIIIIIIIIvould be right there with the EPW's. 1111111.1111111111said thataMMINOwould order

one of the Marines to shoot an EPW, from behind, in conjunction with a bomb being dropped on

Bagdhad, so the shots could not be heard from any other Marines in the area. 111111111111111taid he

dug about an eight foot hole that the bodies were placed in anit e hole was filled he drove over it

several times with his vehicle so it wouldn't look out of place.

i

lipWhile 011111111111was telling the story he was crying. 11111111111/11111also said that he had been

holding this in for almost two months and he needed to get it off his chest. 4111111111111.said that after

this incident Bwould exclude him and the other two Marines from whatever the rest of the

Marines were doing...I

0 I believe as telling the truth. This didn't sound like a story that someone could make

up.

DODDON 000064

Page 1 of 1

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

EXHIBIT ( a )

-ontinuation of voluntary sworn statem of

6111.11111111111111111111111111.1110

on June 13, 2003

This statement, consisting of this page and 1 other page(s) was typed for me b3111111111111.

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 s e owledge and belief.

Signatu

Sworn to and subscribed before me this day of JUtlie

M 0 S (24 04-60) I OLE-1-7,

in the year W03 at

Witnessed:

Representative, Naval Criminal nvestigative Service

AUTH: DERIVED FROM ARTICLE 136,

UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303

DODDON 000065

Page 2 of 2

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

STATEMENT

Place : NCISRA, Camp Pendleton, CA

Date : June 13, 2003

USMC , make the following free and voluntary statement to

11111111111111111111111111.1111 whom I know to be a Special Agent 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

statements made byallaill.1111113n 12JUNO3.

As background, I am an ale". tall, weighing Ilikounds and my SSN i41/110

first met pproximately 4 1/2 years ago at our reserve center in Vienna,

OHIO. During that time, I would least one time per month or when we stood

additional reserve duty. I hold the position o NCOIC and have for the entire 4 1/2

years I have known him and I feel I know him well.

is a good Marine and always does what you ask him and does it well. 00111111110 is

a good person, he would take his shirt off his back to keep you warm, he is a good MARINE. I have

never known to embellish a story, to, lie or anything like that...he is always straight

forward.

While we were in Iraq, in Al Kut, in the beginning of May of 2003, came to me and told

me he was having problems sleeping. MIEINIMOsaid, "I knew I was able to come and confide in

you, because you were the only one who would listen to me and would help me." 11/111111111110old

me he was having nightmares about his trip up,North to Iraq. IMMOinsaid he saw a lot of dead

bodies on the side of the road and this was making him have nightmares. 111111111111111115said, in his

dreams, he would see dead bodies with no eyes and they only had white behind them and the bodies

were not coming towards him, but were laying there staring at him. 11/111111.6 told me this would

wake-hini up cverirtir taid-me-h

fall asleep, so he told me he was afraid to sleep. I told would take him over to the doc

to see if we could get some medication or some type of help for him to go to sleep. al.111.1

stated, "I don't want to go to the doc, because if I do, they might keep me in country longer and I don't

want to be in this country any longer than I have to...I'll take care of it when I get home." I informed

11111111111111.if there were any other problems, just to come to me and confide in me until we get

back home to our unit and we'll see if we can get some help. I sawallininevery day until we

came home and I noticed that he was able to sleep a little during the day time, but at night he was

always awake. I think the incident must have happened during the evening time and that is why he has

a problem sleeping at night.

On 12JUNO3 at approximately 1745, we were at home, she is mother-inlaw.

111111111111111116was having a dinner for the troops as she did before we left for Iraq. Motor

Transport troops were present: firairilne, myself,

other, father, sister-

DODDON 000066

Page 1 of 1

NCIS 5580/26 (2/1999) (Formerly NCISFORM 016/04-81)

EXHIBIT ( 3 )

Continuation of volunta sworn statement of

USMC

on June 13, 2003

in-law and iMillin All of us were having drinks and dinner and visiting each other, talking to

everyone. After dinner, around 2130, I went in to use the head and upon my return, I looked for the

group of CORPORALS and rother). I

didn't see them and thought they had gone to look atill111111111mother-in-law's puppies. I did not see

them with the puppies, so I walked outside and around the corner of the house and found the group and

everyone was just about in tears, eyes watering. They all had a look on their face like they had lost

something that was dear to them and I asked the group what was going on. The group informed me,

"You do not want to know." I asked them three times and finally they said, "If we tell you, you

promise you aren't going to tell anyone." I told them, I've been with you guys this long, you are my

Marines, I am going to look out for you. Then, 41111.111111111told me the situation.

111111111111111111111words follow: "Remember when I talked to you in Al Kut (Iraq) about seeing the

dead bodies and the eyes, that was part of the story. I didn't tell you the whole story, but what I really

was seeing in my dreams....(as his eyes were tearing)...we went to do a mission (Operation Walmart).

There were three (Iraqi) civilian EPW's that we picked up (from south side of the area somewhere) and

were taken to the back of the building (pharmaceutical plant) and we a grunt and a

third Marine—maybe an MP.. 011111Mand 2 LCPLS) had to bag and gag them, on orders from the

Once we bagged them, we had to dig 3 shallow graves, about 8 feet deep or so. The

there. I thought that was weird because there was noone else back there besides us four

Major posted sentries at either end of the, building before we went back so noone would come back qj

1111111111111112 LCPLS and imp and the. EF'W's. Theallitold us, "You guys will shoot these

individuals now and I said, "Sir, this is wrong, I don't think we should do that." Theold me,

"You were given a direct order by , me, either you take and you do it or you'll be in that same hole with

them." (At that time, we all teared up hering the story)11111111111111111111111went on to say: "We were by

the holes, the—was watching the sky to see when artillery was being shot off to cover up the

sounds of the M-16's going off (killing the,EF'W's), so noone from the front would come around the

building. The would look at the sky, see the flash of light, and count down '5-4-3-2-okay

shoot', because there was about a 4-5 second delay between the flash of light and the sound that would

hit your-are&---Thelliir di€1-this-a-Goupi e eeeies_were_pla

placed into the shallow graves, we covered the bodies over and brought a Hummvee to the rear of the

building and drove back and forth over the gravesites to make it look like a path for vehicles and to

cover any indication it was a gravesite."

aIIIIIIIIM told me after that, the fiawould keep them off the road, wouldn't put them on the

road during convoys. The ept them at the rear with other personnel. At this time in his

detailing of the story, is visibly shaken, has tears and at that time, I walked away from

them because I was so disgusted with ,„, the . I collected myself and toldiMOMM"I am not

mad at you, I am just pissed off at the and that I wasn't there with you to help you guys out."

After that, the conversation was pretty much over, so we just stopped talking about it.

On Friday, 13JUNO3, First was apprised of the situation and asked all of

us who witnessed conversation how we would rate it on a scale from 1-10, 10 being

the most believable...we all said "10".

DODDON 000067

Page 2 of 2

NCIS 5580/26 (2/1999) (Formerly NCISFORM 016/04-81)

ro 'nuation of voluntary sworn statement of

i(JSMC_

on June 13, 2003

This statement, consisting of this page and 2 other page(s) was typed for me by

as we discussed its contents. I have read and understand the above statement. I have been given the

opportunity to make any changes or corrections I desire to make and have placed my initials over the

changes or corrections. This statement is the truth wledae and belief. •

Signature:

Sworn to and subscribed before me this (1 day of

0 CA 512-6 er\c..6 cpc

Witnesse

4/ el C.

in the year Zoof at

AU

!Investigative Service

.3B OF 04JAN93

DODDON 000068

Page 3 of 3

NCIS 5580/26 (2/1999) (Formerly NCISFORM 016/04-81)

\17

STATEMENT

Place : NCISRA Camp Pendleton, CA

Date : June 13, 2003

I, USMC, make the following free and voluntary

statement 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 the reported deaths of three Iraqi Enemy Prisoner of War (EPW) personnel.

For identification purposes, I am an adult male, born on-n./1111.111111 I enlisted in the

United Sates Marine Corps Reserve (USMCR) circa Feb98 and went to recruit training at MCRD San

Diego, CA, circa May98. Since Oct02, I have been a drilling reservist with the 4 114 Landing Support

Battalion (LSB), USMCR, at Fort Lewis, WA. Prior to being recalled to active service on 12Feb03, I

was a full time student at the University of Washington in Seattle, WA, where my course of study was

Biology. I reside at ith my wife

and two children.

Circa Apr03, I was assigned duties as a tactical vehicle driver with -the Motor Transport (MT) section

of Combat Service Support Company 135 (CSSC-135) while deployed in support of Operation Iraqi

Freedom. My duties involved support of unit mission to include convoy operations.

On 10Jun03, CSSC-135 arrived back at Camp Pendleton, CA, from Kuwait. On the evening of

12Jun03, my mother-in-law,4111111111.Mand her husband, invited me, and approximately twenty

(20) to twenty-five (25) of my friends assigned to the MT section to their residence located atm

all111111M1111111111111.1.in order to have a welcome back party. The party was held both

inside and outside of the residence and included a barbeque (BBQ). During the BBQ, both soft drinks

and alcoholic beverages were served.

At approximately 2200, 12Jun03, 11111111111111111111111,SMCR, CSSC-135, pulled me aside in the

backyard and asked to speak to me in confidence Sounded serious. went on to tell

me that circa mid-Apr03, I don't recall the exact date, while he was participating in a site investigation

at A.C.A.I. Pharmaceutical Company, approximately twenty (20) to forty (40) miles south of Baghdad,

Iraq, he had been ordered to participate in the execution of three EPW personnel. told me

that he had been one of three Marines, ordered byallIMIMMUSMCR, to shoot the three

EPWs. According to e initially refused to carry out the order; however, he was informed

by hat he (11111111111vould likewise be shot if he did not follow the order.

The other two Marines, according toe111111.were from other units and as such, he did not know

their names.

.0111110ndicated that the shooting of the three EPWs were timed byeall111111111to occur

simultaneously with the noise caused by the explosions of nearby artillery rounds.

411.11 DODDON 000069

3 7v/4-ado 3

Page 1 of 2

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

EXHIBIT (

•ntinuation of volunt sworn stateme- • of

USMCIMAIINI

on June 13, 2003

After the three EPWs were killed, according teeing they were buried. A HUMVEE tactical

vehicle was used to repeatedly back over the loose dirt in an attempt to compact the dirt.

At the time of the reported incident, I was a Camp Chesty in Iraq. I had no knowledge of these or any

other actions reported by other personnel.

I have know11111110since our units activated at Camp Pendleton. For a four month period

overseas, we were very close in that we worked together daily in the same MT section. On occasion, wand I would talk about all kind of topics to include personal matters. I foundaIIIIIIIto be

likable and a good friend.

Based on my relationship with I have no reason to doubt the truthfulness of his recollection

of events related to the EPWs. At the time he told me of the incident, he appeared to be in full control

of himself and not acting as a result of any form of intoxication. In my opinion, IIIMINivas clearly

disturbed by whateVer had happened.

I have no specific information regarding this incident other than that reported above.

This statement, consisting of this page and 1 other page(s) was typed for me by as we discussed its

contents. I have read and understand the above statement. I have been given the opportunity to make

any changes or corrections I desire to make and have placed my initials over the changes or

corrections. This statement is the truth to the best of my knowledge and belief.

Signature:

Sworn to and subscribed before me this day of

in the year,RCIP3 at

Representative, Naval Criminal Investigative Service

AUTH: DERIVED FROM ARTICLE 136,

UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303

DODDON 000070

Page 2 of 2

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

STATEMENT

Place : NCISRA, Camp Pendleton, CA. Building 1224

Date : June 13, 2003

OI,1111111111.1111.111111 make the following free and volUntary statement to111111111111111111.

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 statement made by./.

11111111111fti

#1It or the purpose of identification, I am .1111inale,41111tall, weighing/Wounds. I have 41111111plair

andellleyes. My social security number ism-and I was born on

dim

0111bn 12JUNO3, at approximately 2230, I was attending a party at other-in-laws

residence, located in Fallbrook, CA. I was walking outside the house in the garden when I saw alb

filiMandaMilltitting on a fence talking. 11.111/1/1/was "teary eyed" and asked me to

go away. .1111111011ktated, "No, you need to tell him because he was there and knows what you are

talking about". .111/1/11/Mand his brother 41111111111were walking with me and joined the group.

elayed the following story to us: ma

01111PTowards the end of March 2003, a few days prior to the liberation of Baghdad, MOM

Was in a convoy of vehicles on its way to "Yankee Stadium", Baghdad. The convoy was diverted to a

pharmaceutical manufacturing plant approximately 10 miles south of Baghdad off Highway 1. As

_helped secure the facility 3 Iraqi civilians were located. the

.111111141111110of the convoy ordered-to take the civilians behind one of the buildings and

execute them as the unit had no facilities for securing them. A Marine from the 271st Airgroup, who

are based out of Cherry Point, NC, assisted MID Also present was another unidentified Marine

and a Military Policeman. MIIMININI instructed the men to time their rifle shots with the

explosions that could be heard of American artillery hitting the outskirts of Ba hdad. _stated

words to the effect that he questioned the executions and was told by that if he did not

obey the order he would be lying on the ground next to the civilians. The Civilians were shot and

1111/11.11/told the men to dig a grave. 111/1/11111stated that he helped dig a hole approximately 8

feet in depth. The bodies were then put in the grave and the area driven over by Humvee vehicles to

help camouflage the disturbed dirt...

0.01.111111111.hen walked outside and came over to our group. After some initial reluctance from the

group, decided to let what happened. counted the story again

forlralrabAt first, was "pissed off'. /111.11was upset, AMUR once in Kuwait, had

told him that he was having nightmares of seeing all the dead bodies. allnisked1111.11111111 the

bodies in the nightmares he was having were from what happened at that plant and /111111111replied

"yes". The group decided not to tell anyone and keep everything to themselves until they could think

about it and decide what was the best way to handle the situation...

DODDON 000071

Page 1 of 1

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

\Le

EXHIBIT (

r:ontinuation of voluntary sworn statem of

on June 13, 2003

•After had told me what happened, I recalled that I went to the pharmaceutical plant a few

days after this incident. I was scheduled on a convoy to go there with 11111.11.19was taken

off the manifest and specifically not allowed to go. This was unusual to me but at the time, I did not

question it. While at the plant we contacted some Iraqi civilians. These civilians acted differently

from the other civilians I encountered in Iraq. The civilians were crying when we took them into a

room to feed them and appeared terrified...,

have known for approximately 5 months. We worked together constantly. I do not believe

that he would make something like this up. To my knowledge,M1111 has never lied to mean

E. This statement, consisting of this page and 1 other page(s) was typed for me by 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:1Mo

Signature:

Sworn to and subscribed before me this (3 day of 1r,A.,e in the year 2..ost.) at

Representative, al Criminal Investigative Service

AUTH: DERIVED FROM ARTICLE 136,

UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303

DODDON 000072

Page 2 of 2

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

Witnessed

MILITARY SUSF PT'S ACKNOWLEDGEMENT ANT VAIVER OF RIGHTS

Place: \JCASP-A- C_AM

Date : Oc:)3

(---4E--SGT 0e- 0 Ski C__ , have been

advised by ,sA that I am

suspected of C oS I 1.3 6 'TIA DE Fir \-t- d R4G ki\tt S-3 P12-c Ok.)1).._

U.DA

I have also been advised that:

1 1 ) I have the right to remain silent and make no statement at all;

) Any statement I make can be used against me in a trial by court-martial or other judicial or

administrative proceeding; 11P) I have the right to consult with a lawyer prior to any questioning. This lawyer may be a

civilian lawyer retained by me at no cost to the United States, a military lawyer appointed to act as my

counsel no cost to me, or both;

I have the right to have my retained lawyer and/or appointed military lawyer present during

this interview; and

111.) I may terminate this interview at any time, for any reason.

I understand my rights as related to me and as set forth above. With that understanding, I have

decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a

lawyer present at this time. I make this decision freely and voluntarily. No threats or promises have

been made to me.

Signature e.:1/4 1111/V() Date & Tim

Witnessed:

At this time, I, , desire to

make the following voluntary statement. This statement is made with an understanding of my rights as

set forth above. It is made with no threats or promises having been extended to me.

DODDON 000073

NCIS 5580/20 (1/2001) (Formerly NISFORM 001/04-81)

EXHIBIT (

STATEMENT

Place : NCISRA Camp Pendleton. CA

Date : June 13, 2003

61111.1111111111111USMC(R)M1111111, make the following free and voluntary statement to

Special Agen 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

statements I made about causing the death of an Iraqi Enemy prisoner ofwar.

0/For identification purposes, I am alliMmale ¨tall and weigh/Wounds. I have...Ilia& and

gillbeyes. I was born in on My social security number

dliai I am 4111111111b the U.S. States Marine Reserve. My MOS is 3521 - Diesel Mechanic. I am

currently assigned to Combat ServiceSupport Company 135, based out of Ft. Lewis. My original unit,

is 4th Landing Support Battalion in Vienna, Ohio. I have been in the Marine Corps reserve since 1998.

ast night, June 12, 2003, I went to a party in Fallbroolc, CA at other in law's

house. I returned from deployment in Iraq with my unit on Wednesday, 11Jun03. I went to the party

with a group of people from my unit. While I was there, Ipartiedith a number of friends from my

unit including andellillin

ellIlltbrother. We arrived at mother in laws house at around 1700. We stayed until around

2300 or 2330. While I was at the party, I had alot to drink, including a twelve-pack of Tecate beer and

five or six shots of tequila. By the time we got ready to leave, I was intoxicated. Before we left,

and his brother an and I were standing near the

driveway of the house talking. We were talking about probably Iraq, and what we had all done there.

(Earlier that night, all of us were standing around talking about our deployment in Iraq, and everybody

seemed to have a good story except me. I didn't have a story, so I started thinking up a story so I could

feel like I would fit in with everyone else.) As we were standing there talking in front of the house, I

decided to tell everybody the story I concocted. I told them that during the deployment, I was part of a

convoy taking ammunition to 11th Marines. I said that as we were heading back to our base, we pulled

into the AKJA Phamaceutical factory along Highway Six in order to bunk for the night. Everybody

else had been to the factory, so they knew what I was talking about. I stated that when we pulled into

the factory, we had captured three Iraqi's, who probably lived out in back of the factory. I said that

11111111111Mhad ordered us to shoot the Iraqi's. I said that when gave that order, there

were two other Marines with us, a guy from 271 and a Marine from the grunts. I stated that when I

refused to shoot the Iraqis, told me that if I did not shoot them, I would wind up in a hole

with them. I told them told us to shoot them at exactly the moment when artillery shells

were falling nearby, in order to cover up the sounds of the rifles. I said after we executed them, we

dug an eight (8) foot hole and buried them. I told them that after we buried the Iraqis, we ran over the

dirt with Humvees, in order to pack the dirt down. As I told them the story, some of the guys would

say something about what happen, and I'd grab hold of it and use it. For example, when I stated that

we'd packed the graves down with Humvees,M1PEIMistated he'd seen the tire tracks at the

factory compound. When I finished telling my friends the story, they were really freaked out, and

some of them cried. I didn't tell any of my friends at the time that this was just a made up story, and

DODDON 000074

NCIS 5580/26 (1/2001)

Page 1 of 1

1•6 (Formerly NCISFORM 016/04-81)

\°\

EXHIBIT ( -** )

_Continuation of voluntary sworn stateme - + of

AIIIIIMININRJSMC(R)11111111. .19

on June 13, 2003

Ohat the shooting of the Iraqi's never actually took place. I didn't tell them because I thought I'd look a

liar in their eyes if I did. I was really intoxicated when I told them this story, so I do not remember

whether I was crying or not.

Pe story I made up was not true, and I'm sorry that I made it up and caused problems for my friends.

I never shot any Iraqis while I was deployed. I included in the story because I knew

nobody would talk to him again, and that everybody thought he was a piece of shit anyway. I used the

pharmaceutical factory in my story because I knew all of my friends had been there, and so my story

would sound more believeable. I made up the part about the guy from 271 because I knew nobody

would have any contact with them. And I knew nobody would pursue my story about the grunt

because I didn't mention the name of this guy. While I didn't likea011111.I don't think he would

ever kill anybody. Plus, the entire time I was deployed, our unit never captured any prisoners. Even if

we had, Camp "Yankee Stadium" was only a mile and a half from the factory, and there were Marines

from 11th Marines on Highway Six outside the factory, who we would have dropped prisoners off

with. .

110° have been to the Iraqi Pharmaceutical Factory twice, on the first and third trips my unit made there,

but I don't remember the dates. We never encountered any Iraqi soldiers or other opposition there. I

had nightmares in Iraq because I didn't like dead bodies, and had nightmares for a two to three week

period after seeing some dead Iraqi's on a road. But I haven't had nightmares since then. In my past,

I've had a history of telling lies. My story about the execution of the Iraqis was another lie. What I

told my friends didn't happen, and I'm sorry for it.

"his statement, consisting of this page and 1 other page(s) was typed for me by 5peal.AgAa AM

imilis 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 ofinvJcrlowledge and belief.

Signatur

Sworn to and subscribed before me this I S day of J in the year Zoogat

R sentative, Naval Criminal Investigative Service

AUTH: DERIVED FROM ARTICLE 136,

UCMJ (10 U.S.C. 936) AND 5 U.S.C. 303

DODDON 000075

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

9)9

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE

ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED

WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. C- 3\

EXHIBIT ( 9

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

TITLE: Ill FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF

WAR

CCN: 13JUNO3-SDPE-0125-7XMA

INVESTIGATIVE ACTION: RESULTS OF POLYGRAPH EXAM

USMC

On 18Jun03, after executing enclosures (1) and (2), USMC, was

administered a polygraph examination in conjunction with this investigation. The following are the

relevant questions utilized and ellinallisponses thereto:

(a) Did you shoot any Iraqi EPW's?....No

(b) Did you shoot any Iraqi EPW's while in Iraq?....No

Following chart evaluation, and prior to NCISHQ Quali Control Review, no opinion could be rendered by

the examiner. During the post-test interview, id not provide any explanation for the test

results.

On the same date,61111111111.was administered a second polygraph in an attempt to resolve the no

opinion results. The following are the relevant questions utilized and his responses thereto:

(c) Did you shoot any Iraqi EPW's?....No

(d) Did you shoot any Iraqi EPW's while in Iraq?....No

Following chart evaluation, and prior to NCISHQ Quality Control Review, in the opinion of the examiner

0111111111. was being truthful when responding to these relevant questions.

ENCLOSURES

(1) Military Suspect's Acknowledgement and Waiver of Rights form 18Jun03

(2) Polygraph Examination Waiver form......8Jun03

BIOGRAPHICAL

EAAPLOYME

SSN:

DOB:

POB:

RESIDENCE: •

OTHER:

• • • Il e a

MCB CAMFPENDLETON, CA

race...ex: male

n-1-35,-Eteos.

DATA

• •• •

41111111111111111

Reported By:

Polygraph Examiner

Office:

NCISPS MCAS MIRAMAR, CA

DODDON 000076

WARNING

PAGE 1 OF 1

Signature

Date & Time: Zoojoe,

MILITARY SUSPECT'S ACKNOWLEDGEMENT AND WAIVER OF RIGHTS

Ac3

Place: NCISRA4CAMP PENDLETON, CA

Date : June 18, 2003 : o 72 6 1111111

have been advised by Special Agen that I

am suspected of false official statements and homicide.

I have also been advised that:

) I have the right to remain silent and make no statement at all;

Any statement I make can be used against me in a trial by court-martial or other judicial or

admi • ative proceeding;

) I have the right to consult with a lawyer prior to any questioning. This lawyer may be a

civi an lawyer retained by me at no cost to the United States, a military lawyer appointed to act as my

couns ti pn o cost to me, or both;

) I have the right to have my retained lawyer and/or appointed military lawyer present during

thisjr

iew; and

) I may terminate this interview at any time, for any reason.

understand my rights as related to me and as set forth above. With that understanding, I have

decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a

lawyer present at this0_t •6 e. I make this decision freely and voluntarily. No threats or promises have

4 1

been made to me.

Witnessed:. 41lNllIllpll k

(

DODDON 000077

Page 1 of 1

NICTC Ccaniln Intunnell

(d) the area in which the*nation is to be conducted (does) (Eieesqvat) contain a two-way mirror or

similar device;

(e) the • which the examination is to be conducted (does) (40111Pcontain a camera;

(f) the area in which the examination is to be conducted (

device and the polygraph examination may be monitored.

) contain an audio recording

DLYGRAPH EXAMINATION WA SR

Place : NCISRA MCB CAMP PENDLETON CA

Date : June 18, 2003 ' D f 24 —

ave been requested by Special Agenal.11.11.1111111.f the Naval Criminal

Investigative Service to submit to a polygraph examination relative to my knowledge of and/or participation in:

false official statements and homicide. 0111.

With respect to that request, I have been advised that:

(a) I have the right to c It with a lawyer prior to making any decision concerning the

examination;

(b) the polygraph examination will only be conducted with my prior written consent; 4111111_____

(c) no adverse action • be taken against me solely on the grounds that I refuse to consent to the

examination;

11101. ith an understanding of the above conditions, I have decided that I do not desire to consult with a lawyer at

this time. I freely consent to be examined by polygraph and I agree to cooperate fully with the examiner during

the examination. I make these deci ' s freely and voluntarily, and they are made with no threats having been

made or promises extended to me

Signature

Date/Time : Z.0CC000/ 3 2_

Witnessed:

DODDON 000078

(Formerly NCISFORM P006/11-95)

ENCLOSU2R7E)2(4j

Page 1 of 1

NCIS 5580/24 (2/1999)

SPECIAL AGENT

U.S. NAVAL CRIMINAL Ilv—ESTIGATIVE SERVICE

340922 05:24 20030620 4:23HQ #3711 OUT:CIS #3028-._

ACTION/LEAD SHEET (RUC) 19JUNO3

SPECIAL INQUIRY (II) CONTROL: 13JUNO3-SDPE-0125-7XMA

I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF

WAR

COMMAND/CAMP PENDLETON, CA/28300

MADE AT/23CP/NCISHQ WASHINGTON, DCANI111111111111

REFERENCE

(A) SDPE ALS/17JUNO3

CASE SUMMARY

1. Authority is granted to administer a polygraph examination

as requested by Reference (A). Approval number for 1111.1111111.0

is 2003-0330.

ACTION/LEAD

A.SPVD...Provide services of polygraph examiner.

I.DIST...For Information

DISTRIBUTION

NCISHQ: 0023

ACTION: SDVD

INFO: 0023CP/SDND/SDPE

FOR OF10111.1P USE ONLY

PAGE 1 LAST 11111,

NNNN

DODDON 000079

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SER VICE.

(

(

MG0092B

//23B/23CP/ND/PE//

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

ACTION/LEAD SHEET (OPEN)

17JUNO3

SPECIAL INQUIRY (II) CONTROL: '13JUNO3-SDPE-0125-7XMA

I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF

WAR

COMMAND/1FSSG, CAMP PENDLETON, CA/28300

MADE AT/SDPE/CAMP PENDLETON, cA4101.111111, SPECIAL AGENT

CASE SUMMARY

I. Investi ation was initiated n03 following notification

from USMCR, Combat Services

Support Company 135, 1st FSSG, that on the morning of 13Jun03, he was

a roached a member of his unit, USMCR,

41111111reported that orielliriLILIIM ' 12Jun03)

at a unit party, a member of the unit named told

several other unit members (including t at he and two other

Marines h een ordered by his former

USMCR, to execute three Iraqi enemy prisoners o war

(EPWs). The executions allegedly took place in early Apr03 while

111,!!!tical factory south of Baghdad. 41111111stated that 41111111

unit was temporarily residing at an abandoned Iraqi

threatened to kill him if he did not carry out the executions.

also claimed that after executing the EPWs, the bodies were

disposed of i n eight foot deep hole. 11111111111111111.1111111.tated after

head story, he called in the Marines who allegedly heard

make these statements. said each of the

three) other Marines who were present con irmed hearing

statements, and believed they were credible.

2. Following initial reporting of the incident, interviews were

conducted with the five individuals present when made the

(

who initially resorted

inte iewed;

MCR

persons confirmed

exhibits (1) through (5)

cident, the fol owin• individuals were

Civili

USMCR, and

• of the aforementioned

ersion of statements,

pertain.

3. On 13Jun03,11111.1111111111M USMCR,

provided an explanation conceriiiiiliir statements

night, exhibits (6) and (7) pertain. stated that

executions of EPWs never took place, and stated it was a

made IMMOnstated he made up the story to tell his

stated unlike his colleagues, he didn't have good

tell about his deployment to Iraq. stated he was

and thought up the story while at the party.

FOR OFF1101ritSE ONLY

PAGE WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REOUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DODDON 000080

was

interviewed. Fol owing advisment of rights and signing of a waiver,

the previous

the alleged

story he

friends.

stories to

intoxicated,

13JUNO3 -SDPE-0125-7XD 17JUNO3

I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF

U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

4. Polygraph authorization is requested for MIN to accurately

determine the validity of his version of events.

EXHIBITS

(1) Statement of

(2) Statement of

(3) Statement of

(4) Statement of

(S) Statement of

(6) Rights Waiver

(7) Statement of

ACTION/LEAD

A. 0023CP Request authorization to polygraph

I. SDVD Provided for information

DISTRIBUTION

NCISHQ: 0023B

ACTION: 0023CP

INFO: SDND/SDVD

FOR OFFUSE Y

PAGE 01LlAiSrT

CASE CONTROL afrillitkILAA_

TRANSMIT (0 /1 AXAL141,01

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS

HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC

AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

13Jun03...(Copy all less SDND)

13Jun03...(Copy all less SDND)

13Jun03...(Copy all less SDND) _Cc4..-

3Jun03... (Copy all less SDND) 12.40 1- Cc.t.041:1°)

3Jun03...(Copy all less SDND)

13Jun03...(Copy all less SDND) '

13Jun03...(Copy all less SDND)

(

DODDON 000081

A 0. A

er,LLLt ' t.ir4

POLYGRAF

Z80000 NOaaOa

I- TO BE DISSEMINATED OUTSIDE NCIS

.

BIOGRAPHICAL

EMPLOY

SSN:

DOB:

POB:

RESIDENCE:

OTHER:

MCB CAMP. PENDLETON, CA

race:1111111,sex: male

DATA

• •

• • •

11111111=111111

U.S. NAVAL CRIMY- TAL INVESTIGATIVE SERVIr

TITLE: I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF

WAR

CCN: 13JUNO3-SDPE-0125-7XMA

INVESTIGATIVE ACTION: RESULTS OF POLYGRAPH EXAM

USMC

On 18Jun03, after executing enclosures (1) and (2), 411111111111111111111111111111.USMC, was

administered a polygraph examination in conjunction with this investigation. The following are the

relevant questions utilized and responses thereto:

(a) Did you shoot any Iraqi EPW's?....No

(b) Did you shoot any Iraqi EPW's while in Iraq?....No

Following chart evaluation, and prior to NCISHQ Quail Control Review, no opinion could be rendered by

the examiner. During the post-test interview, id not provide any explanation for the test

results.

On the same dateillilikas administered a second polygraph in an attempt to resolve the no

opinion results. The following are the relevant questions utilized and his responses thereto:

(c) Did you shoot any Iraqi EPW's?....No

(d) Did you shoot any Iraqi EPW's while in Iraq?....No

Followin chart evaluation, and prior to NCISHQ Quality Control Review, in the opinion of the examiner

as being truthful when responding to these relevant questions.

ENCLOSURES

(1) Military Suspect's Acknowledgernent and Waiver of Rights form4111111111111111.18Jun03

(2) Polygraph Examination Waiver form 18Jun03

Reported By:

Office:

olygraph Examiner

TSPS MCAS vI 1IR11A11M1APR, CA

PAGE 1 OF 1

WARNING

THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE

ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED

WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DODDON 000083

AUTHORIZED : 06/19/2003 APPROVAL ti : 2003-0330

all1111.11111111110

TESTED : 06/18/2003

VIM

NAVAL CRIMINAL INVESTIGATIVE SERVICE

POLYGRAPH EXAMINATION TECHNICAL DATA SHEET

CN: 13JUNO3-0125-7XMA

EXAMINEE:

\oe\C)

RANK/TITLE SMC

SSN

EXCULPATORY?: N

SUMMARY OF EXAMINATION

Investigation was initiated after Command reported the examinee spontanously admitted to command

members that he had been ordered to execute three Iraqi enemy prisoners of war (EPW) while in Iraq.

Witness interviews disclosed the following information. While the examinee was consumin alcohol with

fellow command members he alleged his former U_SMCR, C

ordered him to execute Iraqi EPW's. According to the examinee when he protested

threatened to have him executed also. The examinee explained he shot the Iraqi EPW's and buried their

bodies near a pharmaceutical factory in Iraqi. During interrogation the examinee advised he had fabricated

the entire incident for purposes of impressing his fellow command members. The examinee agreed to

undergo apolygra h examination to confirm the veracity of his denials.

dressing the single issue of shooting Iraqi EPW's was administered. Upon

completion, the examiner could not render an opinion. During the post-test interview the examinee did not

provide any explanation for the test results.

On the same date, ddressing the same issue, was administered. Upon completion, in

the opinion of the examiner no deception was indicated at the relevant questions. allillats

terminated prior to completion due to distortions in pneumograph tracings. The examinee was counseled

/99:

an

regarding controlled respiration and the in-test process was resumed. Subsequently, allinavas 1

NCIS 5580/23 (2/1999)

Page 1 of 2

DODDON 000084 c\

HQ Reviewer Datee __

Examine wer Date

terminated for the same reason. The examinee was counseled again regarding controlled respiration and

agreed to comply with instructions. improvement was noted in subsequent tracings.

Page 2 of 2

NCIS 5580/23 (2/1999)

DODDON 000085 flY

POLYGRAPH EXAMINATION QUESTION LIST

Subject: Date: 6/18/03

finer ignau

DODDON 000086

id you shoot any Iraqi EPW's while in Iraq?

33 t o3 • S 0 PE • 01.):-c- ymx

NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DELETED PAGE INFORMATION SHEET

pa2e(s) _3;) — 34

withheld entirely at this location One-or more of following_ explain this deletion_

0 Deleted under exemptiords

Documents oriainated with other government acrency(ies

and direct response to you:

Referred for review

Pages contain information furnished by other governranealtency(kc). We win

advise you of releasability information folowing consultation with

agency(ies).

Comments:

DELETED PAGE(S

NO DOI !CATION F

- FOR THIS PAGE

DODDON 000087

POLYGRAPH EXAMINATION QUESTION LIST

Subject: Date: 6/18/03

Did you shoot any Iraqi EPW's while in Iraq?

miner Signatur

DODDON 000088 'jj

Comments:

NAVAL CRIMINAL INVESTIGATIVE SERVICE .

DELETED PAGE INFORMATION SHEET

Pace(s)

withheld entirely at this location_ Ona-or more of following explain this deletion.

li;t1 Deleted under exemprion(s:

b9C, b)G"

Documents originated with orher government agency(ies)_ Referred for review

and direct response to you:

Pages contain information famished by other -goverrimL=nt acIncy(iec). We will

advise you of releasa.biliry of information following consultation with

agericy(ies).

DODDON 000089

DELETED PAGES

NO DPL ?CATION F

FOR THIS PAGE

Witnessed:

POLYGRAPH EXAMINATION WAIVER

Place : NCISRA MCB CAMP PENDLETON, CA

Date : June 18, 2003 ' D f Zq —

01111111.11111M have been requested by Special Agent of the Naval Criminal

Investigative Service to submit to a polygraph examination relative to my knowledge of and/or participation in:

false official statements and homicide. Oa

With respect to that request, I have been advised that:

(a) I have the right to ult with a lawyer prior to making any decision concerning the

examination;

(b) the polygraph examination will only be conducted with my prior written consent;

(c) no adverse actio • be taken against me solely on the grounds that I refuse to consent to the

(f) the area in which the examination is to be conducted doe contain an audio recording

device and the polygraph examination may be monitored. ,

Oith an understanding of the above conditions, I have decided that I do not desire to consult with a lawyer at

this time. I freely consent to be examined by polygraph and I agree to cooperate fully with the examiner during

the examination. I make these d eely and voluntarily, and they are made with no threats having been

made or promises extended to -

Signature

Date/Time : Zaf:33 060 /

DODDON 000090

1. • e".7 n-• • 0., v.. " IN .0, •

Page 1 of 1

examination;

(d) the area in whichamination is to be conducted (does) (contain a two-way minor or

similar device;

(e) the ar which the examination is to be conducted (does) ( contain a camera;

NAVAL CRIMINAL INVESTIGATIVE SERVICE

DELETED PAGE INFORMATION SHEET

Patz(s)

viirbileld entirely at this location_ One or mora of followinz explain this deletion.

2-\ ► -X4.3

Deleted under exemprion(s)

1=1

Documents origlinard with ocher government acrency(its)_ Referred for rev- ie•:,;

and direct response to you

Pages contain information furnished by other governm:Int agency(i&). We w in

advise you of releasability of information following consultation with • •

agency(ies)

DODDON 000091

DELETED PAGES

NO DUPL !CATION

FOR THIS PAGE

1/FIRST FSSG, CAMP PENDLETON, CA/ALLEGED

EXECUTION OF IRAQI EPW

13JUNO3-SDPE-0125-7XMA

DODDON 000092

DODDON 000093

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TITLE: Tt

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(Time)

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11. Written Statement Signed

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12. Disposition of Suspect

(Include Time)

13. Interrogation Breaks (Include Stop/Start Times, and Re-warning, it necessary)

a. FOOD

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c. CONSULTATION

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REMARKS

DODDON 000095

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Fax:

To:

NAVAL CREVNAL EWESTIGATIVE SERVICE

NCISRA CAMP PENDLETON

BOX 555238

CAMP PENDLETON, CA 92055-5238

FAX: DSN : 365-5814 COMM: (760) 725-5814

PHONE: DSN : 365-5158 COMM: (760) 725-5158

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Pages: \

Phone: Date:

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Comments:

DODDON 000105 n

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DODDON 000108

NAVAL CRIMINAL INVE. GATIVE SERVICE

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Doc_nid: 
2812
Doc_type_num: 
66