Mr. Puckett, I know you are busy and don't expect a response. Here's
an update of sorts I sent to LTC Masten. Don't know if it really
does much, but it'll let you know what is going on in my life right
now at the very least. Hope the case is going well.
Respectfully,
Roger
Ma'am,
Couple of things, none of which are probably all that important.
Maybe you can help me with some advice, especially regarding the
property thing and SGT Chasi's situation below.
1. My property is being signed over to various people as we speak.
Neither myself, my XO or 1SG are there to over see the transfer.
This worries me for obvious reasons and this is exactly the type of
situation that leads to property accountability problems and to
people having to pay for missing property (ie - me). My property
has not been properly inventoried for two inventory periods and now
half of it is being moved to Salerno, a quarter staying at Airborne
and a quarter going to the battalion's HHC commander. My XO should
be there to oversee all this if I can't, but they won't even let
that happen. Any suggestions on how to protect myself. I've started
a memorandum for record as has my XO, but this could end up screwing
me.
2. I asked to work here in the operations shop of TF Currahee and
the lawyer here somehow got involved and said that there are
probably some restrictions regarding classification that will
prevent me from doing anything there. They are supposed to get back
to me in a couple of days. In the process of asking about this job,
the brigade S3 told me that MAJ Mullins believed that this "thing",
referring to the case should start rolling in the next week or so
for whatever that is worth.
3. I have a sworn statement here and hopefully some pictures from
our PMT on the way regarding a detainee abuse and murder incident
that occurred over at our NDS compound in Mayden Shar. This is the
same NDS chief and compound that our detainees were released to and
the LEP went over to in order to interview the detainees after we
released them from Airborne. I bring this up b/c I know that CID is
pushing hard to say that the detainees left Airborne after having
been abused and that there physical signs of abuse. This sworn
statement and the others I am in the process of securing will show
that this particular NDS detachment has a prior history of detainee
abuse and even detainee execution. The detainees in that incident
happen to be local police from a near by district just to reiterate
the level of corruption we dealt with here.
4. CPT Bedestani (Wardak special forces team leader) and his team
will be up at BAF soon to provide any statements you think might be
useful. They redeploy very soon. Would it be helpful to have the
police mentorship team which was headed by a LTC and now a MAJ come
by for the same before they redeploy? They can all speak on how
spread thin we were and complexities of the security situation we
dealth with, especially conerning how broken the detainment and
retainment of AAF is within the ISAF system. 5. I've been sleeping a
lot better these days. The medication I've recieved has been
working well. I still have a lot of dreams though. I was dreaming
about all this stuff last night and remembered a couple of things
that are worth noting, not major; but does add to the narrative I
wrote. I'll hit you up over the phone with it later.
6. Also, when I called back to Airborne to check the status of my
property, I spoke to my supply NCO SGT Darwin Chasicardenas
(Chasi). He gave me an update on my property, which is why I'm
worried right now; but he volunteered some information I thought
might interest you. When he was being questioned by CID (and I
believe he was taken to BAF for this) he was basically threatened
with his citizenship status by the CID. I'm sure some intimidation
of this sort is legit, but the way they went about was to basically
give him an ultimatum of cooperate or we will dig up something in
your history prior to your citizenship that will have your
citizenship revoked. He was naturalized as a Soldier while in
combat. SGT Chasi has been deployed two other times before this OEF
rotation. He has been shot at, blown up, etc. I just think it is
wrong for these CID types who haven't done anything out of the wire
to come at him like this. It has to be against
some type of guideline. SGT Chasi said that he was seriously
thinking about going to EO about this. I've also heard that a few
of the NCOs in the company are thinking of launching congressionals
b/c of how the men are being treated. I would tell them to cool it,
but I can't communicate with anyone except in instances like this
regarding property. What do you think I should do? What should SGT
Chasi do, I am able to talk to him.
7. I know of 7 total people that have had adverse action flags put
on their records at this time. I know this only by happen chance b/c
I am working with my XO to finish up some awards for my guys before
this thing gets too far down the road. Several awards were denied
at this time. These individuals are: SGT Doyle, SPC Moser, SPC
Siler, PFC Frey, SSG Davis, SFC Moriarity, SPC Peake, SSG Rideaux,
1SG Scott and myself. None of the guys listed except for SPC Moser
and myself did anything, at least that I am sure of. I know SPC
Moser struck a guy in the face for biting his arm or hand. I
believe I saw Peake trip a guy to the floor, but I'm not even sure
if it was him or not. I know of at least one NCO from A Co that was
sent to BAF and I believe that he will give testimony for a lesser
punishment. I believe this is SSG Picca. I think most if not all
the guys from D Co have requested lawyers. Respectfully,
CPT Roger Hill
----- Original Message ----
From: "neal@puckettfaraj.com" <neal@puckettfaraj.com>
To: Roger Hill <hillrogert@yahoo.com>; abw_diver@yahoo.com
Sent: Monday, September 29, 2008 4:51:02 AM
Subject: Re: Attorney & Client Communications - CPT Hill
Roger,
I know that LTC West would be happy to share his thoughts with you.
You should understand that he's like a one-legged man in an
ass-kicking contest right now, as his Congressional campaign is
beginning its final push to the election on 4 Nov. But as he has
time, I'm sure he'll offer insights and encouragement.
Al,
Roger Hill is an Army CPT in command of a SOC unit. If I told you
how similar his circumstance (currently under AR 15-6 investigation)
is to yours, you'd think it was deja vu all over again. Our mutual
friend, Bill Chatfield, put us in contact. Looks like Haytham and I
will be helping Roger and his wife, Lauren, through this difficult
process. He hope to engage you in dialogue when you have time. When
I have time, (as in, when this murder trial is over), I can
back-brief you on some of the facts.
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
The Law Firm of Puckett & Faraj, PC
Washington DC - San Diego CA
www.puckettfaraj.com
888.970.0005
Quoting Roger Hill <hillrogert@yahoo.com>:
Sir, One more thing. Do you think it would be prudent to contact
LTC West? His story has given me hope. I think his and my hearts
were and are in the same place. I feel like a criminal here on
Slaerno. It's been kind of lonely here and some encouragement from
someone who understands would help. Thanks, Roger
----- Original Message ----
From: "neal@puckettfaraj..com" <neal@puckettfaraj.com>
To: Roger Hill <hillrogert@yahoo.com>
Cc: haytham@puckettfaraj.com
Sent: Sunday, September 28, 2008 1:59:20 PM
Subject: Re: Attorney & Client Communications - CPT Hill
Roger,
Thanks for the upadate. It's 0530 here in Okinawa where a murder
trial of my client begins today, so my time for correspondence is
limited right now. But I wanted to reply to your questions before
heading off to trial. I've included my law partner on the cc: line
to keep him informed. He's also a retired Marine attorney, but
additionally a prior infantry enlisted Marine and officer.
I read the attachment, and it appears that you have let higher HQ
know the issues surrounding your command situation and lack of
support. Looks like you did all you could do.
1. The retainer is simply for our work to prepare and present your
case at an Art 32 investigation. You are not billed for travel
time, just actual travel expenses. The mention of time is to allow
us to clock and earn the fee during the time spent preparing for
the hearing. I have no doubt that donations will reimburse you for
your initial outlay and cover the costs of additional litigation,
if required, once the American people learn of your situation.
2. We teach classes to rooms full of lawyers on how to engage and
control the media coverage of our clients. We can develop a great
deal of interest in your case as we have done for other clients.
Public support results in donations to legal defense funds. We can
make sure that you are also put in touch with fundraising companies
who do that for a living. That will be your best bet in the early
going. Raising the funds to pay our legal fees should be
relatively easy..
3. Information I need from you is simply a flow of information
between us so that we can stay abreast of developments in the
investigation. It's so much better to be involved early like this.
4. There is no question that we can help you to get through this.
We are the most experienced firm in the world in handling cases of
this nature; allegations of war crimes in the GWOT. Once we have
access to the 15-6, we can look into how the investigation was done
and what holes were left by investigators. I'm not convinced that
asking for assistance from a LEP is violative of the reg. I think
the investigator can use any resources available. But we'll
certainly look into it.
5. I'll get in touch with Lauren for the access codes. That will
help a great deal. I'll get that info to Mr. Faraj, as well.
Roger, this is an investigation we are fully prepared to tackle in
order to protect you. You and Lauren are not in this alone. We'll
be available to handle any and all obstacles placed in your path.
No need to apologize for delay. Investigations seem to drag on
interminably. We're ready for whatever comes our way in this case.
We've been there before.
Neal A. Puckett, Esq.
LtCol, USMC (Ret)
The Law Firm of Puckett & Faraj, PC
Washington DC - San Diego CA
www..puckettfaraj.com
888.970.0005
Quoting Roger Hill <hillrogert@yahoo.com>:
Sir, I know it has been a while. I was hoping to have the evidence
to share with you at this point, but the investigation is dragging
out. Below are some facts and assumptions. I also have a couple of
questions. Attached is a cry for help I sent in August to my DCGO
b/c I did not feel that my Bn or Bde Commands really cared (I had
tried talking to both). I jumped the chain after a phone
conversation I initiated with the DCGO and him telling me that I
could write him without repercussions. This document is
accidentally mislabled and does not actually contain any Secret
or No Forn information.. I accidentally labeled it as such. Also
attached is the narrative you asked me to write. I may not have
captured everything you were looking for, but it is a start. Send
me or call me with any questions. I understand you may still be
out of town. Respectfully, CPT Roger Hill
1. Fact - Investigation is still ongoing and CID is still
questioning members of my company. A total of 15 people have been
brought in as "suspects" including myself, MAJ Cheasty and my 1SG
(Tommy Scott).
2. Assumption - I have reason to believe that I am looking at a
possible 32 general with multiple charges.
3. Assumption - I have reason to believe that CID is still
questioning members of my company b/c they plan to get those
individuals to trade testimony against me for lessor sentences.
4. Fact - Some of the people being questioned have not done
anything criminal in nature. They may have been at the location
of the incident, but otherwise I am not sure what else they (CID)
have other than placing those individuals at the scene. A handful
of the Soldiers did put their hands on Soldiers, but the
instances I witnessed were only in self defense (a biting
incident) or because detainees physically fought commands and
gentler guidance to move.
5. Fact - The prosecution is attempting to bring local national
witnesses into the trial. The detainees taken off our FOB are
currently at NDS.
6. Fact - Both MAJ Cheasty, our doctor and MAJ Smith, our battaion
XO (informal 15-6 officer before the formal) physically screened
the detainees before the NDS came to pick them up. Neither saw
any signs of abuse and should testify to that.
7. Fact - A LEP (government contracted law enforcement
professional) was a part of the investigation team that came for
the formal 15-6. I believe that this is against 15-6 guidelines.
He supposedly took pictures of the detainees that showed signs
of abuse. The only thing is, those detainees had been over at NDS
for over 30 hrs before he was able to interview them. Our NDS
has a documented history of killing and abusing their detainees
(I am working with our PMT (police mentorship team) whom I have
an outstanding relationship with for the sworn statements and
pictures they had from an incident in the past.
8. Assumption - The prosecution will try and say that the
detainees had these signs of abuse before going to the NDS. This
is B.S. as per MAJ Cheasty's and MAJ Smith's screenings before
they left our FOB. There are several other witnesses that will
attest to this as well.
Questions:
1. Can you explain the terms of the 15K retainer fee.
Specifically, charge by hour for travel time and if any of it is
refundable if not used.
2. Can you explain how we can get the media involved? Money will
be an issue with Lauren and I. We would need lots of help,
especially since I do not have a pension and us probably having to
start over. How confident are you that we can capture postivie
attention from the public with this if needed? 3. What other
information do you need from me?
4. After reading the narrative, what do you think? Do you think
you could help me? I did everything I knew to care for my
Soldiers. I really felt my back was against the wall and
eventually reached my breaking point emotionally and mentally.
I've been to combat stress several times. My doctor was in
disbelief when I told him this story in tears. When I finished he
said, "That's it?". He didn't understand what was so bad until I
told him about the potential charges. He feels that any
reasonable person in my shoes under those circumstances may have
acted in a similar manner.. I am still having trouble dealing
with the deaths of my two Soldiers.. I blame myself even though
many people have told me not to do so. I just feel that I should
have told my command NO more often than I did. I just kept trying
to accomplish the mission even when I knew it was too much. I
feel that I should have fell on my sword sooner and I wouldn't
have lost Donnie and Paul.
5. Will you pleae contact my wife and ask for the codes to her
calling plan for me and call me with your questions? It won't cost
you anything. Call me any time : )
Thanks.