u.s. naval criminal investigative service
TRANSCRIPT
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE. C-3\
EXHIBIT ( 9
U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
TITLE: Ill FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF WAR
CCN: 13JUNO3-SDPE-0125-7XMA
INVESTIGATIVE ACTION: RESULTS OF POLYGRAPH EXAM USMC
On 18Jun03, after executing enclosures (1) and (2), USMC, was administered a polygraph examination in conjunction with this investigation. The following are the relevant questions utilized and ellinallisponses thereto:
(a) Did you shoot any Iraqi EPW's?....No (b) Did you shoot any Iraqi EPW's while in Iraq?....No
Following chart evaluation, and prior to NCISHQ Quali Control Review, no opinion could be rendered by the examiner. During the post-test interview, id not provide any explanation for the test results.
On the same date,61111111111.was administered a second polygraph in an attempt to resolve the no opinion results. The following are the relevant questions utilized and his responses thereto:
(c) Did you shoot any Iraqi EPW's?....No (d) Did you shoot any Iraqi EPW's while in Iraq?....No
Following chart evaluation, and prior to NCISHQ Quality Control Review, in the opinion of the examiner 0111111111. was being truthful when responding to these relevant questions.
ENCLOSURES (1) Military Suspect's Acknowledgement and Waiver of Rights form 18Jun03 (2) Polygraph Examination Waiver form......8Jun03
BIOGRAPHICAL EAAPLOYME SSN: DOB: POB: RESIDENCE: • OTHER:
• • • Il e a
MCB CAMFPENDLETON, CA race...ex: male
n-1-35,-Eteos. DATA
• •• •
41111111111111111
Reported By:
Polygraph Examiner Office: NCISPS MCAS MIRAMAR, CA
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WARNING PAGE 1 OF 1
Signature
Date & Time: Zoojoe,
MILITARY SUSPECT'S ACKNOWLEDGEMENT AND WAIVER OF RIGHTS Ac3
Place: NCISRA4CAMP PENDLETON, CA Date : June 18, 2003 : o 72 6 1111111
have been advised by Special Agen that I am suspected of false official statements and homicide.
I have also been advised that:
) I have the right to remain silent and make no statement at all; Any statement I make can be used against me in a trial by court-martial or other judicial or
admi • ative proceeding; ) I have the right to consult with a lawyer prior to any questioning. This lawyer may be a
civi an lawyer retained by me at no cost to the United States, a military lawyer appointed to act as my couns t no cost to me, or both; ip
) I have the right to have my retained lawyer and/or appointed military lawyer present during
thisjr
iew; and ) I may terminate this interview at any time, for any reason.
understand my rights as related to me and as set forth above. With that understanding, I have decided that I do not desire to remain silent, consult with a retained or appointed lawyer, or have a lawyer present at this_t0• e 6. I make this decision freely and voluntarily. No threats or promises have
4 1
been made to me.
41lNllIllpllk Witnessed: .
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Page 1 of 1 NICTC Ccaniln Intunnell
(d) the area in which the*nation is to be conducted (does) (Eieesqvat) contain a two-way mirror or similar device;
(e) the • which the examination is to be conducted (does) (40111Pcontain a camera;
(f) the area in which the examination is to be conducted ( device and the polygraph examination may be monitored.
) contain an audio recording
DLYGRAPH EXAMINATION WA SR
Place : NCISRA MCB CAMP PENDLETON CA Date : June 18, 2003 ' D f 24 —
ave been requested by Special Agenal.11.11.1111111.f the Naval Criminal Investigative Service to submit to a polygraph examination relative to my knowledge of and/or participation in:
false official statements and homicide. 0111.
With respect to that request, I have been advised that: (a) I have the right to c It with a lawyer prior to making any decision concerning the
examination; (b) the polygraph examination will only be conducted with my prior written consent; 4111111_____ (c) no adverse action • be taken against me solely on the grounds that I refuse to consent to the
examination;
11101. ith an understanding of the above conditions, I have decided that I do not desire to consult with a lawyer at this time. I freely consent to be examined by polygraph and I agree to cooperate fully with the examiner during the examination. I make these deci ' s freely and voluntarily, and they are made with no threats having been made or promises extended to me
•
Signature
Date/Time : Z.0CC000/ 3 2_
Witnessed:
DODDON 000078
(Formerly NCISFORM P006/11-95)
ENCLOSURE27)2(4j
Page 1 of 1 NCIS 5580/24 (2/1999)
SPECIAL AGENT
U.S. NAVAL CRIMINAL Ilv—ESTIGATIVE SERVICE 340922 05:24 20030620 4:23HQ #3711 OUT:CIS #3028-._
ACTION/LEAD SHEET (RUC) 19JUNO3
SPECIAL INQUIRY (II) CONTROL: 13JUNO3-SDPE-0125-7XMA
I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF WAR
COMMAND/CAMP PENDLETON, CA/28300
MADE AT/23CP/NCISHQ WASHINGTON, DCANI111111111111
REFERENCE (A) SDPE ALS/17JUNO3
CASE SUMMARY 1. Authority is granted to administer a polygraph examination as requested by Reference (A). Approval number for 1111.1111111.0 is 2003-0330.
ACTION/LEAD A.SPVD...Provide services of polygraph examiner. I.DIST...For Information
DISTRIBUTION NCISHQ: 0023 ACTION: SDVD INFO: 0023CP/SDND/SDPE
FOR OF USE ONLY 10111.1P PAGE 1 LAST 11111, NNNN
DODDON 000079
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SER VICE.
(
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MG0092B //23B/23CP/ND/PE// U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
ACTION/LEAD SHEET (OPEN)
17JUNO3
SPECIAL INQUIRY (II) CONTROL: '13JUNO3-SDPE-0125-7XMA
I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF WAR
COMMAND/1FSSG, CAMP PENDLETON, CA/28300
MADE AT/SDPE/CAMP PENDLETON, cA4101.111111, SPECIAL AGENT
CASE SUMMARY I. Investi ation was initiated n03 following notification from USMCR, Combat Services Support Company 135, 1st FSSG, that on the morning of 13Jun03, he was a roached a member of his unit, USMCR,
41111111reported that orilleiriLLIIIM ' 12Jun03) at a unit party, a member of the unit named told several other unit members (including t at he and two other Marines h een ordered by his former
USMCR, to execute three Iraqi enemy prisoners o war (EPWs). The executions allegedly took place in early Apr03 while
111,!!!tical factory south of Baghdad. 41111111stated that 41111111 unit was temporarily residing at an abandoned Iraqi
threatened to kill him if he did not carry out the executions. also claimed that after executing the EPWs, the bodies were
disposed of i n eight foot deep hole. 11111111111111111.1111111.tated after head story, he called in the Marines who allegedly heard
make these statements. said each of the three) other Marines who were present con irmed hearing
statements, and believed they were credible.
2. Following initial reporting of the incident, interviews were conducted with the five individuals present when made the
(
who initially resorted inte iewed;
MCR
persons confirmed exhibits (1) through (5)
cident, the fol owin• individuals were Civili
USMCR, and
• of the aforementioned
ersion of statements, pertain.
3. On 13Jun03,11111.1111111111M USMCR,
provided an explanation conceriiiiiliir statements night, exhibits (6) and (7) pertain. stated that executions of EPWs never took place, and stated it was a made IMMOnstated he made up the story to tell his
stated unlike his colleagues, he didn't have good tell about his deployment to Iraq. stated he was and thought up the story while at the party.
FOR OFF1101ritSE ONLY PAGE WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REOUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.
DODDON 000080
was interviewed. Fol owing advisment of rights and signing of a waiver,
the previous the alleged story he friends. stories to intoxicated,
13JUNO3 -SDPE-0125-7XD 17JUNO3
I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE
4. Polygraph authorization is requested for MIN to accurately determine the validity of his version of events.
EXHIBITS (1) Statement of (2) Statement of (3) Statement of (4) Statement of (S) Statement of (6) Rights Waiver (7) Statement of
ACTION/LEAD A. 0023CP Request authorization to polygraph I. SDVD Provided for information
DISTRIBUTION NCISHQ: 0023B ACTION: 0023CP INFO: SDND/SDVD
FOR OFFUSE Y 01lir PAGE LAST
CASE CONTROL afrillitkILAA_
TRANSMIT (0 /1 AXAL141,01
WARNING THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTYISI CONCERNED WITHOUT SPECIFIC
AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.
13Jun03...(Copy all less SDND) 13Jun03...(Copy all less SDND)
13Jun03...(Copy all less SDND) _Cc4..-
3Jun03... (Copy all less SDND) 12.40 1- Cc.t.041:1°)
3Jun03...(Copy all less SDND)
13Jun03...(Copy all less SDND) ' 13Jun03...(Copy all less SDND)
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A 0. A
er,LLLt ' t.ir4
POLYGRAF
Z80000 N
Oaa
Oa
I- TO BE DISSEMINATED OUTSIDE NCIS.
BIOGRAPHICAL EMPLOY SSN: DOB: POB: RESIDENCE: OTHER:
MCB CAMP. PENDLETON, CA race:1111111,sex: male
DATA
• •
• • •
11111111=111111
U.S. NAVAL CRIMY- TAL INVESTIGATIVE SERVIr
TITLE: I/1FSSG CAMP PENDLETON, CA/ALLEGED EXECUTION OF IRAQI PRISONERS OF WAR
CCN: 13JUNO3-SDPE-0125-7XMA
INVESTIGATIVE ACTION: RESULTS OF POLYGRAPH EXAM USMC
On 18Jun03, after executing enclosures (1) and (2), 411111111111111111111111111111.USMC, was administered a polygraph examination in conjunction with this investigation. The following are the relevant questions utilized and responses thereto:
(a) Did you shoot any Iraqi EPW's?....No (b) Did you shoot any Iraqi EPW's while in Iraq?....No
Following chart evaluation, and prior to NCISHQ Quail Control Review, no opinion could be rendered by the examiner. During the post-test interview, id not provide any explanation for the test results.
On the same dateillilikas administered a second polygraph in an attempt to resolve the no opinion results. The following are the relevant questions utilized and his responses thereto:
(c) Did you shoot any Iraqi EPW's?....No (d) Did you shoot any Iraqi EPW's while in Iraq?....No
Followin chart evaluation, and prior to NCISHQ Quality Control Review, in the opinion of the examiner as being truthful when responding to these relevant questions.
ENCLOSURES (1) Military Suspect's Acknowledgernent and Waiver of Rights form4111111111111111.18Jun03 (2) Polygraph Examination Waiver form 18Jun03
Reported By: Office:
olygraph Examiner TSPS MCAS v 111111PI IRAMAR, CA
PAGE 1 OF 1 WARNING
THIS DOCUMENT IS THE PROPERTY OF THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.
CONTENTS MAY BE DISCLOSED ONLY TO PERSONS WHOSE OFFICIAL DUTIES REQUIRE ACCESS HERETO. CONTENTS MAY NOT BE DISCLOSED TO THE PARTY(S) CONCERNED WITHOUT SPECIFIC AUTHORIZATION FROM THE NAVAL CRIMINAL INVESTIGATIVE SERVICE.
DODDON 000083
AUTHORIZED : 06/19/2003 APPROVAL ti : 2003-0330
all1111.11111111110
TESTED : 06/18/2003
VIM
NAVAL CRIMINAL INVESTIGATIVE SERVICE POLYGRAPH EXAMINATION TECHNICAL DATA SHEET
CN: 13JUNO3-0125-7XMA
EXAMINEE: \oe\C)
RANK/TITLE SMC SSN
EXCULPATORY?: N
SUMMARY OF EXAMINATION
Investigation was initiated after Command reported the examinee spontanously admitted to command members that he had been ordered to execute three Iraqi enemy prisoners of war (EPW) while in Iraq. Witness interviews disclosed the following information. While the examinee was consumin alcohol with
C fellow command members he alleged his former U_SMCR, ordered him to execute Iraqi EPW's. According to the examinee when he protested threatened to have him executed also. The examinee explained he shot the Iraqi EPW's and buried their bodies near a pharmaceutical factory in Iraqi. During interrogation the examinee advised he had fabricated the entire incident for purposes of impressing his fellow command members. The examinee agreed to undergo apolygra h examination to confirm the veracity of his denials.
dressing the single issue of shooting Iraqi EPW's was administered. Upon completion, the examiner could not render an opinion. During the post-test interview the examinee did not provide any explanation for the test results.
On the same date, ddressing the same issue, was administered. Upon completion, in the opinion of the examiner no deception was indicated at the relevant questions. allillats terminated prior to completion due to distortions in pneumograph tracings. The examinee was counseled
/99: an
regarding controlled respiration and the in-test process was resumed. Subsequently, allinavas 1
NCIS 5580/23 (2/1999) Page 1 of 2
DODDON 000084 c\
HQ Reviewer Datee __
Examine wer Date
terminated for the same reason. The examinee was counseled again regarding controlled respiration and agreed to comply with instructions. improvement was noted in subsequent tracings.
Page 2 of 2 NCIS 5580/23 (2/1999)
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POLYGRAPH EXAMINATION QUESTION LIST
Subject: Date: 6/18/03
finer ignau
DODDON 000086
id you shoot any Iraqi EPW's while in Iraq?
33 t o3 • S 0 PE • 01.):-c- ymx
NAVAL CRIMINAL INVESTIGATIVE SERVICE.
DELETED PAGE INFORMATION SHEET
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Documents oriainated with other government acrency(ies and direct response to you:
Referred for review
Pages contain information furnished by other governranealtency(kc). We win
advise you of releasability of information following consultation with
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Comments:
DELETED PAGE(S NO DOI !CATION F
- FOR THIS PAGE DODDON 000087
POLYGRAPH EXAMINATION QUESTION LIST
Date: 6/18/03 Subject:
Did you shoot any Iraqi EPW's while in Iraq?
miner Signatur
DODDON 000088 'jj
Comments:
NAVAL CRIMINAL INVESTIGATIVE SERVICE.
DELETED PAGE INFORMATION SHEET
Pace(s) withheld entirely at this location_ Ona-or more of following explain this deletion.
li;t1 Deleted under exemprion(s:
b9C, b)G"
Documents originated with orher government agency(ies)_ Referred for review and direct response to you:
Pages contain information famished by other -goverrimL=nt acIncy(iec). We will advise you of releasa.biliry of information following consultation with agericy(ies).
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FOR THIS PAGE
Witnessed:
POLYGRAPH EXAMINATION WAIVER
Place : NCISRA MCB CAMP PENDLETON, CA Date : June 18, 2003 ' D f Zq —
01111111.11111M have been requested by Special Agent of the Naval Criminal Investigative Service to submit to a polygraph examination relative to my knowledge of and/or participation in:
false official statements and homicide. Oa
With respect to that request, I have been advised that: (a) I have the right to ult with a lawyer prior to making any decision concerning the
examination; (b) the polygraph examination will only be conducted with my prior written consent; (c) no adverse actio • be taken against me solely on the grounds that I refuse to consent to the
(f) the area in which the examination is to be conducted doe contain an audio recording device and the polygraph examination may be monitored. ,
Oith an understanding of the above conditions, I have decided that I do not desire to consult with a lawyer at this time. I freely consent to be examined by polygraph and I agree to cooperate fully with the examiner during the examination. I make these d eely and voluntarily, and they are made with no threats having been made or promises extended to -
Signature
Date/Time : Zaf:33 060 /
DODDON 000090
1. • e".7 ■-• • 0., v.. " IN .0, •
Page 1 of 1
examination; (d) the area in whichamination is to be conducted (does) (contain a two-way minor or
similar device; (e) the ar which the examination is to be conducted (does) ( contain a camera;
NAVAL CRIMINAL INVESTIGATIVE SERVICE
DELETED PAGE INFORMATION SHEET
Patz(s) viirbileld entirely at this location_ One or mora of followinz explain this deletion.
2-\ ► -X4.3
Deleted under exemprion(s)
1=1
Documents origlinard with ocher government acrency(its)_ Referred for rev- ie•:,; and direct response to you
Pages contain information furnished by other governm:Int agency(i&). We w in advise you of releasability of information following consultation with • • agency(ies)
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FOR THIS PAGE