Taguba Report Annex 67: Testimony of Lieutenant Colonel Jerry L. Phillabaum Commander, 320th Military Police Battalion

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The interview is summarized as follows: This matter of proceeding is a formality because Lieutenant Colonel Jerry L. Phillabaum invoked his rights, and is seeking legal counsel. The panel briefed Lieutenant Colonel Jerry L. Phillabaum on the scope of the investigation. Lieutenant Colonel Jerry L. Phillabaum wished not to speak on any matters regarding this investigation. Lieutenant Colonel Jerry L. Phillabaum was dismissed by the panel.

Doc_type: 
Interview
Doc_date: 
Monday, February 9, 2004
Doc_rel_date: 
Monday, October 18, 2004
Doc_text: 

On 9 February 2004, a team of officers, directed by Major General Antonio Taguba, conducted the following interview. Major General Taguba was appointed as an Investigating Officer under the provisions of Army Regulation 15-6, by Lieutenant General David D. McKiernan, Commanding General of the Coalition Forces Land Component Command (CFLCC), to look into allegations of maltreatment of detainees, detainee escapes and accountability lapses, at Abu Ghraib, also known as the Baghdad Central Confinement Facility (BCCF). The panel also inquired into training, standards, employment, command policies, and internal policies, concerning the detainees held at Abu Gharib prison. Finally, the panel looked into the command climate and the command and supervisory presence
The following persons were present:
MG Antonio M. Taguba, DCG-CFLCC, Interviewer CO P, CFLCC — PMO, Interviewer LTC CFLCC — SJA, Interviewer LTC 705th MP Battalion, Interviewer LTC Military Police Battalion, Interviewee SSG 7D30, CFLCC — SJA, Recorder
The interview is summarized as follows:
This matter of proceeding is a formality because LTC 11111111111.111111pinvoked his rights. and is seeking legal counsel.
The panel briefed LTC 1111111111ron the scope of the investigation. LTC wished not to speak on any matters regarding this investigation. LTC as dismissed by the panel.
0.1 1 11 .'y
DODD0A-002764
RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE
For use of this toms, see AR 190-30; the proponent agency is ODCSOPS
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012110
PRINCIPAL. PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.

1. LOCATION 2. DATE I 3. TIME 1I4 FILE NO.
\/ • C--4-0 C rl 9 h4 2,004 I 3 16

5 , 8. ORGANIZATION OR ADDRESS
3745f A frip ei\I

6. SSN 7. GRA E/STATUS
A fro 4E Ce 3 55-C 5 ifkes&v. usOrat Di.14
PART I -tRIGHTS WAIVER/NON-WAIVER CERTIFICATE

Soctlon A. Rights
The Inverogatsr whose name appears below told me that he/she is with the United States Army (., Pi..c...L. rlYsti 411-04:7
and wanted to question me about the foNowing offertairls) of which) am
suspected/acausahL -Mt ae.arlfri e: TO
Before he/she asked me any questions about the

ffense(s), however, he/she made it clear to me that I have the following rights: 1 I do not have to answer any question or say anything. r
Anything I say or do can be used as evidence against me in a criminal trial.
3 (For personnel subject othe UCMJ I have the right to talk privately to • lawyer before, during, and after questioning and to have • lawyer present with me during questioning. This lawyer can be a cavilien lawyer I arrange for at hi) expense to the Government or a military lawyer detailed for me at no expense to Mar or both.
- or -
(For crvibans not subject to the UCMJI I have the right to talk privately to a Lawyer before, during, and after questioning and to have a lawyer present with
me during questioning. I understand Mat this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer
end want one, a lawyer will be appointed for me before any questioning begins.
4.
If I am now willing to Siscuss Me °Hensel') under investigation, with or without a lawyer present, I have • right to stop answering questions at any time, or
speak privately with a lawyer before answering hither, wen If 1 sign the waiver below.
5. COMMENTS (Contsn .e on reverse side)
Section B. Waiver
I understand my
rights as stated above. I em now willing to discuss the oflenselsl under investigation and make a statement without talking to a lawyer first and withouthaving a lawyer present with me.
WITNESSES ll/ available)
3. SIGNATURE OF INTERVIEWEE
1e. NAME (Type or Print)

b.
ORGANIZATION OR ADDRESS AND PHONE
4 .
SIGNATURE OF INVESTIGATOR
2a. NAME (Type or Prrol)

5 . TYPED NAME OF INVESTIGATOR
b
ORGANIZATION OR ADDRESS AND PHONE 6 . ORGANIZATION OF INVESTIGATOR
Section C. Non-waiver
1. iliiiont to give up my rights
wan-. 6 lawyer
. I do not want to be questioned or say anything
2. SIGNA
ATTACH THIS V R RTI CATE TO ANY SWORN STATEMENT
A FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED ne FnRRA isto on ----- - - -
LETE USAPPC V 1 .00
DODD0A-002765

Doc_nid: 
2561
Doc_type_num: 
73