Army Criminal Charge Sheet re: Mock Execution of a Detainee

CHARGE SHEET
I. PERSONAL DATA
1. NAME OF ACCUSED (Last, First, MI)
2. SSN 3. GRADE OR RANK 4. PAY GRADE
_ 5. UNI IZATION U11111111, 111111 6. CURRENT SERVICE
1st Armored . Division a. INITIAL DATE b. TERM
7. PAY PER MONTH a. BASIC b. SEA/FOREIGN DUTY c. TOTAL 8. NATURE OF RESTRAINT OF ACCUSED None. 1141111111111111,9. DATE(S) IMPOSED None. 48 months
NONE

II CHAROESANDSPMFICATIONS
10. CHARGE I : VIOLATION OF THE UCMJ, ARTICLE 92
iiim p

SPECIFICATION 1:

In that U.S. Army, who knew of his duties

at or .near mimi s
Iraq, on or about 20 June

003, was derelict in the performance of
those duties in that he willfully detoured hissecurity patrol to an unsecured site
and dismounted, when it was his duty not to do so.

SPECIFICATION 2:

In that U.S. Army, who knew of his duties

at or nearallalla Iraq,

was derelict in the performance of
those duties in that he willfully failed to deliver a captured looter to the 1-13 AR
Battalion holding area, as it was his duty to do.

CHARGE II:

VIOLATION OF THE UCMJ, ARTICLE 93

THE SPECIFICATION: In that

U.S. Army, at or near

Iraq, on or about 20 June 2003, was true

young male. civilian delgglifillor
looting materials from a factory site, a person subject to his orders, by staging his

mock execution.

CHARGE III:

VIOLATION OF THE UCMJ, ARTICLE 133

THE SPECIFICATION: In that.

U.S. Army, did, at or near,
11111110 Iraq, on or about 2 fficer in charge of a security

une 2003, while

.11111111.11111111,
patrol, wrongfully and dishonorably abandon a detainee in his custody.

II. PREFERRAL 11a. NAME OF ACCUSER (Last, First, MO . c. USER
ORED DIVISION

d. SIGNATURE e. DATE
AFFIDAVIT: Before me, the undersigne4, authorized by law to administer oaths in cases of this character, personally appeared the

above named accuser this )-,0-day of 1-1 ,,-5LA
, 20 Ft3 , and signed the foregoing charges and specificationsunder oath that he/she is a person subject to the Uniform Code of Military Justice and that he/she either has personal knowledge of or has investigated the matters set forth therein and that the same are true to the best of his/her knowledge and belief.

viii1111111111f111 111111111.

02em1
a
Trial Counsel

.

Official Capacity to Administer Oath
(See R.C.M. 307(b) - must be a commissioned officer)
-11111111111k_
Signature
FORM 458. MAY 2000_
PREVIOUS EDITION IS OBSOLETE.
007047
12. On_
20_, the accused was informed of the charges against him/her and of the name(s) ofThe accuser(s) known to me (See RC.M. 308 (a)). (See R.C.M. 308 if notification cannot be made.)
11111111111111111)ander enaetion of Immeciate1PmenderP-­Grade Signature
IV. RECEIPT BY SUMMARY COURT-MARTIAL CONVENING-AUTHORITY
13.
The sworn charges were received at_hours_ 20_at Designation of Command or
Officer Exercising Summary Court-Marbal Jurisdiction (See R.C.M. 403)
FOR-T146 1

Commander
Typed Name of Officer Official Cepacky of Officer Signing
Grade
Signature
V. REFERRAL, SERVICE OF CHARGES 14a. DESIGNATION OF COMMAND OF CONVENING AUTHORITY b. PLACE c. DATE
Referred for trial to the _ court-martial convened by
._ 20_0 3., subject to the following instructions :2
By Of
_
Command or Order
Typed Name of Officer Offidel Capacity of Officer Signing
Grade
Signature
15. On_
. 20_.1 (caused to be) served a copy hereof on (each of) the above named accused. MI
-111T.111111/Mingl­
eme o n Grade or Rank of Trial Counsel
Signature FOOTNOTES: S

DD FORM 458. (BACKI MAY 2nnn
007043

A lAD ATTORNEY WORK PRODUCT
TC: DC:
CIVILIAN
U.S. v.
UNIT: 11111.11111. MOS / POSITION:
AGE: 110 BASD:

ETS: NW PCS:
MARITAL STATUS: M/ S/ D

CHILDREN: Y/ N
NEXT OF KIN'S HOME OF RECORD / PHONE: 111111111111111
SPEEDY TRIAL DATE:

PRETRIAL CONFINEMENT: Y / N PTC DATE:
CER11/ilbll OMPF ON HAND: Y / N

CER111.1bD ORB / ERB ON HAND: Y / N
CER11HED SMIF FILE ON HAND: Y / N

CER111.1L41.) LES ON HAND: Y / N
R.C.M. 306(b) ANALYSIS:
1.ACCUSED'S CHARACTER AND MILITARY SERVICE:
DECORATIONS:

PRIOR UCMJ: Y / N
PRIOR ADVERSE ADMIN: Y / N
FLAGGED: Y / N

LEADERSHIP POSITION: Y / N
2. EFFECT ON MORALE, HEALTH, WELFARE, AND DISCIPLINE: MORALE-HEALTH:
WELFARE:
DISCIPLINE:

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A
3. APPROPRIATENESS OF AUTHORIZED PUNISHMENT: CHARGE: Dereliction (92) MAX: DD / 2 yrs. / Total $ CHARGE: Assault (128) MAX: DD / 8 yrs. / Total $
CHARGE: Conduct Unbecoming (133) MAX: Dismissal / 1 yr. / Total $ CHARGE: Solicitation (134) MAX: DD / 5 yrs. / Total $ FACTS / MERITS:
DATE: 20 JUNE 03 LOCATION: 11110111.111111111r ACT / OMISSION; lAD forces detained (trespassing) Iraqi boy (13 to 16 years old) for
approximately 90 min ove him to a deserted field at the end of the patrol. Boy was placedinto truck headlights an ed a 9mm shot to the side of the boy's head. The boy wasnot bound by flexi-cuffs o sandbag.
ook a picture of the boy (covering
hishead/face)andthepatrolleft
saidhewasgoungtolettheboywback,
(approximately 1.5 click from secto
PERPETRATOR:
WITNESS:

-WITNESS:
the detainee tollift WITNESS:11111111111111MEIeard a "pop" like a shot, saw thru NVGs
o ster 's weapon, and saw detainee face down on the ground, hands over hishead, sounded like he was crying, at a distance of about 10 feet Did not hear or see
anything like a dog.
WITNESS: i3oy was flexi-cuffed and sandbagged •
into the truck. Patrol went into an unfamiliar back road. Boy was taken out of truck. SM
•.pulled security *ducked when he heard a shot Saw muzzle flash, boy crying and sawflexi-cuffs cut. ook picture. Saw and heard no dogs. Patrol mounted and left.
WITNESSIMINWIIIII,unloaded the detainee boy. Saw
them in fro o c an sai something maudi e to detainee, then shot weapon
close to detainee's person eleased the prisoner.
DATE: 22. JUNE 03
LOCATION: 1111.111111111111
ACT / OMISSION: 111111111pask ed

fold man and two kids were crying andtold him to detain them. Old man asked that
not shoot his son.111111111011.old
007050
DOD 003112
old man no one would be shot heard a shot andIMMIMpsaid the kid tried
to run, so he fired a warning shot .4:1 to let them go.
arlim

ERPETRATOREMIlleilliiiIIMIIIIIIIIII Says
.told him to e s, and let all three go after they cried. AdmitsdischTging theimiliscare the detainee. Says he reported completion and...
smiled. Says
condoned the use of scare tactics to deter looters.
WITNESS.111111111111.1.11.
WITNESS:

etallic trigger click, then saw SMcharge M-16 hanaie and tire a single shot while pointing the weapon away from a boy's(13 to 17 years old) head. He then released the boy to his father and brother.
WITNESS.
'd to make detainees
cry. Saw
take one of the (13 years old) boys hehind the building.
WITNESS:

pointed
told him he inted his weapon at the
family.
FACTS! MERITS — REBUTTAL:
1)
2)
3)
4)
11111k
FACTS / SENTENCING:

AGGRAVATION:
1)
2)
3)

MITIGATION:
1)
2)
3

4. ACCUSER'S POSSIBLE IMPROPER MOTIVES:
RATER: -Y / N NEGATIVE COUNSELINGS: Y / N
EO COMPLAINT: Y / N IG COMPLAINT: Y IN
CONGRESSIONAL: YIN 138 COMPLAINT: YIN

c WITNRCC RFT ITPTA ATVE!TA TFR'111W-

C07051
CO-ACCUSED: Y / N RATING CHAIN ISSUE: Y / N
CONFINED: Y / N CID SOURCE: Y / N

6.
ACCUSEDOOPERATES TO APPREHEND / CONVICT OTHERS:
CID SOURCE AGREEMENT: Y / N NUMBER OF ARRESTS: 0
IMMUNITY AGREEMENT: Y / N NUMBER OF CONVICTIONS: 0

7.
OTHER JURLSDICTION(S) WILLING TO PROSECUTE OFFENSE(S):
STATE: Y / N FEDERAL: Y / N:
MILITARY: Y / N HOST NATION: Y / N

8.
AVAILABLE AND ADMISSIBLE EVIDENCE:
STATEMENTS: Y / N (2) RIGHTS ADVISEMENT & WAIVER: Y / N
MENTAL HEALTH HISTORY: Y / N SANITY BOARD: Y / N
CORROBORATING PHYSICAL EVIDENCE: Y / N

PHYSICAL EVIDENCE FOUND DURING INSPECTION: Y / N
PHYSICAL EVIDENCE FOUND DURING SEARCH: Y / N
CORROBORATING DOCUMENTARY EVIDENCE: Y / N
CORROBORATING WITNESS STATEMENTS: Y / N

EYEWITNESSES: Y / N TOTAL: 10
9. TC'S EVALUATION / RECOMMENDATION: LEVEL: GP / IA -DISCHARGE: DOCKET TRACKER
PREFERRAL DATE:
CONFIRMED DETAIL DC WITH SDC ON:

C07052
SERVED DETAILED DC WITH PREFERRAL PACKET ON:
ARTICLE 32 DATE:
DETAILED PARALEGAL:
JO NAME / PHONE / EMAIL:

DETAILED LEGAL ADVISOR:
PACKET SERVED TO I0 AND LEGAL ADVISOR ON:
HEARING SCHEDULED FOR:
DELAYS: Y / N

DELAY APPROVED ON:
SANITY BOARD: Y / N

• SANITY BOARD APPROVED ON:
DEFENSE DELAY DAYS:

GOVERNMENT DELAY DAYS:
R.C.M. 405(G) REQUEST RECEIVED ON:
WITNESS UNAVAILABLE: Y / N
DEPOSITION REQUESTED: Y / N
TRANSLATOR REQUESTED: Y / N
TRANSLATOR NAME / PHONE:

GOVERNMENT'S R.C.M. 405(G) RESPONSE SERVED ON:
TRANSCRIBER:
DOES . TC NEED VERBATIM PORTION FORA WITNESS: Y / N
TRANSCRIPT SERVED TO JO ON:

10 REPORT SERVED TO BDE CDR ON:
JO REPORT SERVED W/IN 5 DAYS TO DC: Y / N
CHARGES ADDED OR DELETED: Y / N

REFERRAL DATE: CONVENING ORDER IN THE PACKET: Y / N SUMMARY / BCD / GCM
1_07053
DATE CHARGE SHEET AND ALLIED PAPERS SERVED ON ACCUSED: MJ DOCKET EMAIL (CER'ilEthD ERB / ORB / SERVED CHARGES) DATE:
'ARRAIGNMENT DATE: GOVERNMENT SECTION HI DISCLOSURES SER-VED ON: GOVERNMENT'S DISCOVERY REQUEST SERVED ON:
DEFENSE'S RESPONSE SERVED ON:
DEFENSE DISCOVERY REQUEST SERVED ON: -

GOVERNMENT'S RESPONSE SERVED ON:
DEFENSE FORUM SELECTION DUE ON:
DEFENSE PLEA DUE ON:
DEFENSE WITNESS LIST DUE ON:
DEFENSE MOTIONS DUE ON:

GOVERNMENT'S RESPONSE DUE ON:
DEFENSE NOTICE OF SPECIAL DEFENSE RECEIVED ON:
ALIBI: Y / N
INNOCENT INGESTION: Y / N
LACK OF MENTAL RESPONSIBILITY: Y / N
EXPERT ON ACCUSED'S MENTAL CONDITION: Y / N

GOVERNMENT WITNESS LIST DUE ON:
GOVERNMENT MOTIONS DUE ON:
DEFENSE RESPONSE DUE ON:
GOVERNMENT'S M.R.E. 404(B) NOTICE SERVED ON:
TRIAL DATE:
PANEL: Y / N
OFFICER: Y / N

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1/3 ENLISTED: YIN
PANEL NOTIFICATIONS SERVED ON:
EXCUSAL REQUESTS: Y / N

EXCUSAL REQUESTS RECEIVED ON:
EXCUSAL GRANTED / DENIED ON: MEMBER FROM ACCUSED'S UNIT: Y / N MEMBER ON WITNESS LIST: Y IN MEMBER IN TC JURISDICTION: Y IN CONVENING ORDER CHANGES OK BY C/MJ: Y / N
• FINDINGS WORK SHEET / FLYER OK BY C/MJ: YIN
MEMBER QUESTION FORMS OK BY C/MJ: Y / N

•
TAILORED INSTRUCTIONS OK BY C/MJ: Y IN

•
MILITARY JUDGE:

• MJ PRESIDE OVER COMPANION CASE: Y / N
TRIAL JUDGE SAME AS ARRAIGNMENT JUDGE: Y / N
TRIAL JUDGE'S PHONE / EMAIL:

EXHIBITS: GOVERNMENT'S IDENTIFIED: YIN DEFENSE'S IDENTIFIED . Y / N PHOTO SUBSTITUTIONS FOR THE RECORD: Y / N TECHNICAL ASSISTANCE REQUIRED: Y / N RECEIVED FROM CUSTODIAN: Y / N
CUSTODIAN NAME / PHONE / EMAIL:
•PREMARKED WITH COURT REPOR ER: Y / N
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DETAILED COURT REPORTER: NAME / PHONE / EMAIL: COPY OF WITNESS LIST SERVED ON: COPY OF EXHIBIT LIST SERVED ON:
GOVERNMENT'S EXHIBIT LIST ON:
DEFENSE'S EXHIBIT LIST ON:
ORIGINAL CASE FILE SERVED ON:
PANEL SEATING CHART COORDINATED ON:

DETAILED TRANSLATOR:
• NAME / PHONE / EMAIL:
WRITTEN COPY OF QUESTIONS SERVED ON: WITNESS: 1111111111111.11111111.11
• CIVILIAN / MILITARY / RESERVIST
ETS / PCS / DEROS TDY:
NAME / DOB / SSN / UNIT / LOCATION:

DOB:
SSN:
INTERVIEWED BY TC ON:

AIR TRAVEL: YIN
LODGING: YIN
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:

C07056
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:•
STIPULATION OF EXPECTED TESTIMONY: Y. IN
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N DEPOSMON TRANSCRIPT. CERIINED: YIN TRIAL TRANSCRIPT CERIINED: Y IN ORIGINAL SWORN STATEMENT: Y / N
PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N .
WITNESS:
ETS / PCS / DEROS TIDY:
NAME / DOB / SSN / UNIT / LOCATION:.
SSN:
DOB:
INTERVIEWED BY TC ON:
AIR TRAVEL: YIN
LODGING: Y / N

RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:

TICKETS / ORDERS CONFIRMED ON: STIPULATION OF EXPECTED TESTIMONY: Y / N PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N
(
2 7 0 5 7

DEPOSITION TRANSCRIPT CERTIFIED: Y /N TRIAL TRANSCRIPT CERTIFIED -Y / N ORIGINAL SWORN STATEMENT: Y / N
PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N WITNESS: CIVILIAN / MILITARY ETS / PCS / DEROS: NAME / DOB / SSN / UNIT / LOCATION:
1.11¦1111..
INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y / N
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N
DEPOSITION TRANSCRIPT CERTIFIED: Y /N
TRIAL TRANSCRIPT CERTIFIED . Y / N
ORIGINAL SWORN STATEMENT: Y / N
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DOD 003120

PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
CIVILIAN / MILITARY
ETS / PCS / DEROS:
NAME / DOB / SSN / UNIT / LOCATION:

DOB:
N:
INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N
RESERVATIONS. MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y / N

PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N
DEPOSITION TRANSCRIPT CER Y /N
TRIAL TRANSCRIPT CERTIFIED- Y / N
ORIGINAL SWORN STATEMENT: Y / N

PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N WITNESS:11111111111111M CIVILIAN / MILITARY
0 7 0 5 9
ETS / PCS / DEROS: NAME / DOB / SSN / UNIT / LOCATION:
DOB:
INTERVIEWED BY TC ON: AIR TRAVEL: Y / N LODGING: Y / N RESERVATIONS MADE ON: FUND CITE APPROVED ON: ORDERS CUT ON:. TICKETS / ORDERS CONFIRMED ON: STIPULATION OF EXPECTED TESTIMONY: Y / N PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N DEPOSITION TRANSCRIPT CERIIPIED: Y /N TRIAL TRANSCRIPT CERTIFIED: Y / N ORIGINAL SWORN STATEMENT: Y / N PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
CIVILIAN / MILITARY
ETS / PCS / DEROS: NAME / DOB / SSN / UNIT / LOCATION: 07060 DOD 003122

11,1111111111111•111111ft
INTERVIEWED BY TC ON:
AIR TRAVEL: Y / N
LODGING: Y / N

•
RESERVATIONS MADE ON: FUND CITE APPROVED ON: ORDERS CUT ON: TICKETS / ORDERS CONFIRMED ON: STIPULATION OF EXPECThll TESTIMONY: Y / N

•
PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N

• DEPOSITION TRANSCRIPT CERTIFIED: YIN TRIAL TRANSCRIPT CERlitilbll: Y / N ORIGINAL SWORN STATEMENT: Y / N
PRIOR EXPERT PUBLICATIONS AVAILABLE: Y /N
•W1TNESS:1111111111111111111M CIVILIAN / MILITARY NAME / DOB / SSN / UNIT / LOCATION:
11.1111.111111111111.
suir
DOB:
0706

INTERVIEWED BY TC ON:
AIR TRAVEL: YI N
LODGING: YIN
RESERVATIONS MADE ON:
FUND CITE APPROVED ON:
ORDERS CUT ON:
TICKETS / ORDERS CONFIRMED ON:
STIPULATION OF EXPECTED TESTIMONY: Y / N

PRIOR VERBATIM TESTIMONY AVAILABLE: Y / N
DEPOSITION TRANSCRIPT CER Y /N
TRIAL TRANSCRIPT CERTIFIED. Y / N
ORIGINAL SWORN STATEMENT: YIN

PRIOR EXPERT PUBLICATIONS AVAILABLE: Y / N
MOTIONS: (CHANGE OF VENUE AND SUPPRESSION OF STATEMENTS) TYPE OF MOTION CITED: YIN MOTION IS DISPOSITIVE TO GOVERNMENT'S CASE: Y IN RELIEF REQUESTED CITED: Y / N BURDEN OF PROOF AND STANDARD OF REVIEW CITED: Y IN
OFFER OF PROOF WITH MOTION: Y IN COPIES OF CASES CUED PROVIDED TO MJ / TC / DC: Y / N WITNESS TESTIMONY COORDINATED: Y IN PHYSICAL EVIDENCE COORDINATED: Y / N MOTION GRANTED / DENTED ON: MJ MOTION FINDINGS ON THE RECORD: YIN
C 07062

VOIR DIRE:
PANEL QUESTIONNAIRES FOR MJ / TC / DC: YIN VOIR DIRE QUESTIONS FOR MT / TC / DC: YIN TC HAS BATSON CASE LAW AND PROFFER: Y IN SEATING CHART TO MJ / REPORTER./ TC / DC: Y / N
TRIAL MATERIALS:
MANUAL FOR COURTS-MARTIAL: Y / N
JUDGE'S BENCHBOOK: Y / N
CIRCUIT RULES OF COURT: YIN

TRIAL NO l'EBOOK: Y / N
•.
ELEMENTS FOR EACH CHARGE / SPECIFICATION: YIN FOUNDATION LIST FOR EVIDENCE: Y / N WITNESS LIST: YIN
WITNESS QUESTIONS: Y / N EXHIBIT LIST: YIN
PANEL SEATING CHART: YIN FINDINGS WORKSHEET / FLYER: Y / N OPENING STATEMENT OUTLINE: Y / N CLOSING ARGUMENT OUTLINE: Y IN

C07063

C-M PACKET
Last NarngIIIMMM.r First Name:
Rank:aft
Unit allelles
TC:1111111.mp

DC:
Summary:

Immon„d,
amp
RECOMMENDATION:
C07061

work order (2209x2509x24b bmp)
WORK ORDER REQUEST IAD EN BDE
POC: CPT STEIGERWALD DN1/ F: 551-05131
IAD EN BDE
LOCATION: BIAP
, CAI Z-GORY A EMERGENCY B MISSION SUPPORT SAFETY HEALTH C FORCE PROTEC"ON D QUALITY UFE E OTHER UN ITS
REQUESTING UNIT
LOCATION (COM) (GRID)
DESdRIPTION OFWORK
REIbiARKS
DA•: a WORK REQUESTED
•

EST INITIATED DTG
EST COMPLETION DTG
POC AND CONTACT # •
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DOD 003127