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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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