Taguba report Annex 35: Article 32 Findings on Abuse of Detainees at Camp Bucca, IO Report

I 0 Report k Chronological 41,11of E4uts for Attiehe 4•0006141# Chronological Record of Events for Article 32 Investigation 17 July:.Received.ointment letter, CID investigation packet, and charge sheets from attorney for the prosecution 18 July:.Sent e-mail notification to trial counsel suggesting 28 July as hearing date Sent e-mail to.draft an official notification letter for accused Sent e-mail to 530 th MP Battalion notifying them of tentative hearing date and requesting coordination of facilities at Camp Bucca, IZ E-mail notification re-sent to . 19 July:.E-mail notification re-sent tolling 21 July:.Received e-mail from .on behalf of other defense counsel, requesting delay until 5 eptem ; reply asking for each counsel's calendar through 5 September Remaining counsels respond with trail calendars through 5 September • 22 July:.Forward defense counsels calendars to .asking for input for an alternate date eplies back suggesting 25 August as hearing date Investigating Officer selects 27 August for hearing, allowing 2 days travel and 2 days consultation for defense 23 July:.Notification letters for accused prepared and handed to11111111.1111111111, Executive Officer, 530 th MP Battalion, for delivery to accused E-mails sent to defense counsels with notification letters attached for their respective clients E-mail attachment received from UMW requesting hearing delay until 27 August 24 July: E-mail attachment received from mom requesting hearing delay until27 August Sent memorandum to Commander, 800 th MP Brigade, advising on status ofArticle 32 investigation 27 July:.E-mail attachment received from 1111111111.1 requesting hearing delay until 27 August 28 July:.E-mail received from WM requesting hearing delay until 27 August Sent request for hearing extension date to Commander, 800 th MP Brigade 3l July. legal advisor, receives Article 32 acknowledgement from 1111 4 August:.Forwarded request to Commander, 800 th MP Brigade, for assignment of Public Affairs Officer to the Article 32 Investigation Receive notice from IMO that two of the defense counsels, have requested change of venue from Camp Bucca to amp Jan, ue to their perceived inability to adjust to the area's climate in time for the trial. 5 August: Request report from.on progress with arrangements at Bucca; he responds that tents are available, but that air conditioning and power are critical issues that he is having problems with and that humidity is affecting all aspects of life there. Send e-mail to..asking for input based miliell111111 report 6 August: Spoke wi. f 724th MP Battalion re arding KBR force provider package for ucca. ommunicate with .to ask KBR for timeline. Package does not look as if it will support needs for hearing. 171 ° ASG unable to support requirements, either. 7 August: Spoke with 226 th ASG representatives. They indicate that if hearing needs to move in part to Arian, they can support it with Warehouse #7. Also speak with KBR representatives on ability to provide temporary power generation and AC units for hearing at Bucca. They are checking to see if they can support the requirements. Received e-mail from.regarding expression of concern fromeilli about conditions at Bucca. Both have ask that hearing be bifurcated with any necessary interviews taking place at Camp Bucca and remainder of hearing in Kuwait. 8 August:.Spoke with 11111111111 on telephone regarding conditions at Bucca. She expresses her concern about holding hearing there, due to weather conditions. I explained that we were working to try and make conditions there more conducive to the hearing, but that if we couldn't accomplish it, we -would look at holding the hearing at, or at least a portion of it, at Camp Arian, KU. On or about 8 August, spoke with 1M., S-3, 226th ASG, regarding availability of space for hearing and rooms a.'an. He said he believed he could accomplish it and be able to house both the hearing and sleep facilities in Warehouse #7, if necessary. 9 August: Sent out e-mail to all parties askin for resolution on issues concerning receipt acknowledgements of hearing from . late witness and evidence lists from defense counse s;.recor er M tip.support from800th; KBR support at Camp Bucca. 1 1111111111replies to query and has been in court 6-7 August. Said he plans on visiting Camp Bucca 12-14 August to check on site preparation and issues with PAO/interpreter/recorder support. 011111111111P sends e-mail informing me that a. authorize tents at Camp Bucca. ACO, can 10 August:.Receive Article 32 Witness and Discovery Request from behalf of her client,11111111111 on In a series of e-mails with. e informs me that there is as of yet, no word or progress om.o er an eginning the force provider package for the camp as a whole. 11 August:.Receive Article 32 Witness and Discovery Request from.on behalf of her client, Make contact with.ACO, who expresses cooperation to help with site arrangements at amp Bucca. Sent message to.at Camp Bucca on general layout of the hearing area and requirements for the housing of the participants. 12 August: 11111111111 forwards Letter of Technical Direction to authorizing erection of four tents and climate control VIA ECU's and power generation at Camp Bucca in support of Article 32 hearing. 14 August:.Forwarded Article 32 Witness and Discovery Requests to 15 August: Receive re-port from"... his trip to Camp Bucca 12-14 August. Received message fromiling. that he has not et determined his witness list. Also advised that he would have. respond by e-mail, acknowledging Art 32 proceedings Received message fromp.illillthat she wishes representation at ther Article 32 hearing from .forwarded to.responded toommilland advis to forward witness/discovery st as soon as possible MIMI confirms reporter for hearing; advises that he is checking on PAO support 16 August: Send e-mail advising all counsel that Article 32 proceedings will be held at Camp Bucca, in total. Also advised that EPWs would be heard in one block. Spoke briefly to PAO and media coverage. Advised counsel that we would hold meeting on Tuesday, 26 Aug, at 0900, at Camp Bucca, to discuss issues before the hearing commences 17 August:. dvises that her client ME is aware of Art 32 proceedings and also that her witness list will be similar to CPT Ausprung. 18 August:.Sent official notice to.that I am officially ordering witnesses and evidence previously requested by. o be present at hearing; requests had been forwar.to him on.ugust Send message to all counsel asking for input about having EPWs testify last in the proceedings, to allow mission essential personnel to go first and return to their units as quickly as possible Received replies from. hat they had no objections to EPWs testifying last; .tated that s e might need to re-call witnesses based on EPW testimony 19 August.Forwarded witness and discovery request to.request was sent late on 18 August . Asked.or review of requested evidence for classified material, in case brigade commander wishes to issue a protective order. 20 August:. replies that to-date he has not been able to determine whether evidence material contains classified information, but is waiting orliN111 of 800th MP Bde to supply requested information. Received several communications regarding media presence at hearing and on Camp Bucca. Expressed my wish that media be limited to 2-3 representatives in the hearing tent due to its limited size. Also, that during presentation of testimony and evidence from EPWs, or when classified information is presented, that the tent will be cleared of all media. 23 August: Witness and discovery list received from 1111111111111111 Forwarded to UM (1011111with order to produce witnesses and material. 25 August..Legal Advisor and I depart for Camp Bucca, IZ. Arrive approx. 1100 Hrs. Notify all counsel of meeting on Tuesday at 0900 Firs to discuss trial procedure. Defense counsel and accused arrive with government counsels. 26 August:.Meet with all trial counsels and discuss trial procedures and witness list. Government informs that all several US witnesses are on leave or have been rotated out of theater. Requests further time to identify, withl.those EPW witnesses that will be available. Decide to meet again at 1500 to go over EPW witness list. Additionally, • Defense requests verbatim transcript of proceedings and I approve, due to questionable presence of EPWs at a later time and potential of availability of US witnesses • Legal advise will be with all counsel present and re-stated for the record • Will request that appointing authority transmit copies of report to counsel At 1500 meeting, it has been determined that all EPW witnesses requested by the government and eight EPW witnesses requested by the defense are available, with potentially four more EPWs available, as well. 27 August:.Hearing opened at 0800 Hrs, on schedule. All accused, defense counsels, and government counsels are present. Government presents six witnesses Defense presents three witnesses Hearing recessed at 1900 Hrs, at defense request, to review witnesses from 320 MP Battalion and 314 th MP Company. 28 August:.Hearing re-opened at 0800 Hrs. Government r .one witness 11111111 Defense presents three witnesses Hearing stops at approximately 1030 Hrs, at defense request, in order for them to prepare for CM special agent and EPW testimony. Approx. 1900 Hrs, defense counsels request an additional delay until 1300 Hrs, 29 August, in order to further examine EPW testimony and also due to delay in seeing EPW witnesses that afternoon. . 29 August:.Hearing re-opens at 1300 overnment resents EPWs vernment re-presents .presents C Ib Specia. Defense presents CII) Special Agent Government presen.Hearing is recessed from Camp Bucca to Camp P o a, KU, for three witnesses returning from leave and for government to pursue contact with witnesses rotated out of 30 August:.All parties move to Kuwait, pending notification of arrival of three witnesses returning from leave. Recognition of MOM.. and A MONIIII1 for arrangements at Camp Bucca. 1 September: At Camp Doha, heard testimony of both just returning from leave. Also made contact with SA . y telephone and heard his testimony. 2 September: Heard testimony of SPC .at Camp Doha. Government ruests additional charges of adultery and obstruction of justice . against SGT Decision made not to allow additional charges due to late request. Hearing closed. Government advises that verbatim transcript will take 3-4 weeks to produce. 7 September: Government requests re-consideration of earlier decision not to allow additional charges against SGT MMIIIDCPT Mile counsel for SGT unable to immediately respond due to trial in the US. 13 September: rresponds to government request. 17 September11.11advises I0 on government request and defense position. 18 September: Responded to request affirming earlier decision not to allow charges. 22 September: Receive two copies verbatim transcript from CFLCC OSJA. 23 September: Article 32 investigation report forwarded to BG Karpinski. INVESTIGATING OFFICER'S REPORT (Of Charges Under Article 32, UCMJ and R. C.M. 405, Manual for Courts-Martial) Ia.FROM .(Nome of Investigating Officer . b. GRADE t. ORGANIZATION d. DATE OF REPORT •sr. First. MI) 220TH MILITARY POLICE BRIGADE APO AE 093660-5/LTC b. TITLE c. ORGANIZATION 2a.TO: Ovine of Officer wilt:, directed the ',Ives/Ego/ion • Las!. First. MI; BRIGADE COMMANDER 800TH MILITARY POLICE BRIGADE APO AE 09366 KARPINSKI, JANIS L. d.ORGANIZATION . DATE OF CHARGES 320TH MILITARY POLICE BN EDMONDSON, SHAWNA L. E-5 3a. NAME OF ACCUSED (Last. First, MI, b. GRADE c. SSN YES (Check appropriate answer) 4. IN ACCORDANCE WITH ARTICLE 32, UCJAJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL, X I HAVE INVESTIGATED THE CHARGES APPENDED HERETO lEthisi 1I 5. THE ACCUSED WA L' REPRESENTED TT COUNSEL DI not. sea 9 below) X 6.COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.CJA 40516112), 50214I X M.F.UN.. MI) b. GRADE Be. NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE 0-3/CPT NA c. ORGANIZATION llf appropnate) c. ORGANIZATION (If appropriate) US ARMY TRIAL DEFENSE SERVICE NA REGION. VIII, SCWEINFURT BRANCH OFFICE d. ADDRESS (If appropriate) d. ADDRESS (tf appropriate) APO AE 09226 NA 9. (To be signed by accused if accused waives counsel. If accused does nor sign, investigating officer will explain in detail in Item 21.) a. PLACE b. DATE I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI• CATION c. SIGNATURE OF ACCUSED 10. AT THE BEGINNING DF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Ova appropriate answer) YES N a. THE CHARGEISI UNDER INVESTIGATION X b. THE IDENTITY OF THE ACCUSER X c. THE RIGHT AGAINST SELF-INCRIMINATION UNDER ARTICLE 31 X d. THE PURPOSE OF THE INVESTIGATION X e THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING OF EVIDENCE X I. THE WITNESSES AND OTHER EVIDENCE KNOWN TO HE WHICH I EXPECTED TO PRESENT I X g. THE RIGHT TO CROSS•EXAMINE WITNESSES X h. THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED 1 THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION. OR MITIGATION X 1. THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT, ORALLY OR IN WRITING X 1 I a THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the accused or counsel were absent during any pars of the preseruation of evidence. complete b below ) X 0.STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL NOTE: 11 sedltionei spec, II requited for say ham sitar the sibliusul mistoilsi is Na. 21 of is a swims skeet Identity HO rune with As woes seiherIcei led. if appropriate. lettered toadied (Elwyn/.' 7r' ) Serum, @ouch soy sair000lohooto to tho tom said adds tau la Oil spotegiLeue Item ef the form -See militlahel skeet' _ DD FORM 457, AUG 84 EDITION OF OCT IR IS OBSOLETE. DODD0A-001475 11[e. THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check appropriate answer) NAME (Lab. First. MI) GRADE (tf any) ORGANIZATIINIADDRESS (Whidiews is GPlissIssisms) YES.,.NO E-6/SSG 223rd MP COMPANY X E-5/SGT 223rd MP COMPANYr X ! E-4/SPC 223rd MP COMPANY E-5/SGT 223rd MP COMPANY X E-4/SPC 320th MP BATTALION E-4/SPC 320th MP BATTALION X b. THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED. X 13e..THE FOLLOWING STATEMENTS. DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED ID EXAMINE EACH DESCRIPTION OF ITEM LOCATION OF ORIGINAL (If not coached) .r 1 #1: SWORN STATEMENT,r OSJA, CFLCC, Camp Doha, KU XDTD 14 MAY 03 #2: AIR, SArIEM, 14 MAY 03 OS/A, CFLCC, Camp Doha, KU X #3: SWORN STATEMENT, SP OSJA, CFLCC, Camp Doha, KU X DTD 14 MAY 03 #4: SWORN STATEMENT, SGT CFLCC, Camp Doha, KU XDTD 14 MAY 03 #5: SWORN STATEMENT, SPCIIIIIIII OSJA, CFLCC, Camp Doha, KU X #6: EPW MANIFEST, 744th MP BATTALION OSJA, CFLCC, Camp Doha, KU XTITD 12 MAY 03 ACH ITEM CONSIDERED, DR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED X •.THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR NE OFFEJISEIS) X OR NOT COMPETENT TO PARTICIPATE IN THE DEFcNSE_ (See R.C.M. 909, 916(t).) 15.THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT ()f Yet. specify to Item 21 below.) X 16.ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL X 17.THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM 18. REASONABLE GROUNDS EXIST TO EIEUEVF THAT THE ACCUSED COMMITTED THE OFFENSEISI ALLEGED 19. I AM NOT AWARE OF ANY GROUNDS WHICH WOULD DISOUAUFY ME FROM ACTING AS INVESTIGATING OFFICER. X (See 8.0 M. 405(d)(1) 20.!RECOMMEND . a TRIAL BY.. SUMMARY. . SPECIAL. ISi GENERAL COURT•MARTIAL b.. OTHER (Specify in hem 21 below, 71.REMARKS (Include. as necessary, explanation for any delays in the invest:gallon. and explanation for any no answers elbow.) SEE ATTACHED CONTINUATION SHEET ^la.TYPED NAME OF INVESTIGATING OFFICER. b.GRADE c. ORGANIZATION 220th MILITARY POLICE BRIGADE 0-5/LTC APO AE 09366 re.SNAII.RTOF INVESTIGA I G OFFI a DATE USAP .T DODD0A-001476 CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item 12a, Witnesses WIMP 1111111111All 1111111.111111 111111111111¦11 VINNIIINNENE 1111111111=011, By Telephonic Interview: E-4/SPC E-7/SFC E-5/SGT E-6/SSG E-4/SPC E-4/SPC E-4/SPC EPW EPW EPW EPW EPW EPW EPW EPW EPW SA SA SA SA 0-4/MAJ E-4/SPC E-4/SPC E-4/SPC SA 744th MP BATTALION 744th MP BATTALION 744th MO BATTALION 314th MP COMPANY 3I4th MP COMPANY 3I4th MP COMPANY 3I4th MP COMPANY CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CID, CAMP BUCCA, E CID, CAMP BUCCA, E CID, CAMP BUCCA, IZ CID, CAMP BUCCA, IZ 800th MP BRIGADE 320th MP BATTALION 320th MP BATTALION 223'd MP COMPANY YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item 13a, Witnesses #7. SWORN STATEMENT, rOSJA, CFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 #8: SWORN STATEMENT, rCFLCC, CAMP DOHA, KUrYES DTD 16 MAY 03 #9: AIR,r OSJA, CFLCC, CAMP DOHA, KUrYES DTD 14 MAY 03 #10 SWORN STATEMENT, rCFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 #11: SWORN STATEMENT,r OSJA, CFLCC, CAMP DOHA, KUrYES DTD 16 MAY 03 #12: SECOND SWORN STATEMENTIMMIE OSJA, CFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT SGT Item 21, Remarks 1. Twelve pieces of evidence were submitted during the hearing. The evidence presented and examined consisted of sworn statements or Agent's Investigation Reports taken or written by CID Special Agents. A manifest from the 744th Military Police Battalion, dated 12 May 03, was also submitted during the hearing. In some cases, witnesses referred to their statements or reports to re-fresh their recollection of events under question. Thirty-one separate witnesses were heard. The witnesses were credible, although defense counsels attempted to refute the testimony of certain witnesses and highlight that previous testimony or statements were contradictory to the recorded testimony during this hearing. Based on the testimony of the witnesses and the evidence presented, I am able to make a recommendation with regard to further action involving the accused soldier. 2. With regard to SGT1111111111. make the following recommendations to the charges and specifications alleged against him. a. Charge 1: Violation of Article 92, Dereliction of Duty: I find that a preponderance of the evidence exists to validate the specification alleged against her. Clearly, SGT Edmondson had certain duties that night to safeguard EPWs, she knew of these duties by virtue of her position, grade, and previous experience, and that, according to the testimony offilliMMIERIRIIIIIIIR _she was willfully derelict in the performance of those duties. b. Charge 11 Violation of Article 93, Cruelty and Maltreatment: I find that a preponderance of the evidence exists to validate the specification alleged against her. The testimony of indicate that her actions were cruel and maltreated EPW11111111.11 c. Charge EU: Violation of Article 128, Assault: I find that a preponderance of the evidence exists to validate the specification alleged against her. The testimony of the witnesses identified previously all indicate that SGT MID inflicted bodily harm on EP. and that her use of force was unlawful. d. During the course of the hearing, testimony from SPC rprompted counsel for the government to request that the investigation be broadened to include violations of Article 81, Conspiracy, and Article 134, Obstruction of Justice, against all four of the accused. I granted that request over the objection of all defense counsels. Aside from the testimony of SPC I do not feel that further, sufficient evidence was presented to validate these charges. I, therefore, cannot report that a preponderance of the evidence suggests that these charges are true. e. I recommend that 3. Delays in proceedings: a 10 proposed original date of 28 July 03 for hearing. Defense counsels requested delay to 5 September 03 due to schedule conflicts. I0 set date of 27 August 03 after consulting all counsels. Defense counsels acknowledged that the time would not count against the speedy trial requirement of the government. b. 28 August 03: Defense counsels requested additional time to prepare for EPW witnesses and CID Special Agent testimony. I0 granted recess until 290800 August 03. At approx. 2000 Hrs, defense counsels requested further delay due to problems accessing EPW witnesses. I0 granted further delay until 291300 August 03. c. 29 August 03: Hearing recessed until arrival of additional witnesses on leave. Re­convene at Camp Doha, KU. d. 1 September 03: Hearing recessed until 021300 September 03 for additional witness. Further delayed until 021430 Sep 03 at request of defense counsels for additional time to interview witness. 4. Defense and Government Objections: a. Defense: Defense counsels objected to introduction of sworn statement of SSG in addition to his sworn testimony at the hearing. SSG'S". did not refer to his report during his testimony. 10 sustained objection LAW RCM 405(4)(g)(B), allowing introduction of sworn statements over defense objection when the witness is not available. b. Government: Government counsel objected to defense line of questioning, asking whether certain witnesses had been advised of their rights under Article 31, or were being investigated, or had been charged with violation of Article 32, UCMJ, Dereliction of Duty. I0 allowed defense counsels to ask this question due to its relevance based on the testimony of the witnesses. CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item I 3a, Witnesses #7. SWORN STATEMENT, SSGr OSJA, CFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 #8:SWORN STATEMENT, MSCIIIIMrOSJA, CFLCC, CAMP DOHA, KU rYES DTD 16 MAY 03 #9: AIR, SAr OSJA, CFLCC, CAMP DOHA, KUrYES DTD 14 MAY 03 #10 SWORN STATEMENT, SP rCFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 #11 SWORN STATEMENT, SS rCFLCC, CAMP DOHA, KUrYES DTD 16 MAY 03 #12: SECOND SWORN STATEMENT, SPC111.1111, OSJA, CFLCC, CAMP DOHA, KUrYES DTD 15 MAY 03 CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT SSG Scott A. McKenzie,11.1.11 Item 21, Remarks 1. Twelve pieces of evidence were submitted during the hearing. The evidence presented and examined consisted of sworn statements or Agent's Investigation Reports taken or written by CID Special Agents. A manifest from the 744 th Military Police Battalion, dated 12 May 03, was also submitted during the hearing. In some cases, witnesses referred to their statements or reports to re-fresh their recollection of events under question. Thirty-one separate witnesses were heard. The witnesses were credible, although defense counsels attempted to refute the testimony of certain witnesses and highlight that previous testimony or statements were contradictory to the recorded testimony during this hearing. Based on the testimony of the witnesses and the evidence presented, I am able to make a recommendation with regard to further action involving the accused soldier. 2. With regard to SSG McKenzie, I make the following recommendations to the charges and specifications alleged against him: a. Charge 1: Violation of Article 92, Dereliction of Duty: I find that a preponderance of the evidence exists to validate the specification alleged against him. By virtue of his position, experience and rank, SSOINNINIIIPliad a certain duty to safeguard EPWs and was aware of those duties. The testimony of SGT 111.11 SGT I. and SPCrindicate that he was willfully derelict in the performance of those duties. b. Charge II: Violation of Article 93, Cruelty and Maltreatment: I find that a preponderance of the evidence exists to validate Specifications 2, 3 and 5 alleged against him. Evidence was not presented to sufficiently validate Specifications 1 and 4 alleged against him. SGT Nilsson's testimony confirms EPW account of being dragged across the ground by his armpits (Specification 2). SGT 11111.1 and SPC _both testified to his mistreatment of EPW1111.1 (Specification 3). The testimony of SSGIIIIIIIand SGT =indicate his mistreatment of EPA'S". Other than the testimony of the EPWs themselves, I did not find corroborating testimony to substantiate the mistreatment of EPWs 111•111andumin c Charge 1:1I: Violation of Article 107, False Official Statements: I find that a preponderance of the evidence exists to validate the specification alleged against him. The testimony of the previous witnesses indicates that SSG McKenzie's sworn statement of 16 May was false in that he denied the mistreatment of any EPWs and that he evidently Imew such denial to be false at the time, and that his intent was to deceive investigators as to the true events of 12 May. d Charge IV: Violation of Article 128, Assault: I find that a preponderance of the evidence exists to validate Specifications 1, 2, and 5 alleged against him. Evidence was not presented to sufficiently validate Specifications 3 and 4 alleged against him. The testimony of SGT. confirms EPW of being dragged by his armpits across the ground. Sallillind SPINE testified as to EPW buse. SSG - nd SGT 111111estified as to his abuse of EP1111111111 Other than the testimony of the EPWs themselves, I did not find corroborating testimony to substantiate the assualt of EPW 11111111111and 111111.111/1 e. During the course of the hearing, testimony from SPC.prompted counsel for the government to request that the investigation be broadened to include violations of Article 81, Conspiracy, and Article 134, Obstruction of Justice, against all four of the accused. I granted that request over the objection of all defense counsels. Aside from the testimony of SPCIIIPI do not feel that further, sufficient evidence was presented to validate these charges. 1, therefore, cannot report that a preponderance of the evidence suggests that these charges are true. f. I recommend that1111111.1111111111.11..111.1111111111. 3. Delays in proceedings: a. I0 proposed original date of 28 July 03 for hearing. Defense counsels requested delay to 5 September 03 due to schedule conflicts. 10 set date of 27 August 03 after consulting all counsels. Defense counsels acknowledged that the time would not count against the speedy trial requirement of the government. b. 28 August 03: Defense counsels requested additional time to prepare for EPW witnesses and cm Special Agent testimony. 10 granted recess until 290800 August 03. At approx. 2000 His, defense counsels requested further delay due to problems accessing EPW witnesses. I0 granted further delay until 291300 August 03. 29 August 03: Hearing recessed until arrival of additional witnesses on leave. Re­convene at Camp Doha, KU. d. 1 September 03: Hearing recessed until 021300 September 03 for additional witness. Further delayed until 021430 Sep 03 at request of defense counsels for additional time to interview witness. Defense and Government Objections: a. Defense: Defense counsels objected to introduction of sworn statement of SSG 1111111111111111111/th addition to his sworn testimony at the hearing. SSG did not refer to his report during his testimony. 10 sustained objection LAW RCM 405(4)(g)(B), allowing introduction of sworn statements over defense objection when the witness is not available. b. Government: Government counsel objected to defense line of questioning, asking whether certain witnesses had been advised of their rights under Article 31, or were being investigated, or had been charged with violation of Article 32, UCMJ, Dereliction of Duty. I0 allowed defense counsels to ask this question due to its relevance based on the testimony of the witnesses. c. Defense: Government counsel requested to broaden the scope of the investigation to include violations of Article 81, UCMJ, 80, Conspiracy to Obstruct Justice, and Article 134, UCMJ, Obstruction of Justice, against all four of the accused, based on testimony of SPC.Based on her testimony, 10 allowed government to broaden the scope of the investigation to include these two charges. d. Defense: Defense counsels perceived an allegation of impropriety in line of questioning by government counsel and asked that hearing area be cleared to further discuss the matter. 10 cleared the courtroom of all spectators, including the media. I was advised by the PAO representation of a potential violation of the Freedom of Information Act in doing so, since the hearing was declared open. My legal advisor also suggested that other spectators carried the same weight as the media. Both were allowed back in, although the government counsel assured all parties that no such implied accusation was intended against any defense counsel and withdrew any further line of questioning along these lines. e. Defense: defense counsels objected to line of questioning by the government of SAIIIIIIregarding a previous investigation byllillof MS11111111 as irrelevant to the proceedings at hand. Government did not argue probative v. prejudiced value of the questioning. I sustained the objection and disallowed the questioning. f Defense: after the testimony of the final witness, SPC government counsel asked that the scope of the investigation be broadened to include violation of Article 134, Adultery and Obstruction of Justice. Government withdrew its request for the adultery charge. I did not allow the inclusion of this charge due to inadequate notice to the defense to prepare for the additional charges. 5. While EPW witnesses have agreed to be available for further testimony, their release might make it difficult to reach them once they have returned home. 6. During the course of this hearing, testimony from SSG 11111111111. SGI and SP111.11111111 indicated that while the alleged incidents were occurring, they did not actively attempt to intervene as it was their responsibility to do as soldiers, and in the case of.11.11111.and.111 as non-commissioned officers and leaders. Beyond SSGIIIIpverbal attempts to stop the abuse of these EPWs, nothing else seems to have been done. Sailing testimony that he turned away because he could not bear to watch this treatment is especially disturbing. I recommend that you consider appropriate action with regard to these soldiers and their evident failure to act to protect the enemy prisoners of war in their charge or stop the mistreatment to which they have testified, under oath. INVESTIGATING OFFICER'S REPORT (Of Charges Under Article 32, UCMJ and R. C.M. 405, Manual for Courts-Mania!) Is.FROM: (Name of Investigating Officer • b. GRADE c. ORGANIZATION d.DATE OF REPORT 1st. Firs:, MI) 220TH MILITARY POLICE BRIGADE APO AE 093660-5/LTC b. TITLE t. ORGANIZATION 2e.TO. (Name of Officer who directed the investigation - Last, First, MIt BRIGADE COMMANDER 800TH MILITARY POLICE BRIGADE APO AE 09366 KARPINSKI, JANIS L. 3arNAME OF ACCUSED (Last, First. MO b. GRADE c. SSN d. ORGANIZATION e. DATE DF CHARGES 320TH MILITARY POLICE BN MCKENZIE, SCOTT A E-6 UNE YES k (Check appropriate answer) 4.IN ACCORDANCE WITH ARTICLE 32. UCIAJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL X I HAVE INVESTIGATED THE CHARGES APPENDED HERETO liTtibit II $..THE ACCUSED WAS REPRESENTED BY COUNSEL UI mt. to 9 bib*/ 6..COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 40549121. G02111 X 7A. NAME OF. First. MI). I b. GRADE BA. NAME OF ASSISTANT DEFENSE COUNSEL (if any) b. GRADE 0-3/CPT NA I c. ORGANIZATION (if appropriate) c. ORGANIZATION Of appropriate) US ARMY TRIAL DEFENSE SERVICE NA REGION VIII, VICENZA FIELD OFFICE d ADDRESS (ifappropricue) d. ADDRESS (If appropriate) APO AE 09630 NA S. fro be signed by accused if accused waives counsel .If accused does not sign. investigating officer ¦aill explain in detail in Item 21.) a PLACE b. DATE I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL.. INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONABLY AVAILABLE. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI GATION. c. SIGNATURE OF ACCUSED 10. AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED Of: (Check appropriate answer) TES N a. THE CHARMS) UNDER INVESTIGATION X b. THE IDENTITY OF THE ACCUSER X c. THE RIGHT AGAINST SELF4NCRIMINATIDN UNDER ARTICLE 31 X d. THE PURPOSE OF THE INVESTIGATION X e THE RIGHT TO BE PRESENT THROUGHOUT THE TAKING Of EVIDENCE X I. THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT X A. THE RIGkT TO CROSS-EXAMINE WITNESSES X n. THE RIGHT TO HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED THE RIGHT TO PRESENT ANYTHING IN DEFENSE. EXTENUATION. OR MITIGATION I. THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT. ORALLY OR IN WRITING X 11e._THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the accused or counsel were absent during any part of the presentation of evidence. complete b below.) X b STATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL NOTE: 11 sidoesasi _is rumors/ Iv &sly dm. *Mos tho ostitissol posaiisl is Her 11 sr so • topmost MistL kleettly tut antra with as pow smostrissi sad. H oppromiato. 'mud hen%op (F-sample "7c" ; meanly Ansa our dltlataa Mosta to as Imo sad sal a onto is the apprepristo Wm at dm Wm: 'Soo odatosol shoot: DD FORM 457, AUG 84_ EDITION OF OCT BB IS OBSOLETE.. SIAM DODD0A-001486 12s.THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check appropriate oruwer) NAME (Lao. Firm. MI) GRADE Of any) ORGANIZATION/ADDRESS (Whichever At appropnwe) YES NC L._ E-6/SSG E-5/SGT 223rd MP COMPANY 223rd MP COMPANY. X X E-4/SPC 223rd MP COMPANY X E-5/SGT 223rd MP COMPANY X E-4/SPC 320th MP BATTALION IrX E-4/SPC 320th MP BATTALION b THE SUBST ANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHED. Iia..THE FOLLOWING S1 AILMENTS, DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO EXAMINE EACH OE SCRIPTION OF ITEM LOCATION OF ORIGINAL #1: SWORN STATEMENT, SG DTD 14 MAY 03 OSJA, CFLCC, Camp Doha, KU (If not coached) X #2: AIR, SAIIIIMIEM, 14 MAY 03 OSJA, CFLCC, Camp Doha, KU X #3: SWORN STATEMENT, S • i DTD 14 MAY 03 #4: SWORN STATEMENT, SG DTD 14 MAY 03 OSJA, CFLCC, Camp Doha, KU OSJA, CFLCC, Camp Doha, KU X #5: SWORN STATEMENT, SKIM OSJA, CFLCC, Camp Doha, KU #6: EPW MANIFEST. 744th MP BN, r1TD 12 MAY 03 OSJA, CFLCC, Camp Doha, KU ,CH ITEM CONSIDERED. OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED ..THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OfFENSEISI OR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See N.C./. I. 909, 9160).) 15. THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (If Yes, specify in hem 21 below.) 16. ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF 'MAL 11.THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM 1E. REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFEUSEISI AUIGED 19.I AM NOT AWARE OF ANY GROUNDS WHICH WOULD OISOUALEFY ME FROM ACTING AS INVESTIGATING OFFICER. (Ser R.C.M 405(111(1) 20.I RECOMMEND a. TRIAL BY.0 SUMMARY . SPECIAL. ED GENERAL COURTIAARTIAL b.. OTHER (Spectf• In hem :1 below) 21. REMARKS (include. m neresson. explanation for any delays in the mvesag000n, and e.iplonation for any 'no answers above.) SEE ATTACHED CONTINUATION SHEET -,rTYPED NAME OF /NVES1I5ATIN3 OFFICER d..SIGNATURE OF INVESTIGATING OF FIC b GRADE 0-5/LTC c . ORGANIZATION 220th MILITARY POLICE BRIGADE APO AE 09366 I. DATE USAP.C v DODD0A-001487 CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item 12a, Wimesses E-4/SPCr744 th MP BATTALIONrYES E-7/SFC 744 th MP BATTALION YES E-5/SGTr744 th MO BATTALIONrYES =1111r E-6/SSGr314th MP COMPANYrYES E-4/SPCr314th MP COMPANYrYES E-4/SPCr314 th MP COMPANYrYES E-4/SPCr314th MP COMPANYrYES EPWrCAMP BUCCA, IZrYES CAMP BUCCA, IZ YES EPW CAMP BUCCA, IZrYES =21 EPW EPWrCAMP BUCCA, IZrYES CAMP BUCCA, IZrYES 111111.11111111111.11111111EPWr EPWrCAMP BUCCA, IZrYES EPWrCAMP BUCCA, IZrYES EPWrCAMP BUCCA, IZrYES EPWrCAMP BUCCA, IZrYES SArCID, CAMP BUCCA, IZ YES SArCID, CAMP BUCCA, IZ YES SArCUD, CAMP BUCCA, 12 YES SArCID, CAMP BUCCA, IZ YES 0-4/MA]r800th MP BRIGADErYES E-4/SPCr320th MP BATTALIONrYES E-4/SPCr320th MP BATTALIONrYES E-4/SPCr223n1 NW COMPANYrYES By Telephonic Interview: SAr YES c. Defense: Government counsel requested to broaden the scope of the investigation to include violations of Article 81, UCMJ, 80, Conspiracy to Obstruct Justice, and Article 134, UCMJ, Obstruction of Justice, against all four of the accused, based on testimony of SPC MEM Based on her testimony, 10 allowed government to broaden the scope of the investigation to include these two charges. d Defense: Defense counsels perceived an allegation of impropriety in line of questioning by government counsel and asked that hearing area be cleared to further discuss the matter. I0 cleared the courtroom of all spectators, including the media. I was advised by the PAO representation of a potential violation of the Freedom of Information Act in doing so, since the hearing was declared open. My legal advisor also suggested that other spectators carried the same weight as the media. Both were allowed back in, although the government counsel assured all parties that no such implied accusation was intended against any defense counsel and withdrew any further line of questioning along these lines. e. Defense: defense counsels objected to line of questioning by the government of , SAWN regarding a previous investigation by .of MSG 111.1 as irrelevant to the proceedings at hand. Government did not argue probative v. prejudiced value of the questioning. I sustained the objection and disallowed the questioning. f. Defense: after the testimony of the final witness, SPC 11111111.111, government counsel asked that the scope of the investigation be broadened to include violation of Article 134, Adultery and Obstruction of Justice. Government withdrew its request for the adultery charge. I did not allow the inclusion of this charge due to inadequate notice to the defense to prepare for the additional charges. g. On 7 September, MAIII11111111 representing the government, asked again, by e-mail attachment, that I re-consider my decision not to include the charges of adultery and obstruction of justice against SGT 111111.11 outlined in para. 4.f.above. CP11111111 representing SGT .replied on 13 September after returning from another case in the United States. On 17 September, I consulted with MAJ 1110 my legal advisor. Summarizing his counsel, I responded to the government's request by e-mail on 18 September, affirming my earlier decision not to consider the additional charges due to the late notice given by the government and, in the case of the adultery charge, that it was outside the scope of the hearing. 5. While EPW witnesses have agreed to be available for further testimony, their release might make it difficult to reach them once they have returned home. 6. During the course of this hearing, testimony from SS0111111. SG111111111 NIP SGT SPC. and SPIE.. indicated that while the alleged incidents were occurring, they did not actively attempt to intervene as it was their responsibility to do as soldiers, and in the case of as non-commissioned officers and leaders. Beyond SSC .verbal attempts to stop the abuse of these EPWs, nothing else seems to have been done. SGT testimony that he turned away because he could not bear to watch this treatment is especially disturbing. I recommend that you consider appropriate action with regard to these soldiers and their evident failure to act to protect the enemy prisoners of war in their charge or stop the mistreatment to which they have testified, under oath. DEPARTMENT OF THE ARMY U.S. Army Trial Defense Service Vicenza Field Office APO AE 09630 AESE-JAD. 25 July 2003 MEMORANDUM FOR LTC 11 Article 32 (b) Investigating Officer SUBJECT: Defense Request for Delay Article 32 Investigation I. The defense requests a delay in the Article 32(b) Investigation scheduled fcr 28 July 2003 until 27 August 2003. The bases for the defense delay request are as follows: a. The defense received notice of the Article 32(b) Investigation on 18 July while TDY for a contested court-martial. As of that date, defense counsel had yet to received the charge sheet or the CII) report pertaining to this case. The date set for the Article 32 hearing was 28 July 2003. Defense counsel was in a contested court-martial until the evening of 24 July 2003 and is scheduled to take leave in conjunction with TDY to begin on 28 July 2003. Given the timing of the notice, approved leave and logistical problems with getting back to Italy, drawing equipment and scheduling a flight, defense counsel requests a delay in the Article 32(b) Investigation. b. More importantly, defense counsel will not be prepared to go forward on 28 July 2003. I have yet to receive and review the packet. This is an extremely serious case, which will take extensive preparation prior to the Article 32(b) Investigation. Defense cannot provide SSG McKenzie with effective assistance without some time to prepare for the hearing. 2. I am the POC for this memorandum and can be reached via phone at DSN 314-634­7043 or via e-mail at amv.fitzgibbons@setaf.annv,mil. I will be back in Vicenza on 6 August 2003. Senior Defense Counsel INVESTIGATING OFFICER'S REPORT (Of Charges Under Article 32, UCMJ and R.C.M. 405, Manual for Courts-Martial) a. FROM: (Name of Investigating Officer -b. GRADE c. ORGANIZATION Id. DATE OF REPORT 'ast. First. MI' 220th MILITARY POLICE BRIGADE I APO AE 09366 0-5/LTC 2 a. TO: (Name of Officer who directed the b. TITLE c. ORGANIZATION Investigation - Last. First, MI) BRIGADE COMMANDER 800th MILITARY POLICE BRIGADE KARPINSKI. JANIS L. 3a. NAME OF ACCUSED (Last. First. MI) b. GRADE t. SSN d.ORGANIZATION R. DATE OF CHARGES 320th MP BATTALION CANJAR, TIMOTHY F. 0-4/SPC 14 JULY 03 (Check appropriate answer) YES 4 IN ACCORDANCE WITH ARTICLE 32, UCMJ, AND R.C.M. 405, MANUAL FOR COURTS-MARTIAL. X I HAVE INVESTIGATED THE CHARGES APPENDED HERETO (Exhilit 11 S. THE ACCUSED WAS REPRESENTED EY COUNSEL III KIM SOS 9 Wiwi X B. COUNSEL WHO REPRESENTED THE ACCUSED WAS QUALIFIED UNDER R.C.M. 40501E21 502161 X 7 1. NA t. First. MI) I. GRADE Ba NAME OF ASSISTANT DEFENSE COUNSEL (If any) b. GRADE 0-4/MAJ NA c. ANIZATION (!f appropriate) c. ORGANIZATION (If appropriate) US ARMY TRIAL DEFENSE SERVICE NA I BAMBERG FIELD OFFICE, REGION VIII d. ADDRESS (If appropriate) d. ADDRESS (If appropriate) APO AE 09139 NA 9 (To be signed by accused if accused waives counsel. If accused does not sign. investigating officer will explain in detail in Item 21.) a. PLACE b. BATE I HAVE BEEN INFORMED OF MY RIGHT TO BE REPRESENTED IN THIS INVESTIGATION BY COUNSEL. INCLUDING MY RIGHT TO CIVIUAN OR MIUTARY COUNSEL OF MY CHOICE If REASONABLY AVAILABLE_ I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTS GATION. c. SIGNATURE OF ACCUSED Hi AT THE BEGINNING OF THE INVESTIGATION I INFORMED THE ACCUSED OF: (Check appropriate answer) YES a. THE CHARGEtS1 UNDER INVESTIGATION ,,, •N D. THE IDENTITY OF THE ACCUSER X c. THE RIGHT AGAINST SELVINCRIMINATION UNDER ARTICLE 31 X d. THE PURPOSE OF THE INVESTIGATION s. THE RIGHT TO BE PRESENT THROUGHOUT THE TAXING Of EVIDENCE X I. THE WITNESSES AND OTHER EVIDENCE KNOWN TO ME WHICH I EXPECTED TO PRESENT X g THE RIGHT TO CROSS-EXAMINE WITNESSES X I It THE RIGHT 70 HAVE AVAILABLE WITNESSES AND EVIDENCE PRESENTED X THE RIGHT TO PRESENT ANYTHING IN DEFENSE, EXTENUATION, OR MITIGATION X s THE RIGHT TO MAKE A SWORN OR UNSWORN STATEMENT. ORALLY OR IN WRITING I la THE ACCUSED AND ACCUSED'S COUNSEL WERE PRESENT THROUGHOUT THE PRESENTATION OF EVIDENCE (If the accused or counsel were absent during any part cif the presentation of evidence, complete b below.) X D.5ST ATE THE CIRCUMSTANCES AND DESCRIBE THE PROCEEDINGS CONDUCTED IN THE ABSENCE OF ACCUSED OR COUNSEL NOTE: II kitlidemal spas is esquires tet sly Its a. sots, the ishilliessl =inane is heat 21 se so I mums Must Idertils sisal asurrial with the mew solmstal INHE If swor•Vrisic. lamed IN1409 (EsamPle""7c ' ) Sassily moo say siliAtisost slims ts Ow Ism as/ imid a sea Is Um Hissiostisli his of IM Ism 'Us sillitiessi sham' , AUG84 EDITION OF OCT U IS OBSOLETE. SMITE V DODD0A-001492 I 2a THE FOLLOWING WITNESSES TESTIFIED UNDER OATH: (Check appropriate answer) NAME (Las/. First Ali) GRADE (If any) ORG/JAZA110111ADDRESS (Whichever if apProPtialc)"TES NO E-6/SSG 223rd MP COMPANY X E-5/SGT 223rd MP COMPANY I X SPC/E-4 223rd MP COMPANY I X • SGT/E-5 223rd MP COMPANY X E-4/SPC 320th MP BATTALION 1 X E-4/SPC 320th MP BATTALION X b THE SUBSTANCE OF THE TESTIMONY OF THESE WITNESSES HAS BEEN REDUCED TO WRITING AND IS ATTACHE) 13o THE FOLLOWING STATEMENTS, DOCUMENTS. OR MATTERS WERE CONSIDERED; THE ACCUSED WAS PERMITTED TO EXAMINE EACH DESCRIPTION OF ITEM LOCATION OF ORIGINAL (if not attached) #1: SWORN STATEMENT, SG" OSJA, CFLCC, Camp Doha, KU DTD 14 MAY 03 #2: AIR. SAIIIIIIIIIEM, 14 MAY 03 • OSJA, CFLCC, Camp Doha, KU X #3: SWORN STATEMENT, SPINE. OSJA, CFLCC, Camp Doha, KU X DTD 14 MAY 03 #4: SWORN STATEMENT, SG71111111111 OSJA, CFLCC, Camp Doha, KU X DTD 14 MAY 03 #5: SWORN STATEMENT, SIAM OSJA,•CFLCC, Camp Doha, KU X #6: EPW MANIFEST. 744th MP BN, OSJA, CFLCC, Camp Doha, KU X nTD 12 MAY 03 ICH ITEM CONSIDERED, OR A COPY OR RECITAL OF THE SUBSTANCE OR NATURE THEREOF, IS ATTACHED X THERE ARE GROUNDS TO BELIEVE THAT THE ACCUSED WAS NOT MENTALLY RESPONSIBLE FOR THE OFFENSES) X DR NOT COMPETENT TO PARTICIPATE IN THE DEFENSE. (See R.C.M. 909, 916(k).) 15 THE DEFENSE DID REQUEST OBJECTIONS TO BE NOTED IN THIS REPORT (1.1 Yes. specify in hem 11 below.) X 16 ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL X —17. THE CHARGES AND SPECIFICATIONS ARE IN PROPER FORM X 18 REASONABLE GROUNDS EXIST TO BELIEVE THAT THE ACCUSED COMMITTED THE OFFENSES) ALIZGED X 19 I AN NOT AWARE OF ANY GROUNDS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER (See R.C.M.405(d)(1) 20 I RECOMMEND a TRIAL IP . SUMMARY . SPECIAL ED GENERAL COURT1AMMAL b. . OTHER (Specify in Item 21 below) 21. REMARKS (Include, 0.1 necessary. erplananon for any delays in the investigation, and explanation for any 'no"answers above.) SEE ATTACHED CONTINUATION SHEET TYPEDNAME OF INVESTIGATING OFFICER o GRADE c. ORGANIZATION 0-5/LTC 220th MILITARY POLICE BRIGADE APO AE 09366 0 SIGNATURE OF INVESTIG FFICER t DATE 23 September 2003 ..1 Dewe v DODD0A-001493 CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item 12a, Witnesses 1111111111111 .111•111111111 WII11111111 11111111111111111111111 By Telephonic Interview: E-4/SPC E-7/SFC E-5/SGT E-6/SSG E-4/SPC E-4/SPC E-4/SPC EPW EPW EPW EPW EPW EPW EPW EPW EPW SA SA SA SA 0-4/MAJ E-4/SPC E-4/SPC E-4/SPC SA 744th MP BATTALION 744th MP BATTALION 744th MO BATTALION 314th MP COMPANY 314th MP COMPANY 314th MP COMPANY 314th MP COMPANY CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CAMP BUCCA, IZ CID, CAMP BUCCA, IZ CID, CAMP BUCCA, IZ CID, CAMP BUCCA, TZ CID, CAMP BUCCA, IZ 800th MP BRIGADE 320th MP BATTALION 320th MP BATTALION 223'd MP COMPANY YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES CONTINUATION SHEET, DD FORM 457, INVESTIGATING OFFICER'S REPORT Item 13a, Witnesses #7 SWORN STATEMENT, SSG DTD 15 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES • #8: SWORN STATEMENT, MS11.11.1 DTD 16 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES #9: AIR, SA DTD 14 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES #10:SWORN STATEMENT, SPINE. DTD 15 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES #11:SWORN STATEMENT, SSA.= DTD 16 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES #12: SECOND SWORN STATEMENT, DTD 15 MAY 03 OSJA, CFLCC, CAMP DOHA, KU YES