______ r
Document Sample


__________r
COMMANDER'S REPORT Of OISCtPUIlRY OIA. . . .TIlTIVEACnO.
hi' use of tlil form. $lit Aft 1tMJ.41\: the ....... IIIIIICY Is 00C80P8 2004I02I09
7. 8. GRADE
B-7
t 1.. OFf£HSasl
ofa 2003109101
2003109101
2003/09/01
o
12. ACTIOITAkEfII
a.... NONE D 111 INSUFFICIENT EVIDENCE D
121 OTHER (Expllin in RlfIIIlisJ
.. Subject _ acMsed thet althouqh no action was taken, the report would be retained in Army records and that requasts for amendment, correction. or expungement may be submitted
lAW AR 190-45 IMP Repqrts) or AR 195·2 (CID Reports).
D b. AO.MINISTRAnVE
o c. NONJUDICIAL (ArticIs 15. UeMJ)
B 0
fRI B
COMPANY GRADE FIELD GRADE SUMMARIZED
GCM AUTHORITY GENERAL OFFICER
. Ilf,.t wlJSlffId by C(Jflrt41J8rt;'l.rtlll:/"1~/JIIIII'r MIl CtNJI11l111tJ11 oniflf' girfRg findings ,lid SfIIIiBIICIJSJ
5UIIIIMjl),RY COURT MARTIAL GENERAL COURT·MARTIAL
c. DETENTION
~ b. ADMONITION
0 d. FORFEITURE
B
OR ADMII'STRATIVE
111 ORAL
e. FINED
tZll211NWRlTlNG
$ , _ _ _ MONTHS
f. Reoucm FROM B-7 TO 8-6 0 Q. EXTRA DOTHOR DAYS 0 h. RESTRICTED fOR
--- DAYS
i. CORRECTlONAlCUST<lOYfOR DAYS j. CONANEO
TYPE: _ _ _ _ _ _ _ __
0 YEARS MONTHS
EFFECTive DATE _ _ _ _ _ _ __
DODDOACID 007713
.
15.
..
.'
Disposition received via telephonic from CPT
iii-;! 1-3• JAO. lAO. •
16b. SIG~TURE
b (;-1
bW-I
16c. DATE OF REPORT (YYYYMMDD)
SA 7 ) for 2004/02/09
OO';f36
JU \1 U u'QQ
----_-..p
COMMAIIPER'S RlPUT OF DlSCIPUIlARY OR ADIIIIISTUnVE ACTIOM
For ... of '" fa. .. Aft 190-45; the~...., IS OOCSOPS 200412112
PllWm ACtlflu.JT
AU11tDIIITY:
~ALfIUIIPOSE: ( I.JI$ . . . . .
.
fof_t.-.._"..tich.In,.........;, ..
Title to USC8ldioll301: T.dd USCs.ctbl2ll51: E.G.13II1 ......... 22.1i431SS11f1.
~_ ....
.. "liflcttfDll to fIdIWe .............
~-, ,., . 1
3. ADI
323D MP DET (CID)(DSE) B Co 216th INF
APOABOlm4 APOABq931A
t_
To be compIetadlJy tbe~or~Oftfla"t idIn1ifiedlMllowendin~pondingMP/C1D....,.. CMck II ............ ,...,. . . . . . . . . .t ..... '"
fIIocks. fer .... offfliSil ~ In IIIOIt than ana type of 8CtiGII tlk. or action for offtnses IIOt ImId In _ ............ In M 1&........;...,........., to ....
In
checked end ICtlOtI tlkeil for otIa offensas. R&tlln last cottY end return .. others to addressee IndIcIted "Ttl" bIIicIt on ~ ef 1iMI ....
7. 8. GRAOE
E4
11 a. OFFENSE{sl
2004109108
2004109/08
2004/09/08
12. AcnOUAKEI
08. * N O N E D 11) INSUFFICIENT EVIDENCE 0 121DTHER (Expl81t1inRettlMts}
.. Subject was advised Ihalallhough 110 action was taken, the report would be retained in Army records end thaI requests for amendment. correction, or expungement may be submitted
lAW AR 191J.46 (MP Reports} Of AR 195·2 (CID Reports}.
Db. ADMINISTRATIVE
DATE DATE RESPONDED IWY1~UUllnl
o c. NDNJUOICIAL
8 COMPANY GRADE
GCM AUTHORITY
15. UCMJ}
8 FIELD GRADE
GENERAL OFFICER
0 SUMMARIZED
[R] d. (If' . ' was tried by court'lR,rtiI/ ,ttach , till CfJIIrt·martill ()tI/er" fintfmgs ,lid IBII_ _J
SUMMARY COURT MARTIAL GENERAL COURT-MARTIAL
(t) ORAL {21IN WRITING 0
c. DETENTION d. FORFEITURE e. FINED $ 2/3pty I_..::.,l,-:c-- MONTHS
f. REDUCED fROM _ _ _ TO _ _ _ [g]
II. EXTRADUTYfDR 45 DAYS h. RESTRICTEOFDR 0
_ _ _ DAYS
i. CDRRECTIDNAl CUSTODY FOR _ _ _ DAYS I. CONFINED 0 YEARS MONTHS
k. PUNITIVE DISCHARGE ADJUDGED TYPE:
I. ADMINISTRATIVE DISCHARGE_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ------------ EFFECTIVE DATE _ _ _ _ _ _ _ __
DA fORM 4833. JUN 80, IS OBSOLETE
OQ~OOOI
7L6C Of)'/3'?
DODDOACID 007715
· .
M
15. REMAIUCS
Disposition received via telephonic from CPT
tare?), P>t>~ 2nd BCT, lAD.
SlA,
•
16b'~~T~~\>_1 611
16c. OATE OF REPORT /YYYYMMDD/
SA I furCPT 2004/02/12
PAGE 2, DA FORM 4833, DEC 1998
COMMANDER'S REPOIT OF DlSClPUIARY OR ADIIII.STRATIVE ACTION
For use tl this tom. see Aft 190.45; the ........ ..-y II ODCSOPS
PllVACY ITAmaT
• 2004102126
fJdt 10 USC Sectian 301; TlttI5 USC Secti112I51: £00• •' dehId ....... 22. 1843 (SSlIII.
USACRC 1:QNtROl fI\JM8ER
, 2.11)
323DMPDET
APOAB09324
5. MP REPORT NUMIlER
0117-03~u)899~3S49
To be campletld fly the cormIIIIIder or ....... of the"l IdlllIified below and in ~ MPI<:40 ftIIOI't. ~ .......... 1IIacb. _ ........... 110. . . . mered fly
1IIocks. for ~ off.... ~ IilIIIOft tfIIrI one type of IClion tlkflll or ectlon tlkflll for ollense$ not ..ted In the report. .... 111 IIIoct 15, RInwt', WIlidI offlilsel_ to iliac"
checked end action taken for other off.... Retain last copy and 1IIIUnI"
olltera to lIddmsee Indicatld in '11)- bIoct on COIIIIIIIItIan of finII ectiatL
7. 8. GRADE 10. DATE OF BIRTH (YYYYIIMtJI)J
E-6
lla. OfFENSE(a) "lIb. DATE OF 0fFB4SE(a)
2003/09101
2003/09/01
2003/09/01
12. ACTIONTAKEI
o 8. 'I NONE 0 (1) INSUFFICIENTEVIDENCE D 1210THER (£xpflin in RlIJI6rbJ
* Subject was advised that although no action was taken, the report would be retained in Army records and that requasts for amendment. correction,or expungement may be submitted
lAW AR 19(1..45 (MP Reports) or AR 195·2 (CIO Reports).
D b. ADMINISTRATIVE
blocks} DATE REFERRED DATE RESPONDED IY'I'IYMMDDJ
Dc. NONJUDICIAL (Artlde 15, UCMJJ
o GCM AUTHORITY
D
COMPANY GRADE n
D
FIELD GRADE
GENERAL OFFICER
D SUMMARIZED
[R] d. JUDICIAL Oflulject WIt tdtJd by caurt·mllrtillsttaeh , th' court-llllrtial onlsr giving findings IIId lentfNICss.J
SUMMARY COURT MARTIAL GENERAL COURT-MARTIAL
TY OTHER
PUIISHMmS. OR ADMlIISTRATIVE ACTIOI
o b. ADMONITION 0
{11 ORAl D
(21 IN WRITING
c. DETENTION D d. FORFEITURE D
e. FINED $ , MONTHS
f. REDUCED FROM E~ TO E-5 0
g. EXTRADUTYFOR - - - DAYS 0 h. RESTRICTED FOR
- - - DAYS
i. CORRECTIONAL CUSTODY FOR DAYS i. CONFINED D YEARS MONTHS
k. PUNITIVE DISCHARGE ADJUDGED TYPE: _ _ _ _ _ _ _ __
EFFECTIVE DATE _ _ _ _ _ _ __
DA FORM 4833. DEC 1998 DA FORM 4833. JUN 80. IS OBSOlETE
DODDOACID 007717
15. REMARKS
Disposition received via telephonic from CPT
~!bkj JAG, lAD.
,
16a.,
CPT. . . . . .
..
16b. SIGNATUFl,E
bk"l!~
gI
16c. DATE OF REPORT rYYYYMMDDJ
SA J for 2004/02/26
OATE
COMMANDER'S REPORT .....ISCIPLlNARy OR ADMINISTRATIVE PjlfU1N
For use of this form. ' - 190-45; the proponent agency is ODCSOPS ' -
PRIVACV ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN}.
To provide commanders and law enforcement officials with means by which Information may be aooonttely
Your aooi.IIl security number is ~ .. an additiol'lalJllltemate means of identifipatlon to ,.aIit.tII filing lind retrllllval.
5. MP REPORT NUMBER
•T'o bit' completed by the commander or supervisor of the subject Identified below and In corrt'~' t "rr~", MP/elO report. Check .. ~
blocks. BrleflV elq)laln circumstances not covered by blocks. for multiple offenses resultln:; :r .- -.g lhlll'\ OM type of action U¥n or action
taken .for offenses not listed in the report, explain In block 15. Remarks. which offenses apP'i' :'1 ~I"cks checked and action taken for other
offenses. all others to addressee Indicated in "TO· block 01 lillal action •
7. NAME B. GRADE . ;f-,':: OF BIRTH (YYYYMMDDJ
8-6
11 a. OFFENSE(s) 11 b. DATE OF OFFENSE(s)
2003/09/01
2003/09/01
2003/09/01
o
12. ACTION TAKEN
a. * NONE 0 (11 INSUFFICIENT EVIDENCE 0
(2, :, TriER :Explain in Remarks)
* Subject was advised that although no action was taken, the report would be retained in Ar . ,_:.", ",.d that requests for amendment,
_0
correction, or expungement may be submitted lAW AR 190-46 (MP Reports) or AR 195·:; .'c'D Repo":;,I.
Db. ADMINISTRATIVE
TO DATE REFERRED (YYYY , ',:00/ DATE OED
- ~-,-.-.----------- ...
-.--~ .. ,-------------11
[8] c. NONJUDICIAL (Article 15, UCMJ)
COMPANY GRADE [8] FIELD GRADE C: . '.';v'lARiZ~D
o E3 GeM AUTHORITY 0GENERAL OFFICER
d, JUDICIAL (If subject was tried by court-martial attach 8 copy of the court-martial c· . , g : .>;;,&5 end sentences.)
SUMMARY COURT MARTIAL GENERAL COURT-MARTIAL
I-_..J.~~~~~~~-=~=::-::~=-~~~~~:;:~~~~!!"!~~~' ....-_-'." __:' ·j',S,... E.e!!!..~r!.!!~!!!!;~---.J
SENTENCES, PUNISHMENTS, OR ADMINISTRATIVE ACTION
o. REPRIMAND8 b. ADMONITION 8 11 ) ORAL 0
(2) IN WRITING
c. DETENTION d. FORFEITURE e. FINED $ I MOJ, ~
f. REDUCED FROM TO 0 g. EXTRA DUTY F-O-R-- r:,- Dcc;TPICTED FOR
- - - DAYS
----Ilt:::f+.--eoiflRE;e.T~eN"\t_GIJS1:OO:~(}R:==:::::::.....oA'lS-- -Qj~-CONFIIIIED _ __ J,\:JNTHS
k. PUNITIVE DISCHARGE ADJUDGED TYPE: _ _ _ _ _ _ _ __
.
..AOMINISTMI1\'!;.OISCJtARGE~_= """"'~_ _ _ _ _ _ _ _ _ _ _ __
_=_
L __
in Remarks.!
DA FORM 4833. DEC 1998 DA FORM 4833. JUN 80, IS OBSOl['·
. ..,.,',.. .r
Jv \4 i,. '. J
. ,
7C£C 0, I '1 1
I.)""" __
15. RFNIAR)CS
Disposition received from ,JAG. lAD.
':'iYr4liiiiiiiiiiiii,GRAOElAD
\..- JAG,
OF COMMANDING OFFICER
16c. DATE OF REPORT (YYYYMMDDJ
/c be o. ~)"'f1?
I •.,
. COMMANDER'S REPORT
FOI
l.
use of tlb form,
'~CIPLINARY OR ADMINISTRATIVE ACTION
" 190..115; the proponent agency is OOCSOPS
(' .
SUSPENSE OAIE tl'YY'tMf/D{J1
2004/01117
PRIVACY ACT STATEMEIT
AUTHORITY: Tille 10 USC Section 3D I; Title 5 USC Section 2951; £.0.11397 uted t.io¥8lllbel 22. \943 (SSM).
PRINCIPAL PURPOSE: TGprowide tomIII8t\I1ers IIId lew anlou;1IIt1eAt ot,..,. with ~ ky wlIiclI inlOtmltioo !mY be ICWtltely idIIatif""-
ftDUnttt tlSES: YGUI sotial teCOIlty lIIIIlIIMIfis \I$IId t$1Il~._t. _ 01 ~ to f.tiitett _ _ nWImL
DISClOSURE: OlsrJeSlnfl'vtur_f1 ~"""it~,
1.THRU 2.1a c
3. fltOM : y' ...
lAG. lAD 32300D !tHe 2r&lllNF.
APO AE 09324 APO AE 09324 Unit # 23119
APO Ae 09034
4. USAC8C CONTROl NUMeEft 5. MP REfOIIT NUMIim
•....
6. SlIlJ.IfIstAU.Al1dN~
.
..
0049.,Q3-CID899:-63S05 ..... ,.:,,' ...•.
_.LIe
To be conipleted by tbe cQllllt\8tllfel or $u~lIr of the subject identified bel6wemlln COft1l$panding MPJtm report. Check til WOci. ~ .i.~~IIOt~~
blocks. h! nllhlple olf8llses _ling in more th.n one type of aetlan taken Of "llon taken lor offenses IIOlistad in tbe report. exP.1n iI Wocl15, fteIMIb; _ 0 ' " ' ' ' ' to bI\ld$
checkbd and aClion 18keO lor otNn offenses. Retain last copy and return all oll1llls 10 addft$s1!e indicaled in "TD" block on tomplellan 01 rlllal8ctiOn,
1.....··H'''5'' bfo-t.r.
7. NAM€ dfSUBJtCT (lUI. fttt,J,fP, B. GRADE
SSG
19. sr' -
J~":') r1'l".L ...5'
r 1
10. DATE OF BmTH fYYYYMMDDJ
11 B. OFFEfIISE(sl l1b. DATE OF OFFENS£($I
ART 92 UCMJ: Failure to Obey General Order or Regulation (MAltreatment of a 2003/09/01 r
Prisioner) ART 128UCMJ: Assault (BA'ITERY)
ART 134 UCM1: False Swearing 2003/09/01
ART 78 UCMl: Accessory After th Fact
ART 134 UCMJ: Obstruction of Justice 2003/09/01
ART 92 UCMJ: Dereliction of Duty
12. ACTION TAKEN
08. -NONE o (I) INSUfFICIENT EVIOENCE o {21 OTHER (Explain in Remarks)
- Subject was advised that all hough no Gelion was taken. the report would be retained in Army records and that requests for amendment. correction. or expungemen\ may be submitted
lAW AR 190·IIE IMP Reportsl or AR 195·2 (CIO Reports).
Db. ADMINISTRATIVE
REFERRED TO (Check appropri"te blocks) DATE REFERRED (YYYYMMOOJ DATE RESPONDED IYYYYMM(JO/
F :; FAMILY ADVOCACY
D = DRUG/ALCOHOL ABUSE
S '" SPECIAL REFERRAL
E = EQUAL OPPORTUNITY
L = LEGAL OFFICE
M = MENTAL HEALTH
o A "" REUEF AGENCY
B
t. NONJUDICIAL (Article,5, UCMJ)
COMPANY GRADE B FIELD GRADE D SUMMARIZED
JU""'At
GeM AUTHORITY
o ,..~ H'.."",." ""'''- -",,'"
SUMMARY COURT MARTIAL
X SPECIAL COURT -MAATIAL
'R"'"""'.."'"""....."""".""",. . .,
GENERAL OFFICER
GENERAL COURT-MARTIAL
CIVIL COURT
13. JU'Pfj,,"WIIGI
X GUILTY
NOT GUILTY
DISMISSED R
OTHER (For example, guilty of 8 lesser Included offense. Explain in Remarks.)
B. REPRIMAND B
14. RESULtANT SENTENCES. PUNISHMENTS. OR ADMINiStRATIVE ACTION
;=: c. DETENTION
b. ADMONITION
d. FORFEITURE
ORAL
e. FINED
B $
(1, 0
121 IN WRITING
t MONTHS
~ I. REDUCED fROM E-6 TO E-4 0
g. EXTRA DUTY FOR DAYS h. RESTRICTED fOR D DAYS
::;:: I. wnnt""urc"ttU~---tlAVS 0
j. eONFtNE1J--- -YEARS '---MONTHS--
I---
k. PUNITIVE DISCHARGE ADJUDGED TYPE:
.
_. I LlDMlIlIlSIBAIUI.E.DJSCI::IABGE EFFECTIVE PATE
I--
m. OTHER (For example, suspension of driving privifeges. Explain in Remarks.)
DA FORM 4833. DEC 1998 OA FORM 4833. JUN 80. IS OBSOLETE
. .,.
be
,
15. REMARKS blCr:?,!eG'i3
___ ,
'PT4II.1iI. ......
Disposition received via Telephonic (...
.~
OF COMMANDING OFFICER
16c. DATE OF REPORT (YYYYMMDDJ
-~003/0 1"J"f-------i--
~.vG~· 8
7cbC OO'~l44
CIOP-OP (195) 13 Sep 2003
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: CID REPORT OF INVESTIGATION - INITIAL/FINAL - 01 17-03-CID899-
63549 - SY2C/SY2D1/SClJ/5Y2E2 1,-", L fJ. LJ ),( S
fc l!3
DATES/TIMES/LOCATIONS OF OCCURRENCES:
1. 1 Sep 2003/0S00Z 1 Sep 2003/0900Z; Ammunition Collcction Point, Baghdad Iraq,
Grid MBS2S80S.
DATE/TIME REPORTED: 8 Sep 200311 74SZ
INVESTIGATED BY: SA \0 Jc.~{J 10 t- l
: loa- j b1-01:8&:/; b~
SUBJECT: 1.
IoJ-C:5,
_ I
b_
k-S ; SFC;.£_ _ _,;_Iii . . . . . ..
. b 1-C--s b 0- 5"
t
1h
i;lc-S,I:kS"""M; C; C Co, 2/6 1nf, Camp Muleskinner, Baghdad, Iraq; CT; [Failure to Obey an
Order or Regulation] [ Assault (battery)][False Swearing][Obstruction of Justice]
C--£ b bl c..-sJ::ln-5' ,
2. SSG; J-- .M DOB; POB; M; C; C Co,
2/6 Inf, Camp Muleskinner, Baghdad, Iraq; CT; [Failure to Obey an order or
Regulation] [Assault (hattery)] [False Swearing]
3. PfC:fl be-.s- ; SSG;ifitb-fDOB; POB; M; C; C Co, 2/6 Inf, 1h
Camp Muleskinner, Baghdad, Iraq; CT; [Dereliction of Duty][Assault (battery)]
4.
[Accessory After the Fact]
&
blL:S: bts""
; ; SSG;
i;t C-5j lo r- S .
; DBO; POB; M; C; C Co, 2/6 1 Inf,
h
I.. " ;
Camp Muleskinner, Baghdad, Iraq; CT; [Failure to Obey an Order or
Regulation][Assault (battery)] [False Swearing]
5.
b 1(;-$, Pff-S-
__
'SPC' b -=fC- 5'! bip -£: i ; M',
1h
B; C Co, 2/6 Inf, Camp Muleskinner, Baghdad, Iraq; CT; [Failure to Obey an
Order or Regulation] [Assault (battery)] [False Swearing]
VICTIM: 1. U.S. Government [Failure to Obey an Order or Regulation] [False
Swearing] [Accessory After the Fact] [Obstruction of Justice] [Dereliction of Duty]
2.. 81(..-4) bye. I 2
(NFl); ZZ; [Assault (battcry) 1
Baghdad, Iraq; blC:-4]bfr tJ
3. , ;'bj£4 it-A
t
I Baghdad, Iraq,
. . . . . .; (NFl); ZZ; [Assault (battery)]
7 b dl:4)~&·4unknown,
FOR OFFICIAL USE ONLY- j t,i.;J v _ ~
7C-h( b::J ()O'/4S
CIOP-OP
SUBJ: crn REPORT OF INVESTIGATION: Ol17-03-CID899-63S49-
SY2C/SY2D lISC lJ/SY2E2
4. il C -]1! b Set
• • • • (NFl); ZZ; [Assault (battery)]
Baghdad, Iraq, blC;t./ ,;10&-1 ,
INVESTIGATIVE SUMMARY:
101alb~-t(
Investigation and.-were detained by US troops
while they were chasing a thief in the performance of their duties as security guards for a
Mosque in Baghdad. upon awakening for the day determined the three b?-'-3, br,·3
individuals were in US Custody and zip cuffed with their hands behind their back, told
~==:=::::' I hnd 3 to rough up the prisoners.b1c..-!S"", bc,.-S-
• ,J 1 and I entered the detention area and beganb¥-S, h(.-5
kicking the detainees. They then dragged them from the detention area to an area where
they were further abused by being thrown into a HESCO Basket and were slapped by
• later made an aUdiotape summarizing the events involving the b1C.-S,Io"-SS-
Iraqis and I issued an order that the tape should be destroyed.. tn-C::iP~·
and I made sworn statements to crn admitting to their blC--5 I 1£»{..-5"
involvement in the assaulting of the detainees. F and 7 have denied their ~-5", b,,-S-
involvement. Witness statements have been collected which implicate I and "U-S" I Ido-b"
I 2 in the incident with the Iraqi detainees. b1c..-S" ( ~-:)
STATUTES:
Article 92, UCMJ, Violation ofa General Order or Regulation (Maltreatment ofa
Prisioner)
Article 128, UCMJ, Assault (Battery)
Article 134, UCMJ, False Swearing
Article 78, UCMJ, Accessory After the Fact
Article 134, UCMJ Obstruction of Justice
Article 92, UCMJ, Dereliction of Duty
EXHIBITS/SUBSTANTIATION:
Attached:
~"I.ofp-I
1. Agent's Investigative Report (AIR) of SA~ ; describing the
investigative activity, interviews of relevant individuals and the interviews of the
victims.
2. Rights Waiver and Sworn Statement oLi- !
5
hf~~.ts
Waiver of
• • • • • • • Rights Waiver and Sworn Statement of,• • • • •Rightsb1C.-6" I Iob'S"
Waiver and two Sworn Statements 0 ,Rights Waiver ofb1C-S, ~"'5' _
• • • •1, Rights Waiver of and Sworn Statement ou b~-S I~-S-
""1fOR OFFICIAL USE OIQLY
-2- JvG~.lO
7GbC OO'ii46
ClOP-OP
SUBJ: CID REPORT OF INVESTIGATION: 0117-03-ClD899-63S49-
5Y2C/5Y2D lISC lJ/5Y2E2
b1f-4!~i.(
3. Sworn Statement of SPC _ I where he describes SSG
assaulting the detainees, and the attempt of SSG
Audiotape destroyed.
0-:)c'-4 I f(X,- '(
4. Rights Waiver and Sworn Statement ofi I $provided on 8 Sep 03 where he
indicates he witnessed SSG and SSG • • • • beat up a prisoner. bloC. -5', ~-5'
",1<--5,l::h- 5'
5. Sworn Statement of SSG • I where he denies assaulting the detainees but
indicates SSG I kicked the detainees.blc - S , be--6
101-(. -5", ~-S
6. Rights Waiver and Sworn Statement of SSG J I dated 7 Sep 03 where he
denies assaulting the detainees and does not disclose his knowledge of SSG
• • • • • abusing the detainees.Io1C--5/ w.,..S"
~-5 , ~ -S" k'1·C.- ~ I 111~- 5'
7. Rights Waiver and Sworn Statement of SPC , where SPC • • • •
states he was told to rough up the prisoners by SF and he states he.h1"-rS I ~"6
saw SSG kick the prisoners.~-S", b"-S"
b1(A{ ! Id--"
8. Rights Waiver and three prior Sworn Statements of SPC I where he
denies seeing any abuses to the prisoners.
9. Rights Waiver and Sworn Statement of SSG rat-E): bf,,~5"where he admits to
kicking the prisoners.
10. Rights Waiver and two prior statement of SSG •••
Rlb-Sirio -5 where he denies
I
assaulting the prisoners.
lot'--5 I ~-5"
11. Rights Waiver and Sworn Statement of SFC where he admits to
ordering the roughing up of the prisoners and slapping the prisoners. His
statement indicates he attempted to destroy the aUdiotape.
bjf-SJ b'P-S
12. Sketch drawn by SFC _ _ . outlining the area where the assaults occurred.
biG-5", ldo-.s-
13. Rights Waiver and three prior Sworn Statements ofSFC I where he
denies assaulting the prisoners.
ip1<':''t I ~-9
14. Sworn Statement ofPFC • I where he describes the apprehension of the
prisoners.
~-4th0-<f
15. Sworn Statement ofSPC where he describes the apprehension of the
detainees.
10 1-L-4 ! j;/p ~)'
16. Sworn Statement ofPFC I .,where he describes the apprehension of the
detainees.
.. FOR OFfICIAL USE ONLY
-3-
7cbG 00'74',
DODDOACID 007725
CIOP-OP
SUBJ: CID REPORT OF INVESTIGATION: 0117-03-CI0899-63S49-
SY2CISY20 1ISC 1JISY2E2
17. Sworn Statement ofSGT b3&:({ttf he describes the apprehension of the
where
detainees.
bt..£{!~1(
18. Sworn Statement of SSG where he describes the apprehension of the
detainees.
19. Sworn Statement ofPFC
1fU';fob-I.{ where he describes the apprehension of
the detainees.
20. Sworn Statement ofPFC i1(.••b'-4 he describes the apprehension of the
where
detainees.
21. Sworn Statement of S P C !
.I::b-lfwhere he describes the apprehension of the
detainees.
22. Sworn Statement ofPFC
\o1-~!bt' where he describes the apprehension of the
I
detainees.
i-J1£..-4 , b b * L ( . .
23. Sworn Statement of SSG where he destnbes the apprehensIon of the
detainees.
24. Rights Waiver of SSG »fl.-i.{ '~"-<f
25. Statement of -there he describes an Iraqi male who came to the
ACP demanding the release of the detainees.
b"+c:"R'rc.f
26. Rights Waiver ofssG.n.II.IiI.iI
.•
28. Rights Waiver of 2 LT• • • • •
29. Two Sworn Statements of SP 'bing hearing voices outside the
ACP and describing the individuals he saw.
30. Rights Waiver ofSPC W*&C4
iftC:6j 10 &;5'
31. Rights Waiver and Sworn Statement of SSG _ • _ where he denies kicking
or beating the detainees.
W(..;41 bp- L.{
32. Rights Waiver and Sworn Statement ofPFC _ _ •• where he describes how
he saw SSG I throw a detainee into a HESCO basket and how he heard ~1c.r5'1 bb-5
SFC r tell the soldiers to Rough up the detainees.lo"'l<-· 51 ~-b'
"'FOR OFFICIAL USE ONf:-Y
- 4-
7C£G
CIOP-OP
SUBJ: CIO REPORT OF INVESTIGATION: 0117-03-CID899-63549-
5Y2C/5Y20 1/5CU/5Y2E2
33. Two Sworn Statements ofsFc&4MW-describing the apprehension of the
detainees.
34. Rights Waiver ofSFC'et1!bfc~
3
35. Two Sworn Statements of where he describes the order issued by
SFC J E to rough up the detainees./otc.~s-, blP-S"
36. Rights Waiver ofPFC.-
tf
40. Sworn Statement of ~ii~Ii~;here he admits to kicking and tripping the
detainees.
Not Attached:
Retained in evidence depository.
41. Two audiotapes, One and ~fdiscussion and one of the
interviews of the Detainees.
The originals of Exhibits 1 through 36 and 38 through 40 are attached to the USACRC
Copy of this report. The original of Exhibit 41 is retained within the evidence depository.
STATUS: This is a Final Report.
Special Agent in Charge
DISTRIBUTION:
1 - OIR, USACRC (original), F0l1 Belvoir, VA 22060
1 --THRU: CDR 2_6 th Inf, Bn, APO AE 09024
TO: CDR, C CO, 2_6th InfBn, APO AE 09024
1"OR OFFICIAL USE ONL¥ ,. r\·· '"
-5- J IJ \1 w '• .1 .;,
7L--bG h~ 00',49
CIOP-OP
SUBJ: CID REPORT OF INVESTIGATION: 0117-03-CID899-63S49-
SY2C/SY2D lISCl J/SY2E2
1 - THRU; CDR, lOth MP Bn (CID)(FWD), APO AE 09336
TO: CDR, 3rd MP Group (CID)(FWD), APO AE 09336
1- SJA (ATTN: LT~, 1st AD, APO AE 09324 h1£-3, "'=--3
1 - PMO (ATTN: LTC I ), lSI AD, APO AE 09324 b1-"~ I b'--3
1 - File
.FOR OFFICIAL USE ONLy
JV\;"'~!~
. OO'i1 50
AGENT'S INVESTIGATION REPORT 0117-03-CI0899-63S49
r-------~~~~~~~--------I
CID Regulation 195-1
PAGE 1 OF 8 PAGES
DETAILS . . ~-I
Basis for Investigation: About 1745 Zulu, 8 Sep 03, SA _ r e c e i v e d notification from CPT
_ 2nd BOE, SJA, 1AD, stating he received notification from the Battalion Headquarters of
2/6 th Infantry that several soldiers from the 2/6 th Infantry has assaulted and beaten three detainees.
~1CI b~-I blc..~( Ib(P-/
About 0630 Zulu, 9 Sep 03, SA iiiiiiliitand SA.. . I . : this office received a briefing
from LTC and MAJ regarding an investigation conducted
by MAJ MAJ released several statements he obtained during his
investigation. (Exhibit _2->. LTC. I and MAJ also described two audiotapes
that were in their possession, one consisting of an audio recording between PFC and
SPC 3 where the assaults on the Iraqi detainees were described. The second tape was a
. recording of the detainees describing the events leading up to the assaults, including the assault,
and their eventual release.
Agents Comments: for an easier flow of this investigation, the statement of the soldiers that were
re-interviewed will be included with the statements taken by CID. Only those statements where they
were evaluated and no further interviews were conducted will be part of Exhibit 2.
b~1
About 0730 Zulu, 9 Sep 03, SA_collected the two audio tapes as evidence from a desk
top on the second floor of the 2/6th Infantry Headquarters, third room on the right (Exhibit _ 41->.
b1~1 b"l-<--4 ,bL2-'-}
About 1029 Zulu, 9 Sep 03, SA ~interviewed SPC I 4 I , C Co,
2/6th Int., Camp Muleskinner, Baghdad, Iraq. SPC_provided a written statement (Exhibit
_3-> explaining his involvement in the incident. SPC V denied having any involvement in the
assaults. IOlt·4 I ~·4
: Agents Comment: SPC Eta ekf ~ad
previously been advised of his rights and provided a written
. statement denying having any involvement in the abuses of the detainees (Exhibit _4->.
~hb(P~ b1- c ·"'I,b Ce-L./
About 1041 Zulu, 9 Sep 03, SA_II .interviewed SSG ] I . . , C Co,
2/6th Inf., Camp Muleskinner, Baghdad, Iraq. SSG _ provided a written statement denying
bheint gh inV~tlVed in tsheSGassaults of the prisoneltrtsh(EdXhtib~t _5~~ SS/~
t a e WI nesses e e alneesv1(..·S;~S-
l,_" ~i~ ~~~eJn his statement
OU'T', I ,,",u'
Agents Comment: SSG h~d
previously been advised of his rights and provided a written
statement denying being involved in any abuses with the detainees (Exhibit _6->.
btC:/,$?{,-J b I zc..-f n(,
~S-
About 1115 Zulu, 9 Sep 03, SA & 1 _ advised SPC &.. I E ,
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq, of his rights from a DA Form 3881. SPC
323D MP DET (CID)(DSE), Unit #92955,
APO AE 09324-2955
DATE EXHIBIT
14 September 2003
1
1 FEB 77
DODDOACID 007729
AGENT'S INVESTIGATION REPORT 1--_~01:....:..:17~:::..:..:D:::.::.:89=-=-9-6..::.=3~54-=-9_ _ _ I
CID Regulation 195-1
PAGE 2 OF 8 PAGES
waived his rights and provided a written statement denying assaulting any of the
detainees (Exhibit _7 -->.
lD~h(p-L.1
Agents comment: SPC _ made three prior written statements and was advised of his
rights. Those statements are attached (Exhibit_8-->.
~J
About 1101 Zulu, 9 Sep 03, SA...-.advised SSG
_ C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq of his rights. SSG his
rights and provided a written statement admitting to assaulting the detainees by kicking them and
then forcing them to do manual labor (Exhibit _9-->.
~I~:c-I
Agents Comment: S S G _ w a s previously advised of his rights and provided two written
statements (Exhibit _10_) where he denied abusing the detainees.
~~b~-) 05b~~
About 1249 Zulu, 9 Sep 03, SA_advised SFC
th
. 2/6 Inf, Camp Muleskinner, Baghdad, Iraq, of his rights from a OA From 3881. SFC
waived his rights and provided a written statement (Exhibit _11_) admitting to instructing his soldiers
to "r~he detainees and admitting to~ detainee while he was interviewing him.
SFC_...also admitted to asking SSG _ _ _ _ to have the audiotape of the description
of the handling of the detainees taped over. SFC_also provided a sketch of the location of
the incident (Exhibit _12-->. blc.-s ~ ~~-b
b':fc.:~.b Cp-LI
Agents Comment: SFC & b. was previously advised of his rights and provided three written
statements denying abusing the detainees (Exhibit _13-->.
~I
Sep 03, SA _ obtained a written statement of PFcttlli.t
C Co, 2/6tfi Inf, Camp Muleskinner, Baghdad, Iraq, had written concerning
t~is inci~ent (Exhibit_14_). SA~confirmed the statement of PFC...-a and swore
him to hiS statement. ~ ~.
tFK;lXLCe___ ' ~~L!.b~-t(
About 1309 Zulu, 9 Sep 03, SA _ obtained a written statement of SPC _
th
C 2/6 Inf, Camp Muleskinner, Iraq, had written concerning this incident (Exhibit
_II
_15-->. SA confirmed the statement of SPC-'and swore him to his statement.
.b~c..._ b~ /D~-~
About 1312 Zu Se 03, SA _ obtained a written statement of PFC
th
C Co, 2/6 Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit_16-->. SA
rmed the statement of PFC _ _ _and swore him to his statement.
~
3230 MP DET (CIO)(OSE), Unit #92955,
APO AE 09324-2955
DATE EXHIBIT
14 September 2003
1
CID FORM 94
1 FEB 77
AGENT'S INVESTIGATION REPORT 1--_-----=O:....:....11:...:.....7--=-:03:....,::-C:..:.::ID-=-:89=-=-.9-=63-=.....:54-=.....9_ _ _ I
CID Regulation 195-1
PAGE 3 OF 8 PAGES
DETAILS ~
About 1314 Zulu, 9 Sep 03, SA..--,obtained a written statement of SGT
C Co, 2/6th Inf, ~eskinner, Baghdad, Iraq (ExhibiC 17->.
confirmed the statement of SGJ,......and swore him to his statement.
~"Ib6-1{ ~I 1o(P-'
9 Sep 03, SA iiiIiiiItobtained a written statement of SSG
••• C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _18->.
nfirmed the statement of SSG ~and swore him to his statement.
Iofc.-( I ~(. b~- I -\ b C!:l{
About 1318 Zulu, 9 Sep 03, SA _ o b t a i n e d a written statement of PFC
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _19->. SA
ed the statement of PFC . . - . - a n d swore him to his statement.
tn-=Jc..I. b~-q. b1C;:Lf bfp
About 1320 Zulu 9 Sep 03, SA _ obtained a written statement of PFC . . . . . . .
th
• • • • C Co, 2/6 Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _20->. SA
rmed the statement of PFC . . . .and swore him to his statement.
~~~-'-I.Icb-(j
Zulu, 9 03, SA _ obtained a written statement of SPC iiil.~1
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _21->.
rmed the statement of SPC I 2a.t2.~d swore him to his statement.
~ (
1324 Zulu, 9 Sep 03, SA _ obtained a written statement of PFC • • • •1
th
Co, 2/6 Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _22_). SA
nfirmed the statement of PFc~and swore him to his statement.
~~ ( 1D1<-",( ~(p-4
1327 Zulu, 9 Sep 03, S A _ obtained a written statement of SSG iiiiIiiia
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _23->. SA
rmed the statement of S S G ! and swore him to his statement.
tJ'fC-tf bCr-L( 10'+'-'''' I -¥
. Agents Comment: SSG ~ was earlier advised of his rights and waived those rights. That OA
Form 3881 is attached (Exhibit_24->.
~l,b(p-I
About 1334 and 1335 Zulu 9 Sep 03, SA _ obtained two written statements of SSG
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _25->.
ed the statements of SSG. . . . . .;:md swore him to those statements.
b-=K--t.f.b \P~£'I ~
Agents Comments: SSG ~as earlier advised of his rights. That OA From 3881 is
attached (Exhibit _26->.
3230 MP OET (CIO)(OSE), Unit #92955,
APO AE 09324-2955
1
1 FEB 77
DODDOACID 007731
AGENT'S INVESTIGATION REPORT 0117.03-CID899-63549
~----~~~~~~~~------I
CIO Regulation 195-1
PAGE 4 OF 8 PAGES
~J.. ~{O~I
DETAILS
03, SA _ _ _ obtained a written statement of 2LT _____
C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit _27 ->. SA
rmed the statement of 2LT m tJb"'i
and swore him to his statement.
~-'1l
Agents comment: 2LT~had previously been advised of his rights. That DA Form 3881 is
attached (Exhibit_28->.
~-=f-C..-( , 1o(P-1
About 1345 and 1347 Zulu, 9 Sep 03, SA I obtained two written statements of SPC
th
• •_ I C Co 2/6 Inf, Camp Muleskinner, Baghdad, Iraq (Exhibit
_29->. S A - - - confirmed the statements of SPC[
, ,; ,arnd swore him to his statements.
b~ ftr-I..c.:-4.f,b~.1.(
1 1o.JC..~ ( rt b ."
Agents Comment: SPC E I & had previously been advised of his rights. That DA Form 3881 is
attached (Exhibit _30.J.
kRc:I, bCP-L
About 1411 Zulu, 9 Sep 03, SAtll I • advised SS , C Co,
th
2/6 Inf, Camp Muleskinner, Baghdad, Iraq, of his rights. SSG ~ved_ hi~jg(1ts and
provided a written statement (Exhibit _31_) denying abusing any of the detainees.b~'- I.( £
k>3<: \. bCp.-1
About 1435 Zulu, 9 Sep 03, SA_advised PFC C Co,
th
2/6 Inf, Camp Muleskinner, Baghdad, Iraq, of his rights. PFC _ waived his rights and
provided a written statement (Exhibit _32.J describing how he saw S S G _ throw a detainee
into a HESCO basket and how he heard S F C t e l l the soldiers to rough up the detainees.
--"101C.-ti( ,-,--6
About 1436 and 1438 Zulu 9 • •I.~'Otallned two written statements (Exhibit 33)
from SFC •• i C Co, 2/6th Inf, Camp Muleskinner, Baghdad, Iraq.
SA the statements of SFC~and swore him to his statements.
'O=f.C--t.f .~-I.f (
Agents Comments: SFC_had been previously advised of his rights. That DA Form 3881
is attached (Exhibit _34_).
fj:J.C;I. b& ( b~'i .b CoJf
About 1503 Zulu, 9 Sep 03, SA _obtained two written statements of PFC ~2 I XI ,
th
, C Co, 2/6 Inf,.....~ Muleskinner, Baghdad, Iraq (Exhibit _35_). SA I
confirmed the statement of PF~and swore him to his statement. I!>?f..-I(/p(..-I
lD1£.,-q I""'''C{ (ol<,-t/ ( Io"'-~(
Agents Comment: PFC 7·, .. had previously been advised of his rights. The DA Form 3881 is
attached (Exhibit _36.J.
..I1~'I~~\ JaC-~1 ~b~·l{. _
About 0700 Zulu, 10 Sep 03, S A _ a n d S A _ i n t e r v i e w e d _
323D MP DET (CID}(DSE), Unit #92955,
APO AE 09324-2955
1
FOR OFFI J V\~ w '.d.
1 FEB 77
00'754
AGENT'S INVESTIGATION REPORT 0117-03-CI0899-63549
r-------~~~~~~~--------I
c/O Regulation 195-1
PAGE 5 OF 8 PAGES
hdad Address: 7 j
hi L-1IiJii ~ y
(p fo~-LI
Mr.~ does
not speak English, Badge number ~ Titian International Group,
interpreted the interview. Mr. _ s t a t e d he was working as a security guard at the Mosque
and had been chasing a thief with two other employees. As they were chasing the thief, they fired
one shot from an AK-47 rifle they were carrying in an attempt to stop the thief. After the shot,
American troops appeared. As they saw the American troops approach, they laid their weapons on
the ground. As the American troops approached, the American troops told them to lie on the
ground. As they were on the ground, the interpreter with the American troops explained to them the
troops were searching for three individuals who were near the US Base, and that they were going to
be detained. One of the American troops put on his Night Vision Goggles and looked at the
guards and identified them as the people they were searching for. According to Mr.
asked the American troops what the basis of the judgment was that they were the individuals they
were looking for and was told because the pants one of the guards had on matched the description
of the pants one of the individuals had on when they were spotted by the facili% They were then h ""(
told that if a mistake was made, that they would be released. According to Mr. • n;w~a~ "
under the impression that the Mosque had been contacted and was informed that the three guards
had been detained by the American troops. According to Mr. around 0500 hrs, 1 Sep
03, soldiers entered the detainee area and began kicking them. Mr.. believed it was ,1
about 9 soldiers but did not know the exact number. Mr. _ s t a t e d three of the soldiers
were holding weapons while the other soldiers kicked them. Mr. _ stated that he and the
other guards were still cuffed with their hands behind their back. Mr. _ stated one soldier
was on each side of him, one kicking his right side the other kicking his left side. He stated that
after they were kicked, the soldiers dragged them from the detainee area and took them to near
dining hall where they were thrown into a trash pile and then left there a while. Mr. • • • •'~~
stated some time later a soldier wanted to talk to him. Mr. _ _ stated the only words in
English he knew was "My Friend" and repeated those words on many occasions. According to Mr.
_III• • two soldiers took the younger guard, picked him up by his belt and his shirt and threw
him into the HESCO basket two times. Then a black soldier picked him up (the younger guard) and
kicked his legs out from under him making him fall. According to Mr. one soldier asked 04/
him if he was AI-Quaeda or Fedehyeen or if they were paid three hundred dollars to kill American v»-4I
troops. He also asked Mr. 2 • if he was there to bomb the base. Mr. stated he
was then taken to a place where they park vehicles, they removed the cuffs and told them to move
stones while the soldiers pointed weapons at them. According to Mr. , at about 0900, 1
Sep 03, they were taken inside and then released to the Mosque personnel. Mr. when
the soldiers were kicking them they were saying word like "son of a bitch" and "shut up". Mr.
• • • •~tated his injuries from this incident were right shoulder bruises, left shoulder bruises, his
left leg was swollen for three days, bruises on his left arm, a cut on the left side of his chest,
abrasion on the left shoulder and right shoulder. Mr. _ stated after he was released he
3230 MP OET (CIO)(OSE), Unit #92955,
APO AE 09324-2955
1
1 FEB 77
DODDOACID 007733
AGENT'S INVESTIGATION REPORT 0117-03-CID899-63549
~------~~~~~~~--------I
C/O Regulation 195-1
PAGE 6 OF 8 PAGES
DETAILS
went to a hospital where he was treated for his injuries.
About 0845 Zulu, 10 Sep 03, photographs were taken using a Kodak easy share LS 443 digital
camera of Mr.Qc.Z,Z£.ij _injuries (Exhibit _37~.
bIn I b ~ blS:{' IDCo-1
About 0900 Zulu, 10 Sep 03, SA ._.I.i_and SAS •••• SL intelrvtewel._
.-.Baghdad, Iraq, Address:
not speak English the interview was interpreted by Badge numbe• • •~'l~:~l
Titian International Group. Mr. E stated he was working as a security guard at the Mosque
and heard someone outside and believed the individual to be a thief. The noise came from the
.parking lost of the Mosque where containers are stored so the guards exited the building to chase
the thief. They shot one shot to stop the thief. Mr. ~tated his job was to carry a light. Mr.
_stated when they saw the American troops approach they put their weapons down. The
interpreter asked them what they were doing there, they explained they were chasing a thief. They
were then told they should go with the American troops and they would do an investigation. Before
they left, they were allowed to wake up another guard and then they left with the American troops.
Before they left with the American troops, one of the Americans put on his night vision goggles and
looked at them and it was explained to them the pants one of the·individuals were wearing matched
the pants of some one the American troops were looking for. The guards explained the pants were
not a clue because they were very common pants. They were taken to a holding area, they were
told if they were the wrong guys, they would be released. According to Mr. I he stated he
asked the interpreter to call the Mosque for them. According to Mr. I • one of them
complained that the cuffs were hurting him. Mr. _ stated that at about 0300 hrs, their
security manager showed up and was told they would be released in the morning. At about 0500 to
0530 hrs, American soldiers entered the holding area told them to get up and started kicking them
Mr. ill stated he fell after being kicked and another soldier hit him in the face. Mr.IIi".'Ii
stated that the soldiers continued to kick them, then lifted him and dropped him on his head. He
stated he was unconscious from the fall. When he woke up, he stated the soldiers were dragging
him. He stated his hands came out of the cuffs and then the soldiers put iron cuffs on him. He was
then taken to an area where the soldiers eat and they interrogated him. He stated a black skinned
soldier kicked his friend and spit on his friend's head. He was asked if he was Fedehyeen or AI-
Quaeda, if he came to the base to shoot soldiers. He was then thrown into a HESCO Basket and
had his head rubbed in the dirt. He was then asked questions by an interrogator who slapped him
on the cheek. According to Mr. _ he was then taken to a parking lot and forced to do labor
by carrying stones. Mr. _ s t a t e d he did not go to a hospital, he stated he rested at the
Mosque, he stated he later went to a clinic and got a shot and some pills. Mr. explained
his injuries as pains in his stomach, right shoulder pain, left knee pain, and the cuffs left a mark.
3230 MP OET (CIO)(OSE), Unit #92955,
APO AE 09324-2955
DATE
14 September 2003
1
1 FEB 77
OO'i1 56
AGENT'S INVESTIGATION REPORT 0117-03-CI0899-63549
~------~~~~~~~--------I
c/O Regulation 195-1
PAGE 7 OF 8 PAGES
DETAILS ~.4
Photographs were taken of Mr.~injuries using a Kodak easy share LS 443 digital camera
(Exhibit _37 ->.
Agents Comment: Mr. ~-~as examined approximately 9 days after the incident. He did not .
display and bruising, only some minor scratches on his wrist. Mr. ~denied having any
noticeable injuries at the time of the interview. bloc.-'ll -
A~03, Baghdad,lraq,~,
~ was interviewed by SA and SA . Mr. 2 did not
speak English the interview was interpreted by Badge number • Titian
International Group. Mr. stated he was in the Mosque and stated he saw an individual
outside and believed him to be a theft. He stated he and two other guards went outside to chase
the theft and he fired one shot. Soon after the firing of the shot, American troops came up to them.
As the American troops approached, they laid their AK-47's on the ground. When the troops
approached them they explained they were chasing a theft. Mr. believed the American
soldiers would assist them in chasing the theft. Mr. _ stated they were told they needed to go
with them and a soldier viewed them through a pair of night vision goggles. According to Mr. • •~~
they asked if Mr. uld be contacted as he if the chief of the guards. They believed
he could get them released. They were then taken to a holding area where a Facility Protection
Service (FPS) gave him a cigarette. One of the American troops told them they were not allowed to
smoke so the cigarette was taken away. Mr. stated there was another detainee in the holding
area, he was given a bottle of water but told not to share it with any of the three Mosque guards that
was in the holding area. According to Mr. about 0500 or 0530 hrs, some soldiers came into
the holding area and beganakicking them. While they were kicking them they were insulting them by
calling them names. Mr.. stated while they were being kicked he fell and hit the ground
"badly". He stated he was kicked again while still in the air. Mr. F stated the soldiers appeared
to be drunk, he stated a black skinned soldier had difficulty standing and walking, he stated one of
his friends kept saying in English "My friend" and the black soldier laughed at him. According to Mr.
• they took each one to be interviewed by a soldier and while he was waiting to be
interviewed, a soldier asked him if he paid him $3,000.00 if he would tell them that they were AI-
Queada or Fedehyeen. He described this soldier as a very thin soldier who appeared to have not
eaten in a long time. He stated that soldier then threw him in a trash pile and stepped on his face.
Mr. ill stated he told the soldier that he could not admit to being AI-Quaeda or Fedehyeen
because that is not what they are. He stated he was then interviewed by another soldier and -I(
taken to a parking lot where he was forced to move rocks. He was later released. Mr. ..,
described his injuries as pain in both his shoulders, right knee pain and a dislocated hip. He stated
he went to ZAFARANIA Hospital for treatment then to ABITRAB clinic.
323D MP DET (CID)(DSE), Unit #92955,
APO AE 09324-2955
1
1 FEB 77
I , DODDOACID 007735
AGENT'S INVESTIGATION REPORT 0117-03-CI0899-63549
~----~~~~~~~~-------I
CID Regulation 195-1
PAGE 8 OF 8 PAGES
DETAILS )~-L/
Agents comment: Mr.IO~as tested concerning his ability to understand the English language .
• • • •asked him in English "Are you being paid three hundred dollars to kill Americans are
"""",." or AI-Quaeda". Mr. was asked to explain to the interpreter what SA
• • •~a asked him. He stated if I give you three thousand dollars will you admit to being AI-
Quaeda or Fedehyeen. Mr. - . . did not display any injuries when interviewed.
. ~h·c.r
~-l{\
Mr. ltfi<..-'"\ • was p h0 t ograp hed a 1'th oug h th ere were no sign! Icant InJunes note. Th e ph0 t ograp hs
··fi··· d
were taken using a Kodak easy share LS 443 digital camera (Exhibit _37~.
About 1130 Zulu, 10 Sep 03, SA \:A-<..:!:'Pk -( and SA~i1.c.:(,'D~j photographed the location of the
incident using a Kodak easy share LS 443 digital camera (Exhibit _37~.
b-:rcl, Io~-I (g:J.c;(,IoC.-f
About 1200 Zulu, 10 Sep 03, SA • £ and SA. I.
went to the ZAFARANIA Hospital to
locate records of the treatments of Mr. I and Mr According to the hospital staff,
records are only kept on emergency treatments and they could not locate any records indicating Mr.
Mr. were treated there.
;fC~, 1tJb·t('r ~1.:::r" 10("-1 blL~b':'lbf:r5'"
About 1221 Zulu, 10 Sep 03, SAR_ • advised SSG £ of his rights from a DA Form
3881 (Exhibit _38~. SSr~invoked his rights and requested to speak to an attorney.
-1tJ1C.-:~
, b~i ~·S(bb-~
About 1337 Zulu, 10 Sep 03, SA.-.advised SPC &. of his rights from a DA Form
3881(Exhibit _39~. SPC I waived his rights and provided a written statement (Exhibit _40~
admitting to kicking and tripping the detainees.
About 1145 Zulu, 13 Sep 03, SA &1
:bCt>-f reviewed this investigation with CPT b-;C::i'lo Co -,3 t
Senior Trial Counsel, Military Justice, 1AD SJA, who reviewed the results of the investigation and
opined there is sufficient evidence to believe the following individuals committed the following
offenses:
~.S'
1. SFC ~ Violation of a General Order (Maltreatment of a Prisoner), Assault (Battery),
False Swearing, and Obstruction of Justice.
2. S S G " " - ' 'ljolatio[] of a General Order (Maltreatment of a Prisoner), Assault (Battery),
~S
FaIse weanng. WL~
3. SSG I
.
."-6'
fC.-!> \ ~(,-~
i15erehc~ion of Duty, Assault (Battery), Accessory After the Fact.
4. SSG Eailure ~~.~b,,9J.!>..a General Order (Maltreatment of a Prisoner), Assault
(Battery), Falsej)wearing. h (._ '-,bb-b
5. SPC ~Failure to Oo~y ~ 'General Order, Assault (Battery), False Swearing.
""I11"""""""""""""I11'IIIIIIIII""""""I11""/Last Entry/""III11II""""I""""""""I11"""IIIIIIIIIIIIIIIIIIIIIIII
_c"f".-~II b~-.II~ 3230 MP DET (CID)(DSE), Unit #92955,
APO AE 09324-2955
1
1 FEB 77
OO',5R
Page(s)
•
•
Referred to:
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj @centcom.smil.mil
(813) 827-5341/2830
SWORN STATEMENT
Fil.e Number 0117-03-CIDB99
Location Baghdad, Ir.!3.... ~-Lf b;;,-<.{
Date 09 Sep 03 ~g...... (
Time \0'.). q ~ . . l:J1=A.{{ tJ, f
Statement of • • •_ _ _ btc--y ,/(}b-lj-
Grade/Status E4/RA
SSN - -_ _ b7f:--L{ /[11-,/
Org/Address C Co, 2/6, Inf, lAD
~-I{*~----bIC1iert---W-A-N~-~~-~~;;-;H-;~~~~;;;N-G--S~~;;~~~;-U-N~~;-;~;~;----------
"',¥--~,~-<.J: SF. b~-A ,bfo"/
..,A: b'T'-='Y bb -4 b=K.~5"(kl:ro 101£.-6c t;t,-O
~J: Did you wi tness anyohe other than SSG • or SSG stri ke one of the
,b":IL-L{(tft,i ~r i soner s?
: No. 1o'tL-S, 17"," S-
W-'o4j ~ji: l-low did SSG strike the smallest prisoner?
I : He kneed him in the stomach twice.
'01C'''f~.q:: How did SSG 2 strike the smallest prisoner? 101<---5'{Iofe,-~
: He grabbed the prisoner's shirt and slammed the back of the prisoner against
the fence.
~/1DlD~ 2: Has anyone else told you that they assaulted a prisoner that night?
~~:IiNlololnl~.~ actually told me they hit anybody, but PFsck
w assaulted someone and SFe • would a
4 told me that ~SG b"'(.d-~_(1Iob~'11.J 5
the prlsoners a questlCJn an /PI (.,S;rJI'
as soon as the prisoners would start to answer, SFC would punch them in theIDU~6,loh'6
mouth.
Q: Has anyone from that incident approached you and asked you to lie or destroy
"rc..q~tlle tape that you and PFe made ?Iolc..-'" I ~-t(
~: SSG asked me where the tape was that had his name on it. He 1:.'~)ld meb1C.·';,bfC,-S
t\)at SF': new T had a tape that had information regarding the inci.der.t on fd:lc... 5 ,1dr6
.:. t. told me that if I did have a tape that I needed tr_, clear: . t orblc;.·S',bb O
~hraw it away because he didn't want anyone to get into trouble.
~..q,l::*""O: Did SSG _ threaten you in any waY?~(,.·SI ~'b
. : No.
0: Did anyone tell you that they were going to lie to the investigators
tiL~~conCerning this investigation?
~: SPC told me that he was going to say he didn't know or see anything
after he was telling a bunch of people about how the prisoners had been beat up.
J chink everyone knows about what happened, but a lot of the other guys have said
~nat they 3re going to say that they haven't seen anything.
~..J..(fl!-1.j. :jjc; :~l": te:"l you what he was going to do wilh t.he rr1sone1:::, ·~.ha~·. ·:iC;!lt?
~: He s~td "We gonna fuck'em up".
ft,1L·Lt{~:.t: Do you have ar.ything else you wish to add to this statement '?
~. No.II/END OF STATEMENT///
hfC.-l{~~4
EXHIBIT INITIALS OF PERSON MAKING ~TATEMENT AIIIl PAGE 1 OF 2 PAGES
OFFICIAL USF 0NLY EXHIBIT
--- 3; .J U ~I ~
00'760
IJ .:; 8
~/l7-o3 - C I Df}:i9 - 6 s5-'t?
STATEMENT OF: TAKEN AT: Baqhdad, Iraq; DATED: September 9, 2003 CONTINUED:
AFFIDAVIT
i~ - -- ete.-47**-4 --l~r~~:-;;A~~~; -H-A~~ ;P~D-~~:'D-~~ ~r; ~,~ ~: -S~'~'~~~~:~I~ -'!~~~~ ;r~s~ ~ ~ ~~~.-
?AGE 1 AND ENDS ON PAGE 2.
- -
1 FULLY UNDERSTAND TI!E CONTEI~TS OF T~iE ~N1'IRE SfrA~EMEN'r ~ADE
- --
BY M~. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INiTIALED THE
BO~TOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT
~OPE Of BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAW~UL
INDUCEMENT.
:·';UL.5I..:1~ibed cdlG. S\oJOl"i-l to before me, d. persoll authol-ized by law tu administer 0~t.L,
til.i" ~>~ptp.mber 9, 2()03, At: Baghdad, Iraq,
SPECIAL AGENT ••
.1I_ i••Ii••
~,.IiI
blU-/? kir(, b;)..
323RD MILITARY POLICE DETACHMENT (CID) (DSE)
••
(1''l{y~d Nar.l(' ')( Pt"L90n Administering Oath)
(Autr.ority tc ,qdminlsteI Oath!
EXHIBIT
OFFICIAL USE ONLY
DODDOACID 007739
Page(s)
•
•
Referred to:
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj @centcom.smil.mil
(813) 827-5341/2830
SWORN STATEMENT
File Number 0117-03-CID899
Location Camp MUle Skinner, Baghdad, Iraq
Date 9 Sep 0 3 _ b~'{,b(P-q
Time ,O:y \ ~_ b1C1,b"·~
Statement of _ _ _ _ _ 101'.-f,blP-L(
Grade/Status SSG b;c.1,bID-t./
SSN
fftim,r/-w~~~:;;-~;:~-T~~:;;~:-;;~~~~;~~;~~~;~~;:-!:~~---------
£
I would like to add additional information to my statement of 7 September 2003:
As we entered the detention area I went strait over to the detainee in the far
right corner. I bent down and asked if he spoke English. He replied, no. I
ftnther asked, under the assumption he mo.y be lying, if he and his buddies I"ere
to!d they'd get $300.00 USD for corning to the ACP to kill u.S. soldiers. He
replied, no, again. During this time I heard SSG tell the detainee to my~·b,bf.,·5""
right to wake up, get up and heard the noise of a kick and a yell from him. I
then went over to that man and sat him up and asked the same questions I asked of
the first. During this time I had my back to the detainee I just talked to and
the one in the far left corner. I heard two (2) separate yells from the detainees
but did not see exactly what was going on. I assume they had gotten a kick as
weI I for a . . . p1C.""\Pf..-t(
kb-if By SA b~-I "1<1,
bl<.4-I~ By SSG b~1,tJ(P-~
Q: Other than SSG II kicking the detainees, did you see anyone else lIi t
ftfIt."'I,bb4 Y of tIl,:' detainees .
. .:
Q:
No.
After SSG_... Jobaf
Li'tv
~ kicked the detainees, did any of them complain of any
I.o=i<--LIJ J:i,4 1men t :,;.'
~: No, !10t that 1 know of.
ftJb-4
L .. , -4 Were you present for all the interrogations conducted that day?
10'1" _: Not a~.l the interrogations, actually none of the interrogations, I was c't the
other end of the hallway, after the first interrogation, when they carne back to
get the ~econd guy, I left to get breakfast.
f:pqc..-4/~-</.i: Did anyone speak to you about the interrogations later?
. . . . : No, I was told later that they were coming down to speak to one of their
..
lD-=k." L/,fti:r4 J : ~id al1jC:1€ tell you that the detainees were beaten up?
Q:
b1c..q~n te r rog a f:. i on?
No.
:
:
friends, 1 was also told they were chasing a thief, That's what I found out later
in the day.
1
tD~ 0, d·
,~-5'
, u. laP 75"
SS L 0 r to1<--5(b&£"
SFC. boast about the results of the1r
b7f;-4, : 1s l.he~E' anything you wish to add to th1S statementjlD%'t( b(,.J.( m<.-61kk-~
.-: I L,"Cdll that when I was 1n llne to qet chow, s F c l . _ . s t a t e Cfet I
away f~o~ ~hose guys because I don't want him doing that shit.
loJ<...I../t~-4
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE --1__ OF ~ PAGES
c·
EXHIBIT_J_
OFF!CI.AL USE ONLY
STATEMENT OF: ?~C:l! br"l ; TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003 CONTINUED:
f4-rtf Q.What does he mean by that?
161=..Jf, . • ; I guess he didn't want h:'..rn tripping the guys. He has a history of tripp1-ng
deta.Plees.
Anything else?
No.///END OF STATEMENT///
~..t.t~
EXHIBIT INITIALS OF PERSON MAKING STATEMENT ~ PAGE ~ OF ~ PAGES
. n r.:
.)U\lo.J\J ... J
OFFICIAL U~F ONLY EXHIBIT _')_
00?64
01 f7-03-l'/o8<:t9-6 ~St?
STATEMENT OF: b]5f,3t 0"/. TAREN AT: Baghdad, Iraq; DATED: September 9, 2003 CONTINUED:
AFFIDAVIT
~.~_W' ________________________________________________ _____________ _
I, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON PAGE 1
AND ENDS ON PAGE: 3 . "[ FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEI-iENT !>lADE BY
ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE
B()TT()~l OF EACH PAGE CONTAINING THE STATEMENT. 1 HAVE HADE THI S STATEMENT FREELY WITHOUT
HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL
INFLUENCE, OR UNLAWFUL INDUCEMENT.
(Signature of Person Making Statement)
me, a person authorized by law to administer oath, this September 9,2003, at Baghdad. Iraq.
lo
SPECIAL AGENT .1o.1.C;.·'Ii'i.K.'i'".;J
....
323RD MILITARY POLICE DETACHMENT (CID)
Unit 92955, Baghdad, Iraq
APO AE 09324-2995
(Typed Name of Person Admlnistering Oatil)
ARTICLE 136 (b) (4) UCMJ
(Autlloritr tt-, /!dmini!;ter Oath)
,'HTNESS:
EXHIBIT INITIALS OF PERSON MAKING STATEMENT
~'-tbt-t.1 PAGE ~ OF ~ PAGES
." .
) V \~ "" '" ~ l!
OFFICIAL USE ONLY EXHIBIT ~). -
00'765
Page(s)
•
•
Referred to:
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj @centcom. smil.mil
(813) 827-5341/2830
RIGI"j
<?'I--------------------..
ARNING PROCEDUREIWAIVER CER'
i~,
TE
For use Uf this fo'l11, see AR 190-30; the proponent agancy is ODC~_ . .;
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRtNCIPAL 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/altemate means of Identification to facilitate filing and retrieval.
DiSCLOSURE: Disclosure of your Social Security Number is voluntary.
2. 4. FILE NO.
B.
~~~~__~________~C
Section A. Rights
The investigator whose name appears below told me that he/she is with the United States Army C {/ (17/;" c, I L k 't';,(-i-(jC.ti~' r- Dl'--5"' ~-6
and wanted to question me ebout the follOWing of whiCh I 'm
Rfllhe/She asked me eny questions ebout the offense(s), however, he/she mede it clear to me that I have the following rights:
o not have to answer eny quastion or say anything.
ything I say or do can be usad as evidence against me in a criminal trial.
r personnel subject othe UCMJ I heve the right to talk privately to a lewyer before, during, and after questioning and to have a lawyer presant with ma
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Governmant or a military lawyer detailed for me at no expense to me,
or both.
- or-
(For civilians not subject to the UCMJ) I have the right to talk privately to e lawyer before, during, and after questioning and to have e lawyer present with
me during questioning. I understand that this lawyer can be one that I arrenge for at my own expense, or if I cannot afford a lawyer and want ona, a lawyer
be appointed for me bafore any questioning begins.
I am now willing to discuss the offense(s) under investigation, with or without e lawyer present, I hava a right to stop answering questions at any time, or
speak privately with a lawyer befora answaring further, evan if I sign the waiver below.
5.
first and without
I 1 a. NAME (Type or Print}
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. OF INVESTIGATOR
} ,-,(p.{
'-:><7-.5
11.1 /
r~' (
OFT (L'T »)( IJJt)
Section C.
1. I do not want to give up my rights
o I want a lawyer o I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT IDA FORM 2823) SUBSE~UENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
OFFICIAL !JSF,: ONLY EXHIBIT "7
/""'6-,;r-
00:"1'""'1
tJl f) -0 3 - G ID~fj - 6<;,s'17
SWORN STATEMENT
File Number
Location
Date
Time
Statement of
Grade/Status
SSN
Org/Address C Co 2/6 INF, lAD
; --------nC~f e~-o-- ---~ -~~~-~; -~~~~ -T-H~- ~;~~~~;;G- -S;~;;~;~; -~;~~- ;~;~: - --
kIt---b-t{p65: SA 1:nC--I, ~- (
~: p~~~p~-b
Q: Were &gu told to rough up the prisoners when you were told to bring them to
i1C.-f>\ iPb-6"SFC • by SFC • b~C.5,bb-;5"
" A : Yes. -S"
~c.-t>k(;.-6 Q: What did SFC mean by "rough" up the prisoners?
I~: I interpreted it by meaning man handling. Throwing them around, pushing them.
""f'(..-~ilo'","Q; Did you see anybody assault any of the prisoners?
1IItA: Yes, SSG kicked one of the prisoners in the back of his right knee ·/01,,-5" t~-S
~~~Q; When did you hear the detainees scream?
(e
" _ A : As I walked to go get them out of the detention area I heard three screams of
'
,~~~soldiers.yelling for the d~tainees to get up and let's go, then I hea~d one of
,fe··
!SfC:.lQ}
j
pain and I saw SSG
: No.
kick one of their knees out from under them.
the Iraqls scream loudly, lt could have been out of fear or out of paln.
: nid you witness anyone else assault the detainees?
I heard/lf-tC.·6c/obO
lP1L>:6(~:2: Did you assault any of the detainees?
.. - . : No.
Jii~ Q: Has anyone told you they assaul ted any of the detainees?
Idft' '~: I herd that SPC kicked one guy. SSG told me that he stood the
det'.ainees up in the detention cell area and then kicked them down. SSi~!!!F~ID":fC."$PI:sO
did not tell me where he kicked them. SSG ~:::=I~ also told me that SFC 1o+e.-$.bp-6
hit one of the detainees in the face. SSG4 did not say if SFC b~~~
hand was closed in a fist or open.
~'"'-S- Q; Did you see SSG assault any of the prisoners?"1C.,S'/~·6
:,~: No, I observed him walking around whispering to the detainees.
Q: Did the detainee you observed getting kicked in the back of the leg limp when
:.lilfSitoP;;ae: got up.
Yes, he had a little limp.
~~/~:. Do you have anything else you wish to add to this statement?
No.///END OF STATEMENT///
b1e:tr.!:ip- b'
EXHIBIT INITIALS OF PERSON MAKING STATEMENTiIiiii PAGE 1 OF ,-
2- PAGES
:JFFICIJlJ. I mE ONLY' EXHIBIT_7_
OO';~68
STATEMENT OF: TAKEN AT:Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
AFFIDAVIT
I~ - i ---bTC="5"T ~b- - - - - - -~V~ ;;:0 -~; ~~~ -H~ -;E~ ~~ -;H-I~ -;T~;~E-N~-~~I~~
- - ;0- - - - --
BEGINS ON PAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE
STATEMENT MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE
iN ['j'TALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT
"'R!':ELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT
OR UNLAWFUL INDUCEMENT,
Subscribed and sworn to before me, a person authorized by law to administer oath,
this September 9, 2003, at Baghdad, Iraq.
SPECIAL AGENT
323RD MILITARY POLICE DETACHMENT (CID}(DSE)
(T)p,'d Name of Person Administering Oath)
ARTICLE 136 UCMJ
L·lutilOl"itj· to Administer Oatil}
WITNESS:
/01<.. -5 1oE,-6'
EXHIBIT INITIALS OF PERSON MAKING STATEMENT~ PAGE ~ OF ~ PAGES
OFFICfAl USE ONL'{ EXHIBIT-......;.7_
00'769
DODDOACID 007747
Page(s)
•
•
Referred to:
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj@centcom.smil.mil
(813) 827-5341/2830
DODDOACID 007748
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22.1943 (SSN/.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
Your social security number is used as an additional/alternate means of idantification
).~"~~~~~~~----~
9.
Ov-tr
G STATEMENT
~ ~PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING ·STATEMENT _ _ TAKEN AT
, ------~------------------~
_ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823. DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE USAPA V1.00
OFFfCfM. I}SE ONl'{ EXHIBIT q
_ _ _ _ _ _ _ _ _ _--t!\;,,~ .....Io..:Ooi._.~__~...."
~.;.Iw..
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PlEASE PROCEED 1'0 FINAL PAGE OF THIS FORM.
STATEMENT OF ~~~
'-V~s.. d()l\<:..
6J.~~c) e
~"'-~ ~.
--=s- J VC1. I" cJ -e J
Ct.~+-cr 0..\\ 1lJ-c...~l'.c')"'l.'Cd -:I:.... ~S C)r-~ou-"'C"cl ,c:a
j/ \:il-<" - 5 Wo·S-
) S t, I. 1IiiIiiiiII
.
,~ Col. ~ -c c..... ~O W\.C:) ..J -e. ~ ~ '"'" -.
rc>c)(s ~.:> O\.. ...... ~ Gl'\,~~~. \ ~CA..LoV )'\.O\. OV\.-e
<y{: -th-C-IIV' J~\.' -:s b"t:"C>..\- Ur t-k'--rJ Cb~ ~·.cl-e
1)('"
~I'CI~ eCol-J-t ~ -e.r-' ) (\..C> \:, \c::.od ; IVO
J ~\-e \l-<V'\. ~CJ~- s . \ ~ -e y
c.v~ t \t-t'6 0 v ~ a.(''\--kL A(? C>V'- +h'-(';,- O ...... 0 ~ e h" •
or;: -' 1
~ "":l.. ~~. ~
'
~D\.~ c... \: ""'~ •
\\O~: aIL-") e) S e
GI b"'-' 5
INITIALS OF PERSON MAKING STATEMENT
PAGE;( OF '3 PAGES
PAGE 2. DA FORM 2823. DEC 7998 USAPA V1.00
OFFICIAL USE ONLY EXHIBIT ?
\
TEez~~~~~~:l... ~/o{,..O"
STATEMENT OF
9. STATEMENT
=..o,--_~
(Continued)
-_."
{lC> ~k, v'lS
e\s.e
~\(04.J~
AFFIDAVIT
I,S , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS PAGE 1, I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL IN
WITNESSES: Subscribed and sworn to before me, a pers~n authorized by law to
administer this Cj ~ " day of $-<1' L ,Q ¢ Ill' '$
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF
PAGE '3 OF ~ PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAPA Vl.00
OFFICIAL USE ONLY EXHIBIT g
00'7'73
RIG!':'::; WARNING PROCEDURE/WAIVER CER
For use of this form. see AR 190-30; tho proponent agency is ODCSOPS
DATA REaUIRED BYfHE PRIVACY ACT
AUTHORITY; Title 10. United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: 'iour 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.
4. FILE NO.
The investigator whose nama appear. below told me thet he/she is with the United States Army
end wanted to question me about the following offense!s' of which I am
suspacted/accused:
Before helsha asked me any questions about the offense!s', however, he/she mede it clear to ma thet I have the follOWing rights:
1. I do not heve to answer any quastion or say anything.
2. Anything I say or do can be used as evidence against me in B criminal trial.
3. (For personnel subject othe UCMJ I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer presant with ma
during quastioning. This lawyer can be a civilian lawyer I arrange for at no axpense to the Government or a military lawyer detailed for me at no expense to ma,
or both.
- or-
(For civlllllns not subject to the UCMJ/ I have the right to tslk privately to a lawyer before. during. end efter questioning and to heve e lawyer presant with
me during questioning. 1 understand that this lawyer can be one that I arrange for at my own expense. or if I cannot afford B lawyer and want one, a lawyer
will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offense!s' under investigation, with or without e lawyer present, I have a right to stop answaring questions at any tima. or
speek privately with a lewyer before answering further. even if I sign the weiver below.
5. COMMENTS (Continue on reverse side/
I understand my rights as stated above. I 8m now willing to discuss the offense(s) under investigation
having a lawyar prasent with mao
la. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
o I do not want to be questioned or say enything
USAPA 2.01
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE
OFFICIAL USE ONLY .
EXHIBIT _7_') _
:J.j ~; "" u
GJ
00'774
ARNING PROCEDUREIWAIVER CE"~¥?~ TE
For use of this form, see AR 190-30; the proponent egency is uU''-''''V'-''
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(gl
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Sociel 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.
8. ORGANIZATION OR ADDRESS
C ?6 ;Z/6 /;<-/!-
C H~I£r:k"~-;'<"
WAIVERfNON-WAIVER CERTIFICATE
L4/......-,,;,....,p. ( /.;t.I r./€ $ "~P> c,c.J
t
The investigator whose name eppears below told me thet he/she is with the United States Army
u., If> "-:::::'
auspected/_~.II
t?5 ~ S'"~:?:L
4~'A<./,rt
A~
~L;-,~".-q.r.&U?...-T dE 0-
and wanted to question me about tha following offense(s) of which I
/kJ-tf:c.-r;'"..s=, htCc <~ c~ .. •
fore he/she asked me any questions about the offense!s), however, he/she made it clear to me that I have the following rights:
I do not heve to answer any question or say anything.
Anything I say Dr do can be used as evidence against me in a criminlll trial.
(For personnel subject othe UCMJ I have the right to talk privately to a lewyer before, during, and after questioning and to have a lawyer present with me
during questioning. This lawyar can be a civilian lawyer I arrange for et no expense to the Govemment or a military lawyer datailed for me at no expense to me,
or both.
- or-
(For clvlfians not subject to the UCMJ) I have the right to talk privately to a lawyer before, during, end after questioning end to have a lawyer present with
me during queationing. I understand that this lewyer cen be one thet I arrenge for at my own expense, or if I cannot afford a lawyer end want one, a lawyer
will ba appointed for me before any questioning bag ins.
4. If I am now willing to discuss the offense(sl under investigation, with or without a lawyer prasent, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, evan if I sign the waiver below.
6. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as stated above. I am now willing to discuss the offanse(s) undar investigation end make a statement without talking to a lawyer first and without
having a lawyer present with me.
WITNESSES (If "1I..,ilIIIJ.,I,.J
1a. NAME (Type or PrInt)
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATO~ )
S.J-J>.eJ H.R ~'TC- C/IJ
Section C. Non-waivar
1. I do not want to give up my rights
o I want a lawyer o I do not want to ba questioned or say anything
2.
.
SIGNATURE OF INTERVIEWEE
WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSE~UENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE ,~.o~ G1
()FFIGIAL USE ONLY' EXHIBIT
SWORN STATEMENT
File Number 0117-03-CID899
Location Camp Mu~est~' Baghdad, Iraq
. I
Date 9 Sep 0 3 "'"~-
Time
Statement of
1'1. oS" Z Mf6; its-
Grade/Status SSG
SSN
On the night prior to the 1 st of Sept. myself and a couple of NCO's had to leave
the ACP to go back to Muleskinner for an NCOPD. We came back out the following
day with morning logpac around OSOOhrs. I was told about the 3 Iraqis that were
probing the wire with AK-47's and now had detained. We all at chow, We all ate
chow, after were finished, that's when SFC was upset, he had heard about
the 3 guys with AK's, he told us to go rough them up, so myself and h~-~~~
walked out to the detainee area and once we went inside, I picked up one of them
and kicked him in the back of the leg and they went down, I did that to each one
of them while they were on the ground I kicked them. The first one I kicked him
once when he was on the ground, the second guy I kicked twice and the third guy I
kicked once. Then we escorted them over to the Command Bradley. We brought them
into the walkway, The guy that I was escorting I motioned to him to sit down, I
did that a second time when he didn't then I put my foot in the back of his knee
and forced him to the ground. I did that part according to ATM, (Ask Tell Make)
once they were there, we brought each one of them to SFC and arlt1"5( b"-()
interpreter to be questioned. After they were being done being questioned, SGT
2 took the three detainees out to the front driveway and had them start
filling in the driveway with big rocks and sand. That's were my involvement
stopped. _~~-51~-~
wMi5: By SA. ~(..(. bc..·{
.~: By SSG e~·f( ~·S
Q: The Iraqi's had injuries to their backs, do you know where those injuries
~me from?
~"'A: It might have been when they fell on their back when I kicked them and they
hit the ground.
Were the Iraqi's zip cuffed when you did this?
Yes.
Did any of them show signs of injuries, limping, stuff like that? "",
The only one that showed signs of injuries was the small one, he was limping
then he was walking all right until the sheik showed up then he started limping
again, it looked like he was putting on a show.
,Jdk,I!>-: Why did you do this to these prisoners?
'-4IIA SFC I told us to rough them up, I was also upset because we get shot at
all the time and we can't do anything about it, it was to show them to stop that
illld stay away. It wasn't intended to injure them I guess it just happened.
Q: Did you see anyone else hit kick or otherwise assault the prisoners?
lfl[,.§ ~'b
EXHIBIT INITIALS OF PERSON MAKING STATEMENT'~ 1_ OF ~ PAGES
PAGE _ _
9
EXHIBIT -~6"'IO';1'76
b+c.:-6)D~ S"
STATEMENT OF: . . . . liliilii.iI........ TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
.-SNO.
;~5" Do you know who pushed or threw a prisoner into a hesco basket?
~: Yes myself and SGT threw the guy into the hesco basket and I kneed
' . 1n t h e Sl d e.
the Iraq1 . . 01"-I>/.,..-S
Who was there when you did this?
SFC and SPC , I don' t recall who else .b1(..-6", b'-~
Have you been told by anyone of anyone else assaulting a prisoner? 1o't-c:s,lofp-b'
Yes, I was told by one of the other soldiers around there that SFC . . . . . . .
slapped a guy. I heard a slap but didn't see it.
~gs- Do you know what the three Iraqi's were doing that night?
.~: I was told they were probing the wire, that they were running back in forth
in front of the wire, I was told that once they were seen that they took off
running.
Has anyone instructed you to treat prisoners this way?
~7 No.
Have you treated prisoners this way in the past?
C No.
Do you know what SFC
h+C:6jIo~-5
• did with the prisoners?
~. No.
~~ Did you see what he was doing with the prisoners?
.~: The only thing I saw was him questioning them, then after he was done, I went
back inside.
Did you see him question all of them?
C Only the first two.
Did anyone see you kick the prisoners?
1G5bI...~. I'm not sure.
....
~~. Are you part of the "Beat down squad"?
~ No that I know of, I didn't know there was one.
7QJ!.Ct-.. Why were you asked to rough up the prisoners?
-~ Because they were probing the wire with weapons and that could lead to
someone getting shot or killed if they got inside the wire.
Q: When the Iraqi's fell after you kicked them, did they fall hard enough to get
fCS~Snjured?
~: They could have, from their own weight hitting the ground.
They were zip cuffed during this whole time?
Up until after ,the questioning, then they were led out to work.
Were they having trouble working because they were injured?
No, I sawall three of them working and lifting heavy rocks.
Other than SFC telling you to rough them up, did anyone else tell you
rough up or infer to injure the Iraqi's?
No.
_LQ: Is there anything else you wish to add to this statement or anything else you
~'hink we should know?
I'].::l. I I lEND OF STATEMENT I I IW'S-
nU5.h/,·6
EXHIBIT INITIALS OF PERSON MAKING STATEMENT!IIIIL' PAGE 2 OF PAGES
.' '"
JVlJ",uQ.)
"
OFFICIAL USE ONLY
EXHIBIT q
OO';i77
of 17-".s -~ If)~ - 6 SSVj
STATEMENT OF: ..
CONTINUED:
......................
bT<:Sb"-5
'
• TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003
AFFIDAVIT
I~ - i --- -1?'tliEt"'-ii -H~~; -;E~ -;R- ~~;E- ~ -R~~~ -;0- ~~ -T~;~ -S~~;~;E~; -~H-I~~ -B-E~;~S- - --
ON PAGE 1 AND ENDS ON PAGE 3. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT
,"lADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED
THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY
'HITHOllT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION,
UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
(Signature of Person Making Statement)
Subscribed and sworn person authorized by law to administer oath,
SPECIAL AGENT . . . .
, I, ~
"'l-c..-,610('-Ii..........
iI.. .....
323RD MILITARY POLICE DETACHMENT (CID)
Unit 92955, Baghdad, Iraq
APO AE 09324-2955
I]"nx'd Name of Person Administering Oath}
ARTICLE 136 (b) (4) UCMJ
(.'111 !-}lOri ty to Adminis ter Oa th)
WITNESS:
btQ).~-S
EXHIBIT INITIALS OF PERSON MAKING STATEMENT Iii PAGE _ 3 OF 3 PAGES
- .. -,
.) U \J '" .... t) ~
EXHIBIT _C;....7_
OFFICIAL USE ONLY
00'(1'78
Page(s)
•
•
Referred to: .
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj @centcom. smil.mil
(813) 827-5341/2830
OO'i1'(9
DODDOACID 007757
ARNING PROCEDUREfWAIVER
For use of this form, 8ae AR 19()..30; the proponant agency is VU,\";:,,V ....,
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCiPAL PURPOSE: To provide commanders and law enforcement officials with means by which information mey be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Di...closure of your Social Security Number is voluntary.
1. 4. FILE NO.
Section A, Rights
The inveetigator whose nama appears below told me that he/she is with the United Stetes Army (r 1m' .... s I ""I.rrtH,r-ti'!:t crf-t '00
and wanted to question me about the following
he/she asked me any questions ebout tha offense(s), however, he/she made it clear to ma that I hava the following rights:
I sey or do cen be used es evidence egeinst ma in a criminal trial.
personnel subject othe UCMJ I heve the right to talk privately to a lawyer before, during, and aftar questioning and to have a lewyer present with ma
questioning. This lawyar can be a civilien lawyer I arrenga for at no axpense to the Govarnment or a militery lawyer detailed for me at no expanse to me,
or both.
- or-
(For civilians not subject to rhe UCMJI I heve the right to talk privataly to a lawyer befora, during, and after quastioning and to have a lawyer present with
me during quastioning. I understand that this lawyar can be ona that I arranga for at my own expanse, or if I cannot afford a lawyar end want ona, a lawyar
. will be appointed for ma before eny questioning begins.
~ I am now willing to discuss tha offansa(s) undar investigation, with or without a lawyar presant, I have a right to stop answaring questions at any time, or
-rpeak privately with a lawyer bafore answaring furthar, aven if I sign tha waivar balow.
5. COMMENTS (Continue on reverse sldel
28. NAME (Type or Print}
b. ORGANIZATION OR ADDRESS AND PHONE
C.
1. I do not want to giva up my rights
o I want a lawyar o I do not want to be quastionad or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 28231 SUBSEQUENTLY EXECUTED BY
USAPA"2.01
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE
.J u \; \oJ i..I tl~
EXHIBIT 66'7BO
SWORN STATEMENT
--------------------------------------------------------------------------
File Number
Location Baghdad,
Date 09 Sep 03
Time I';»)?~
Statement of
Grade/Status
SSN
Org/Address C Co, 2/6 INF, lAD
7t.~----- tF-------------------------------------------------------
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
I woke up for chow about 0500 or 0600, 01 Sep 03, I got briefed on the prisoners
and why they were there. I instructed SSG 77 and I don't know who else to
go and get the prisoners. I may have said rough them up; I was excited out
there. I was standing between two hesco baskets. The detainees were brought to
me from around the corner one by one. I asked them all the same questions. Why
are you out there, why did you have weapons, and what were you doing, were the
questions. They all said they were security for the mosque. One of the guys had
urinated on themselves through the night. I gave one of the guys an open hand
slap. It was not hard; it was just an attention getter. When I was done talking
to them I told my soldiers to put them on work detail like we do with most of our
prisoners. The next time I saw them was later in the afternoon when we released
them to a cleric with their weapons and ammunition. The only other stuff I can
til
SA"
qive you is rumors. Except they were not bloody and bruised when I saw them.
L-6jJ:bO): & b'tc..~'lb'='-1
b1<.:~h~·~
~~~: Did you witness iny of your soldiers assault any of the detainees?
ill: Yes, I saw a detainee thrown towards a hesco basket, and the prisoner hit the
--tesco basket and then fell on his stomach. He was then picked up and brought
over to me.
~~~: Did you assault any of' the detainees?
~: I open hand slapped one of them to get his attention.
b1C-'6l~ Did you tell any of your soldiers to rough the detainees up?
iii; Yes.
~.:.::s-: What did you mean by rough the detainees up?
,~: I don't know I was just excited. I said something to the extent of go get the
. prisoners and rough them up.
b~~ Did you intend to injure any of the detainees?
• No, I did not.
~~ Have you heard any of your soldiers say that they assaulted the detainees?
~: Just SSG J PI saying that he kicked the back of the knee of one of the
. detainee's to make him sit dOw:y.(dIC. •.s-,h~5'
'"'~ Did you witness SSG a. .. assault the detainee?
~. No, I saw a detainee fly out from behind a wall and hit a hasco basket he then
fell on his stomach. I didn't see anything else until he was right up on me
because I was talking to the translator. trfc.6" bCO-5
b~c,~-
EXHIBIT INITIALS OF PERSON MAKING STATEMENT ~ PAGE _L OF -3f!!ES
'JFF!CIAL USE ONLY
EXHIBIT06/'81 .
Ie
CJf 17-~3-CfDm-~ sS'!
b~C.-6' ( bt..-S
STATEMENT OF: 1I1I1I1I"iI~IIIIIIIIIIIIIII~' TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
Q: Is it normal policy for you ~o allow your soldiers to throw detainees against
_,,-Oiid objects?
: No.
0: \"lhen you wi tnessed the detainee hi t the hasco basket and fall to the ground
.lid you attempt to find out who pushed or threw him into the basket?
~: No I did not.
J: Did you try to find out why someone threw the detainee into the hasco basket?
lilt: J-Jo I did not.
:
Q: Why did you not attempt to stop the maltreatment of the detainees?
: I don't know, I guess I was pissed off at them for being out in front of our
• osition with guns.
Do you know who threw the detainee against the hasco basket?
: No, I do not. I didn't bother to ask him.
=
: Do you normally allow your soldiers to assault detainees?
_::~~re were you standing when you witnessed the detainee being thrown against
,the hasco basket?
• Right behind the Bradley.
Q: Did you instruct any of your soldiers to have any other soldier destroy a tape
~hat has evidence on it concerning this investigation?
: I told SSG to find out what was on the tape and have him record over
• it. "'1C.·b-,b&-r) 101 c.:S:b(P.6
:;:J: Why did you instruct SSG I I F to have the tape recorded over?
~: it was my intent to get rid of the tape so that no soldiers in the platoon
could get in trouble from what may have been on the tape .
: What did you think was on the rap tape? b;,~:r)jb,","5'""
: T wasn't really even sure. What I heard was that SPC • I was talking about
• )pating prisoners? ~-S"'"
!
Q: lr-Jhy did you think that SPC II I talking about beating a prisoner would get
. . . . ou or anybody else into trouble?
~: I didn't want anybody to get into trouble about what was on the tape. I
didn't want it to become evidence against somebody in a case. I never heard what
was on the tape. I never heard it play.:-.b1{.'G"( ","-S
Q: Did you suspect that SPC -was rapping about the incident that is
currently under investigation regarding assaulted prisoners?
~~:~ time were you notified that
~.Q:: Between 0500 and 0600. you had three detainees?
n· ~bout what time did you question the first detainee?
• ~.~: Around 0700 or 0800, roughly, I'm really not sure what time it was .
Hnw long did you interrogate the detainees?
Nc more than five minutes per detainee. . ...-
• Q: Do you have anything you wish to add to this statement? /oil--tr,0to- f:)
~-6-,·~6"" __
EXHIBIT INITIALS OF PERSON MAKING STA~~'x~~~ PAGE'~ OF~L(PAGES
.J lot \~ ~ u 1~
EXHIBIT tit b'j S 2 1
DODDOACID 007760
01 f7_·0S- cIO~Y9-6 3 $"V
I
STATEMENT OF: TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
No.IIIEND OF STATEMENT/II
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE L OF ~ PAGES
OFFICIAL USE ONLY
0117 -o'!,. -fIDgCf'j - 6 3S41
STATEMENT OF: TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
AFFIDAVIT
-----~~f~~---------------------------------------------------------
~~ PAGE 1 AND ENDS ON PAGE ,.VIE F~L~Y O:ND~R~ET=: TRHEEADCOTNOTEM:TSTHOIFS TS:EATEE:TE;:E W::A::E:E~~INS
MADE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED
THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY
\\lTTHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION,
UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
Subscribed and sworn to before me, a person authorized by law to administer oath,
this September 9, 2003, at Baghdad, Iraq.
(Signature of Person Administering Oath)
by-C-t J ~-I } foe;>..
SPECIAL AGENT ........Ii...............
323RD MILITARY POLICE DETACHMENT (CID)(DSE)
(Typed Name of Person Administering Oath)
AHTICLE 136 UCMJ
(_·-~t1t h{lTi ty to Administer Oath)
irYTTNESS:
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE .. ~~ OF -¥ PAGES
. ., I
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00'784
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00'785
DODDOACID 007763
Page(s)
•
•
Referred to:
u.s. CENTRAL COMMAND
7115 SOUTH BOUNDARY BLVD
ATTN: CCJ6-DM
MACDILL AIR FORCE BASE
FLORIDA 33621-5101
MS. JACQUELINE SCOTT
scottj @centcom.smil.mil
(813) 827-5341/2830
OO';~86
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification filing and retrieval.
DISCLOSURE:
1. LOCATION
7. GRADE/STATUS
£-3
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
~
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10. EXHIBIT
ADD/TIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ DATED __
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE IND/CATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE UpAPA Vr9~
J 1J...J.t >oJ ..J 0·0£.
OFFICIAL USE ONI Y EXHIBIT UlJ'?87
-INAL PAGE OF THIS FORM.
USE THIS PAGE IF NEEDED. If- rHIS PAGE IS NOT NEEDED • PLEASE PROCEED TO F
STATEMENT OF _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ DATED _ _ _ _ _ __
9. STATEMENT (Continued)
$ AC.X- VJ 1-[ M LP; I]:> '1 .fJ t- f1 C P. W 1-/ I L£'-
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INITIALS OF
- ; ; -__________________________~L!~~~o~F£c9~~P~AG~E!S~
PAGE 2, DA FORM 2823, DEC 1998 USAPA Vl.00
OFFICIAL USF n~1J v
EXHIBIT bri'~8~2
DODDOACID 007766
CJI/7-o -/, $S'<I
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __
----------------------~
DATED _ _ _ _ _ _ _ _ __
9. STATEMENT (Continued)
AFFIDAVIT
I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND EN ON PAGE~. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR , WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLU
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
Rrinnini<qt .. r oaths, this q~ of , ~C~ ';:
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAIlA Vl.00;:;: '"
J
,/'ef' \J .... I.J")
()FFICIAL USE ONLY EXHIBIT 60'789
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSNJ.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
DISCLOSURE:
1. LOCATION
,'-~- "
--'"
10. EXHIBIT 11. INITIALS 0 STATEMENT
~
IVIM"'''''U
PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICA TED.
USAP/\ v, .00 ", ,I!
DA FORM 2823. DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE
EXHIBIT I
rv \j ....... ~.
OFFICIAllJSE ONLY ) 00'790
DODDOACID 007768
USE THIS PAGE IF NEEDED. It- THIS PAGE IS NOT NEEDED, PLEASE PROCEED Tv rlNAL PAGE OF THIS FORM.
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __ DATED _ _ _ _ _ _ _ _ _ __
STATEMENT (Continued)
INITIALS OF PERSON MAKING STATEMENT
PAGE ~ OF] PAGES
PAGE 2. DA FORM 2823. DEC 7998 USAPA VI.OO
0800''"/91,
tJll7-o
DATED _ _ _ _ _ _ _ _ __
ST A TEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ __
9. STATEMENT (Continued)
./
/
AFFIDAVIT
'--___-=-____ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
ON PAGE4-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE BENEFI OR
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR
,/
C
Subscribed and sworn to before me, a person authorized by law to
WITNESSES:
..+!L day of ~p , J.O &5
ORGANIZATION OR ADDRESS
Oath)
ORGANIZA nON OR ADDRESS
INITIALS OF PERSON MAKING STATEMENT ')
OF ~j PAGES
PAGE 3, DA FORM 2823, DEC 1998
OFFICIAL USE ONLY
DODDOACID 007770
CJ 117-(j s-C I
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN/.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/altemate means of identification to facilitate filing and retrieval.
Disclosure of
unPoIUI:/i:> ATU~
10. EXHIBIT
ADDITIONAL PAGES MUST CONTAIN THE HE.ADING "STA
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE USAPA V 1.00 . ..,
EXHIBIT df';:' .. v 0 •
OFFICIAL USE OM V Olft 93 1
USE THIS PAGE IF NEEDED. I~ THIS PAGE IS NOT NEEDED. PLEASE PROCEED Tv rlNAL PAGE OF THIS FORM.
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __ DATED _ _ _ _ _ _ _ _ __
9. STATEMENT {Continued}
;'
INITIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
PAGE 2. DA FORM 2823. DEC 7998 USAPA Vl.00
oBS
00794
,
_ _ _ _ _ _ _ _---o;tP':1
STATEMENTOF _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ _ DATED _ _ _ _ _ _ _ __
AFFIDAVIT
......~_, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL , b-=IC'-4.
Ib(o~~
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
oaths, thiS.!/!!!..- day of S; e:'p ,.2CV3
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
PAGE 3 OF PAGES
USAPA Vl.00
'f v ,; ~ .. d 9
OFFJCIAL USE:~ ONLY Ie'"
EXHIBIT -~-
O{)'i19~
/.,~?~~
_ _ _ _ _ _ _ _ _.......
"':1,{ tJ II -0:5 --C1()$"99 -6"5
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
S TO ppE D f>y TH E A c f> 1U ~1C-1(... Up A ,(l_I=\N$t-A,DfL,
J
VJI-\ E"I TI-\F:.
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Ar-J D P (LD.v E OFf-
10. EXHIBIT MAKING STATEMENT
PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823. DEC 1998 DA FORM 2823. JUL 72, IS OBSOLETE USAPA V1.00
EXHIBIT I 7\)0..1 \; ... .. 9J
OO';~q~
/', ,) 01/7-
r-------------------------- •
DATED _ _ _ _ _ _ _ _ _
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __
~
9. STATEMENT (Continued)
\
"~
AFFIDAVIT
~,.--_ _ _ _ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
I FULLY UNDERSTAND THE CONTENTS OF THE'ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HA,i"E INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL
WITNESSES: Su and sworn to before me, a authorized by law to
administer oaths, this.!1.!!!...- day of '!P"o:.p.----' .210;5
ORGANIZATION OR ADDRESS
ArI.TlII'i",.r ..rmn Oath)
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING
PAGE 3. DA FORM 2823. DEC
OFFICIAL USE ONLY
______________X'i~
~:.';:it;
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES; Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
~_ _ _ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
'.
10. EXHIBIT MAKING STATEMENT
PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USAPA Vl,OO
rJ ~ \'; .. '_ 92
OFFICIAL USE ONLY EXHIBIT I Y 00';198
_________ ';~iJ
ST ATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __ DATED _ _ _ _ _ _ _ _ __
9. STATEMENT (Continued)
~)Np,;:;GE:~"'~~l' HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
S UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE ALL CORRECTIONS AND HAVE INlTlALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL )t:£,ol(
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
~ day of ,,)2d 3
ORGANIZATION OR ADDRESS
AdlTlin.;sterina Oath)
ORGANIZATION OR ADDRESS
INlTlALS OF PERSON MAKING STATEMENT
PAGE { OF PAGES
PAGE 3. DA FORM 2823. DEC 1998
(JFFfCIAL USE ONLY EXHIBIT I$?QO'ii99
___________ ~':1
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22.1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: V')ur social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
5.
• WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
wk: loe-
f~
c>~ pc...-I-"0
1e.Cl.J
I C1 VI +h-e. of Jt A, {"oo,J
hVWtVG<!.- i",Jo e lII. +11"4."1. c.. C- Qf MQUc5 k
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We:..:) .c ivt;f>~ vi> ~
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10~ EXHIBIT ,v,~""v,u STATEMENT
PAGE 1 OF _ , _
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER
MUST BE BE INDICA TED.
DA FORM 2823. DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE
()" USAPA V1.00
,
OFFICIAL USE. ONLY
EXHIBrf~~~
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __ DATED _ _ _ _ _ _ _ _ _ __
9. STATEMENT (Continued)
DAVIT
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE,
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
~C ,~3
ORGANIZATION OR ADDRESS
(Typed Name of Person Adl7liiiJ~
ORGANIZAnON OR ADDRESS
A-zr /36 (b){lI J UCI'1C
(Authority To Administer Oaths)
INITIALS OF PERSON MAKING STAT
PAGE I OF PAGES
PAGE 3, DA FORM 2823, DEC 1998 USAPAV1.00 ~\ S
OFFICIAL USE ONLY EXHIBIT J1 oj \, :'" ... ;)
nl\q'~1
________________ ~i
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additionallalternate means of identification to facilitate filing and retrieval.
DISCLOSURE:
1. LOCATION NUMBER
..... n''"'uc./i:J ATUS
~_ _ _ _ _ _ _ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
lJh:Je. O~ patrol 01'\ 51 A~ 03\ \'Q I Saw
fhrte.. T"raq i) v\}u Ik:V\5 11 e.>" + fYly f leo.toot\ ?e"jeC1~t +~loL lYle.
WQUl'0I\\ lbh:"c{ c:.. ClAf b fi5 ~c orhtr ~ (/r~OflY\ t l w~ th
in.}\ vi d<.t£l \? 1T t +-p the.,
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l1fte r ;: ~Ui\CJ\ th\:, Wetirl)t'\ \ ~y ~dr [l(ld
l'r\o~9Ue \ So ~ cDlA.i d
10. EXHIBIT OF PERSON MAKING STATEMENT
PAGE 1 OF _1_ PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER
MUST BE BE INDICA TED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USI\PA V 1.0~
OFFICIAL USE ONLY EXHIBIT 6'tiS02 b
STATEMENT OF ____________________________ TAKEN AT ______________ DATED ____________________
9. STATEMENT (Continued)
AFFIDAVIT
c--________-=-_.,--___ . HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
ENDS ON PAG FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL CEMENT.
WITNESSES: Subscribed and sworn to before me. a person authorized by law to
"rlnn;n;,.t... oaths. this ~ day of .2CtJ 3
ORGANIZATION OR ADDRESS Oath)
(Typed Name of Person Oath)
ORGANIZATION OR ADDRESS
Artl{ I?{ OJ {qj Ul-I'-(;
(Authority To Administer Oaths)
ATEMENT
PAGE 3, DA FORM 2823, DEC 1998
OFFleiAlLJSE ONLY EXHIWO~3
________trti
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
1. LOCATION
5.
9.
• WANT TO ~L/WING STATEMENT UNDER OATH:
d7 31 Ak? 0"3 'I" 5fCIIIIIIIIIIII!!I IJ~~ on. c.. 'a 1.-,,-( ~rr~
we7 f ..T ,.,( ·~itr-<.l -rtf. <C-P.::c...J ;~'-d'\.,J
k.'7"\.
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117' We f .{, ;kJ
71( .:f0-~ I
"
/
10, EXHIBIT
PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823. DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE J\)AfN~\~O B
OFFICIAL USE ONLY EXHIBIT 2 I
0-08-0-i\
------------..... {""~U1
\','~
DATED _ _ _ _ _ _ _ _ __
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __
\
9.~ (Con#=.dJ
"
"".
"~
AFFIDAVIT
:....-_ _---::---_ _ _ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS 1, AND ENDS ON PAGE 2-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENC
WITNESSES: Sublscr~f5ed and sworn to before me, a person authorized by law to
~ day of >tt;e ,:;J:::ltJ 3
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING
PAGES
PAGE 3, DA FORM 2823, DEC 1998 U, SAPAV1.00
J u \, ..; 1.0
~\
:l
9
OFFfcrAL USE ONLY EXHIBIT .2 I
00805
_________.....
~jl 0/ 17-CJ3-c I [)&99 - 655V~
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
9.
_ _ _ _ _ _ _ _ _ • WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
t- \ h~ ~L-p ,
Cl
JCl t h~(e-
+ he.. fYl,,~ 5 C:{ \A2.
w;~" Wcc,-pofI)#
W he./\ We.. Jot
J ]: (t;,,- a "S w,'+h
to I Of) Ie.
'j Ae.."1
f}lc)s J
Atpwe.
10. MAKING STATEMENT
PAGE 1 OF ~ PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICA TED.
DA FORM 2823, DEC 1998 DA FORM 2823. JUL 72. IS OBSOLETE USAPA Vl.00
EXHIBrrJ ',E\?:' 1J 0
OFFJCIAl USE ONLY
on~o~
6/
----------------------------- ~
_ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __
9. (Continued)
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL OR UN INDUCEMENT.
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
oaths, this day of ~ ,..:x.Jd.g
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
T
PAGE \ OF
PAGE 3, DA FORM 2823, DEC 1998
OFFICIAL USE ONty EXHIBIT 2 :::
00807
() /1/.-1)
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22, 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INfTf/l,LS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823. DEC 1998 DA FORM 2!i23, JUL 72, is OBSOLETE
. .
~~<\IVtp~ ... '-
"
OFFK:I.AL USE ONLY' EXHIBlbd t) ,~ S
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO ..... NAL PAGE OF THIS FORM.
STATEMENT OF TAKEN AT [/00 nc',--'J DATED .2C'C' 2 Sf'!! C,S'
ST ATEMENT (Continued)
PAGE 0{ OF
EXHIB~\J l; vutP~
0080Q
____________¥tc:j'
AFFIDAVIT
I. • HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON E 1. AND ENDS ON . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT
THREAT OF PUNISHMENT. AND WITHOUT COERCION. UNLAWFUL INFLUENCE. OR UNLAWFUL INDUCEMENT.
WITNESSES: Subscribed and sworn to before me. a person authorized by law to
this ~ day of Ce.;e '~5
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF
PAGE 3 OF 3 PAGES
PAGE 3, DA FORM 2823, DEC 1998
-- '. . .
OFFICIAL USE:' ONLY EXHIBIT .,:... .....'
0081(,.
1(7-6'5 -c If)
~RNING PROCEDURE/wAIVER
For use of this form, see AR 190-30; the proponent egency is ODCS\." .,
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which infonnation 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. 4. FILE NO.
8. ORGANIZATION OR ADDRESS
(!. C.O JJr, ;CUr
Section A. Rights
The investigator whose nama appears below told ma thet he/she is with the United States Army
and wanted to question me about the following offensa(s) of which I am
Buspe~ed/accused: -------------------------------------------------------------------------------------------------------------
Before he/she asked me any questions about the offanse(s), however, he/she made it clear to me that I have the following rights:
,. I do not have to answer any question or say anything.
2. Anything I say or do cen be used 85 evidence egainst me in a criminal trial.
3. (For personnel subject othe UCMJ I hava the right to talk privately to a lawyer before, during, end after questioning and to have a lawyar present with me
during questioning. This lawyer can be a civilian lawyer I arranga for et no expense to the Government or a military lewyer detailad for me et no expense to me,
or both.
- or-
(For civilians not subject to the UCMJ) I have tha right to telk privataly to a lawyar befora, during, and after quastioning and to have a lawyar present with
me during questioning. I understsnd that this lewyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, e lawyer
will be appointed for me before any questioning begins.
4. If I am now willing to discuss tha offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
I understand my rights as the offensa(s) undar investigation and make a statement without talking to a lawyar first and without
having a lawyer present
la.
b.
2a. NAME (Type or Print)
b, ORGANIZATION OR ADDRESS AND PHONE 8. ORGA~ZATION OF INVESTIGATOR
H flC/~-' 1---
Section C. Non-waiver
1. I do not want to giva up my rights
o I want a lawyer o I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFI ANY SWORN STATEMENT IDA FORM 2823) SUBSE~UENTLY EXECUTED THE SUSPECT/ACCUSED
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE 'J ~\ •'USAP,A 2'°5
. ...;.1.",
OFF'CIAl iJSE' ONLY
__________ ".
r;,:~l
SWORN STATEMENT
For use of this form. see AR 190·45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which informalion may be accurately idenlified.
ROUTINE USES: Your social security number is used as an addilional/alternale means of idenlification 10 facililate filing and
DISCLOSURE:
1. LOCATION
9.
10. EXHIBIT
PAGE 1 OF 2- PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA TEMENT OF _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE BE INDICATED.
DA iORM 2823, DEC 1998 OA FORM 2823. JUl 72. IS OBSOlETE ... b
()FFICIAL USE ONLY EXHIBIT ?~
1)0812
DODDOACID 007790
"f-'\~ /'
--------------------------~~~
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT DATED
9. STATEMENT (Continued!
AffiDAVIT
I, ,HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICFI ON PAGE 1, ON PAGE -2... I FULLY UNDERSTAND THE CONTENTS DFTHE ENTIRE STATEMENT MAOE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED All CORRECTIONS AND HAVE INITIALED THE
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUN:ISH~!ENT
WITNESSES: Subscribed and sworn to before me, a parson authorizad by law to
administer oaths, this ~ day of _~,""~~/7,,,,_ _ _ , .2C10~
ORGANIZATION OR ADDRESS
{Typed N,me of Person =1;i~;£aiii,trhJh!I----
(36 OJ£ilJ UCI'"1 J-
ORGANIZATION OR ADDRESS (Authority To Administer Oaths!
INITIALS OF PERSON MAKING STATEMENT
PAGE 2- OF '":2- PAGES
• . USAPA V\oo, .,
PAGE 3. DA FORM 2823. DEC t998
J V II ....... ,
OFFICIAL USE O"'tY EXHIBIT ;) c,
0081.3
____________ };'t A11 .., -6 - ClbgGl'f- 6
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E_O. 9397 dated November 22, 1943 (SSNJ.
To provide commanders and law enforcement officials with means by which information may be accurately
Your social security number is used as an additional/alternate means of identification facilitate
~_ _ _ _ _ _ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
-::r: (0 L. D 1411 ~ '.5
wh~ £t~Pttv ~
10_ EXHIBIT MAKING STATEMENT
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT _ _ TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE USAPAV1.00
OFF"CIAL USE:: ONLY EXHIBIT j ~ I; lei J. v i
OO~14
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PlEASE PROCEE~¥o ,~~:
•. PAGE OF THIS FORM.
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ _ DATED _ _ _ _ _ _ _ __
STATEMENT (Continued)
INITIALS OF PERSON MAKING STATEMENT
PAGE
PAGE 2, DA FORM 2823, DEC 1998 USAPAV1.00
)1J~uJ..1OI9
OFFIC'AL USE ONLY EXHIBIT 2\
00E515
_ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __
ST ATEMENT OF
9. STATEMENT (Continued)
AFFIDAVIT
I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE I FULLY UNDERSTAND OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY OF BENI:~r:~rA"""Cl""",/AI:lIn'
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this...9!:!.... day of ~ , »0 >
at
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING STATEMENT
PAGE 3
PAGE 3, DA FORM 2823, DEC 7998 USAPA VI.DO
OFFICIAL USE ONLY EXHIBIT) S~~ ~ ~ 1 0
00816
ARNING PROCEDUREIW AIVER
For use of this form, see AR 190-30; the proponent agency is ODCSlJri;
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(gl
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which infonnation 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.
4. FILE NO.
8. ORGANIZATION OR ADDRESS
ATUS
Section A. Rights
The investigator whose name appears below told me that he/she is with the United States Army
- - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and wanted to quastion rna about tha following offensa(s) of which I am
'; 'Buspected/accusad:
'Befora he/she asked me any quastions about tha offense(s), however, he/she made it clear to me that I have the following rights:
1. I do not heve to enswer any question or say anything.
2. Anything I say or do can be used as avidence against me in a criminal trial.
3. (For personnel subject othe UCMJ I have the right to talk privately to a lawyar befora, during, and after questioning and to have a lawyer present with me
during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
- or-
(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyer bafore, during, and after questioning and to have a lawyer presant with
me during questioning. I understand that this lawyer can be one that I arranga for at my own expensa, or if I cannot afford a lawyar and want ona, a lawyer
will ba appointad for ma bafora any questioning begins.
4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, aven if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
the offense(s) under investigation and maka a statament without talking to a lawyer first and without
b. ORGANIZATION OR ADDRESS AND PHONE
2.. NAME (Type or Prine)
b. ORGANIZATION OR ADDRESS AND PHONE O~G'NIZATION OF INVESTIGATOR
If Cf J- - '" ')"""'"
Section C. Non-waiver
1. I do not want to give up my rights
o I want a lawyer o I do not want to be questioned or say enything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT fDA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881. NOV 89 EDITION OF NOV B4 IS OBSOLETE USAPA 2.01
1\1 \~ V ~ 1 ..
I)FFJCr.AL IJSf: ONLY EXHIBIT .16
-U-()81 7 1
.•
i
SWORN STATEMENT
For use of this form. see AR 190·45; the proponent agency is oDe SOPS
PRIVACY Acr STATEMENT
AUTHORITY' Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22.1943 {SSN}.
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: YC'lr social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
sociaf
7. GRADE/STATUS ( ) _ /
9.
'--_ _ _ • WANT TO MAKE THE FOllOWING STATEMENT UNDER OATH:
v?e!7t;t~lv,~hoocfl MOJtt...-( c./c;,ir.ol ~~f- ..;~~
{j~//c ~~()-rj t;P 5'~o~t~ ctffc:r/ cf
10. EXHIBIT
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _ _ TAKEN AT _ _ OATEb
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER MUST BE BE INDICA TEO.
DA FORM 2823. DEC 1998 DA FORM 2823, JUL 72. IS OBSOLETE
OFFICIAL USE ONty EXHIBlbf?871:~
.
___________. .':.:0~~ tJ/17~(J:)-CIO
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED. PLEASE PROCEED Tv r INAL PAGE OF THIS FORM.
ST ATEMENT OF TAKEN AT DATED
9. STATEMENT (Continued!
INITIALS OF PERSON MAKING STATEMENT
PAGE 2. DA FORM 2823. DEC 1998 .USAPA Vl.QO ~ '"I
J U \1 v ... A .:J
OFFJCfAL USE ONLY
___________'~f1¥ tJ 117 ·-03 - C I D<?'19 -6 sSllj
_ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT DATED
STATEMENT OF
9. STATEMENT (Continuedl
AFFIDAVIT
I. • HAVE READ DR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON 1. AND I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS
STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD. WITHOUT THREAT OF PUNISHMENT. AND WITHOUT CDERCION. UNLAWFUL INFLUENCE. DR UNLAWFUL INDUCEMENT.
WITNESSES: Subscribed and sworn to before me. a person authorized by law to
administer oaths. this day of ~ _ _ _ 2(ft!.5'
at
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS Of PERSON MAKING STATEMENT
PAGE S OF PAGES
PAGE ~ OA FORM 2823. DEC t998 Ju 4
OFFICIAL USE ONLY EXHIBIT 0.18'20
DODDOACID 007798
RIG. \RNING PROCEDUREIWAIVER "E
For use Of this form, see AR 190-30; the proponent agency is
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Code. Section 3012(g)
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 4. FILE NO.
5. NAME ON OR ADDRESS (
ceo ;Z-.6:rN~~
6. SSN
PART 1- RIGHTS WAIVERINON-WAIVER CERTIFICATE,
Section A. Rights
The investigator whose name appears balow told me that helshe is with the United States Army
and wanted to question me about the following offense(s, of which I am
suspected/eccused:
Before he/she asked me any quastions about the offense(s', however, he/she made it clear to me that I have tha following rights:
1. I do not have to answar any question or say anything.
2. Anything I sey or do can be used as evidence egeinst me in a criminal trial.
3. (For personnel subject othe UCMJ 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. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer datailed for me at no axpense to ma,
or both.
~ or -
(For civilians nor subjecr to rhe UCMJ) I have the right to telk privately to a lewyer before, during, and after questioning and to have a lawyer presant with
me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot efford 8 lewyer and want one. a lawyer
will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offense(s' under investigation. with or without a lawyer present, I have a right to stop enswering questions at any time, or
speak privately with a lawyer before answaring further, even if I sign the weiver below.
5. COMMENTS (Continue on reverse side)
B. Waiver
I understand my rights as ofl'en'5e(:s' under investigation and make a statement without talking to a lawyer first and without
having a lawyer present with
b.
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF IN~ESTIGATOR
If 1fC/'). - 6 .., ""'"
Section C. Non-waiver
1. I do not want to give up my rights
D I want a lawyer D I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE 'J
' \.I
'uSAPAlol
I, '" 4
5
EXHIBIT
7;
f)FFfCfAL USE ONLY ....
OuolT"S--2--1
','\ o1J7 - O} - C IIY?99- 6 ")5"'19
-----------".':J SWORN STATEMENT
For lise 01 this lorm, see AR 190,45; the proponent agency is OOCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 {SSIV}. ,.
PRINCIPAL PURPOSE: To provide commanders and law enforcement ollicials with maans by which infor~ation m~~ be a~~urately ide~tl"ed.
Your sociaI secun't y nurnber 'IS used as an additional/alternate means of identificallon to lacilltate filing and ret neva I.
,
9.
i.-------, WANT TO MAKE THE FOLLOWING STATEMENT UNOER OATH:
0" 3 i Av~ ?OD 3_1:qO 1'0,.'>\ Sf<"_:'~~ -:r... .~o<" ....., ..... ) ~Y'v;~' ,-v,., ..........,. ... 1-", \-"' ... t::(v,"' t
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10. EXHIBIT
PAGE 1 OF -ib.- PAGES
ADVlTIONAl PAGES MUST CONTAIN THE HEAVING "STATEMENT OF DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING lHE STA TEMENT, AND PAGE NUMBER MUST BE BE INDICATED,
DA FORM 2823, DEC 1998 DA FORM 2823, JUl 72. IS 'J USAPA 11.1.00 ...
;1"(1. V ./.. .1 .,
OFFICiAL USE ONLY
EXHIBIT _ _
00822
t P)i () 117-03 ·-c ID8:}9 - 6
--------------------------~,~
STATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT DATED
9. STATEMENT (ContinuedI
,/
AFFIDAVIT
-=--____ . HAVE REAO OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1. AND ENDS ON PAGE -2.. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MAOE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BDTTOM OF EACH PAGE CDNTAINING THE STATEMENT. I HAVE MADE THIS
STATEMENT FREELY WITHOUT HDPE OF BENEFIT OR REWARD. WITHDUT THREAT OF PUNISHMENT. AND WITHOUT OR UNLAWFUL INDUCEMENT.
WITNESSES: Subscribed and sworn to belore me. a person authorized by law to
,." day 01 >"",0
~-'.:::f~---
..16d3
(
DRGANIZATION DR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING STATEMENT
PAGE .2.- OF 2.. PAGES
PAGE 3. OA FORM 2823, DEC 1998 J u \~IIJ:JI 'liolJ4. 7
OFFICIAL USE ONLY EXHIBIT .:;r',
008:l:J
_ 117-o:)'-C1DS99-6 "!~Vj
LOCATION
Zafaraniya ACP, Baghdad, Iraq
LAST NAME, FIRST NAME. MIDDLE NAME SOCIAL
k7tcJf b fr'l
ORGANIZATION OR ADDRESS
C/2-6IN,2BCT, lAD
• WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
The questions and answers on this statements are follow-up to SPC dt.:atewent made 01 SEP 2003.
bl'~ (pV-'f
Questions are asked by CPT , CI2-6 IN
Answers are given by SPC IN
,"EJ'
Did you received the detainees from 2nd platoon on 01 SEP 2003?
Yes.
Were you the first 3rd platoon soldier to deal with the detainees?
,i''' .L,
Yes, SPC_av.d I 'fere the first soldiers in 3rd platoon to deal with the detainees.
191'~
At what time did you receive the detainees?
At approximately 0200-0230.
What was the condition of the detainees when you received them?
The detainees were fme.
Were any of the detainees bruised, bloodied, or limping when you received them?
Not that I could tell.
Who did you inform that detainees had b!!en received from 2nd platoon?
SSG • P and SFCJ IU 1t:AC5,'o{e:>6
When did you inform SSG _
ft>KS.:b<D- ~
and SFC _W
b1cE~-S'
'tE<-II.bv.-~
After I placed the detainees in the holding area with the help of 2nd platoon and maybe SPC-.
Why did you received the detainees? '6Id..bb-t./
8. Because I originally identified the detainees when 2nd platoon was dispatched to pick them up. SpC_ and I were
acting as a local QRF when I saw the detainees on the fenceline along Highway 6.
~(;JrI2:~9. Did you have any other interaCtion with the detainees after you placed them in the holding cell.
9. Yes, the next morning.
£;;1t::H1M'11 Q 10. Describe the interaction with the detainees on the following morning?
10. I was awake at wproximately 0800 and heard arguing vicinity the front gate and went to see what was going on. At that
time, I observed SGT. S talking with local mosque leaders about the detainees. SGT _ went into the ACP
LSA several times to receive guidance. D1C.·~ I~C/
What was the condition of the detainees at this time?
One of the detainees was limping, but they were walking around just fine.
EXHIBIT INITIALS OF PERSON MAKING STATEJ¥1ENT
-'I PAGE 1 OF ~ PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF _ _ TAKEN AT _ _ DATED _ _ CONTINUED."
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STA TEMENT AND BE INITIALED
AS "PAGE _ _ OF _ _ PAGES." WHEN ADDITIONAL PAGES ARE UTILIZED, THE BACK OF PAGE 1 WILL BE LINED OUT, AND THE
STA TEMENT WILL BE CONCLUDED ON THE REVERSE SIDE OF ANOTHER COpy OF THIS FORM.
DA FORM 2823. JUL 72 SUPERSEDES DA FORM 2823, 1 JAN 68, WHICH WILL BE USED. USAPPC V2.00
/_
EXHIBIT _ _
()FFlCIM.. USE ONLY
) V I~ I,.. " .1 ti
00824
STATEMENT (Continued)
Q13.
I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1 AND ENDS ON PAGE I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT. b(P1
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
oaths, this ~ day of <::'9 ' Jo8;J~;;
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING STATEMENT
PAGE ~ OF PAGES
USAPPC V2.00
.J/
OFFICIAL nSE ONLY
EXHIBtT_-
~RNING PROCEDUREIWAIVER
For use ,,, this form, see AR 190-30; the proponent agency is
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
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/altemate means of identification to facilitete filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
1. 2. 4. FILE NO.
5. B. ORGANIZATION OR ADDRESS
~L~F
PART \- RIGHTS WAIVER/NON-WAIVER CERTIFICATE
Sec1ion A. Rights
The investigator whose name appears below told me thet he/she is with the United States Army
and wanted to question me about the following offense(s) of which I em
suspected/accused:
ha/she asked me any questions about the offensa(s). however, he/she made it clear to me that I have tha following rights:
1. I do not have to answer any question Dr say anything.
2. Anything I Bay Dr 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 a lewyer before, during. and after questioning and to have a lawyer present with me
during questioning. This lawyer can be e civilien lawyar I arrange for at no expense to the Government Dr a military lawyer datailed for me et no expense to me,
or both.
- or-
(For clvll/ans nor subject to the UCMJ) 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 that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lewyer and want one, a lawyar
will be eppointed for rna before any questioning begins.
4. If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time. Dr
speak privately with a lawyer befora answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
I undarstand my rights es stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and without
having a lawyer presant wIth me.
WITNESSES (If available)
1.. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE
28. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGAJllZATION OF INVESTIGATOR
1-I1tC1J.-~ Iv
Section C. Non-waiver
1. I do not want to give up my rights
o I want II lawyer o I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS CERTIFICATE TO ANY SWORN STATEMENT (OA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE
OFFICIAL USE ONt','"
00826
____________________ ~I.:,:,,~\
0117-03 -OD<fSt9 -6l~f1j
RIG:." .IIARNING PROCEDUREIWAIVER cER1~;it 'E
For use of this form. see AR 190-30; the proponent agency is ODCSOI'S
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10. United States Code. Section 3012(g)
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 additionallalternate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Sacurity Number is voluntary.
FILE NO.
I SIIY or do can be used as evidance agein8t me in a criminal trial.
personnel subject othe UCMJ I have the right to talk privately to e lawyer before. during. and after questioning and to heve a lawyar prasent with me
during questioning. This lawver can be e civilian lewyer I arrange for at no expense to the Government or a military lewyer detailed for me at no expense to me.
or both.
- or-
I heve the right to telk privataly to e lawyer before. during. end after questioning and to have a lawyer present with
me during questioning. I understand thet this lawyer can be one that I arrange for at my own expense. or if I cannot afford a lewyer and want one. a lawyer
be appointed for me before any questioning begins.
I am now willing to discuss the offensaisl under Investigation. with or without a lawyer present. 1 have a right to stop answering qu.estions at any time. or
speak privately with a lawyer before answering further. even if I sign the waiver below.
COMMENTS (Continue on reverse side}
I understand my rights as stated above. I am now willing to discuss the offenseisl under investigetion and make a statement without talking to a lawyer first and
without heving e lawyer prasent with me.
1a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
1 - - - - - - - - - - - - - - - - - - -.--- - - - - - - - - - - - - - .
o I do not want to be questioned or sey anything
EDITION OF NOV 64 IS OBSOLETE USAPA2.01
OFFICIAL "SE ONLY EXHIBI1 0 ,rG 1 .. 1
0082'7
SWORN STATEMENT
File Number 0017-03-CID899
Location Baghdad, Iraq lotc$,'b~-5""
Date
Time .=e:_~~~~bl'1rk>-:
Statement of Io1C6." bb - f:>
Grade/Status SSG ~i'r;{p-6 '
SSN _
Org/Address : C Co, 2/6 th Inf, Camp Muleskinner, Baghdad, Iraq
9:e1E1W~~- ---~ -~~; -;~ -~~~-;~~ -;~L-L~~;~;-~;;;E-M~~;- ~;~; -~A~~~
On or about 01SEP03 while at the ACP I left on a patrol around the ACP at 0300.
- - - - - - - - --
Before leaving I noticed that there were two AK-47's in the room that I sleep in.
Upon returning from my patrol I had breakfast when I had found out that during
the night we had taken detainees. At this time SFC 2 asked for theb1C.-S', ",-5"
detainee's to be brought over to be questioned. Once the detainee's been placed
outside of our bay I got up to see them. When one of the detainee's would not get
up to be moved to be questioned so I help pick up the detainee. The detainee was
refusing to move and was strongly kicking and resisting to move. I then grabbed
the detainee and help pull him to the area to be questioned. While pulling the
detainee he continued to strongly resist which required me to pull him with more
force which is what caused him to be pulled into the hesco basket. Once I had
placed him at the end of the walk way to be questioned I left briefly and
returned to take the detainee about 25 meters away to be guarded by another
solctier. I then returned to platoon bay .. - b1OS"; b~r5'"
fdli..-;:br""'By SA l b-=1-CEf b (&J-S
• By SSG b~b(P-S =b(P-~
h~, :E id you throw the detainee into the hesco basket with SSG
~~ I did not throw him into the basket, he was resisting we had to pull harder.
Q: I have advised you that SSG £ has informed us that he threw theb1C.-ol ~·S
dr~~nee into the hesco basket, are you telling me that his statement is wrong
~a~that did not happen?
...,: I dragged him into the hesco basket, that's what I did.
Q: In your statement you have not informed us of anything others did. Are you
i:1,,_~hOlding information in this investigation?b~'S-
. No I am not withholding information, SSG IIIIIIII' brought the detainees over
from the holding area, and SFC was the one that questioned them.~'-~(~-S
Q; The focus of this investigation is the abuses of the detainees. Are you
~ifr*fGJing me you did not witness any abuses to the detainees?
: No sir, I did not witness any abuses of detainees.
Q: That statement is inconsistent with the statements of others. Do you have a
p~~~onse.to that?
. , : No Slr.
~~DO yo~ believe you used the proper amount of force on the detainees?
IIRI': Yes Slr.
Q: Are you aware that making a false statement is a crime punishable under the
Uniform Code of Military Justice?
-6
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE OF ~ PAGES
EXHIBIT. v,, bI
~
.'1,
sit
-, <")
L (.,
OFFICIAL USE ONL\'
00828
DODDOACID 007806
STATEMENT OF: ••• ;
.b.4L.l.,.b."'.-s" TAKEN AT: Baghdad, Iraq; DATED: September 9, 2003 CONTINUED:
.1'-$~ I'.lb~6"
"A: Yes sir. ~ph-S'
~~tr Did ~ou hear or see SFC . . . . . . strike any of the detainees?
~: No Slr.
~~o y~u know how the detainees became injured?
""":-No Slr.
j£~f~~When ~ou dragged the detainee, was he or they in zip cuffs?
: Yes Slr.
~~What steps did you take to get the cooperation of the detainees?
-..., Pulled even harder, he refused to get up I had to use the proper amount of
force to move him.
~b£b'~Did ~ou do anything else?
: No Slr.
Is there anything else you wish to add to this statement or think we should
Q:
lD~w..2 b1CSj(P{J>-S'
~~~NO.///END OF STATEMENT//I....,
~~
EXHIBIT INITIALS OF PERSON MAKING STATEMENT _ PAGE 2. OF ~ PAGES
EXHIBIT 51
..... t'"j
OFFfCfAl IJSE ONLY JU"l.Ii .. ~
0082~
STATEHENT OF: • • . @lI
b.1-t:. .r.
b b
__ TAKEN AT: Bagh~ad. Iraq; DATED: September 9. 2003 CONTINUED:
AFFIDAVIT
T~ -.-,-
['I\(;E
-bjjf£- r--~~; -R~~
1 AND ENDS ON PAGE~.
-;R- ~~;E- ~~ ~~~ -T~ -~; ~~;; -S;~;;M~~; -W~~;~ -B~~;;S-~;
I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT
- - - --
f"li\I)E BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED
;'lii: E()TTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY
\'ITT~1C.l\JT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION,
1)NLl,-WFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
iSigllature of Person Making Statement)
Subscribed to before me, a person authorized by law to administer oath,
this September 9, Baghdad, Iraq.
-(
(.C;j'Jllature of Person Administering Oath)
b=JL: "bfll )bd-
SPECIAL AGENT ..........................
323RD MILITARY POLICE DETACHMENT (CID)
Unit 92955, Baghdad, Iraq
APO AE 09324-2995
(J':"pc"d Name of Person Administering Oa th)
ARTICLE 136 (b) (4) UCMJ
Ul.uthori ty to Administer Oath)
WITNESS:
b1<- ~S" t b'r6"
.
EXHIBIT INITIALS OF PERSON MAKING STATEMENT" PAGE "3 OF ~~ PAGES
EXHIBIT .51
OFFJ,CfAl USE ONLY 0ll8:j9~ 4
DODDOACID 007808
'ARNING PROCEDUREIWAIVER
For use of this form. see AR 190-30; the proponent agancy is
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
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/altemate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of .your Social Security Number is voluntary.
1.
L (r ".-n(o" S (
1.0
Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:
2
not have to answer any question or say anything.
ything I Bay or do can be used as avidence against me in a criminal trial.
3f1j!11t personnel subject othe UCMJ I have tha right to talk privately to a lawyer before, during, and after quastioning and to hava a lawyer present with me
during questioning. This lewyer can be a civilien lawyer I errange for at no expense to the Govemmant or a military lawyar detailed for me at no axpense to ma,
ar both.
- orw
4.
(For ciVilians not SUbject to the UCMJ) 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 that this lawyer can be one that I arrange for at my own expanse, or if I cannot afford a lawyer end want one, e lawyer
will be appointed for me bafore eny questioning begins.
I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side/
.-L 'J. I'V\. Vv I . //1 f) t- (/ iN <'\. I J e ;Vl
B. Waiver
, understand my rights as tha offense(s) undar investigation and make a statement Without talking to a lawyar first and without
having a lewyer presant with
WITNESSES (If aveileble)
la. NAME (Type or Print)
b_ ORGANIZATION OR ADDRESS AND PHONE
20. NAME (Type or Print)
b. ORGANIZATION DR ADDRESS AND PHONE
Section C. Non-waiver
1. I do not want to give up my rights
o I want a lawyer o I do not want to ba quastioned or say anything
2. SIGNATURE OF INTERVIEWEE
AITACHTHIS TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEOUENTL Y EXECUTED BY THE
DA FORM 3881, NOV 89 EDITION OF NOV B4 IS OBSOLETE USAPA 2.01
EXHIBIT ~., 1 ~ i
OFFICIAL USE ()NLY
0083.1.
SWORN STATEMENT
File Number
Location : Baghdad, Iraq
Date : 09 Sap 03~b:JC.'{p(,·t.(
Time : 1514 2 ~~1p(,-'1
Statement of o;t'-1fi' -'/
Grade/Status
SSN
~ E3 /RA 1cJ1 C%t1r~
Org/Address : C Co, 2/6 INF, lAD
~~-~- ---~-bb-'- -----;~;-;; -~;; -T-H~- ~;~~~;;;; ~;~;;~~~; -~~~- ~~;~:- - - - - --
About 0530 01 Sep 03, I became aware of the fact that the~e were three newbtf~-~
detainees in our custody. At that time I heard SFC • say to SSG . . .'
and SPC that he wanted the detainees fucked up. SPC confirmedb:J(.·5tb'o~
what SFC said to make sure he heard him right and then SPC [ and SSG
their gear and headed over to the detainees. I heard a detaine~~~'b
• • •~said, "It sounds like somebody had an accident". Then the
next time I saw the prisoners it was daytime and the detainees were sitting
against the wall by the gateway that leads out of our sleeping area. The
detainees were flexi cuffed. Then SSG R and someone else picked up one oflP1-'-oSjbC.·5'"
the detainees and slammed him against the wall and then the hesco basket. Then
they took the detainees one by one down to the SFC and began to question~tc-~-Ibf,.-5"
them. I could hear SFC talking really aggressively to the first detainee.
When he found out who the detainees were he began to speak less aggressively.
After that he told us not to hurt the other detainees.
~ SA \P~-llb~-1
~~ ~"'fC;~ b(P·~
~~'.: How long did the questioning of the detainees last?
III' Probably about five minutes.
mt~' Did you see any soldier assault any of the detainees?
tllPA; I did not see anybody, but I heard screams.
Q: Have you been approached by anyone who told you not to discuss this incident
~th any investigators?
~: No.
~ Did you make an audiocassette tape detailing what occurred on 01 Sep 03?
~: Yes, but it was all hear say. We were just messing around and saying all the
rumors that we had heard.
Has anyone told you that they assaulted any of the detainees on 01 Sep 03?
No one d'lrect 1 y to ld me, but SPC _ ld
_-.,.t:9f9.. me t h at SSG. kicked one
• __
the detainees in the back of the knee ."'1'--:I'( ~ fo~..s-L~-b
Do you have anything else to add to this statement?
No.IIIEND OF STATEMENTIII _ bTC-"i, bfp-q
iD~oI(, bb- L)
EXHIBIT INITIALS OF PERSON MAKING STATEMENT_ PAGE OF PAGES
'J V,~ \,i 1. ~ b
EXHIBIT '" <~
00832
DODDOACID 007810
STATEMENT OF: .£• •£.bii~ii.P bllt.-.Lfil• •~,
•• TAKEN AT Baghdad, Iraq; DATED: September 9, 2003
CONTINUED:
AFFIDAVIT
'. HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS
('N rAGE 1 AND ENDS ON PAGE 2. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT
MhDE BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED
THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY
WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION,
UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.
Subscribed and sworn to before me, a person authorized by law to administer oath,
this September 9, 2003, at Baghdad, Iraq.
SPECIAL AGENT
323RD MILITARY POLICE DETACHMENT (CID)(DSE)
(Typed Name of Persoll Administering Oath)
ARTICLE 136 UCMJ
(.i'lurlJori ty to Administer Oath)
,>JITNESS:
'o!1.b
£-tf
EXHIBIT INITIALS OF PERSON MAKING STATEMENT . , _ _ PAGE 2. OF L PAGES
j,.~}l.d."; ';'
OFFICIAL USE ONLY EXHIBIT _,_>_<0_
on~:l:t
DODDOACID 007811
/0 (If -0 3 -c I D<6'Tt- 6
SWORN STATEMENT
For use of this form. see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22.1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
Disclosure of
10. STATEMENT
PAGE 1 OF _l_ PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "S
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT. AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823. JUL 72, IS OBSOLETE USAPA V1.00 .. 8
OFFICIAL USE ONLY
EXHIBIT . J'IJ ,; ~ 1. .;;
00834
Olr 7-o"S,-C (0899-b' 5~
_ _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ __ DATED _ _ _ _ _ _ _ _ __
STATEMENT OF
9. STATEMENT (Continued)
AFFIDAVIT
_ _ _ , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL IN ~
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
administer oaths, this ~ day of , 21!JO ~
)
at
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF
PAGE OF PAGES
PAGE 3, DA FO.flM'..JZ"8'23. USAI'A v,'.oo .\
EXHIBIT (>''-' J lJ II \.i!';' ~
OFFICIAL USE ONLY 0083;;
DODDOACID 007813
'it
_ _ _ _ _ _ _ _ _ _ _ _ _.....:':'.&
1 1/7 -0 - C I Dc:;:.-I9-o '5
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22. 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/altemate means of identification to facilitate filing and retrieval.
Disclosure of
,WANT ::~~ FO~L,OWING STATEMENT UNDER OATH:
I!> (0-'1
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10. EXHIBIT 'Y'M,,,,,,,,,, STATEMENT
PAGE 1 OF 3 PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2823, JUL 72, IS OBSOLETE lJ.SAPA V1.00
j.t).', \,.,
')
1. J'
0
OFFICIAL USE ONl.Y EXHIBIT ~00836
DODDOACID 007814
Tr T ,,~, 1'\ r CJ 117-aJ-C i D8?9 -63!5q
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED Tu FINAL PAGE OF THIS FORM.
ST ATEMENT OF _ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ __
*', ;: DATED _ _ _ _ _ _ _ ____
9. ST AT),~~N.T, lIie!l!inued) /-I E t. P (- TN c- u .m /.J ~
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PAGES
.. ,' J I USAP~vloO
OFFICIAL USE ONLY EXHIBIT J \} \.J 1 J ,
0083'7
o I I 7 -0 3 -c IlJ f?9cr - 65 S-
_ _ _ _ _ _ _ _ _ _ _ _ _ TAKEN AT _ _ _ _ _ _ _ _ DATED _ _ _ _ _ _ _ __
STATEMENT OF
AFFIDAVIT
I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE--.Z-. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOnOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY OF OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL ""rLU<""
WITNESSES: Subscribed and sworn to before me, a person authorized by law to
day of , ?dc:t '$
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS
INITIALS OF PERSON MAKING ST A
PAGES
PAGE 3, DA FORM 2823, DEC USAPA V1.00
EXHIBIT :;::>. ': _
.j \i\j '~ 1 J2
OFFICIAL USE ONLY ~.J _
OOS3~
RIGf:;' ~RNING PROCEDUREIWAIVER
For use or this form. see AR 190-30; the proponent agency is
DATA REQUIRED BY THE PRIVACY ACT
.AUTHORITV: Title 10, United States Code, Section 301 2(g)
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/altemate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
~. DATE 4. FILE NO.
7St:~O
B. ORGANIZATION OR ADDRESS
'---------1 C C'" 0 ,;;. -c, Iit-.J
Iff 0 f1 c:: L."';)?3~
Section A. Rights
The investigator whose name appears below told me thet he/she is with the United States Army
and wanted to question me about the following offense(s) of which I am
suspected/accused:
·Before he/she askad me eny questions about the offense(s), however. he/she made it clear to me that I have the following rights:
1. I do not have to answer eny question or say anything.
2. Anything I say or do can be used as evidence egainst me in e criminal trial.
3. (For personnel subject othe UCMJ I have tha right to talk privately to a lawyer before. during. and after questioning and to have a lawyer prasent with me
during questioning. This lawyer can be a civilian lawyer I arranga for at no axpense to the Government or a military lawyer detailed for me at no expense to me.
or both.
- or-
(For civilians not subject fo the UCMJ) I have the right to telk privately to a lawyer before. during. and after questioning and to have a lawyer presant with
me during quastioning. I understand that this lawyer can be one that I arrange for at my own expense. or if I cannot afford a lawyer and want one. a lawyar
will be appointed for me before any questioning begins.
4. If I am now willing to discuss the offense(s) undar investigetion. with or without a lawyer present. I have a right to stop answaring questions at any time. or
spaak privately with a lawyer before anSWering further. even if I sign the waiver below.
'5. COMMENTS (Continue on reverse side)
the offense(s) under Investigation end make e statement without talking to a lawyer first and without
lb. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGAI'IZATION OF INVESTIGATOR
/1,-1(...; J.-- , ~
Section C. Non-waiver
1. I do not want to give up my rights
o I do not want to be questioned or say anything
(DA FORM 2823) SUBSE~UENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE
f)FFtCIAL USE ONLY
"~;)J I <",:~~i;.L~~J-~__""" ___'
-----~-
SWORN STATEMENT
.
For use of thIs form. see AR 190-45' the proponent agency is ODCSOPS
,
PRIVACY ACT STATEMENT
AUTHORITY: . 2951' EO 9397 dated November 22. 1943 (SSN).
Title 10 USC Section 301; Title 5 USC SectIon .. ' '.' b which information may be accurately
PRINCIPAL PURPOSE: I f rcement offIcIals wIth means y . I
To provide commanders and aw en 0 f identification to facilitate filing and retneva.
ROUTINE USES: Your social security number is used as an additional/alternate means 0
number is 4. FILE NUMBER
'''''''UC/''' ATUS
9.
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
10. EXHIBIT OF PERSON MAKING STATEMENT
PAGE 1 OF PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "s TAKEN AT _ _ DATED
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MA KING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED. DA FORM 2.23, JUL 72. ,S OBSOLETE J 'J ,~':''1'j~
DA FORM 2823, DEC 1998 EXHIBIT 3-.
OFFtGIAt USE ONLY O---'O~8~il 0
r',) 0/17
------------,~
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is ODCSOPS
PRIVACY ACT STATEMENT
AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E,O. 9397 dated November 22, 1943 (SSN).
PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information may be accurately
ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval.
FILE NUMBER
ATUS
9.
::r.
10. EXHIBIT ST ATEMENT 'l
PAGE 1 OF ~ PAGES
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STA
THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER
MUST BE BE INDICATED.
DA FORM 2823, DEC 1998 DA FORM 2623, JUL 72, IS OBSOLETE USAPA V1.00
OFFICiAL LISE ONLY EXHIBit-Iw ~~1f:1.
....-_______ <,~'., oil CJ3-C./~c'N-
USE THIS PAGE IF NEEDED •. IF ,liiS PAGE IS NOT NEEDED. PlEASE PROCEED TC. .AL PAGE OF THIS FORM.
STATEMENT OF
INITIALS OF PERSON MAKING ST A
PAGES
PAGE 2. DA FORM 2823. DEC 7998 USAPA VI,'ilO
J.iJ;!;:~.1.j b
EXHIBIT00812
STATEMENT OF '---__ TAKEN AT
AFFIDAVIT
I, , HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH ENDS ON PAGE~. I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE
CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT
THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL
WITNESSES: Subscribed and sworn to before me, a
administer oaths, this ~ day
ORGANIZATION OR ADDRESS
ORGANIZATION OR ADDRESS (Authority To Administer Oaths)
INITIALS OF PERSON MAKING ST A
PAGE :3 OF ~ PAGES
PAGE 3, DA FORM 2823, DEC 7998 " ..,
USAPA Vl.00
"
Jl )".;".·l J ,
EXHIBIT t
O~843
Rim RNING PROCEDUREIWAIVER
For use of mis form, see AR 190-30; the proponent agency is
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
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.
4. FILE NO.
8. ORGANIZATION OR ADDRESS
C<t:J)./~ :Cpr.
un."UI:,O> ATUS
PART 1- RIGHTS WAIVER/NON-WAIVER "CI~TII:I"j~TC
Section A. Rights
The investlgat", whose name appears below told me that helshe is with the United States Army
and wantad to question me about the following offense(s} of which I am
suspected/accused:
Before he/she asked me any questions about the offense(s}, however, helshe made it clear to me that I have the following rights:
,. I do not have to answer any question or say enything.
2. Anything I say or do cen be used es evidence against me in e criminal trial.
3. (For personnel subject othe UCMJ I have the right to talk privetely to a lawyer before, during, and after questioning and to have a lawyar present with me
during questioning. This lewyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
- or-
(For civilians not subject to the UCMJ) 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 that this lawyer can be one that I arrange for at my own expanse, or if I cannot afford a lawyer and want one, a lawyer
will ba appointed for ma before any questioning begins.
4. If I am now willing to discuss the offense(s} under investigation, with or without a lawyer present, I have a right to stop answering questions at any tima, or
speak privately with a lawyer before answering further, even if I sign the waiver below.
5. COMMENTS (Continue on reverse side)
Section B. Waiver
the offense(s} under invastigetion and make a statement without talking to a lawyer first and without
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGA~IZATION OF INVESTIGATOR
Ii fI c" (~ -'- .)..-'
Section C. Non-waiver
,. I do not want to giva up my rights
o I want a lawyer o I do not want to be questioned or say anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS TO ANY SWORN STATEMENT fDA FORM 28231 SUBSE~UENTLY EXECUTED BY SUSPECTI ACCUSED
DA FORM 3881, NOV 89 EDITION OF NOV 84 IS OBSOLETE . flSAPA2f'S
J V I, ~ ! .;
OFFICIAL USE ONl.Y EXHIBITOO'844
ARNING PROCEOUREIWAIVER
For use v, this form, see AR 190·30; the proponent egency is
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(g)
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/altemate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
1.
!D. 8. ORGANIZATION OR ADDRESS
L CO :.2/1f.,.4 l-v,f-.
The investigetor whose name appears below told me that he/she is with the United Stetes Army Ui'C'f/:N41 b V ('/k-V/y,,;7;:bi-V hN<1r-o'
4) ~.~~ (:} and wanted to quastion me about the following offensa(sl of which)y':!l
'suspacted/~: _____ 4-'- ~_/~ Affs/'AI sl-AZ6?""",")-ij /lI",C:ta£~o-,7' e-JC k ,&.-«.0-£... c?'L
asked me any questions about the offensa(s), howevar, he/she mede it clear to me that I have tha following rights:
not have to enswer any question or say "nything.
I say or do can ba used as evidence against me in a criminal trial.
personnel subject othe UCMJ I have the right to telk privately to a lewyer bafore, during, and after questioning and to have a lewyer present with me
during questioning. This lawyer can be a civilian lawyar I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
• or·
(For civilians nor subJecr to the UCMJ) I hava the right to talk privately to 8 lawyar before, during, and after quastioning "nd to hava 8 lawyer present with
.--iIIme during questioning. I understand that this lawyar can be one that I arrange for at my own expense, or if I cannot afford a lawyar and want one, a lawyar
be appointed for me before "ny questioning begins .
.....-ri I am now willing to discuss the offense(s) under investigation, with or without a lawyer prasant, I have a right to stop answaring questions et any tima, or
speak prlvetely with a lawyar bafore answering furthar, even if I sign the waiver below.
1i. COMMENTS (Continue on reverse side)
B. Waiver
I undenstand my rights as stated above. I am now willing to discuss the offense(s) under investigetion and maka a statement without talking to a lawyar first and without
~havinga lawyer presant with me.
WITNESSES (If available) 3. SIGNATURE OF INTERVIEWEE
'18. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Typa or Print)
b. ORGANIZATION OR ADDRESS AND PHONE 6. ORGANIZATION OF INVESTIGATOR
Section C. Non-waiver
1. I do not want to give up my rights
'($... I want 8 lawyer o I do not want to be questioned or sey anything
2. SIGNATURE OF INTERVIEWEE
ATTACH THIS WAIVER (DA FORM 2823) SUBSEQUENTLY EXECUTED BY SUSPECT/ACCUSED
OA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE , I,ISAPA 2,~19
J \J I, ~ 1 ,) ~
OFFICIAL USE ONL'r' EXHISOO 8.,~ 5
DODDOACID 007823
( RIG":·
--------------------------------------------------------------~
!\RNING PROCEDUREIWAIVER
For use or this fonn, see AR 190-30; the proponent agency is
TE
DATA REQUIRED BY THE PRIVACY ACT
AUTHORITY: Title 10, United States Code, Section 3012(gl
PRtNCIPAL PURPOSE: To provide commanders end law enforcement officials with means by which information may be accurately identified.
ROUTINE USES: Your Social Security Number is used as an additionallaltemate means of identification to facilitate filing and retrieval.
DISCLOSURE: Disclosure of your Social Security Number is voluntary.
2. 4. FILE NO.
/
8. ORGANIZATION pR ADDRESS ~
'---------f c. c' 0 t')... / I r" r' I I rt.tJ
lefore he/she asked me any questions about the offense(s), however, he/she mode it clear to me thet I have the following rights:
dO not have to answer eny queRtion or sey anything.
_• nything I SBY or do can be used as evidence agelnst me in a criminal trial.
. r personnel subject othe UCMJ I have the right to talk privately to a lawyer bafore, during, and attar questioning and to have a lawyer present with me
during qUBstioning. This lawyer can ba " civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me,
or both.
- or-
(For civilians not subject to the UCMJ) I have the right to talk privately to a lawyar bafore, during, and attar quastioning and to hava a lawyer presant with
me during questioning. I understand that this lawyar can be one that I arrange for at my own expensa, or if I cannot afford a lawyar and want ona, a lawyer
~iII be appointod for me bafore any questioning begins.
4 _ I em now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or
speak privataly with a lewyar bafore answering further, even if I sign the waiver below.
D.
the offense(s) under inVesltllllJticm and make a statement without talking to a lawyer first and without
WITNESSES (If Bv~'iIBj'Jle)
1a_ NAME (Type or Print)
'b_ ORGANIZATION OR ADDRESS AND PHONE
2a. NAME (Type or Print)
b. ORGANIZATION OR ADDRESS AND PHONE ORGANIZATION
,).),3 IP( fill'
Section C. Non-waiver
1_ I do not want to give up my rights
o I want a lawyer D I do not want to be quastioned or say anything
2. SIGNATURE OF INTERVIEWEE
CERTIFICATE TO SWORN STATEMENT IDA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED
USAPA 2.01
DA FORM 3881. NOV 89 EDITION OF NOV 84 IS OBSOLETE
SWORN STATEMENT
File Number
Location
Date
Time 11../07..z
Statement of
Grade/Status
1JC-S~~~~~;~~' ~ :~ ~ ~ ~: ~ =~: ~ =~
."'1'
SSN
-:- - - - ---- --- -------- --------
--- -------- -- --
WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
About 0615, 01 Sep 03, I arrived at my living area after my guard shift. When I
arrived I noticed there gu~sitting down next to the fence where we keep
the garbage. I asked SFC ~f those three guys were the guys that were01c.-DI bb-S'"
supposedly offered ~undred dollars to kill us, and what we were going to do
to them. Then SFC .....,.replied, we gonna fuck them up. While I was stillflt£'-6'Cb(.,-5
standing there I looked at the guy and said, they paid you three hundred dollars
to kill us that fucked up, then I kicked him with my left leg in his right thigh.
Then after that, I went ~opped my gear off on my cot. W~ came back to
the detainees I saw SSG ~alkingto the detainees. SSG _ _ was askingb~l.·S(ii..·b
them if they were the three guys that were pa~ee hundred dollars to kill us.
The detainees responde~h no Mr. Then SFC ~ called for the first guy tobi c -5",tktS'"
brought to him. SSG - - . . picked up one of the guys by his shirt; theb1(..-5,"'--S
detainee was crying no Mr. Then SSG I slammed the detain~ the hasco
basket he kneeded the detainee in the stomach twice. Then SSG _ _ _ _ _ gr~C.-S/~
the same guy and slammed his back into the fence on the right. After SFC . . . . . . .
talked to the first ~ee he asked for the second. I picked him up, as I was
bringing him to SFC _ _ _ I tripped him; he fell on the concrete pathway. Ib1C..o,fd,~
picked him up, everyone was laughing, I was laughing, and I said I was sorry.
Then I released him to SFC Then I walked back, grabbed a water bottle by
the freezer and ~o bed. I did not see what happened to the third guy. I
never heard SFC ' - - t e l l anyone to keep me away from them. When SFC blC.-b-I,,-,,"S'
came back into our sleeping area after he was done questioning the detainees, he
came up to my cot and I told ~that I apologized to the detainee _for"ll.Io~I&;·.)
t ipping the detainee. SFC ~ told me that it was all right .1.01(.':>. ~'5
r1
~I : SA
:
1o"4c..1,~wl
I(ff':f~·S'
~j~ Why did you ~he detainee while he was on the ground?
~:_Because SFC tlllll'said we were going to fuck them up, so I kicked him.
l~-~ Did you intend to hurt the detainee?
III'~: No, if I wanted to hurt him, I would have hit him in the ribs or in the head,
'" b'f I didn't, I hit him in the thigh.
b~~: ~ere the three detainees flexi cuffed the whole time you could see them?
....A:6: es .
~~ Did you witness anyone else strike or assault any of the detainees?
. , . A: No.
Q: Did you push any of the detainees into the trash? _
h'¥:--Si 1d9-o
EXHIBIT INITIALS OF PERSON MAKING STATEMENT PAGE 1 OF 3 PAGES
EXHIBIT (I,)
.......
,---.-..,-...~, --
0084',
STATEMENT OF: i.li$iiiih.t.-is-il.~,
.... TAKEN AT: Baghdad, Iraq; DATED: September 10, 2003 CONTINUED:
.,;
o1'-'5(~
• .n.: No, I did nor, they were already sitting on the trash when I got there .
.A: .): How many of the detainees did you assault?
The detainee I kicked and the one that I tripped. They were two different
people. I did not touch the last detainee.
Q: When you tripped the detainee, then picked him up and said you were sorry,
Here you sincere about your apology, or were you mocking the detainee?
lirA: I was not sincere, I'm telling the truth. At the time I was making fun of the
detainee because everybody was laughing and joking about the situation, but now I
realize that it was a mistake I really feel bad that it happened and I want to be
honest about it, I was following orders because SFC said we were going to
fuck them up. ~~~D"tllI>-6""
): Do you have anything else =-wish to add to this statement?
__ . No. I I lEND OF STATEMENT I I I . . b1L~6 (J9;.-t)'
EXHIBIT INITIALS OF PERSON MAKING STATEMENT
~~
JIIIIr PAGE ~ OF
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3
6
PAGES
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EXHIBIT ii,
----
OFFICIAL USE ONLY
OO~48
01 I 7-{7 3- f 10&99-6 JSo7li
STATEMENT OF: , TAKEN AT:Baghdad, Iraq; DATED: September 10, 2003 CONTINUED:
AFFIDAVIT
------~-~l~~------------------------------------------------------------
1, t~VE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON
PAGE 1 AND ENDS ON PAG~~ I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE
BY ME. THE STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE
POTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT
lK'PE ')F BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL
INFLUENCE, OR UNLAWFUL INDUCEMENT.
Subscribed and sworn to before me, a person authorized by law to administer oath,
this September 10, 2003, at Baghdad, Iraq.
(S~gJ]ature of Pe~-son Administering Oath)
b-:rC.-l,ltJoi Jbd.
SPECIAL AGENT .J •
323RD MILITARY POLICE DETACHMENT (CID)(DSE)
(1)'ped Ivame of Person Administering Oa th)
ARTICLE 136 UCMJ
I.·lu/"hority to Administer Oath)
WITNESS;
EXHIBIT INITIALS OF PERSON MAKING STATEMENT JIIII, PAGE ~ OF 3 PAGES
J IJ \; ~ .11 3
EXHIBIT 2{ C'
OFFICIAL USE ONLY
00849
- - - - -..
I AGENT'S ACTIVITY SL,Y1~ iARY Control ~umber Ol17-03-CID899-63549
I (CID Rrgulation 195-1)
l TIME. 1),\TE. A:,\,D AGENT St:MMARY OF I"iVESTlGA TIVE ACTIVITY
na
1745 Z, 8 Sep 03 Received a call from the SJA for 2 BDE, he stated he received information
) ~1L-1 (~( from the 2 nd Bde Commander that some soldiers form 2 nd BDE had beaten
"" nd
some detainees while in 2 BDE custody and an audio tape was made of the
beatings. According to SJA, the Platoon SOT instructed the soldiers to beat
the detainees. This incident occurred on or about 1 Sep 03, the detainees
have beer~ released but were visited by the BDE Commander today. SJA
stated they could pick up two agents at 0800L on 9 Sep 03 and would be able
to recover the detainees and make the soldiers available for the agents:
1750 Z, 8 Sep 03
7 »14-( I bb- t
Discussed case with SAC, SA ~ill accompany SA
to handle the case.
~~<"-I bf:,.../
1&.-.--.'
b~Jeg-(
0600 Z, 9 Sep 03 Arrived at 2/6 th Inf, received briefing from Bn Cdr and XO
_ • • ]p1t-i ( /06- I
0730 Z, 9 Sep 03 Collected as evidence two audio tapes (See AIR)
• • • b-:;c.-I,hb-I
I" ~-IS b4P-S-
_ Z, 9 Sep 03
1029 Interviewed ~See AIR and Statement)
.:It bU-/cbb-1
2
/t,1<--oc ~
1041 Z,9 Sep 03 Interviewed . 'See air and statement)
_ • • btl-II bb-t
--2.
1101 Z,9 Sep 03
1115Z,9Sep03
VJ1c.-JJ hro- (
Interviewed
Interviewed
~-5,1o"-f)
•
IDt-6i bCO-o
_ I
(See AIR and Statement)
(see air and statement)
? IoTC~1 I bb~'
{,:,1V 6 tkc-b
1249 Z, 9 Sep 03 Interviewed . (See AIR and Statement)
• •.l?~1 ,hb-(
:
1307 Z, 9 Sep 03 Confinned statement of.
,1<:"It tt..tf(See air)
_ _.F b1er I, b6-r
b1'~L{( bb- L/
1309 Z, 9 Sep 03 Confinned statement of peSee AIR)
- _ . JtAc.-11iJ(.-1
lo1'-j,.tb4
1312 Z, 9 Sep 03 Confirmed statement ofli•••••• 4~(See air)
,
• • • b1&-I/(pb-1 !
1 Wt-4, t» -4
i 1314 Z, 9 Sep 03 Confinllcd statement of _ I (Sec air)
I • • •~TG-{ (bfe,-j
Ll 316_.z.?_~_eE 03___ ___ _
]
5 ont}p11ed statement of 1 Wrt :tee AIR) ------- - ----
em FORM 2X FOR OFFICIAL I :SF. ONL Y PAGE
I l1CT RO V()\J~.I.·;,1
OO~SO
:; ---------,r------~]
.-----A-G-E-N-T-'-S-A-C-T-IV-IT-Y Su lVlII IARY Contrul :--lumber OlI7-03-CID899-63549
SU:\IMARY OF 'l'ovESTIGATIVE ACTIVITY
b~ &o(P"i
Confinned statement oflliiilllilillf:See AIR)
bJ-L:'Y ~-'I
Confinued statement of ~See AIR)
{o ~£( I bf,-y
1322 Z, 9 Sep 03 Confinned statement of 7 F(See AIR)
7 b,c~\J~-1
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I
1324 Z, 9 Sep 03 Confinued statement of (See AIR)
_ _.b~,~'1
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1327 Z, 9 Sep 03 Confinned statement of ftSee AIR)
. . . . b'lc:~,bCp-1
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1334 Z, 9 Sep 03 Confinned statement ou PeSee AIR)
7 "1C" pfp-(
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1340 Z, 9 Sep 03 Confinued statement of ySee AIR)
Q b~1F,"-1
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1345 Z, 9 Sep 03 Confinued statement of (See AIR)
7 b~C:-'JdP·(
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b1-c -Lf1 p('o:l./
1435 Z, 9 Sep 03 Interviewed (See statement)
• ; b~'Ja(,:,-1
W~-4·(~~
1436 Z, 9 Sep 03 Confinued statement of • See AIR)
-"Io~t:'r~-I
1503 Z, 9 Sep 03 COllfilmed statement of lo1'-'f~·~ AIR)
See
.
_ _ b1C,)b~-'
blC,·l:I( rb-c.{
0700 Z, 10 Sep 03 Interviewed Mr. _ F (See AIR)
--IIII.;.b1C11"~-(
b~~11Oh -V
0900 Z, 10 Sep 03 Interviewcd Mr.."_tScc AIR)
b'tC--4 ( flJ6· ~
l030 Z, 10 Sep 03 I Intcnicwcd Ivlr. . g (Sec AIR)
l --- - - - - - -.--~- -----~- - -~-.- ---~------------~------ --------'
em FOR[\j 28 FOR OFFICIAL USE ONL Y PAGE
iJlJ\j
I')
~,.(..
I OCT NO
OO~5:l
-,
"
r-----A-G-E-N-=T=c-'=-S-A-=CC:=T=IV:-::I=TY~U Ml\ ~AR Y
(cm Rrgulntion 195-1)
j Control Number 0117-03-C ID899-63549
Tl:\IE. DATE. AND AGENT 1 Sn"URY OF 1~'ESTlGA TlYE ACTIVITY
1130 Z, 10 Sep 03 Photographed crime scene (See AIR)
fo7't'lb~-'
1200 Z, 10 Sep 03 Went to ZAF l\RANIA Hospital to obtain medical treatment records. No
b~1~-( records exist.
....
1221 Z 10 Sep 03
& b"C.i ,b(P-(
1337 Z, 10 Sep 03
~'I
Re-interviewed SSG--.cSee AIR).
b1!:.;!1i!!h~ ,(
Re-interviewed"'(See Statement).
._.IP'l(.1 ,bfc,-1
,_..
biC=J~ .. 3
1145 Z, 13 Sep 03 Obtained SJA opinion from CPT .(See AIR).
& b~C.1 ,bfo'"
0800 Z, 14 Sep 03 Typed InitiallFinal Report. To SAC for Review.
7 E b1G1F~-1
1000hr 15 Sep 03 Zulu S:\C Reviev'· ... Based on the SJA opine, close case.
. . \Dq<.1~"-1
Outstanding wnrk on this one.
Investigative Hours: 56.0
Travel Hours: 10.0
Administrative: 12.0
-'--~------
CID FORM 28 FOR OFFICIAL USE ONL Y PAGE ...
I OCT 80 J lJ ii.· , ,.)
00852
AGENTS
(CID
TIME. DATE. AND AGENT SUMMARY OF INVESTIGATIVE ACITIVITY
us-Ac(2c
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CID FORM 2B PREVIOUS E~ITIONS OF THIS FORM WILL BE USED UNTIL EXHAUSTED 00853'..A
8 SEP 03
Results of Preliminary lnvestigation of Alleged Detainee Abuse 31 AUG - 1 SEP 03
fjtG.JS I ~ !)
1. SFC Likely. Denies giving instructions to harm prisoners. Denies ever
striking prisoners.
~-S"!~-6
') SSG I a
Likely. Moved prisoners from detention holding area to the
location prior to the interrogation. Admits he used his foot to the back of one of
the detainee's knees in order to get the prisoner to sit down. Admits the detainee
hit hard.
101-G-r7lbP~ rf
3. SPC • Likely. Moved prisoners from detention holding area to a location
prior to their interrogation. Heard order from SFC IF to rough prisoners up 1010-5' 1/oG,-S-
prior to the interrogation. Observed SSG 2 kick prisoner to get him to sit b':1v:S I bb-$
down.
bt(.-'i I /t;I(o. !.{
4. SGT_Likely. Moved prisoners from detention holding area to a location
prior to their interrogation.
ftjIL-S- /rk. -S- ~- 4 {(Yu • <I
5. SGT iiiIiiiiIPLikely. Identified by SPC as one of the three soldiers
geatiBgup 1M dKee detaj~MAJ did not interview him during the
initial portion of the investigation. 101(.-D,Io{:,o:3
b'f1.·6 !J,~-S rd
6. SSG I Possible. 3 PLT/CO C/2-6 IN. SOG @ 01 0200 SEP 03.
\Q"f(.-'-i I J?c-<-i
7. SGT Not likely. Heard order to strike or beat prisoners down.
Observed SFC~trike a prisoner. Does not care for SFC pre.- b~1 bf,-S'"
101c..-Lj 0(Q -q b~- s t ~ b- b
1(>0& -
-" 8
I .
SPC _ N o t likely. Heard order from SFC F I Lo strike Iraqi detainee.
to (,v""
-, Observed SSG and SOT beating detainees. iC.~5"! UID"tj
9. Sp~L-4I!?~1r Not likely. t
Relieved S~"II~... an~1'-c..f~-lTO ola 01 0200
SEP 03. May have observed or heard directions from SFC FDid not say b1V'f ( Io,-f{
during initial investigation.
1O. PF~1G-c.f !~b -~ Not likely. Relieved sp~j,tj ~r-l.( 0~ ~~TO o/a 01
f 2 _ (, _
0200 SEP 03. May have observed or heard directions from SFC Did not~tc.-.!>, t7\P"b
say during initial investigation.
{1JG-l{ ! Jdt:,-c{
11. SPC I Not likely. On duty as an RTO 31 AUG 03 until 01 0200 SEP 03.
Observed three individuals on 31 AUO 03 in front of the ACP. Later confirmed
that the three detainees were the three individuals observed prior to fleeing toward
the mosque under construction.
12. ~~l!~~tot likely. On duty as an RTO 31 AUG 03 until 01 0200 SEP 03.
Observed three individuals on 31 AUG 03 in front of the ACP. Later confinned
that the three detainees were the three individuals observed prior to fleeing toward
the mosque U1'1l:der construction.
bfc.-,,/_,1;1"'4
13. PFC~ Not likely. Heard of other incidents involving CO C/2-6 IN. Heard
only rumors about an order from PSG to strike detainees. .
14. s~-'\ tfCoi<..(t Not likely. Arrived with LOGPAC. Observed prisoners as they
were conducting detainee detail.
~1L'~!bb~
15. PFC I d Possible. Claims to have observed the interrogation of detainees 2
and 3. 2 is on tape describing the detainees getting beat up. Deniesfo1.c..-'(,~-"
knowing any information about SFC 'striking any detainee. b1(.-o, b~-S"
1bj(...J.{ It::&: I.{
16. SSG_Not likely. Picked up three detainees from the mosque. Explained in
detail how the prisoners were handled and treated at the mosque and once they
turned them over to the ACP.
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00863
DEPARTMENT OF THE ARMY
313'" MILITARY POLICE DETACHMENT, (CID)
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
1401 WEST ARGYLE STREET
JACKSON, MICHIGAN 49202
REPLY TO
ATTENTION OF
~c \'ihO~', ~ Lo Iv!
~f~_--,--,- _ _----:-_
Request thae upon presentation of this document, by ma~l or in person, the
bearer be given all information contai~ed in my patiene records, including
alcohol and drug abuse records (protected under the regulations of Tiele 42,
Code of Federal Regula,:ior'_s Part II); Cop.1Il',u::icable dise3ses and serious
communicable diseases and i:1:ec;::ions as de:i!"_ed by s;::a,:o..:;::e a:1d Nictigan
Department of Public Healeh (which include venereal disease "VD", tuberculosis
"TE", hepatitis, human immunodeficiency virus "HIV" , ac:::::uired immunodeficiency
disease syndrome ".I'1.IDS", and AIDS relaeed comple:-: "APC"); psychological
services and social services ir:formati::n, in::::lt.:di:!9 cOIT'-",unica'cions ~ade by me
to a social worker or psychologist, psychiatrist, nurse or other mental healt~
provlder_
I/We voluntarily waive my/cur righes, under che ?=~vacy Ace, and agree
° tD-"1:c.ke nD cction--against--any-ene who releases this inf:::>rmation_ I undex:.stand
this information is being used in a criminal investigati:::>n and request the
~U~~~~i3~ 0~ ~~~o~d~ per~ai~i~o t~ the mat~e= u~je= i~~es~igati2~ c=c~e=ate
fully wi~h ~~e inves;::igacion anti release any doc~~ents - n their en~ire~y ~c
:.he L!-:.i l..c::::! 5-=.6. :_~.:: ;'.-::.-:::::/ ,=::- ~rr.~:1G~ =:~-/-25 :~_ J2~ L2.~:-"
this release ~s to be honored as an original_
Sccial Securi 'c_~; Nu!nber: __--'-________
Da:e of 52-rt
[10. ~ e,.' 'T i!TIE: : _ _ _ _ _ _ _ _ _ _ _ _ _ _~......,~_
s~t5=~~tej ~~d swo~~ te~cre me, ~~~s d~v cf
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00864
DEPARTMENT OF THE ARMY
323'" MILITARY POLICE DETACHMENT. (CID)
UNITED STATES ARMY CRIMINAL INVESTIGATION COMMAND
1401 WEST ARGYLE STREET
JACKSON. MICHIGAN 49202
REPLY TO
ATTENTION OF
_'2.. :: C:: /tJ )W' 0)
':2:"c \·lhcr.. it
I,~
Re~uesL Lhac up ~ prese~~a~ C~ c_ documenL, by mai: or in person, =~e
bearer be given all in~ormation contained in my pat~ent records, including
a:cohol and drug abuse records ,procecced under che regulacicns of Ticle 42,
Code of Federal Eegulat:ions Part 11\; communicable diseases and serious
cOITL'11llnici3.c:e ciiSE:=ses ar:d ir:.fec1:ior:s a~ cie:~~ed b); s::.aL·....:':e: c.r..d !\1icr.-=-gar..
Department of Pub:ic HealLh (which include venereal disease "VDn, tuberculosis
"TE", hepacit:is, :,uman immunodeficiency virus "HIV", acquired immunodeflciency
disease syndrome "}I.IDS", and AIDS related complex "ARC n ) ; psychological
se!"\l2.CeS a:-ld socia.l se:r-i. . ices info!"mation, iDc.1.UC.':"r:g ccmtl1..1...:.r..i·':2.::'':ans mace by me
co a social worker or psychologist, psychiatrist:, n~rse or other mental health
provider.
r/We voluncarily waive my/our rights, under t:he Privacy Ace, and agree
-·-·----to--take-no a.ct:iona-gainstany one who_.r:elea5es this informacion. I unge_!:"_s..t:.'i~d
this infcrmacion is being used in a cr~minal invesLiga~io~ and request the
cus=odian of reccrds pe~caining ~c ~he maLLe~ under inve5~igacicn coopera~e
- fij~lY w:'th The- in'lestigation and release any documents in their E'l.tiret:/ to
t:-.e U!l2.'Ce::: 5':.cL2S ;'.!:!T.j- ·=~i~n2.!1a~ =~_-\:es-':lga.=':"2n C':;!11.!7:c.:1G.
t!1is reJ.ease is co 1::e hcrcored as all original.
~efore me, t~is d~v of
a Notarv Public in and for
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