[Vision2020] 05-14-04 NY Times: Accused Soldier Paints Scene of Eager Mayhem at Iraqi Prison

Art Deco aka W. Fox deco@moscow.com
Fri, 14 May 2004 07:29:09 -0700


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      May 14, 2004
      THE WHISTLE-BLOWER
      Accused Soldier Paints Scene of Eager Mayhem at Iraqi Prison
      By KATE ZERNIKE

      hen a fresh crop of detainees arrived at Abu Ghraib prison one night in
late October, their jailers set upon them.

      The soldiers pulled seven Iraqi detainees from their cells, "tossed them
in the middle of the floor" and then one soldier ran across the room and lunged
into the pile of detainees, according to sworn statements given to investigators
by one of the soldiers now charged with abuse. He did it again, jumping into the
group like it was a pile of autumn leaves, and another soldier called for others
to join in. The detainees were ordered to strip and masturbate, their heads
covered with plastic sandbags. One soldier stomped on their fingers and toes.

      "Graner put the detainee's head into a cradle position with Graner's arm,
and Graner punched the detainee with a lot of force, in the temple," Specialist
Jeremy C. Sivits said in his statements to investigators, referring to another
soldier charged, Specialist Charles A. Graner Jr. "Graner punched the detainee
with a closed fist so hard in the temple that it knocked the detainee
unconscious."

      "He was joking, laughing," Specialist Sivits said. "Like he was enjoying
it."

      "He went over to the pile of detainees that were still clothed and he put
his knees on them and had his picture taken," Specialist Sivits said. "I took
this photo."

      Specialist Sivits's two statements, given to investigators in January and
released by a lawyer for another soldier on Thursday, recount the evening's
activities in graphic but unemotional language, portraying a night of gratuitous
and random violence. Lawyers for the soldiers have explained the abuse captured
in hundreds of photographs now at the center of the Abu Ghraib scandal by saying
the soldiers were operating on the orders of military intelligence in an effort
to get detainees to talk.

      Last night, lawyers for the other charged soldiers repeated that. They
said that in a bid for leniency, Specialist Sivits, 24, the first to be
court-martialed, is expected to plead guilty on Wednesday and testify against
the others.

      But Specialist Sivits described a scene of twisted joviality not
authorized by anyone in the chain of command and with no connection to any
interrogations.

      "She was laughing at the different stuff they were having the detainees
do," Specialist Sivits said, describing Pfc. Lynndie R. England, another soldier
charged.

      The soldiers knew that what they had done was wrong, Specialist Sivits
told investigators, at least enough to instruct him not to tell anyone what he
had seen. Specialist Sivits was asked if the abuse would have happened if
someone in the chain of command was present. "Hell no," he replied, adding:
"Because our command would have slammed us. They believe in doing the right
thing. If they saw what was going on, there would be hell to pay."

      The evening began with Staff Sgt. Ivan L. Frederick II casually telling
Specialist Sivits to join him where the detainees were held. They escorted the
detainees from their holding cells and piled them up. "Graner told Specialist
Wisdom to come in and `get him some.' Meaning to come in and be part of whatever
was going to happen," Specialist Sivits told investigators, referring to
Specialist Matthew Wisdom.

      "A couple of the detainees kind of made an ahh sound as if this hurt them
or caused them some type of pain when Davis would land on them," he said.
Sergeant Javal C. Davis responded by stepping on their fingers or toes,
Specialist Sivits said, and the detainees screamed.

      The platoon sergeant standing on a tier above the room heard the screams
and yelled down at Sergeant Davis to stop, surprising the other soldiers with
the anger in his command, Specialist Sivits said. But within two minutes, the
platoon sergeant left, and the soldiers resumed the abuse.

      "Next Graner and Frederick had the detainees strip," Specialist Sivits
said. "Graner was the one who told them to strip in Arabic language." The
detainees hesitated. Specialist Graner and Sergeant Frederick took them aside
and instructed them again. Specialist Graner told them to sit.

      "I do not know what provoked Graner," Specialist Sivits said, "but Graner
knelt down to one of the detainees that was nude and had the sandbag over his
head" and punched the detainee unconscious.

      "I walked over to see if the detainee was still alive," Specialist Sivits
said. "I could tell the detainee was unconscious, because his eyes were closed
and he was not moving, but I could see his chest rise and fall, so I knew he was
still alive."

      Specialist Graner said little. He had wounded his hand. "Damn, that hurt,"
Specialist Sivits quoted him as saying. After about two minutes, Specialist
Sivits said, the detainee moved, "like he was coming to." Specialist Graner
walked over to pose with the pile of detainees.

      Sergeant Frederick was standing in front of another detainee. "For no
reason, Frederick punched the detainee in the chest," Specialist Sivits said.
"The detainee took a real deep breath and kind of squatted down. The detainee
said he could not breathe. They called for a medic to come down, to try and get
the detainee to breathe right. Frederick said he thought he put the detainee in
cardiac arrest."

      Specialist Graner, meanwhile, was having the other detainees make a tower,
all of them in a kneeling position like a formation of cheerleaders.

      "Frederick and Graner then tried to get several of the inmates to
masturbate themselves," Specialist Sivits recounted.

      "Staff Sergeant Frederick would take the hand of the detainee and put it
on the detainee's penis, and make the detainee's hand go back and forth, as if
masturbating. He did this to about three of the detainees before one of them did
it right."

      After five minutes, they told him to stop. Specialist Graner then had them
pose against the wall, and made one kneel in front of the other, Specialist
Sivits said, "So that from behind the detainee that was kneeling, it would look
like the detainee kneeling had the penis of the detainee standing in his mouth,
but he did not.`

      Specialist Sabrina Harman and Private England "would stand in front of the
detainees and England and Harman would put their thumbs up and have the pictures
taken."

      Asked why the event took place, Specialist Sivits replied: "I do not know.
I do not know if someone had a bad day or not. It was a normal day for me, aside
from the stuff I told you about."

      Asked to describe Sergeant Frederick's attitude, he replied, "Same as
ever, mellow." Specialist Harman, he said, looked somewhat disgusted, but
laughed, too, and so did Specialist Sivits, in his own account.

      "What part did you think then was funny?" investigators asked. He replied,
"The tower thing."

      The evening was not an isolated case of violence, Specialist Sivits said.
He described another night when a dog was set upon a detainee, and another when
a detainee was handcuffed to a bed.

      "Graner was in the room with him," he said. "This detainee had wounds on
his legs from where he had been shot with the buckshot." Specialist Graner, he
said, would "strike the detainee with a half baseball swing, and hit the wounds
of the detainee. There is no doubt that this hurt the detainee because he would
scream he got hit. The detainee would beg Graner to stop by saying `Mister,
Mister, please stop,' or words to that effect."

      "I think at one time Graner said in a baby type voice, `Ah, does that
hurt?' " Specialist Sivits added.

      Guy L. Womack, a lawyer for Specialist Graner, said he had not seen the
statement from Specialist Sivits but doubted that his client would have hit a
detainee.

      "I don't think he was that kind of guy," Mr. Womack said. "He would have
done it if he was ordered to do it." He said that military intelligence soldiers
were in one of the graphic photographs, indicating that they were aware of what
was going on.

      "Sivits, as you know, has entered a plea agreement with the government,
getting lenient treatment for testifying against other people," Mr. Womack said,
"and by definition if he doesn't say something negative about other people he
would not get this deal."

      Similarly, a lawyer for Sergeant Frederick dismissed the statement.
"Sivits is a rollover guilty plea, and that may provide comfort to some," said
the lawyer, Gary Myers. "But it has no impact upon the defense of any other case
because it has nothing whatsoever to do with the guilt or innocence of my
client."

      Specialist Sivits's lawyer has not responded to requests for comments.

      As for Specialist Sivits, investigators asked him in his statements
whether he thought any of the incidents were wrong. "All of them were," he
replied.

      Why did he not report the incidents? He replied: "I was asked not to, and
I try to be friends with everyone. I see now where trying to be friends with
everyone can cost you."

      "I was in the wrong when the above incidents happened," he said. "I should
have said something."


      Michael Moss and James Risen contributed reporting for this article.



      Copyright 2004 The New York Times Company | Home | Privacy Policy | Search
| Corrections | Help | Back to Top

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      <H5>May 14, 2004</H5><NYT_KICKER><FONT color=3D#666666 =
size=3D-1><STRONG>THE=20
      WHISTLE-BLOWER</STRONG></FONT> </NYT_KICKER><NYT_HEADLINE =
version=3D"1.0"=20
      type=3D" ">
      <H2>Accused Soldier Paints Scene of Eager Mayhem at Iraqi=20
      Prison</H2></NYT_HEADLINE><NYT_BYLINE version=3D"1.0" type=3D" =
"><FONT=20
      size=3D-1><STRONG>By KATE ZERNIKE</STRONG></FONT><BR></NYT_BYLINE>
      <TABLE cellSpacing=3D0 cellPadding=3D0 align=3Dright border=3D0>
        <TBODY>
        <TR>
          <TD></TD></TR></TBODY></TABLE><NYT_TEXT>
      <P><IMG height=3D33 alt=3DW=20
      src=3D"http://graphics7.nytimes.com/images/dropcap/w.gif" =
width=3D46=20
      align=3Dleft border=3D0>hen a fresh crop of detainees arrived at =
Abu Ghraib=20
      prison one night in late October, their jailers set upon them.</P>
      <P>The soldiers pulled seven Iraqi detainees from their cells, =
"tossed=20
      them in the middle of the floor" and then one soldier ran across =
the room=20
      and lunged into the pile of detainees, according to sworn =
statements given=20
      to investigators by one of the soldiers now charged with abuse. He =
did it=20
      again, jumping into the group like it was a pile of autumn leaves, =
and=20
      another soldier called for others to join in. The detainees were =
ordered=20
      to strip and masturbate, their heads covered with plastic =
sandbags. One=20
      soldier stomped on their fingers and toes.</P>
      <P>"Graner put the detainee's head into a cradle position with =
Graner's=20
      arm, and Graner punched the detainee with a lot of force, in the =
temple,"=20
      Specialist Jeremy C. Sivits said in his statements to =
investigators,=20
      referring to another soldier charged, Specialist Charles A. Graner =
Jr.=20
      "Graner punched the detainee with a closed fist so hard in the =
temple that=20
      it knocked the detainee unconscious."</P>
      <P>"He was joking, laughing," Specialist Sivits said. "Like he was =

      enjoying it." </P>
      <P>"He went over to the pile of detainees that were still clothed =
and he=20
      put his knees on them and had his picture taken," Specialist =
Sivits said.=20
      "I took this photo."</P>
      <P>Specialist Sivits's two statements, given to investigators in =
January=20
      and released by a lawyer for another soldier on Thursday, recount =
the=20
      evening's activities in graphic but unemotional language, =
portraying a=20
      night of gratuitous and random violence. Lawyers for the soldiers =
have=20
      explained the abuse captured in hundreds of photographs now at the =
center=20
      of the Abu Ghraib scandal by saying the soldiers were operating on =
the=20
      orders of military intelligence in an effort to get detainees to =
talk.=20
</P>
      <P>Last night, lawyers for the other charged soldiers repeated =
that. They=20
      said that in a bid for leniency, Specialist Sivits, 24, the first =
to be=20
      court-martialed, is expected to plead guilty on Wednesday and =
testify=20
      against the others. </P>
      <P>But Specialist Sivits described a scene of twisted joviality =
not=20
      authorized by anyone in the chain of command and with no =
connection to any=20
      interrogations. </P>
      <P>"She was laughing at the different stuff they were having the =
detainees=20
      do," Specialist Sivits said, describing Pfc. Lynndie R. England, =
another=20
      soldier charged. </P>
      <P>The soldiers knew that what they had done was wrong, Specialist =
Sivits=20
      told investigators, at least enough to instruct him not to tell =
anyone=20
      what he had seen. Specialist Sivits was asked if the abuse would =
have=20
      happened if someone in the chain of command was present. "Hell =
no," he=20
      replied, adding: "Because our command would have slammed us. They =
believe=20
      in doing the right thing. If they saw what was going on, there =
would be=20
      hell to pay."</P>
      <P>The evening began with Staff Sgt. Ivan L. Frederick II casually =
telling=20
      Specialist Sivits to join him where the detainees were held. They =
escorted=20
      the detainees from their holding cells and piled them up. "Graner =
told=20
      Specialist Wisdom to come in and `get him some.' Meaning to come =
in and be=20
      part of whatever was going to happen," Specialist Sivits told=20
      investigators, referring to Specialist Matthew Wisdom. </P>
      <P>"A couple of the detainees kind of made an ahh sound as if this =
hurt=20
      them or caused them some type of pain when Davis would land on =
them," he=20
      said. Sergeant Javal C. Davis responded by stepping on their =
fingers or=20
      toes, Specialist Sivits said, and the detainees screamed. </P>
      <P>The platoon sergeant standing on a tier above the room heard =
the=20
      screams and yelled down at Sergeant Davis to stop, surprising the =
other=20
      soldiers with the anger in his command, Specialist Sivits said. =
But within=20
      two minutes, the platoon sergeant left, and the soldiers resumed =
the=20
      abuse.</P>
      <P>"Next Graner and Frederick had the detainees strip," Specialist =
Sivits=20
      said. "Graner was the one who told them to strip in Arabic =
language." The=20
      detainees hesitated. Specialist Graner and Sergeant Frederick took =
them=20
      aside and instructed them again. Specialist Graner told them to =
sit. </P>
      <P>"I do not know what provoked Graner," Specialist Sivits said, =
"but=20
      Graner knelt down to one of the detainees that was nude and had =
the=20
      sandbag over his head" and punched the detainee unconscious. </P>
      <P>"I walked over to see if the detainee was still alive," =
Specialist=20
      Sivits said. "I could tell the detainee was unconscious, because =
his eyes=20
      were closed and he was not moving, but I could see his chest rise =
and=20
      fall, so I knew he was still alive."</P>
      <P>Specialist Graner said little. He had wounded his hand. "Damn, =
that=20
      hurt," Specialist Sivits quoted him as saying. After about two =
minutes,=20
      Specialist Sivits said, the detainee moved, "like he was coming =
to."=20
      Specialist Graner walked over to pose with the pile of detainees. =
</P>
      <P>Sergeant Frederick was standing in front of another detainee. =
"For no=20
      reason, Frederick punched the detainee in the chest," Specialist =
Sivits=20
      said. "The detainee took a real deep breath and kind of squatted =
down. The=20
      detainee said he could not breathe. They called for a medic to =
come down,=20
      to try and get the detainee to breathe right. Frederick said he =
thought he=20
      put the detainee in cardiac arrest."</P>
      <P>Specialist Graner, meanwhile, was having the other detainees =
make a=20
      tower, all of them in a kneeling position like a formation of=20
      cheerleaders.</P>
      <P>"Frederick and Graner then tried to get several of the inmates =
to=20
      masturbate themselves," Specialist Sivits recounted.</P>
      <P>"Staff Sergeant Frederick would take the hand of the detainee =
and put=20
      it on the detainee's penis, and make the detainee's hand go back =
and=20
      forth, as if masturbating. He did this to about three of the =
detainees=20
      before one of them did it right."</P>
      <P>After five minutes, they told him to stop. Specialist Graner =
then had=20
      them pose against the wall, and made one kneel in front of the =
other,=20
      Specialist Sivits said, "So that from behind the detainee that was =

      kneeling, it would look like the detainee kneeling had the penis =
of the=20
      detainee standing in his mouth, but he did not.`</P>
      <P>Specialist Sabrina Harman and Private England "would stand in =
front of=20
      the detainees and England and Harman would put their thumbs up and =
have=20
      the pictures taken."</P>
      <P>Asked why the event took place, Specialist Sivits replied: "I =
do not=20
      know. I do not know if someone had a bad day or not. It was a =
normal day=20
      for me, aside from the stuff I told you about."</P>
      <P>Asked to describe Sergeant Frederick's attitude, he replied, =
"Same as=20
      ever, mellow." Specialist Harman, he said, looked somewhat =
disgusted, but=20
      laughed, too, and so did Specialist Sivits, in his own account. =
</P>
      <P>"What part did you think then was funny?" investigators asked. =
He=20
      replied, "The tower thing."</P>
      <P>The evening was not an isolated case of violence, Specialist =
Sivits=20
      said. He described another night when a dog was set upon a =
detainee, and=20
      another when a detainee was handcuffed to a bed.</P>
      <P>"Graner was in the room with him," he said. "This detainee had =
wounds=20
      on his legs from where he had been shot with the buckshot." =
Specialist=20
      Graner, he said, would "strike the detainee with a half baseball =
swing,=20
      and hit the wounds of the detainee. There is no doubt that this =
hurt the=20
      detainee because he would scream he got hit. The detainee would =
beg Graner=20
      to stop by saying `Mister, Mister, please stop,' or words to that=20
      effect."</P>
      <P>"I think at one time Graner said in a baby type voice, `Ah, =
does that=20
      hurt?' " Specialist Sivits added. </P>
      <P>Guy L. Womack, a lawyer for Specialist Graner, said he had not =
seen the=20
      statement from Specialist Sivits but doubted that his client would =
have=20
      hit a detainee.</P>
      <P>"I don't think he was that kind of guy," Mr. Womack said. "He =
would=20
      have done it if he was ordered to do it." He said that military=20
      intelligence soldiers were in one of the graphic photographs, =
indicating=20
      that they were aware of what was going on.</P>
      <P>"Sivits, as you know, has entered a plea agreement with the =
government,=20
      getting lenient treatment for testifying against other people," =
Mr. Womack=20
      said, "and by definition if he doesn't say something negative =
about other=20
      people he would not get this deal."</P>
      <P>Similarly, a lawyer for Sergeant Frederick dismissed the =
statement.=20
      "Sivits is a rollover guilty plea, and that may provide comfort to =
some,"=20
      said the lawyer, Gary Myers. "But it has no impact upon the =
defense of any=20
      other case because it has nothing whatsoever to do with the guilt =
or=20
      innocence of my client."</P>
      <P>Specialist Sivits's lawyer has not responded to requests for=20
      comments.</P>
      <P>As for Specialist Sivits, investigators asked him in his =
statements=20
      whether he thought any of the incidents were wrong. "All of them =
were," he=20
      replied. </P>
      <P>Why did he not report the incidents? He replied: "I was asked =
not to,=20
      and I try to be friends with everyone. I see now where trying to =
be=20
      friends with everyone can cost you."</P>
      <P>"I was in the wrong when the above incidents happened," he =
said. "I=20
      should have said something."</P><!--author id start -->
      <P></P>
      <P><EM>Michael Moss and James Risen contributed reporting for this =

      article.</EM></P></NYT_TEXT><BR>
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