Recently in Pretrial Confinement Category

Witness | US v Pfc. Manning, Lance Corporal Joshua Tankersly, Quantico Brig Guard

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.

...

Prosecution (VonElton)

Where are you?

Lance Corporal Tankersly

...at mother in law.

Prosecution (VonElton)

Can you testify freely?

Lance Corporal Tankersly

[Missed, but affirmative.]

PROSECUTION SWEARS WITNESS IN.

Prosecution (VonElton)

Live?

Lance Corporal Tankersly

South Carolina.

Prosecution (VonElton)

How long years as a Marine?

Lance Corporal Tankersly

Five years.

Prosecution (VonElton)

How many years in corrections?

Lance Corporal Tankersly

Four years.

Prosecution (VonElton)

No longer in Marines?

Lance Corporal Tankersly

Yes, sir. [NB He is no longer in the Marines.]

Prosecution (VonElton)

Training in corrections?

Lance Corporal Tankersly

...little more than a month. They just taught us how to do our jobs.

Prosecution (VonElton)

Who takes that course?

Lance Corporal Tankersly

Everyone who works in a Brig in the Navy, Air Force, and Marines.

Prosecution (VonElton)

When were you at Quantico?

Lance Corporal Tankersly

March 2010 to June 29, 2012.

Prosecution (VonElton)

Duty titles?

Lance Corporal Tankersly

Special quarters supervisor, dorm supervisor, and [I notated 'mastic?'] supervisor

Prosecution (VonElton)

What did you do as...[missed]?

Lance Corporal Tankersly

...make sure whatever they needed was taken care off.

Prosecution (VonElton)

What did you do as dorm supervisor?

Lance Corporal Tankersly

Same thing...12 to 15 beds laid out in a row...in one big room...and you sit there and you watch them.

Prosecution (VonElton)

And, is that still when Quantico had dorms and...?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

[Missed.]

Lance Corporal Tankersly

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.

Prosecution (VonElton)

Ever work as an escort?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

How often did you interact with detainees?

Lance Corporal Tankersly

Everyday.

Prosecution (VonElton)

Did you talk to them?

Lance Corporal Tankersly

Just to find out if they were okay. Get somebody else to talk. My job wasn't to talk to them.

Prosecution (VonElton)

Why not talk?

Lance Corporal Tankersly

Not my job. We had counselors for that.

Prosecution (VonElton)

Normal for guards to talk to detainees?

Lance Corporal Tankersly

No.

Prosecution (VonElton)

How often move [detainees] in MAX [custody?]

Lance Corporal Tankersly

Everyday.

Prosecution (VonElton)

Do you remember when you started moving MAX custody prisoners?

Lance Corporal Tankersly

Since time at Quantico?

Prosecution (VonElton)

Yes.

Lance Corporal Tankersly

I did everyday. [Missed.]

Prosecution (VonElton)

18 January 2011. Let's talk about... Do you remember any protests?

Lance Corporal Tankersly

I think there was one. I remember Code Pink.

Prosecution (VonElton)

How did you know?

Lance Corporal Tankersly

...the news...

Prosecution (VonElton)

Did the Brig staff discuss protests...?

Lance Corporal Tankersly

Sure. I guess it was a big topic, but nothing really that big.

Prosecution (VonElton)

Did protests effect the way staff acted with the prisoners?

Lance Corporal Tankersly

Not sure.

Prosecution (VonElton)

Do you remember moving Pfc. Manning [on 18 January 2011]?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

How did it start...?

Lance Corporal Tankersly

...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.

Prosecution (VonElton)

What is the correct manner?

Lance Corporal Tankersly

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.

Prosecution (VonElton)

So, you told Pfc. Manning that he had to respond in the correct way. What was the correct way?

Lance Corporal Tankersly

Can't tell you, but the correct way would be to respond at all-- and he did not respond.

Prosecution (VonElton)

So, he did not respond?

Lance Corporal Tankersly

Yes, sir [NB meaning he is saying Pfc. Manning did not respond.]

Prosecution (VonElton)

So, what did you do?

Lance Corporal Tankersly

So, GM2 Webb [corrected him]... So, we started to move him down to dorm one.

Prosecution (VonElton)

What was Pfc. Manning demeanor at this time?

Lance Corporal Tankersly

I don't know how to [describe it].

Prosecution (VonElton)

Did he appear normal?

Lance Corporal Tankersly

Don't recall.

Prosecution (VonElton)

So, when you get him to rec call what happens next?

Lance Corporal Tankersly

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.

Prosecution (VonElton)

Why did he fall?

Lance Corporal Tankersly

I don't know.

Prosecution (VonElton)

[Missed.]

Lance Corporal Tankersly

[Missed.]

Prosecution (VonElton)

What did he appear like behind the [exercise] machine?

Lance Corporal Tankersly

He was crying.

Prosecution (VonElton)

Was he being loud?

Lance Corporal Tankersly

I don't know.

Prosecution (VonElton)

How do you know he was crying?

Lance Corporal Tankersly

[He had his] hands over his face...making noises one makes when [they are] crying.

Prosecution (VonElton)

What happened next?

Lance Corporal Tankersly

[Missed] in case he tried to go anywhere. Gunnery Sergeant Fuller got there. He asked me and Lance Corporal Cline to leave the room.

Prosecution (VonElton)

Do you leave...?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

What happened next?

Lance Corporal Tankersly

GM2 Webb and Gunnery Sergeant Fuller and Sergeant Baldwin came in and they talked for a little while.

Prosecution (VonElton)

And, were you and Lance Corporal Cline replaced as guards?

Lance Corporal Tankersly

Yes, sir.

Prosecution (VonElton)

How often...correct prisoners?

Lance Corporal Tankersly

Whenever my job required me to do so?

Prosecution (VonElton)

What was the tone of voice that you used?

Lance Corporal Tankersly

Normal tone.

Prosecution (VonElton)

Sterner than normal tone?

Lance Corporal Tankersly

I don't know.

Prosecution (VonElton)

When you corrected [Pfc. Manning] do you remember the tone?

Lance Corporal Tankersly

No, sir.

Prosecution (VonElton)

Do you remember how many times you corrected Pfc. Manning?

Lance Corporal Tankersly

No, sir.

Prosecution (VonElton)

Do you remember giving voluntary statements to prisoners?

Lance Corporal Tankersly

Yes, sir.

Prosecution (VonElton)

Were prisoners required to fill out voluntary statements?

Lance Corporal Tankersly

The voluntary statement was used to show that we were giving rec call. So, the voluntary statement used...

Prosecution (VonElton)

Required...?

Lance Corporal Tankersly

I would [missed].

Prosecution (VonElton)

Ever experience a prisoner declining to file out a voluntary statement?

Lance Corporal Tankersly

No, sir.

PROSECUTION ENDS EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

DEFENSE CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Defense (Coombs)

How are you?

Lance Corporal Tankersly

Good, sir.

Defense (Coombs)

18 January 2011, not the first time you had interaction with Pfc. Manning?

Lance Corporal Tankersly

No, sir.

Defense (Coombs)

Did you see Pfc. Manning often?

Lance Corporal Tankersly

Every day in special quarters.

Defense (Coombs)

When you have interactions, was Pfc. Manning always respectful?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Even after 18 January 2011, Pfc. Manning was always respectful?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

As you recall, a guard's job [is] not to have conversations with detainees?

Lance Corporal Tankersly

Yes, sir. [NB He is agreeing, a guard's job was not to have conversations with detainees.]

Defense (Coombs)

Other than 18 January 2011, Pfc. Manning was always compliant?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Never tried to escape?

Lance Corporal Tankersly

Yes, sir. [NB Pfc. Manning never tried to escape.]

Defense (Coombs)

Never violent?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Normal?

Lance Corporal Tankersly

Normal for MAX.

Defense (Coombs)

When you are stuck [in your cell for 23 hours a day], it is natural to get bored?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Behaviors you were hearing about, normal if you are bored?

Lance Corporal Tankersly

Hear about?

Defense (Coombs)

...dancing, peek a boo, [lists more]?

Lance Corporal Tankersly

I never saw that.

Defense (Coombs)

If you saw that, would it be normal?

Lance Corporal Tankersly

Yes, it would be normal.

Defense (Coombs)

[Missed.] Pfc. Manning was pretty much the same from when he got there to [the end]?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Overall Pfc. Manning was a quiet detainee?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Average detainee...?

Lance Corporal Tankersly

Hard to put average...higher ups. ...when you have all the higher ups to walk through and check if the facility is ok.

Defense (Coombs)

As a detainee [that is] average, what made him not average was higher ups?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

That was a little while ago? [Coombs is referring to 18 January 2011 incident.]

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Not so clear, because long time ago?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

You, Lance Corporal Cline, and GM2 Webb [escorted Pfc. Manning] to rec call. Do you remember instructing Pfc. Manning to move?

Lance Corporal Tankersly

I do remember.

Defense (Coombs)

[Do you remember] Pfc. Manning did not respond to you? [Missed.]

Lance Corporal Tankersly

I do remember.

Defense (Coombs)

Do you recall if you tried to correct him?

Lance Corporal Tankersly

Other than telling him that he needed to respond...

Defense (Coombs)

Do you recall saying it in a stern manner?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

Do you recall [telling Pfc. Manning that he had to respond] 'Aye Aye, Lance Corporal'...?

Lance Corporal Tankersly

I am not sure, but I may have told him that twice.

Defense (Coombs)

[Missed]

Lance Corporal Tankersly

I do not.

Defense (Coombs)

Do you recall [telling Pfc. Manning], 'Let's go,' to continue to go to rec call?

Lance Corporal Tankersly

GM 2 Webb was the one that told Pfc. Manning...[to] '[Let's?] go,' to rec call.

Defense (Coombs)

Do you recall, Pfc. Manning [saying], 'No, wait'?

Lance Corporal Tankersly

I don't know.

Defense (Coombs)

[Then ? instructed Pfc. Manning that he needed to respond correctly]...then you need to reply with rank.

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

Pfc. Manning was in full restraints [when he was moved and first arrive] in the rec room?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Meaning-- hand and leg irons?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

...facility locked down [when Pfc. Manning was moved to rec call], because he was MAX?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

...no one around? [NB Because lock down.]

Lance Corporal Tankersly

[Gives explanation.]

Defense (Coombs)

One guard was holding onto Pfc. Manning's belt as he was walking?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

When you get to rec call, you took Pfc. Manning to the center of the room to remove restraints?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Do you recall telling Pfc. Manning not to move?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Do you recall Pfc. Manning responding, 'I'm not moving'?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

Do you recall correcting Pfc. Manning on how to reply?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

[Missed.]

Lance Corporal Tankersly

[Missed.]

Defense (Coombs)

Do you recall saying to Pfc. Manning...[missed]?

Lance Corporal Tankersly

[Missed.]

Defense (Coombs)

When Pfc. Manning fell backwards onto his buttocks...then GM2 Webb tried to grab him...tried to catch him, but it was too late?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Fell back to onto his buttock?

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Ran over to the [exercise] machine

Lance Corporal Tankersly

Yes, sir.

Defense (Coombs)

Recall him saying I am sorry/

Lance Corporal Tankersly

What I remember is him just crying.

Defense (Coombs)

Don't recall him saying, 'Lance Corporal..., I'm sorry.'

Lance Corporal Tankersly

No, sir.

Defense (Coombs)

Gunnery Sergeant Fuller arrived and he asks Pfc. manning if anything triggered his reaction>

Lance Corporal Tankersly

I don't recall. [Missed.]

Defense (Coombs)

Do you recall telling Gunnery Sergeant Fuller, he did not know why he was treated different that day?

Lance Corporal Tankersly

I don't recall. [Missed.]

Defense (Coombs)

Recall Pfc. Manning saying guards were treating him different...making him anxious?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

Do you remember watching guard coming into room?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

Do you recall more individuals in the rec room-- more than Lance Corporal Cline and GM2 Webb?

Lance Corporal Tankersly

I don't recall.

Defense (Coombs)

You recall Pfc. Manning continued rec call and then two different guards-- along with GM2 Webb [escorted] him back to his cell?

Lance Corporal Tankersly

I don't recall...not in the area.

Defense (Coombs)

You were not one of the escorts [taking Pfc. Manning] back to his cell?

Lance Corporal Tankersly

No, sir.

Defense (Coombs)

Do you recall a protest on 18 January 2011?

Lance Corporal Tankersly

Don't know.

Defense (Coombs)

[Missed.] What do you recall about the protests?

Lance Corporal Tankersly

Not very much. I did not deal with any protests.

Defense (Coombs)

Do you remember protests affecting traffic at the main gate?

Lance Corporal Tankersly

That is not what I remember.

Defense (Coombs)

Do you remember guards talking about the protest[s?] [regarding traffic]?

Lance Corporal Tankersly

Not that I recall.

Defense (Coombs)

...had to hire a lot of outside law enforcement, and that cost a lot of money?

Lance Corporal Tankersly

I never heard that.

Defense (Coombs)

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

Judge Lind

Any re-direct?

Prosecution (VonElton)

Nothing, your Honor.

Judge Lind

Mr. Tankersly, I have a couple of questions. You testified that inmates are allowed an hour of exercise a day?

Lance Corporal Tankersly

Yes, Ma'am.

Judge Lind

All prisoners?

Lance Corporal Tankersly

Yes. [Explains MAX custody.]

Judge Lind

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...?

Lance Corporal Tankersly

Recall...one hour rec call.

Judge Lind

Where do you get that [NB as in what regulation]?

Lance Corporal Tankersly

Just what I was told and went by.

Judge Lind

You testified about guards talking about protests. Was it hostile?

Lance Corporal Tankersly

No, Ma'am.

Judge Lind

[Missed.]

Lance Corporal Tankersly

It's been three years. I don't remember.

Judge Lind

If a detainee was asking questions, what would they ask?

Lance Corporal Tankersly

'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

DEFENSE CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Defense (Coombs)

...one hour of rec call-- do you recall Pfc. Manning only had 20 minutes of sunshine call?

Lance Corporal Tankersly

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.

Defense (Coombs)

...posted outside detainee's cell-- handling instructions were outside the cell?

Lance Corporal Tankersly

Correct.

Defense (Coombs)

Thank you, Mr. Tankersly.

DEFENSE ENDS CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Judge Lind

Anything else from the Government?

Prosecution (VonElton)

Nothing more.

JUDGE LIND EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Judge Lind

Any other MAX detainee [that you know of that received] less than one hour of rec call...?

Lance Corporal Tankersly

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.

JUDGE LIND ENDS EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

DEFENSE EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Defense (Coombs)

Have you seen where someone has been held for twenty minutes for extended period?

Lance Corporal Tankersly

Cannot give you specifics.

Defense (Coombs)

From 29 July to 20 April-- 20 minutes of sunshine call?

Lance Corporal Tankersly

I can't say that I wasn't aware-- because I worked... I don't remember.

Defense (Coombs)

20 minutes special instructions...extent-- assuming true that he was given 20 minutes of sunshine call-- was that typical?

Lance Corporal Tankersly

I think he was the only MAX detainee. I don't know.

Defense (Coombs)

Do you recall that for a six month period of time-- Pfc. Manning only received 20 minutes of sunshine call?

Lance Corporal Tankersly

I don't know.

DEFENSE ENDS CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

JUDGE LINE EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

Judge Lind

That is going to trigger one more question from me. You testified that you had more than one MAX custody doing...?

Lance Corporal Tankersly

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.

Judge Lind

Mr. Tankersly, what do you see them doing-- that is-- what I mean...? [NB regarding behaviors]

Lance Corporal Tankersly

Nothing. Staring at wall, trying to sleep-- we catch them and tell them to stay awake. There is really nothing to do.

Judge Lind

Follow up?

JUDGE LIND ENDS EXAMINATION OF LANCE CORPORAL TANKERSLY

GOVERNMENT EXAMINES LANCE CORPORAL TANKERSLY

Prosecution (VonElton)

Could prisoners read books in cells?

Lance Corporal Tankersly

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.

Prosecution (VonElton)

If handling letter said could read, could he read?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

If [the handling instructions] said he could read a magazine...?

Lance Corporal Tankersly

If he could get magazines, yes.

Prosecution (VonElton)

[Missed.]

Lance Corporal Tankersly

...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...

Prosecution (VonElton)

A MAX prisoner has access to books from the library...?

Lance Corporal Tankersly

If handling letter said he could.

Prosecution (VonElton)

If handling letters said he could write letters, they could?

Lance Corporal Tankersly

Most often one hour-- in that 8 [hundred] to 9 [hundred] was typical period on handling.

Prosecution (VonElton)

Set time on handling letter?

Lance Corporal Tankersly

Yes.

Prosecution (VonElton)

[Permitted to] watch TV [on] handling letter?

Lance Corporal Tankersly

Yes, we had a cart with a TV on it.

Prosecution (VonElton)

If a prisoner special handling letter authorized phone calls-- could talk on phone?

Lance Corporal Tankersly

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

Judge Lind

Was Pfc. Manning allowed to talk to other inmates?

Lance Corporal Tankersly

I don't recall what his handling letter [said], if it said could not speak to other inmates then he could not.

Judge Lind

Would that be on the handling letter?

Lance Corporal Tankersly

Yes, Ma'am. They were allowed to speak to [cell to the] left and right, not down the row.

Judge Lind

[to counsel] Anything else?

Defense (Coombs)

If Pfc. Manning did not have a person to the left or right [of his cell], he could not speak?

Lance Corporal Tankersly

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.

DEFENSE ENDS CROSS-EXAMINATION OF LANCE CORPORAL JOSHUA TANKERSLY

...

Judge Lind

Thank you. You are excused. Thank you for your testimony.

LANCE CORPORAL TANKERSLY IS EXCUSED.