US v. Pfc. Manning is being conducted in de facto secrecy. For more information on the lack of public and press access to United States v. Pfc. Manning, visit the Center for Constitutional Rights, which filed a petition requesting the Army Court of Criminal Appeals (ACCA) "to order the Judge to grant the public and press access to the government's motion papers, the court's own orders, and transcripts of proceedings, none of which have been made public to date."
US v Pfc. Manning, Article 39(a) Session, 12/01/12
UNITED STATES CALLS LANCE CORPORAL JOSHUA TANKERSLY.
Where are you?
Lance Corporal Tankersly
...at mother in law.
Can you testify freely?
[Missed, but affirmative.]
PROSECUTION SWEARS WITNESS IN.
How long years as a Marine?
How many years in corrections?
No longer in Marines?
Yes, sir. [NB He is no longer in the Marines.]
Training in corrections?
...little more than a month. They just taught us how to do our jobs.
Who takes that course?
Everyone who works in a Brig in the Navy, Air Force, and Marines.
When were you at Quantico?
March 2010 to June 29, 2012.
Special quarters supervisor, dorm supervisor, and [I notated 'mastic?'] supervisor
What did you do as...[missed]?
...make sure whatever they needed was taken care off.
What did you do as dorm supervisor?
Same thing...12 to 15 beds laid out in a row...in one big room...and you sit there and you watch them.
And, is that still when Quantico had dorms and...?
You have all the keys, announcements... You keep a log of all your announcements. You and some other people will sign in people when they come into the first hatch.
Ever work as an escort?
How often did you interact with detainees?
Did you talk to them?
Just to find out if they were okay. Get somebody else to talk. My job wasn't to talk to them.
Why not talk?
Not my job. We had counselors for that.
Normal for guards to talk to detainees?
How often move [detainees] in MAX [custody?]
Do you remember when you started moving MAX custody prisoners?
Since time at Quantico?
I did everyday. [Missed.]
18 January 2011. Let's talk about... Do you remember any protests?
I think there was one. I remember Code Pink.
How did you know?
Did the Brig staff discuss protests...?
Sure. I guess it was a big topic, but nothing really that big.
Did protests effect the way staff acted with the prisoners?
Do you remember moving Pfc. Manning [on 18 January 2011]?
How did it start...?
...hour rec [recreation] call daily. ...hand restraints, put in restraint. [Detainee was told] to move towards door. Do not recall what I told him to do. [I told him he] needed to recall when I speak to you... He was like [missed] GM2 Webb. He is not responding. GM2 Webb [told Pfc. Manning] whenever a guard talks to you, you need to respond in a correct manner.
What is the correct manner?
No matter what is said, you are suppose to use the rank of the person who asked you... If you given them a command, it's 'Aye Aye,' and then the rank.
So, you told Pfc. Manning that he had to respond in the correct way. What was the correct way?
Can't tell you, but the correct way would be to respond at all-- and he did not respond.
So, he did not respond?
Yes, sir [NB meaning he is saying Pfc. Manning did not respond.]
So, what did you do?
So, GM2 Webb [corrected him]... So, we started to move him down to dorm one.
What was Pfc. Manning demeanor at this time?
I don't know how to [describe it].
Did he appear normal?
So, when you get him to rec call what happens next?
So, we are talking his restraints off... He falls to ground... Me and GM2 Webb help him... He stands behind exercise machine and starts crying.
Why did he fall?
I don't know.
What did he appear like behind the [exercise] machine?
He was crying.
Was he being loud?
How do you know he was crying?
[He had his] hands over his face...making noises one makes when [they are] crying.
What happened next?
[Missed] in case he tried to go anywhere. Gunnery Sergeant Fuller got there. He asked me and Lance Corporal Cline to leave the room.
Do you leave...?
GM2 Webb and Gunnery Sergeant Fuller and Sergeant Baldwin came in and they talked for a little while.
And, were you and Lance Corporal Cline replaced as guards?
How often...correct prisoners?
Whenever my job required me to do so?
What was the tone of voice that you used?
Sterner than normal tone?
When you corrected [Pfc. Manning] do you remember the tone?
Do you remember how many times you corrected Pfc. Manning?
Do you remember giving voluntary statements to prisoners?
Were prisoners required to fill out voluntary statements?
The voluntary statement was used to show that we were giving rec call. So, the voluntary statement used...
I would [missed].
Ever experience a prisoner declining to file out a voluntary statement?
PROSECUTION ENDS EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
DEFENSE CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
How are you?
18 January 2011, not the first time you had interaction with Pfc. Manning?
Did you see Pfc. Manning often?
Every day in special quarters.
When you have interactions, was Pfc. Manning always respectful?
Even after 18 January 2011, Pfc. Manning was always respectful?
As you recall, a guard's job [is] not to have conversations with detainees?
Yes, sir. [NB He is agreeing, a guard's job was not to have conversations with detainees.]
Other than 18 January 2011, Pfc. Manning was always compliant?
Never tried to escape?
Yes, sir. [NB Pfc. Manning never tried to escape.]
Normal for MAX.
When you are stuck [in your cell for 23 hours a day], it is natural to get bored?
Behaviors you were hearing about, normal if you are bored?
...dancing, peek a boo, [lists more]?
I never saw that.
If you saw that, would it be normal?
Yes, it would be normal.
[Missed.] Pfc. Manning was pretty much the same from when he got there to [the end]?
Overall Pfc. Manning was a quiet detainee?
Hard to put average...higher ups. ...when you have all the higher ups to walk through and check if the facility is ok.
As a detainee [that is] average, what made him not average was higher ups?
That was a little while ago? [Coombs is referring to 18 January 2011 incident.]
Not so clear, because long time ago?
You, Lance Corporal Cline, and GM2 Webb [escorted Pfc. Manning] to rec call. Do you remember instructing Pfc. Manning to move?
I do remember.
[Do you remember] Pfc. Manning did not respond to you? [Missed.]
Do you recall if you tried to correct him?
Other than telling him that he needed to respond...
Do you recall saying it in a stern manner?
I don't recall.
Do you recall [telling Pfc. Manning that he had to respond] 'Aye Aye, Lance Corporal'...?
I am not sure, but I may have told him that twice.
I do not.
Do you recall [telling Pfc. Manning], 'Let's go,' to continue to go to rec call?
GM 2 Webb was the one that told Pfc. Manning...[to] '[Let's?] go,' to rec call.
Do you recall, Pfc. Manning [saying], 'No, wait'?
[Then ? instructed Pfc. Manning that he needed to respond correctly]...then you need to reply with rank.
Pfc. Manning was in full restraints [when he was moved and first arrive] in the rec room?
Meaning-- hand and leg irons?
...facility locked down [when Pfc. Manning was moved to rec call], because he was MAX?
...no one around? [NB Because lock down.]
One guard was holding onto Pfc. Manning's belt as he was walking?
When you get to rec call, you took Pfc. Manning to the center of the room to remove restraints?
Do you recall telling Pfc. Manning not to move?
Do you recall Pfc. Manning responding, 'I'm not moving'?
Do you recall correcting Pfc. Manning on how to reply?
Do you recall saying to Pfc. Manning...[missed]?
When Pfc. Manning fell backwards onto his buttocks...then GM2 Webb tried to grab him...tried to catch him, but it was too late?
Fell back to onto his buttock?
Ran over to the [exercise] machine
Recall him saying I am sorry/
What I remember is him just crying.
Don't recall him saying, 'Lance Corporal..., I'm sorry.'
Gunnery Sergeant Fuller arrived and he asks Pfc. manning if anything triggered his reaction>
I don't recall. [Missed.]
Do you recall telling Gunnery Sergeant Fuller, he did not know why he was treated different that day?
Recall Pfc. Manning saying guards were treating him different...making him anxious?
Do you remember watching guard coming into room?
Do you recall more individuals in the rec room-- more than Lance Corporal Cline and GM2 Webb?
You recall Pfc. Manning continued rec call and then two different guards-- along with GM2 Webb [escorted] him back to his cell?
I don't recall...not in the area.
You were not one of the escorts [taking Pfc. Manning] back to his cell?
Do you recall a protest on 18 January 2011?
[Missed.] What do you recall about the protests?
Not very much. I did not deal with any protests.
Do you remember protests affecting traffic at the main gate?
That is not what I remember.
Do you remember guards talking about the protest[s?] [regarding traffic]?
Not that I recall.
...had to hire a lot of outside law enforcement, and that cost a lot of money?
I never heard that.
Before I let you go. [Appellate] exhibit 433-- three separate news stories recounting a protest [at Quantico] on January 17, 2011.
DEFENSE ENDS CROSS-EXAMINATION LANCE CORPORAL JOSHUA TANKERSLY<
JUDGE LIND EXAMINES LANCE CORPORAL JOSHUA TANKERSLY
Nothing, your Honor.
Mr. Tankersly, I have a couple of questions. You testified that inmates are allowed an hour of exercise a day?
Yes. [Explains MAX custody.]
While you were working at the Brig...aware of any inmates that did not get an hour [a day] of exercise? Going back to statement-- except voluntary statements-- aware of any inmate not being offered an hour a day...?
Recall...one hour rec call.
Where do you get that [NB as in what regulation]?
Just what I was told and went by.
You testified about guards talking about protests. Was it hostile?
It's been three years. I don't remember.
If a detainee was asking questions, what would they ask?
'Hey, Sergeant can I do this?' ...they would get the guard's attention by saying their rank.
JUDGE LIND ENDS EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
...one hour of rec call-- do you recall Pfc. Manning only had 20 minutes of sunshine call?
Now that you bring up-- if they-- if they a [detainee on] MAX with special handling instructions... they can have 20 minutes of sunshine call, but all-- this is someone above me makes these rules. Sorry, your Honor, I forgot.
...posted outside detainee's cell-- handling instructions were outside the cell?
Thank you, Mr. Tankersly.
DEFENSE ENDS CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
Anything else from the Government?
JUDGE LIND EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
Any other MAX detainee [that you know of that received] less than one hour of rec call...?
Yes. Man-- it has happened before [Pfc. Manning was at the Brig] but [I do] not [know? remember?] specifics. Yes. If you have detainees-- who get into fights-- if they mess up then, [then] they will have only 20 minutes of sunshine call.
DEFENSE EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
Have you seen where someone has been held for twenty minutes for extended period?
Cannot give you specifics.
From 29 July to 20 April-- 20 minutes of sunshine call?
I can't say that I wasn't aware-- because I worked... I don't remember.
20 minutes special instructions...extent-- assuming true that he was given 20 minutes of sunshine call-- was that typical?
I think he was the only MAX detainee. I don't know.
Do you recall that for a six month period of time-- Pfc. Manning only received 20 minutes of sunshine call?
JUDGE LINE EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
That is going to trigger one more question from me. You testified that you had more than one MAX custody doing...?
There were also [other] MAX prisoners. They would be the same-- just separated. It depends. There handling letters vary. Some say they can have books-- some say only a Bible.
Mr. Tankersly, what do you see them doing-- that is-- what I mean...? [NB regarding behaviors]
Nothing. Staring at wall, trying to sleep-- we catch them and tell them to stay awake. There is really nothing to do.
JUDGE LIND ENDS EXAMINATION OF LANCE CORPORAL TANKERSLY
GOVERNMENT EXAMINES LANCE CORPORAL TANKERSLY
Could prisoners read books in cells?
Depended. General population, yes. They had set handling letter. If they were MAX or handling letter... ...handling letter said [what] specifically if could or could not.
If handling letter said could read, could he read?
If [the handling instructions] said he could read a magazine...?
If he could get magazines, yes.
...there was a book cart. I remember on-- who [Missed. Story about the book cart and a detainee he remembers] Let them look through it and that was it...
A MAX prisoner has access to books from the library...?
If handling letter said he could.
If handling letters said he could write letters, they could?
Most often one hour-- in that 8 [hundred] to 9 [hundred] was typical period on handling.
Set time on handling letter?
[Permitted to] watch TV [on] handling letter?
Yes, we had a cart with a TV on it.
If a prisoner special handling letter authorized phone calls-- could talk on phone?
Yes, they could use the phone if they had programs-- can't remember who exactly issued the phone-- who issued the pins-- if they had ability to use phone, they could use phone.
GOVERNMENT ENDS RE-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY
JUDGE LINE EXAMINES LANCE CORPORAL JOSHUA TANKERSLY
Was Pfc. Manning allowed to talk to other inmates?
I don't recall what his handling letter [said], if it said could not speak to other inmates then he could not.
Would that be on the handling letter?
Yes, Ma'am. They were allowed to speak to [cell to the] left and right, not down the row.
[to counsel] Anything else?
If Pfc. Manning did not have a person to the left or right [of his cell], he could not speak?
Like I said, I do not recall what his handling letter-- I don't know how they would do that, because there was no one around him.
Thank you. You are excused. Thank you for your testimony.
LANCE CORPORAL TANKERSLY IS EXCUSED.
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