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First public disclosure!

LCpl. Justin L. Sharratt Article 32 testimony:

LCpl Trent Graviss: witness for the prosecution

Day Three / Wednesday, June 13, 2007

The Article 32 investigation was called to order at 0802, 14 June2007.

Mr. T. Graviss, civilian, was called via telephone as a witness by the prosecution, was sworn, and testified as follows:

DIRECT EXAMINATION

Questions by Captain Hur:

Q. Mr. Graviss, please tell me what your military status is right now.

A. I'm in inactive reserve now, sir.

Q. Please state your full name for the record spelling your last name.

A. Trent Graviss, G-R-A-V-I-S-S.

Q. And what is your current resident address?

A. [withheld].

Q. When did you get released from active duty in the Marine Corps, sir?

A. I received my DD-214 discharging me on June 3, 2006.

Q. While you were in the Marine Corps, were you ever deployed overseas?

A. Yes, sir.

Q. How many times?

A. Three times, sir.

Q. From what period of time were you deployed the first time?

A. I was there during the invasion of Iraq. And it was a nine-month deployment.

Q. And the second time?

A. It was Najaf. And I am not sure -- 9-month deployment. I don't know the dates, sir.

Q. During the second deployment, which unit were you with?

A. 1/4 for the first two deployments, sir.

Q. Were you ever deployed with 3/1?

A. Yes, sir, on my third deployment.

Q. When did your third deployment take place?

A. I am not sure of the dates. It was seven months long, sir.

Q. Do you remember what year it was?

A. It was 2005, 2006, sir, I believe.

Q. Do you know Lance Corporal Justin Sharratt?

A. Yes, sir.

Q. How do you know him?

A. He was in my squad, sir.

Q. Did you know him on November 2005?

A. Yes, sir.

Q. Do you remember where you were on 19 November 2005?

A. Yes, sir. I was on a convoy that our squad was hit by an IED, sir.

Q. What time in the morning was it that you were hit by an IED?

A. It was early, sir, right after sunrise.

Q. And who else was in the HMMWV with you in which you were riding?

A. Myself, Staff Sergeant Wuterich, and I think his name was Whitt. Is that correct, sir?

Q. I don't know. You are going to have to do your best to tell me.

A. I am not sure. There was a corpsman in our platoon. And it wasn't our squad corpsman. I don't recall his name for sure, sir.

Q. Do you recall if Lance Corporal Sharratt was in that convoy with you?

A. Yes, sir. He was in, I believe, the first vehicle.

Q. So after the IED went off, what happened?

A. I proceeded down to the vehicle that was hit, which was the third vehicle, to start medivac procedures, sir.

Q. Were you able to get out of your HMMWV right away then?

A. No, sir. The door on my HMMWV was stuck for a few seconds, sir. I couldn't get it open.

Q. What about Staff Sergeant Wuterich?

A. I believe his door was also stuck initially. And we both got the doors open about the same time, sir.

Q. As soon as you exit the HMMWV, what do you see?

A. I see there is some debris falling around me and still large smoke and dust clouds in the area from the IED blast.

Q. Do you hear any small-arms fire after the IED goes off?

A. No, sir.

Q. Do you see any Marines engaging anything or anybody after the IED goes off?

A. Initially, right after, sir, no. As I was headed down to the third vehicle, I heard small-arms fire from an M-16 behind me. I looked over my shoulder and seen Staff Sergeant Wuterich firing, sir.

Q. Before when I asked you if you heard any small-arms fire, you were referring to enemy small-arms fire. Is that correct?

A. Yes, sir.

Q. You did hear friendly small-arms fire though?

A. I did hear the M-16 fire, sir.

Q. When you looked back after hearing the M-16 fire, what did you see?

A. I seen Staff Sergeant Wuterich firing in the direction of up the road towards the white vehicle. He was on a knee firing in that direction, sir.

Q. What else do you see?

A. I don't recall seeing the whole car. And I don't recall seeing the people, sir. I recall seeing like a pink mist in the air where I am guessing the people were, sir.

Q. Did this pink mist have any meaning to you?

A. Like blood spatter in the air, sir.

Q. Now, what do you do next after seeing this?

A. I continue on down to the vehicle that got hit by the IED.

Q. And let me ask you, while this is going on, do you know where Lance Corporal Sharratt is?

A. I believe he is still up in the first vehicle, sir. But I cannot be sure. I didn't see him at this point, sir.

Q. Do you know what Lance Corporal Sharratt's billet was in that first vehicle?

A. I believe he was on the heavy machine gun on the first vehicle or the medium machine gun. I am not really sure. It was a 240 Gulf machine gun, I believe.

Q. So you head down to the vehicle that got hit by the IED. What do you see?

A. I see Lance Corporal Crossan, he is crawling across the road. I see the vehicle on the side of the road destroyed. And Crossan points out to me where Lance Corporal Tatum is laying on the road.

Q. When you say "Tatum laying on the road," do you mean somebody else?

A. Sorry, I meant Lance Corporal Terrazas is laying on the side of the road. I reached down and checked for a pulse on Lance Corporal Terrazas and told Lance Corporal Crossan that he is dead.

Q. Okay. Now, what happens next after this?

A. I call in on the radio telling them we have multiple casualties and one KIA. We need medivac at this time. And I give them our location. They repeat back that they need a sitrep. I tell them the same thing again. About this time, Staff Sergeant Wuterich is headed down the road. I handed him the radio, sir.

Q. Do you recall what Staff Sergeant Wuterich says?

A. No, sir, I do not.

Q. Do you recall the QRF showing up later that day?

A. I never physically seen them arrive, sir.

Q. But you became aware of the fact that other Marines did show up?

A. Yes, sir.

Q. About how long after the IED went off did these other Marines show up?

A. Myself and Corporal Dela Cruz and one Iraqi soldier went and searched houses, sir -- started clearing houses for triggermen. We brought -- I am not sure how many – two to three detainees down to the -- where the vehicles were located and Lieutenant Kallop looked down there. So he must have came with the QRF, because he was not in our convoy.

Q. Are you aware that Staff Sergeant Wuterich led a group of Marines from your squad to clear houses that day?

A. When we dropped off the detainees at that time, sir, I believe I asked Lieutenant Kallop where the rest of the squad was. And he told me they were clearing houses to the south, sir.

Q. Did you actually see the Marines leave to begin clearinghouses, or had that already happened by the time you left?

A. That already happened by the time. They were still there on the scene when we left to go clear houses; and they were gone when we returned, sir.

Q. While you were clearing houses, did you have to engage anybody?

A. No, sir.

Q. And you said Corporal Dela Cruz was clearing houses with you. Who else was clearing houses with you?

A. One Iraqi soldier, sir.

Q. While you were clearing houses, did you encounter a situation where it was suggested to you that you should shoot one of the unarmed Iraqis?

A. Not while we were clearing houses, sir. Lance Corporal Dela Cruz said something about he thought about – when we got into the houses and we were sitting on these detainees waiting for QRF to pick them up, he said we should have shot all the individuals when we came into the house. And I kind of looked at him with a look of confusion and wanted to know -- and kind of asked him why we didn't receive any hostile intent from these individuals, why would we have shot them when we came into the house.

Q. Because the detainees were unarmed. Correct?

A. Yes, sir.

Q. Did you ever witness anybody assaulting any detainees that day?

A. No, sir, I did not. Lance Corporal Dela Cruz, one of the detainees he had outside had like a bruise, scratch type thing on his cheek from where Lance Corporal Dela Cruz said he pushed the individual down. Because I did witness this individual repeatedly try to get up when he was told to stay down on the ground. And me and Corporal Dela Cruz were outnumbered by the detainees by quite a few.

Q. Later during this course of this day -- and we're not going to get into it too much -- did you having anything to do with removing bodies from some of the houses that day?

A. Yes, sir. I was in charge of keeping count and the grid numbers, sir.

Q. Did you happen to see later on that day the people at that white vehicle that had been shot?

A. Yes, sir.

Q. Did you see any weapons on them?

A. No, sir.

Q. Did you see any evidence of enemy activity at any time while you were out at the IED site that day?

A. Not that I recall, sir.

Q. So after the IED went off, you saw, heard, observed nothing to indicate to you that there was an enemy presence out there?

A. I heard small-arms fire during the day, sir, some AK fire. I am not sure how far away it was or where it was directed, sir, during the day.

Q. Would it be fair to say though that that small-arms fire you heard was not at the IED site where you and your squad mates were?

A. I would say so, sir, because I don't recall ever seeing any like AKs in the two houses -- or the one – the house that I went into, the first house, I didn't see any weapons or anything like that, sir. I never seen any weapons around any of the dead individuals that I seen, sir.

Q. To the best of your knowledge, sir, was there an ambush on your squad after the IED went off?

A. No, sir.

Q. How many houses did you clear that day?

A. Probably about four to eight, sir. I am not really sure.

Q. And would it be fair -- if I were to mention the name Chestnut and Viper, would you know what I am talking about?

A. Yes, sir.

Q. With regards to where the IED went off -- let me rephrase. What road did the IED go off on, to the best of your knowledge?

A. It was on Chestnut, sir, before Viper.

Q. And are you familiar enough with the IED site that day to tell me which side of the road you were clearinghouses on, the north or the south?

A. Yes, sir. If we were travelling -- the direction we were travelling was up Chestnut from, I believe, River Road towards Viper. We were to the right-hand side as we were travelling clearing houses over there. We cleared one house on the lower portion more near River Road on the left, only one house, sir.

Q. Would you say that you were clearing houses on the opposite side of the road from where Staff Sergeant Wuterich had taken that fire team to clear houses?

A. Yes, sir.

Q. About how long after the incident was it that you begin to be questioned by military authorities on what had happened that day?

A. At least I believe a couple of months, sir. NCIS's first questioning was right prior to leaving Iraq, sir.

Q. And for you, what sort of questions was NCIS asking you about what happened that day?

A. NCIS asked -- they asked completely what happened to me that day, just every detail from when we started until when I went to sleep that day, the details I could recall, sir.

Q. Did NCIS ever explain to you why they were investigating this matter?

A. They said -- at the time, I remember them saying that we were under question and possibly charged with some type of war crime, sir. I don't recall exactly the words that they said.

Q. Sure. And while these questioning by NCIS was going on, were you aware that Lance Corporal Sharratt was also being questioned by NCIS?

A. Yes, sir.

Q. Did you have any conversations with Lance Corporal Sharratt about his interviews with NCIS?

A. Yes, sir. After we had both completed our interviews, we were standing outside of the Haditha dam. He said that the NCIS agent told him during his interview that he could tell when people were lying to him. And at the end of the interview, he told Lance Corporal Sharratt that he thought he was being pretty truthful with him and honest. And Lance Corporal Sharratt then told me that that tells him that he is a good liar, sir.

Q. Did Lance Corporal Sharratt tell you that to test the agent's ability to determine whether Lance Corporal Sharratt was lying or not, Lance Corporal Sharratt told the NCIS agent a lie, and the NCIS agent couldn't detect that he was lying?

A. Yes, sir.

Q. Do you have an opinion regarding Lance Corporal Sharratt's reputation for honesty or dishonesty?

A. Until that day, sir, I thought he was pretty honest. But when he said he was lying to the NCIS agent, I then started to question his honesty.

Q. Before 19 November, you had received ROE training along with the rest of your squad. Correct?

A. Yes, sir.

Q. What were you taught with regards to the need to positively identify a target before engaging?

A. That there has to be hostile intent by the individuals before you can engage. You pretty much have to know that your life or the other Marines around you life is in serious risk of being taken to take someone else's life.

Q. So to the best of your knowledge, based on your training, would it have been improper for one of the Marines in your squad to engage an unarmed Iraqi male?

A. Yes, sir.

Q. Mr. Graviss, I want to ask you, what did you hear with regards to Lance Corporal Sharratt making up a story about having an AK-47 pointed at him so he could use9-mil on an unarmed Iraqi?

A. I don't remember the details. I just remember somebody saying that that story was made up. I don't remember any details or who I heard this from. It was after the event. And I am not even sure at this point if it was in a passing conversation that I heard it. But I remember hearing that that story was true, sir.

Q. And this was somebody in Kilo Company. Correct?

A. Yes, sir.

Q. This wasn't an NCIS agent?

A. No, sir.

Q. And this wasn't a prosecutor?

A. No, sir.

Q. Was it somebody that was in your platoon that said this?

A. I can't be sure, sir. It was somebody in the company. I know that, sir. It was pretty much just our company at the camp we stayed at, sir.

Q. Do you recall making a sworn statement to NCIS on or about 31 May 2006?

A. Yes, sir.

Q. Would it be fair for me to say that your memory was fresher then than it is now?

A. Yes, sir.

Q. With regards to the story about Lance Corporal Sharratt making up a story about having an AK-47 pointed --

CC[Mr. Culp]: Sir, at this point, I would like to object. This is pure rumor. And the significance and relevance of this is pretty attenuating.

IO: I understand.

TC[Capt Hur]: If I may continue, sir.

IO: You may.

TC[Capt Hur]: The witness in his statement identifies --

IO: Ask the question.

Questions by Captain Hur continued:

Q. Do you recall making in your NCIS statement the statement that it was possibly either Lance Corporal Stone or Lance Corporal Prentice that told you that Sharratt had made up this story about having an AK-47pointed at him?

A. I don't recall, sir. If that's what I said, I am sure that's what -- it was the truth, sir. I don't recall at this time though.

Q. Sure. I understand. Let me review my notes, please. At any time that day, did you hear anything about Jordanian passports being seized from anybody at the scene of the IED site?

A. Yes, sir. The house that me and Corporal Dela Cruz were at, we found a large number of passports in the house that we were detaining individuals in, sir.

Q. Did you ever become aware of any other Jordanian passports being found in any of the other houses that day?

A. Not that I recall, sir.

Q. What did you do with these Jordanian passports that you seized?

A. We turned them in to the HET investigators, sir.

Q. Was that Staff Sergeant Laughner?

A. I believe so, sir.

Q. In this house where you seized the Jordanian passports, it wasn't a house where Lance Corporal Sharratt had gone into, was it?

A. No, sir.

Q. And these passports were not seized on any dead Iraqis.

Correct?

A. No, sir, not the ones that I know of, sir. Those are the only passports I heard of that day. We found them in the house, and none of the individuals that live in the houses that me and Corporal Dela Cruz cleared, sir.

Q. Mr. Graviss, how would you describe your relationship with Lance Corporal Sharratt prior to you getting off active duty?

A. While we were in Iraq, sir, or back in the states?

Q. Describe while you were in Iraq.

A. In Iraq, we bunked next to each other. We were friends in a work sense, sir. When we were on R and R, we didn't really see each other. I was staying down in the NCO room, hanging out with some of the other Marines. We didn't really see each other on R and R. We shared a room at the base -- our company base. We were friends in a work sense, I guess, sir.

Q. Do you have any reason at all to make up any stories regarding Lance Corporal Sharratt?

A. No, sir.

Q. This is a pretty difficult thing for you to do, isn't it?

A. Yes, sir.

Q. Mr. Graviss, I know that you want to get this part of your life over with, but I have to ask what is your availability over the next year to testify if called to do so?

A. Currently, sir, I work full time. We don't get any real vacation days. Our vacation is set every year to a certain date. They choose it for us.

Q. With advance notice like say a month or so, do you think you could fly out for a day or two to testify if need be?

A. I am not really sure, sir.

Q. Okay. And you are not planning on moving from your current address any time soon, are you?

A. No, sir.

Q. Let me review my notes again, please. Mr. Graviss, this is another difficult question. What was the nature of your discharge from the United States Marine Corps?

A. The nature of my discharge, sir?

Q. Yes.

A. It was an honorable discharge, sir.

Q. And how was your service in the Marine Corps ended?

A. I was on terminal leave and called back to California to be questioned by NCIS and pretty much spent my whole terminal leave in California from the first day I wa sthere and waited to be released.

Q. So you were never administratively separated from the Marine Corps?

A. No, sir.

TC[Capt Hur]: Thank you very much, sir. I am done with questions for you, but the investigating officer or defense counsel may have some questions. Please stand by.

IO: Mr. Culp.

CROSS-EXAMINATION

Questions by Mr. Culp:

Q. Mr. Graviss, this is Jim Culp. I am a defense attorney. How are you?

A. Not bad, sir.

Q. Let's talk first about this issue of terminal leave. How many days did you spend with NCIS while you were on terminal leave?

A. I was only questioned by them one time, sir. Then the rest of the time, I sat in the squad bay waiting to be sent home -- waiting to be cleared to go home, sir.

Q. How many days was that?

A. I am not really sure, sir. It was a couple of weeks sir, at least.

Q. And that is how you spent your terminal leave?

A. Yes, sir.

Q. But you were still on active duty at that time. Correct?

A. Yes, sir.

Q. And NCIS informed you that it was within their purview, they had control over whether or not you actually left the Marine Corps or not?

A. I don't understand the question, sir.

Q. You knew while you were on terminal leave that your terminal leave could be cancelled and you could be kept in the Marine Corps?

A. Yes, sir.

Q. That concerned you a little bit, didn't it?

A. Yes, sir.

Q. And this was at or about May 31 when you provided this information to NCIS about this purported lie that Lance Corporal Sharratt told you?

A. Yes, sir.

Q. There are a few things I would like to discuss with you. One is the Colonel Watt's statement that you gave – or the statement you gave to the Army investigators in February --

CC[Mr. Culp]: Sir, I just realized this morning that there are two statements you don't have from Mr. Graviss. I will get them both to you either now or immediately after.

IO: If you are going to talk about the statement, I would rather have it so I can read it.

CC[Mr. Culp]: Sure. One minute, Mr. Graviss.

Questions by Mr. Culp continued:

Q. Let's talk about something else. We will talk about that statement in a second. They are making copies.Okay?

A. Yes, sir.

Q. The prosecution just asked you to remember whether or not you told NCIS it was Lance Corporal Prentice who shared the rumor with you. Do you remember that question?

A. Yes, sir.

Q. And you don't have any of your statements in front of you?

A. No, sir.

Q. And then the prosecutor said if you read a part of it or something to you, would that refresh your recollection?

A. Yes, sir.

Q. Do you remember whether or not you told NCIS that Lance Corporal Prentice shared this rumor with you?

A. I don't recall, sir.

Q. With the investigating officer's permission, there is a small paragraph in your statement that I would like to read to you since you don't have the statement in hopes that it would refresh your recollection as to whether or not Lance Corporal Prentice told you about this alleged rumor. Okay?

A. Yes, sir.

CC[Mr. Culp]: Sir, may I do that?

IO: You may.

Questions by Mr. Culp continued:

Q. Around January, February '06, I heard a rumor that Lance Corporal Sharratt's weapon didn't jam while in house four and that he made the whole story up. The story I am referring to is the one where Lance Corporal Sharratt and an Iraqi insurgent tried to fire at each other, and their weapons jammed.

So Lance Corporal Sharratt shot the guy with a 9-millimeter pistol. I didn't hear any specifics about what really happened in the house. I only heard that the story Lance Corporal Sharratt told wasn't true. I also heard that a weapon was seized from the house. But it was seized from a room other than the one where the Iraqi male was when Lance Corporal Sharratt shot him. I don't know who else would have information about Lance Corporal Sharratt's story or the fact that it wasn't true. I am pretty good friends with Lance Corporal Sharratt. And I know that he is also good friends with Lance Corporal Stone and Lance Corporal Prentice.

Do you remember writing that?

A. Yes, sir.

Q. And so you didn't tell NCIS that Lance Corporal Prentice shared that rumor with you, did you?

A. No, sir.

Q. You just said these are some other friends you might want to go talk to?

A. Yes, sir. That's why I said I didn't know for sure, sir. I didn't remember saying that.

Q. Let's talk about rumors for a second. You hear a lot of rumors running around the barracks?

A. Did I hear a lot of rumors while I was in the military, sir?

Q. Right.

A. Yes, sir.

Q. They were basically rumors about everything that had happened in Haditha?

A. Yes, sir. Rumors about everything from when we're going home to just about anything, sir.

Q. Rumors about conspiracies to cover things up and rumors about who did what. Correct?

A. Yes, sir.

Q. So that was very common to hear rumors spread around?

A. Yes, sir.

Q. But the specific rumor that you heard was that Lance Corporal Sharratt's M-16 -- I mean SAW didn't jam, and that's why he used his 9-millimeter pistol?

A. Yes, sir.

Q. You never heard a rumor about the man was unarmed, did you?

A. No, sir.

Q. And Lance Corporal Sharratt certainly never told you he shot an unarmed man, did he?

A. No, sir.

Q. Let's talk about what you did at the end of the night on19 November in regards to the body recovery. Okay?

A. Okay, sir.

Q. This is real important. So I want you to try real hard to think about the last house that you recovered bodies from.

A. Okay, sir.

Q. Please tell the investigating officer about that last house, and you tell him who was with you.

A. At this point, I can't recall who was with me, sir. I don't believe I seen the bodies. I believe I just went into the first room of the house, and just that I gave them the numbers and grid of the house. I don't recall seeing the individuals in that house, sir.

Q. Do you remember if you went to a house where a little kid said, Mister, Mister? Came up to you --

A. No, sir.

Q. Do you remember if Staff Sergeant Wuterich and Lance Corporal Briones were with you?

A. I don't recall at this time, sir. I know when we went to that house that there was other Marines with me; but I don't remember. I don't remember who was with me now, sir.

Q. The last house, there were -- do you remember the house you went to where there were four males in a bedroom?

A. Yes, sir.

Q. Okay.

A. Is it the house on Viper. Correct, sir? Is that the house you are talking about?

Q. Correct. And you remember when you walked in, there were people in the room and they were alive?

A. Yes, sir. Now I recall what you are saying now, sir.

Yes. There was a woman I remember for sure, and an older man, sir. I believe there was at least one kid.

CC[Mr. Culp]: Sir, I am discussing something that is on page six of seven on the 19 March interview.

IO: I just got it.

Questions by Mr. Culp continued:

Q. In this house, there was an older man?

A. I believe so, sir.

Q. And a female in her 20s or 30s?

A. Approximately, sir. I don't recall at this time. I know there was a female in the house, sir.

Q. There was a young kid. You remember that?

A. Yes, sir.

Q. And there was the little kid who came up to you and said, Mister, Mister, and made a motion --

A. Yes, sir. I recall now what you are referring to. It was a kid telling us that there were dead people in the back of the house, sir.

Q. And how well lit was the room when you came in?

A. The first room that we came to, I think it was pretty well lit, sir. I don't recall really.

Q. Is your memory now refreshed regarding who was with you?

A. No. I believe Staff Sergeant Wuterich was with us, sir. He was the one that took us to the house. I don't remember for sure who was with us other than that.

Q. When Sergeant Wuterich came into the room where the people were, the old man, the ladies, and the kid, did anybody react strangely or in peculiar manner at seeing Sergeant Wuterich?

A. Not that I recall, sir.

Q. Then what did you do?

A. I believe we escorted the people outside the house. It was a house with an adjoining yard. So we took them over there.

Q. How long did you and Sergeant Wuterich and Lance Corporal Wright spend in this last house where the four males were in the bedroom?

A. I don't know for sure, sir.

Q. Sergeant Wuterich took you to that house because he had been in that house earlier that day. Correct?

A. I believe so, sir.

Q. You were asked about whether or not you thought Lance Corporal Sharratt was an honest person. And you said that his alleged admission to you, that concerned you. Right?

A. Yes, sir.

Q. Were you told that Lance Corporal Sharratt later took a polygraph exam?

A. I have been told so by investigators, sir – or prosecutors that he did, sir.

Q. Did they tell you he passed his polygraph exam?

A. No, they didn't. They just told me that he took a polygraph exam.

Q. Would it affect your opinion as to whether or not you think Lance Corporal Sharratt is an honest person if you knew he passed his polygraph exam?

A. I believe I was told in my previous interviews. I don't know to what he was lying to or what he was exactly referring to when he gave that statement to me when he told that to me. I told him to stop once he told me that because I was told by NCIS not to discuss anymore of the events that happened that day or anything that we talked to with the NCIS investigators. So I don't know what actually he was referring to lying to them about. So I wouldn't know whether the results of the test made a difference or not, because I don't know if it was the same questions or what he was even talking about that day for sure.

Q. Fair enough. Before Lance Corporal Sharratt at the Haditha dam told you that he lied to NCIS, you knew him to be a bragger?

A. Yes, sir.

Q. Somebody that made up big sea stories?

A. Yes, sir.

Q. And he had a reputation for that, a very strong representation for that within your platoon and company?

A. Yes, sir.

CC[Mr. Culp]: No further questions, sir.

EXAMINATION BY THE INVESTIGATING OFFICER

Questions by the investigating officer:

Q. Mr. Graviss, I want to take you back to the night that you went back to the house where you found the four bodies and you described finding an older gentleman, a child, and a younger woman in the building. And they directed you or announced there were some dead bodies in the back. Do you remember that?

A. Yes, sir.

Q. Is there anything significant about the reaction that those people made to you when you arrived or when the Marines arrived to that building? How did they react to your presence on that evening?

A. They didn't really seem afraid to my recollection, sir. It was just more of they were telling us for our information.

Q. So the woman didn't scream, or they didn't run away or try to defend themselves?

A. No, sir. I believe they were actually sleeping when we first came in the room. I am not 100% on that at this point, sir.

Q. This is the same day, 19 November later in the evening that the events all occurred?

A. Yes, sir.

IO: Counsel for either side have any questions in light of mine?

CC[Mr. Culp]: No, sir.

TC[Capt Hur]: Yes, sir.

REDIRECT EXAMINATION

Questions by Captain Hur:

Q. Mr. Graviss, this is Captain Hur again.

A. Yes, sir.

Q. Now that we've discussed your visit to house -- well, what you labeled as "house 12" with Staff Sergeant Wuterich, Lance Corporal Briones, and Lance Corporal Wright, did Staff Sergeant Wuterich tell you anything about what had taken place in that house?

A. No, sir, he didn't, not that I recall.

TC: Thank you. No further questions.

The witness was excused. The phone was disconnected.

IO: I have received two statements by then Lance CorporalGraviss. We will have them marked as investigative exhibits. And I believe I am up to 97 and 98. So 97 will be the one that's titled "unclassified" and dated 19 February. 98 will be the document dated 19 March. Are there any objections to my consideration of these two documents?

TC[Capt Hur]: No, sir.

CC[Mr. Culp: No, sir.

IO: Let's take a five-minute break.

The Article 32 investigation recessed at 0844, 14 June 2007.

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