u.s. naval criminal investigative service

16
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 DODDON 000076 WARNING PAGE 1 OF 1

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Page 1: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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

DODDON 000076

WARNING PAGE 1 OF 1

Page 2: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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: .

(

DODDON 000077

Page 1 of 1 NICTC Ccaniln Intunnell

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(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)

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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.

(

(

Page 5: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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,

Page 6: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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)

(

DODDON 000081

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A 0. A

er,LLLt ' t.ir4

POLYGRAF

Z80000 N

Oaa

Oa

I- TO BE DISSEMINATED OUTSIDE NCIS.

Page 8: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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

Page 9: U.S. NAVAL CRIMINAL INVESTIGATIVE SERVICE

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\

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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)

DODDON 000085 flY

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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?

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33 t o3 • S 0 PE • 01.):-c- ymx

NAVAL CRIMINAL INVESTIGATIVE SERVICE.

DELETED PAGE INFORMATION SHEET

pa2e(s) _3;) — 34 withheld entirely at this location One-or more of following_ explain this deletion_

0 Deleted under exemptiords

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

agency(ies).

Comments:

DELETED PAGE(S NO DOI !CATION F

- FOR THIS PAGE DODDON 000087

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POLYGRAPH EXAMINATION QUESTION LIST

Date: 6/18/03 Subject:

Did you shoot any Iraqi EPW's while in Iraq?

miner Signatur

DODDON 000088 'jj

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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).

DODDON 000089

DELETED PAGES NO DPL ?CATION F

FOR THIS PAGE

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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;

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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)

DODDON 000091

DELETED PAGES NO DUPL !CATION

FOR THIS PAGE