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(1) While it may have been understandable to classify me as a MAX detainee initially, I should have been downgraded to Medium Custody-In (MDI) after 27 August 2010. As you noted, my initial evaluation by the duty brig supervisor ('DBS') gave me a score of '5' after reviewing the DD Form 2710, inmate background summary, and completing the DD Form 2711, initial custody classification. A score of '5' was significantly lower than the '12' or higher score normally required for MAX custody. Despite my low score, the DBS overrode the score, and indicated that he considered my previous classification in Kuwait as the primary factor in his decision. |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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WASHINGTON (Army News Service, July 30, 2010) - The Soldier suspected of leaking classified information to the website 'WikiLeaks' arrived last night at a pre-trial confinement facility on Quantico Marine Base, Va., as part of the transfer of court-martial jurisdiction in his case to the U. S. Army Military District of Washington.'
Pfc. Bradley E. Manning had been confined at Camp Arifjan, Kuwait, since May 29 after being suspected of providing WikiLeaks classified video showing a July 2007 Apache helicopter strike in Baghdad. He is now also suspected of being involved in leaking thousands of intelligence reports about the conflict in Afghanistan.
[...]
Maj. Gen. Terry Wolff, the general court-martial convening authority and commanding general of the 1st Armored Division/U.S. Division - Center in Iraq, requested the transfer to MDW due to a potentially lengthy pre-trial confinement because of the complexity of charges and an ongoing investigation. The field confinement facility in Kuwait is designed for short-term confinement.
[...]
Pfc. Bradley E. Manning had been confined at Camp Arifjan, Kuwait, since May 29 after being suspected of providing WikiLeaks classified video showing a July 2007 Apache helicopter strike in Baghdad. He is now also suspected of being involved in leaking thousands of intelligence reports about the conflict in Afghanistan.
[...]
With his transfer to Quantico, Manning is now under the general court-martial convening authority of Maj. Gen. Karl R. Horst, MDW commanding general. Manning will remain in pre-trial confinement as the Army continues its investigation, officials said. |
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Agency(ies): |
Public Affairs, Military District of Washington |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/sRuwG |
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Title: |
Speedy Trial Update |
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Title: |
Army transfers accused intel specialist to MDW |
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Authoring or Creator Agency: |
Public Affairs, Military District of Washington |
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Archive Link |
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Title: |
Elk Grove Native Takes Command In Europe |
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Authoring or Creator Agency: |
CBS Sacramento |
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Notes: |
Major General Terry Wolff, the commanding general of the 1st Armored Division/U.S. Division - Center in Iraq and general court-martial convening authority of Bradley Manning in Iraq. Major General Terry A. Wolff was promoted to Deputy Commanding General and Chief of Staff U.S. Army Europe on February 2, 2011, and promoted to Lieutenant General August 11, 2010 |
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Archive Link |
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Title: |
Nominations Confirmed (Non-Civilian) |
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Authoring or Creator Agency: |
US Senate |
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Notes: |
Major General Terry Wolff, the commanding general of the 1st Armored Division/U.S. Division - Center in Iraq and general court-martial convening authority of Bradley Manning in Iraq. Major General Terry A. Wolff was promoted to Deputy Commanding General and Chief of Staff U.S. Army Europe on February 2, 2011, and promoted to Lieutenant General August 11, 2010 |
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Archive Link |
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Title: |
Army transfers accused intel specialist to MDW |
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Authoring or Creator Agency: |
Public Affairs, Pentagon, Department of Defense |
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Notes: |
Major General Karl R. Horst, former commanding general of MDW, and Bradley Manning's general court-martial convening authority from the time of Manning's transfer at Quantico until July 18, 2011 when Horst became Chief of Staff at United States Central Command (US CENTCOM) |
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Archive Link |
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Title: |
US Central Command Leadership |
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Authoring or Creator Agency: |
United States Central Command, CENTCOM |
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Notes: |
Major General Karl R. Horst, former commanding general of MDW, and Bradley Manning's general court-martial convening authority from the time of Manning's transfer at Quantico until July 18, 2011 when Horst became Chief of Staff at United States Central Command (US CENTCOM) |
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Upon his arrival, he was placed in MAX custody and under suicide risk. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/ALeco |
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On 29 July 2010, I was transferred to the Quantico Brig from Kuwait. Upon my arrival, I was placed in Maximum (MAX) custody and under suicide risk.
[...]
The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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WASHINGTON (Army News Service, July 30, 2010) - The Soldier suspected of leaking classified information to the website 'WikiLeaks' arrived last night at a pre-trial confinement facility on Quantico Marine Base, Va., as part of the transfer of court-martial jurisdiction in his case to the U. S. Army Military District of Washington.
Pfc. Bradley E. Manning had been confined at Camp Arifjan, Kuwait, since May 29 after being suspected of providing WikiLeaks classified video showing a July 2007 Apache helicopter strike in Baghdad. He is now also suspected of being involved in leaking thousands of intelligence reports about the conflict in Afghanistan.
Manning was charged on July 5 with four specifications under Article 92 of the Uniform Code of Military Justice for violating Army Regulation 25-2 (Information Assurance Policy), and eight specifications under Article 134 for violating federal statutes related to the receipt of classified information (18 U.S.C. 793) and wrongful access of a government computer (18 U.S.C. 1030).
With his transfer to Quantico, Manning is now under the general court-martial convening authority of Maj. Gen. Karl R. Horst, MDW commanding general. Manning will remain in pre-trial confinement as the Army continues its investigation, officials said.
Maj. Gen. Terry Wolff, the general court-martial convening authority and commanding general of the 1st Armored Division/U.S. Division - Center in Iraq, requested the transfer to MDW due to a potentially lengthy pre-trial confinement because of the complexity of charges and an ongoing investigation. The field confinement facility in Kuwait is designed for short-term confinement.
The criminal investigation remains open, officials said. They explained that preferral of charges represents an accusation only and that Manning is presumed innocent until and unless proven guilty.
Manning, of Potomac, Md., entered the Army in October 2007 as an intelligence analyst (Military Occupational Specialty 35F). He was assigned to the 2nd Brigade Combat Team, 10th Mountain Division. That unit deployed to Iraq in October and is now in the process of returning back to Fort Drum, N.Y. |
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Agency(ies): |
Public Affairs, Military District of Washington, Department of Defense |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/cayNJ |
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Title: |
Elk Grove Native Takes Command In Europe |
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Authoring or Creator Agency: |
CBS Sacramento |
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Notes: |
Major General Terry Wolff, the commanding general of the 1st Armored Division/U.S. Division - Center in Iraq and general court-martial convening authority of Bradley Manning in Iraq. Major General Terry A. Wolff was promoted to Deputy Commanding General and Chief of Staff U.S. Army Europe on February 2, 2011, and promoted to Lieutenant General August 11, 2010 |
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Archive Link |
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Title: |
Nominations Confirmed (Non-Civilian) |
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Authoring or Creator Agency: |
United States Senate |
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Notes: |
Major General Terry Wolff, the commanding general of the 1st Armored Division/U.S. Division - Center in Iraq and general court-martial convening authority of Bradley Manning in Iraq. Major General Terry A. Wolff was promoted to Deputy Commanding General and Chief of Staff U.S. Army Europe on February 2, 2011, and promoted to Lieutenant General August 11, 2010 |
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Archive Link |
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Title: |
Army transfers accused intel specialist to MDW |
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Authoring or Creator Agency: |
Public Affairs, Military District of Washington |
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Notes: |
Major General Karl R. Horst, former commanding general of MDW, and Bradley Manning's general court-martial convening authority from the time of Manning's transfer at Quantico until July 18, 2011 when Horst became Chief of Staff at United States Central Command (US CENTCOM) |
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Archive Link |
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Title: |
U.S. Central Command Leadership |
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Authoring or Creator Agency: |
United States Central Command (US CENTCOM) |
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Notes: |
Major General Karl R. Horst, former commanding general of MDW, and Bradley Manning's general court-martial convening authority from the time of Manning's transfer at Quantico until July 18, 2011 when Horst became Chief of Staff at United States Central Command (US CENTCOM) |
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Archive Link |
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Title: |
Army transfers accused intel specialist to MDW |
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Authoring or Creator Agency: |
Public Affairs, Military District of Washington |
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Archive Link |
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On August 6, 2010, the forensic psychiatrist for the Brig [CAPT. WILLIAM HOCTER] recommended that he be moved from suicide risk to POI watch. That recommendation was followed and PFC Manning was moved to POI watch. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/hsOID |
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On 6 August 2010, Capt. William Hocter, the forensic psychiatrist for the Brig, recommended that I be removed from suicide risk to Preventions of Injury (POI) watch. CWO4 Averhart [FORMER COMMANDER OF THE QUANTICO BRIG] followed that recommendation and I was moved to POI watch.
[...]
5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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Due to his improvement and adjustment to confinement, on August 27, 2010, the Brig's forensic psychiatrist [CAPT. HOCTER] recommended that PFC Manning be taken off of POI watch and that his confinement classification be changed from MAX to Medium Custody In (MDI).
[...]
5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/3wb5Y |
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Due to my improvement and adjustment to confinement, Capt. Hocter recommended on 27 August 2010 that I be taken off of POI watch and that my confinement classification be changed from MAX to Medium Custody In (MDI)...Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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2010-09-30 |
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Over the course of the following three months, two separate forensic psychiatrists consistently stated that there was no medical reason for PFC Manning to be under POI watch. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/7GP8K |
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Due to my improvement and adjustment to confinement, Capt. Hocter recommended on 27 August 2010 that I be taken off of POI watch and that my confinement classification be changed from MAX to Medium Custody In (MDI)...Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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2010-10-31 |
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Over the course of the following three months, two separate forensic psychiatrists consistently stated that there was no medical reason for PFC Manning to be under POI watch. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/7GP8K |
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Due to my improvement and adjustment to confinement, Capt. Hocter recommended on 27 August 2010 that I be taken off of POI watch and that my confinement classification be changed from MAX to Medium Custody In (MDI)...Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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2010-11-30 |
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Over the course of the following three months, two separate forensic psychiatrists consistently stated that there was no medical reason for PFC Manning to be under POI watch. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/7GP8K |
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Due to my improvement and adjustment to confinement, Capt. Hocter recommended on 27 August 2010 that I be taken off of POI watch and that my confinement classification be changed from MAX to Medium Custody In (MDI)...Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Name(s:) |
Bradley Manning |
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Url: |
Url Link
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xxvii) 14 December 2010 Entry: 'SND was evaluated by the Brig Psychiatrist on 10 December 2010 and recommended to remain on POI. (The Brig noted that this was the first time since 27 August 2010 that Capt Hocter recommended PFC Manning remain on POI. His main criteria was that it seemed PFC Manning was not doing well). SND has not presented any problems since his last review and has been an overall average detainee.' |
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Name(s:) |
Unidentified |
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Agency(ies): |
Marine Corps Base Quantico Brig |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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The only exception to this was on December 10, 2010 when it was recommended that PFC Manning remain under POI watch for one week. The following week, the forensic psychiatrist once again recommended that PFC Manning be removed from POI watch. Despite these consistent recommendations, PFC Manning has remained on POI watch and in MAX custody. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/3dQji |
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Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times. |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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xxvii) 14 December 2010 Entry: 'SND was evaluated by the Brig Psychiatrist on 10 December 2010 and recommended to remain on POI. (The Brig noted that this was the first time since 27 August 2010 that Capt Hocter recommended PFC Manning remain on POI. His main criteria was that it seemed PFC Manning was not doing well). SND has not presented any problems since his last review and has been an overall average detainee' |
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Name(s:) |
Unidentified |
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Agency(ies): |
Marine Corps Base Quantico Brig |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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The only exception to this was on December 10, 2010 when it was recommended that PFC Manning remain under POI watch for one week. The following week, the forensic psychiatrist once again recommended that PFC Manning be removed from POI watch. Despite these consistent recommendations, PFC Manning has remained on POI watch and in MAX custody. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/3dQji |
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Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times. |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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xxx) 29 December 2010 Entry: 'SND did not receive any disciplinary reports or adverse spot evaluations and received an average work and training report.' The entry also stated, 'SND was evaluated by Capt Hocter on 23 December 2010, and although further mental evaluation was deemed necessary, SND was recommended to be removed from POI classification from a psychiatric standpoint.' |
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Name(s:) |
Unidentified |
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Agency(ies): |
Marine Corps Base Quantico Brig |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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The only exception to this was on December 10, 2010 when it was recommended that PFC Manning remain under POI watch for one week. The following week, the forensic psychiatrist once again recommended that PFC Manning be removed from POI watch. Despite these consistent recommendations, PFC Manning has remained on POI watch and in MAX custody. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/3dQji |
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Over the course of the following three months, Capt. Hocter and the Brig forensic psychiatrist, COL Ricky Malone, consistently recommended to CWO4 Averhart that I be taken off POI watch. The only exception to this was on 10 December 2010 when Capt. Hocter recommended that I remain under POI watch for one week. The following week, he once again recommended to CWO4 Averhart that I be removed from POI watch. Despite Capt. Hocter and COL Malone's consistent recommendations, I remained on POI watch and in MAX custody.
[...]
The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times. |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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[D]efense filed a formal complaint with the [FORMER] commander of the Quantico Brig [CWO4 JAMES AVERHART]. On the same day, PFC Manning also filed a formal complaint through the confinement grievance process. Both complaints requested that the confinement facility remove PFC Manning from Prevention of Injury (POI) watch and that his classification level be reduced from 'Maximum' to 'Medium Detention In.' The confinement facility did not respond to either complaint. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/CY3Le |
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My defense counsel, Mr. David Coombs (a reserve Lieutenant Colonel in the Army) and I have raised our objection to these confinement conditions on multiple occasions. On 5 January 2011, my attorney filed a formal complaint with CWO4 Averhart. On the same day, I also filed a formal complaint through the confinement grievance process. Both complaint requested that I be removed from POI watch and that my classification level be reduced from MAX to MDI. CWO4 Averhart did not respond to either complaint as required by SECNAVINST 1649.9c PP 8301 (21) |
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Bradley Manning |
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[D]efense recently received reliable reports of a private meeting held on 13 January 2011, involving high-level Quantico officials where it was ordered that PFC Manning would remain in maximum custody and under prevention of injury watch indefinitely. The order to keep PFC Manning under these unduly harsh conditions was issued by a senior Quantico official who stated he would not risk anything happening 'on his watch.' When challenged by a Brig psychiatrist present at the meeting that there was no mental health justification for the decision, the senior Quantico official issuing the order responded, 'We will do whatever we want to do.' |
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David Coombs |
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civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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46.) He will testify that during a meeting early in January of 2011, the Security Battalion Commander in charge of the Quantico Brig. XXXXXXXXXXXXXXXXXXXX, clearly stated to the Brig Staff that, 'I will not have anything happen to Manning on my watch... So, nothing is going to change...He won't be able to hurt himself and he won't be able to get away, and our way of making sure of that is that he will remain on Maximum Custody and POI indefinitely.' He will testify that one of the other Brig psychiatrists, XXXXXXXXXXXXXXXXXXXX then said, 'You know Sir, I am concerned because if you are going to do that, maybe you want to call it something else because it is not based upon anything from behavioral health.' In response, XXXXXXXXXXXXXXXXXXXX will testify that XXXXXXXXXXXXXXXXXX said, 'We will do whatever we want to do. You make a recommendation and then I have to make a decision based upon everything else.' XXXXXXXXXXXXXXXXXXXX will testify that XXXXXXXXXXXXXXXXXXXX then said 'Well then don't say it is based upon mental health. You can say Maximum Custody, and just don't put that we are somehow involved in this.' XXXXXXXXXXXXXXXXXXXX replied, 'Well, that is what we are going to do.' XXXXXXXXXXXXXXXXXXXX will testify that he spoke with others at the Brig to see if they knew why the Brig was so heavy handed on PFC Manning. He will testify that the others at the Brig told him that they have never seen anything like this before. XXXXXXXXXXXXXXXXXXXX will testify that others told him that they were afraid to speak out about the situation given the concern of what would happen as a result of any complaint about PFC Manning's treatment.
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47.) XXXXXXXXXX [WHO IS THIS?] He will testify that neither the Quantico Brig Commander, XXXXXXXXXX, nor the Security Battalion Commander, XXXXXXXXXX gave him any reason for maintaining the Prevention of Injury precautions other than stating it was for PFC Manning's safety. He will testify that XXXXXXXXXX intimated that he was receiving instruction from a higher authority on the matter but did not say who was providing this direction. XXXXXXXXXX will testify that he knew that the higher base authorities had frequent (sometimes weekly) meetings to discuss PFC Manning. XXXXXXXXXX will testify that he gave weekly status reports stating that he felt the POI precautions were unnecessary. XXXXXXXXXX will testify that he recalls a meeting with XXXXXXXXXX where he stated that PFC Manning would remain in his current status Maximum Custody and POI unless and until he received instructions from higher authority to the contrary. XXXXXXXXXX cannot recall XXXXXXXXXX exact word, but he does recall that XXXXXXXXXX made it clear that nothing would change with PFC Manning regardless of his behavior of the recommendations of behavioral health.' |
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David Coombs |
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civilian defense counsel |
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4.) On 18 January 2011, over the recommendation of Capt. Hocter and the defense psychiatrist, Capt. Brian Moore, CWO4 Averhart placed me under suicide risk. The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times. |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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(1) On 18 January 2011, over the recommendation of Capt. Hocter and the defense forensic psychiatrist, Capt. Moore, CWO4 Averhart placed me under Suicide Risk. The Suicide Risk assignment resulted in me being required to remain in my cell for 24 hours a day. I was stripped of all clothing with the exception of my underwear. My prescription eyeglasses were taken away from me and I was forced to sit in essential blindness.
(2) The basis for the above treatment was due to my alleged erratic behavior on 18 January 2011. On that date, I was pulled out of my cell for my one hour of recreation call. When the guards came to my cell I noticed a change in their usual demeanor. Instead of being calm and respectful, they seemed agitated and confrontational. Also, instead of the usual two to three guards, there were four guards. Almost immediately, the guards started harassing me. The first guard told me to 'turn left.' When I complied, the second guard yelled 'dont turn left.' When I attempted to comply with the demands of the second guard, I was told by the first, 'I said turn left.' I responded 'yes, Corporal' to the first guard. At this point, the third guard chimed in by telling me that 'in the Marines we reply with 'aye' and not 'yes.' He then asked me if I understood. I made the mistake of replying 'yes, Sergeant.' At this point the forth guard yelled, 'you mean 'aye,' Sergeant.'
(3) The harassment by the guards continued as I was escorted to my one hour of recreation. When I arrived at the recreation room, I was told to stand still so they could remove my leg restraints. As I stood still, one of the guards yelled 'I told you to stand still.' I replied 'yes Corporal, I am standing still.' Another guard then said, 'you mean 'aye' Corporal.' Next, the same guard said 'I thought we covered this, you say 'aye' and not 'yes,' do you understand?' I responded 'aye Sergeant.' Right after I replied, I was once again yelled at to 'stand still.' Due to being yelled at and the intensity of the guards, I mistakenly replied, 'yes Corporal, I am standing still.' As soon as I said this, I attempted to correct myself by saying 'aye' instead of 'yes,' but it was too late. One of the guards starting yelling at me again, 'what dont you understand' and 'are we going to have a problem?'
(4) Once the leg restraints were taken off of me, I took a step back from the guards. My heart was pounding in my chest, and I could feel myself getting dizzy. I sat down to avoid falling. When I did this, the guards took a step towards me. I instinctively backed away from them. As soon as I backed away, I could tell by their faces that they were getting ready to restrain me. I immediately put my hands up in the air, and said 'I am not doing anything, I am just trying to follow your orders.' The guards then told me to start walking. I complied with their order by saying 'eye' instead of 'yes.'
(5) I was allowed to complete my hour of recreation. During the hour, the guards did not harass me further. The guards also did not harass me when I was escorted back to my cell. Only later did I learn that there had been a protest outside the gates of Quantico the previous day. (See http://www.youtube.com/watch?v=x4eNzokgRIw).
The rally was intended to bring attention to the conditions of my confinement. It is my belief that my treatment on 18 January 2010 by the guards and later by the PCF Commander was related to this protest and my earlier complaints.
(6) After being returned to my cell, I started to read a book. About 30 minutes later, the PCF Commander, CWO4 James Averhart, came to my cell. He asked me what had happened during my recreation call. As I tried to explain to him what had occurred, CWO4 Averhart stopped me and said 'I am the commander' and that 'no one could tell him what to do.' He also said that he was, for all practical purposes, 'God.' I responded by saying 'you still have to follow Brig procedures.' I also said 'everyone has a boss that they have to answer to.' As soon as I said this, CWO4 Averhart ordered that I be placed in Suicide Risk Status.
(7) Admittedly, once I heard that I would be placed under Suicide Risk, I became upset. Out of frustration, I placed my hands to my head and clenched my hair with my fingers. I did yell 'why are you doing this to me?' I also yelled 'why am I being punished?' and 'I have done nothing wrong.' I then asked CWO4 Averhart 'what have I done to deserve this type of treatment?'
(8) CWO4 Averhart did not answer any of my questions. He instructed the guards to enter my cell and take all my clothing. At first I tried to reason with CWO4 Averhart by telling him that I had been a model detainee and by asking him to just tell me what he wanted me to do and that I would do it. However, I gave up trying to reason with him once the guards entered my cell and ordered me to strip. Instead, I lowered my head and starting taking off my clothes.
(9) CWO4 Averhart placed me on Suicide Risk, over the recommendation of Capt. Hocter and the defense forensic psychiatrist, Capt. Moore. His decision was also in violation of Secretary of Navy Instruction ('SECNAVINST') 1649.9C Paragraph 4205.5d. As a result of being placed on Suicide Risk, I was confined to my cell for 24 hours a day. I was also stripped of all clothing with the exception of my underwear. Additionally, my prescription eyeglasses were taken away from me. Due to not having my glasses, I was forced to sit in essential blindness during the day. I remained on Suicide Risk until 21 January 2010. The determination to place me on Suicide Risk was without justification and therefore constitutes unlawful pretrial punishment.
c. That the decision to strip me of all my clothing at night since 2 March 2011 was and continues to be improper.
(1) On March 2, I was informed of your decision regarding my Article 138 complaint. Understandably frustrated by this decision after enduring over seven months of unduly harsh confinement conditions, I asked the Brig Operations Officer, MSG Papakie, what I needed to do in order to be downgraded from Maximum Custody and POI Status. MSG Papakie responded by telling me that there was nothing I could do to downgrade my detainee status and that the Brig simply considered me a risk of self-harm. Out of frustration, I responded that the POI restrictions were absurd and sarcastically told him if I really wanted to harm myself, that I could conceivably do so with the elastic waistband of my underwear or with my flip-flops.
(2) Later that same day, I was approached by GYSGT Blenis. He asked me what I had done wrong. I told him that I did not know what he was talking about. He said that I would be stripped naked at night due to something that I had said to MSG [MARINES SECURITY GUARD] Papakie. Shocked, I told him that I hadn't said anything. I told GYSGT Blenis that I just pointed out the absurdity of my current confinement conditions.
(3) Without consulting any Brig mental health provider, Chief Warrant Officer Denise Barnes used my sarcastic comment as justification to increase the restrictions imposed upon me under the guise of being concerned that I was a suicide risk. I was not, however, placed under the designation of Suicide Risk. This is because Suicide Risk would have required a Brig mental health provider's recommendation in order for the added restrictions to continue. While the PCF Commander needed the Brig Psychiatrist's recommendation to keep me under Suicide Risk, no such recommendation was needed in order to increase my restrictions under POI Status. The conditions of POI Status require only psychiatric input, but ultimately remain the decision of the PCF Commander .
(4) In response to this specific incident, the Brig Psychiatrist [WHO IS THIS?] met with me. After speaking to me, he assessed me as a 'low risk and requiring only routine outpatient follow-up [with] no need for ... closer clinical observation.' In particular, he indicated that my statement about the waist band of my underwear was in no way prompted by 'a psychiatric condition.'
(5) Since 2 March 2011, I have been stripped of all my clothing at night. I have been told that the PCF Commander intends on contin |
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Name(s:) |
Bradley Manning |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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To its credit, the Army Staff Judge Advocate's Office worked through the military channels at the request of the defense to ensure that the Quantico Brig conducted a timely review of the necessity for the suicide risk restrictions. Based upon this review, CWO4 Averhart removed the suicide risk restrictions at 3:21 p.m. yesterday and placed PFC Manning back into POI watch. |
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Name(s:) |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
United States v. Pfc. Bradley Manning, Unlawful Pretrial Confinement, Article 13 |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/ecnCK |
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The suicide risk means that I sit in my cell for 24 hours a day. I am stripped of all clothing with the exception of my underwear. My prescription eyeglasses are taken away from me. I am forced to sit in essential blindness with the exception of the times that I am reading or given limited television privileges. During those times, my glasses are returned to me. Additionally, there is a guard sitting outside my cell watching me at all times.
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5.) Life was not much better for me under the previous confinement assignment of POI watch. Like suicide risk, I was held in solitary confinement. For 23 hours per day, I sat in my cell. The guards checked on me every five minutes by asking me if I was okay. I was required to respond in some affirmative manner. At night, if the guard could not see me clearly, because I had a blanket over my head or i was curled up towards the wall, they would wake me in order to ensure that I was okay. I received each of my meals in my cell. I was not allowed to have a pillow or sheets. I was not allowed to have any personal items in my cell. I was only allowed to have one book or magazine at any given time to read. The book or magazine was taken away from me at the end of the day before I went to sleep. I was prevented from exercising in me [sic] cell daily. The guards would take me to an empty room and allow me to walk. I usually walked in figure eights around the room. When I went to sleep, I was required to strip down to my underwear and surrender my clothing to the guards. my clothing was returned to me the next morning. |
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Bradley Manning |
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