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."
See Transcript of US v Pfc. Manning, Article 39(a), 11/29/12
seated. This Article 39(a) Session
is called to order. Let the record
reflect all parties present when the Court last recessed, are again present in
Court. Are the parties ready to
Honor. Defense would call
[telephonic] Lt. Col. Dawn Hilton.
you hear me?
Ma'am you are now before the court-martial.
I am at
Building 428 McPherson Avenue, located on the Fort Leavenworth campus.
And are you
able to testify freely?
Yes, I am.
have any notes with you?
I have two
documents in front of me.
have any notes other than the two documents defense provided you?
No. I do not.
Ma'am. Should anything occur that will interfere
with your testimony, would you please inform the Court?
Yes. Of course.
Ma'am. Do you swear and affirm that
the statements you are about to make are the truth, the whole truth, and
nothing but the truth so help you God?
for the record you are Lt. Col. Dawn Hilton at Fort Leavenworth, Kansas?
Hilton, this is David Coombs. I'm
gonna ask you a few questions, okay?
all let's get some information about your background. How long have you been in the Army?
in the Army since March 27, 1987.
understand you have been in corrections since 2003?
have a Masters degree in criminal justice with an emphasis in corrections?
you receive your degree?
when did I receive my degree?
my degree from Charleston State University in 2002.
sorry. I correct-- 2001. Sorry.
Okay. You are also certified through the
American Corrections Association?
Yes, I am
a certified corrections manager.
were you certified?
certification was in 2003. My
recertification was in 2009.
what's involved in being certified by the ACA?
it's a study of the correctional practices within the United States. It's a review and a study of four
different books periodicals printed by the American Correctional Association,
and then its a 200 question multiple choice question test over the span of four
hours to validate the knowledge that you received from the study of those
you become the commander at the JRCF?
command on August 28 2010 at the JRCF, but the JRCF did not open until the 4th of
you still in that position?
No, I am
not. I changed command from that
position on July 6 of 2012.
is your current position?
I am the Inspector [missed word] General for the command for the Combined Arms
Center at Kansas Fort Leavenworth.
April 2011 you participated in a press conference concerning the move of Pfc.
Manning from the Quantico Brig to the JRCF. Do you recall that?
Yes, I do.
was that press conference conducted?
located in the Pentagon in Washington, DC.
you notified of your needed attendance of that press briefing?
two days prior.
were you told that Pfc. Manning was being moved from Quantico to the JRCF?
when? I'm sorry. I can't hear you.
goodness. This was almost two years ago. Give me a minute if you don't mind.
It's not a
the--the-- because of the capabilities of the Joint Regional Correctional
Facility-- the building itself-- the facilities itself-- and the staff that we
had-- located at the JRCF, would better meet his confinement requirement.
As part of
this press conference, did the JRCF release a two page fact sheet concerning
the Joint Regional Correctional Facility?
have a copy of that fact sheet in
front of you?
Can you put
a copy of that in front of you now?
copy of what is marked appellate exhibit 424 alpha to the Court. Can you please describe what is on the
top page of the fact sheet that you are looking at?
'Photographs of the Joint Regional Correctional Facility and Area Photographs.'
first words on the top-- is it, 'For pictures and video go to
tell us why this fact sheet was put out to the press?
facility was so new to mostly if not all of the general public-- you know
within the United States-- even within the military were even unaware of our
facility that we just opened, and didn't quite understand the capabilities that
we had inside the Joint Correctional Facility.
document was developed by myself in order to educate the appropriate audiences
of what the Joint Regional Correction Facility was-- and what it looked like--
and the capabilities that [missed word] with that. The facility did that.
JRCF designed to handle prolonged pretrial confinement issues?
We had not
only the facility. We had the
spatial, you know, area to segregate pretrial inmates as well as the staff to
provide the services necessary for long term and pretrial incarcerations--
specifically mental health staff, medical staff-- all of the personnel
supporting the Joint Regional Correctional Facility were-- are organic to the
organization and worked on a daily basis inside the facility.
only were we able to segregate the pretrial inmates from post trial-- as
required in Army Regulation 190-47-- most importantly we have the staff there
to provide the support necessary
for long term pretrial incarcerations.
Now I wanted
to talk a little bit about Pfc. Manning's move to the JRCF, and when he arrived
there. But, before I do-- prior to
him arriving at the JRCF did anyone direct you as to how he should be held--
the custody status for Pfc. Manning?
ever been ordered during your time in corrections by anyone above you to hold
somebody in particular custody status?
commander of the Joint Regional Correctional Facility, no.
ever been required to gain approval from someone above you, as the commander of
the Joint Regional Correctional Facility, prior to changing the custody status
of a detainee?
Why do you
believe that you never had anyone above you-- either order you to hold somebody
in a particular custody status or obtain approval from that person prior to you
changing custody status?
a couple reasons. The first and
most important reason is in accordance with the Army Regulation 190-41-- the
facility commander has the authority and the right to make independent
decisions based upon the totality of each circumstances.
reason is because the Army-- Department of the Army selection board-- selected
me as the commander-- the battalion commander at the Joint Regional
Correctional Facility, and as such inherent rights come with that command
talk about Pfc. Manning when he arrived at your facility. Do you recall when that was?
frame in 2010? April May of 2010.
it's been a little while, just think for one moment. Does 20 April of 2011 sound correct to
Yes. It was at the very end of the month.
he arrived at your facility, can you describe in general, what initial-- what
initially happens once he arrives at the facility?
Lt. Col. Dawn
Yes. So, once any inmate -- it's identical to
every inmate-- it was no different for inmate Manning.
arrive into the back gate of our facility, we conduct a strip search. We do a scars and marks.
give them an intensive interview with every inmate to identify any potential
medical, mental health, or behavioral problems that the-- that the inmate
currently or is historically experienced.
is done-- in the main area-- in a-- in a main areas within the reception area--
then the inmate is showered and given their property-- the inventory with the
property they come with is completed.
They are given all the necessary health and comfort items-- personal
hygiene items and their clothing that will be issue to them. And, then they are
moved into the special housing unit where they can get their reception process.
reception processes called like the indoctrination process?
is. We referred to it as reception,
but that is exactly what it is.
It's-- it's a period of time that the staff can indoctrinate inmates as
to the culture, lifestyle, and interchange of the confinement center.
long does the reception process normally last?
on a case by case basis on-- on the behavior of every-- of the individual
inmate-- typically it went from five to fourteen days.
you tell the Court what happens during the-- I guess the intake portion of the
intake-- I'm not quite sure what you mean-- the reception process is very
extensive. So, do you mean-- I'm
not quite what you mean?
testing and assessment phase.
Okay. We have-- the assessment phase, we have
most of the medical-- the physical health of an inmate and the mental health
assessment of the inmate. That
helps to determine both the internal and external risk so we can classify each
inmate based upon their risk.
those medical and physical health assessments, we do labs. We do blood work. And, we do an extensive screening of the
inmate to make sure there is no contagious or physical health issues that could
hurt not only the inmate himself, but the other inmates and staff within the
health assessment is conducted by mental health providers within the-- with
on-- within the staff. And, thy go
through the historical mental health of an inmate, the current mental health,
and then any potential future mental health issues that may arise.
assessment is done, at that point, the staff determines a program-- you know,
that's required or necessary for each individual inmate.
mental health staff do you have, or did you have when you were the commander at
extensive. I had-- we had-- in
military correctional complexes-- what supports the United States disciplinary
Brig and the Joint Regional Correctional Facility has one psychiatrist. He is an O-6.
there are two psychologists, one of those one worked at the Joint Regional
Correctional Facility-- a licensed psychologist. And then we have anywhere from three to
four licensed social workers.
anywhere from four to six MTA X-rays-- those are mental health technicians
through the Army and the Air Force.
familiar with DD form 2711?
is that form?
the initial form that we used to assess an inmate internal and external risk.
the DD 2711 is completed, what happens?
That form goes
before a board. It's called the
initial classification board. On
this board we have representatives from each of the specialty areas within--
inside the facility.
your vocational work staff. You
have your chaplain. The staff judge
advocate. There is a representative
from each of the directorate.
sit at a table and then the assessment is presented in front of the board by
the mental health providers, which gives an overarching review of the inmate--
both internal and external risk.
that point, the discussion ensues about the inmate-- the risks and any opinions
based upon those that have had the intake with the inmate.
the vote-- the board votes on a classification based upon the risk of where
that inmate should be placed.
votes, and then the decision goes to the deputy commander or the Joint Regional
Correctional Facility, and he approves the vote.
And did you have access to the ACIS system?
I do not
now, but I did. Yes.
is the ACIS system?
Army Correctional Information System, and that's the database that Army
correctional facilities use within the Army that holds all of an inmate's history--
and-- which includes mental and -- which includes their work assignment-- which
includes their disciplinary infractions.
includes their housing unit assignment-- their [abatement?] days. It's basically their personnel files
within inside the-- the Army correctional facility.
commander-- do you know if the initial classification board considered what
happened during Pfc. Manning's confinement in Kuwait?
Absolutely. A lot of the data they use on the 2711
comes from the inmate themselves.
explain on the assessment form what happened. We do take into consideration prior
confinement history when-- when making our assessments on the risk.
you place a lot of significance upon for Pfc. Manning upon what happened in
specifically for Manning, because Manning-- because of his being such a long
time since he was incarcerated in Kuwait.
We do look
at the time lapse between the event-- you know, the incident, and when the
packet goes before the board.
know if the initial classification board considered how Pfc. Manning was held
while he was at Quantico?
looked at where he was confined, how he was confined-- but, most importantly
why he was in confinement in a certain status-- because that is important to do
the overall risk assessment.
indicated that mental health professionals make a recommendation to the initial
classification board, is that correct?
Yes. There are actually-- there is a mental--
there is a-- the director of the treatment program deputy is actually over, and
then the licensed social worker will sit there and present the risk assessment
to the board.
actually have a voting member of the board as a mental health professional?
time, no. He was the deputy
director. He's not a mental health
professional. He just runs the
Okay. Do you know what the mental health
professionals' recommendation was concerning whether Pfc. Manning was a risk of
out the 2711, no I do not recall.
have access to that in front of you?
help to refresh your memory?
help me give details about-- I was not at the board, and so all i had access to
was the 2711 itself.
insinuate why they made decisions or what specifically was presented-- all I
can do is reiterate what is on this 2711 itself.
just stop you for a moment, do we have a copy as an appellate exhibit?
Ma'am, and I-- and I will avoid that issue.
going to that document, though, were you ever informed that mental health professionals
considered Pfc. Manning a risk of self-harm at this time-- from your memory?
when he came into the facility-- I directed my psychologist specifically to do
an assessment-- if he was going to harm himself or others.
to 48 hours, he was not on suicide risk or suicide watch. So, at that point, no he was not a-- he
was not considered a harm to himself.
upon her assessment of his mental health.
Okay. Thank you. What was the initial classification
board recommendation concerning how Pfc. Manning should be held at the JRCF?
That he be
put in medium custody.
Did your deputy
approve the boards recommendation?
understanding, correct me if I am wrong, but the way it is set up is the-- the
deputy actually approves or disapproves of the board's recommendation, and then
you as the commander are the appellate authority, should a detainee want to
appeal Mr. Callahan (sp.) decision.
Callahan [sp.]-- just for the record--
was your deputy?
So at this
point how was Pfc. Manning being held after Mr. Callahan's [sp.] decision?
held in a special housing unit with the other pretrial inmates at that time--
at that time all pretrial-- because we had a limited number-- were in a special
housing unit, but he was given medium custody privileges.
the possible custody levels that a detainee can be held at the JRCF?
No. Let's go ahead and just-- all detainees.
will start with maximum custody for all the pretrial/post trial.
are placed on maximum custody and assigned special housing unit if they-- if
the risk assessment warrants it-- that they have behavioral problems-- if their
external or internal risk is so high that they can't go into the general
population-- or if their internal risk is so high that they are going to harm--
you know, not harm themselves, but they are going to cause problems within
inside the facility. Medium custody
is the next level.
custody level that most-- most inmates start out at-- unless they have a risk
that's higher than-- than typical in medium custody.
the final custody level is minimum custody-- which is only available for post
trial inmates. And as a custody
level that an inmate can achieve after anywhere from three to six months of low
internal/external risk assessment as well as excellent exemplary behavior
within the facility.
the possible administrative levels a detainee can be held at, at the JRCF?
administrative segregation which has no [missed word] level, but in MAX. You have suicide watch, which is an
inmate that-- that has shown tendency or is-- having a-- actively trying to
administrative segregation pending investigation-- that is when an inmate--
typically violates a facility rule or infraction or is a-- a threat to others within the
facility. Then you have
administrative segregation awaiting final disposition.
inmate that has is most time violated-- grossly violated the facility rules,
and is pending a disposition, i.e. he's waiting to go to a disciplinary judge--
before he is waiting to go to a classification board.
have protective custody, which is an administrative segregation. Those are for inmates that need
protection from other inmates within the facility and they also part of AS [administrative
you have [tractual?] status. A
[tractual?] status are for inmates that are actively trying to harm themselves
or others, and are put in a certain status to prevent-- to keep them inflicting
have a prevention of injury status at the JRCF?
No, we do
not. From my understanding and my
research it is-- it is very similar though to suicide watch, is what we have at
don't have a status of something less that suicide watch?
No. We do not.
someone is either on suicide watch or they are not at the JRCF, is that
Correct. There is no modified suicide watch.
commander of the JRCF, have you ever overruled a doctor's recommendation that a
detainee was not a suicide risk?
normally try to get an inmate off of suicide risk status?
Absolutely. There are second and third order effects
in place on suicide watch, and explained to me by my mental health
goal for both suicide and in [tractual?] status is to get the inmate to a space
where they are not longer trying to harm themselves, because it is-- it has an
impact on their mental status.
goal when I was a facility commander was anywhere from seven-- I'm sorry from
24 to 48 hours to get them off of suicide watch. We had MAX inmates on suicide watch
longer than that, but normally it's a medication issue or it's a transfer
issue-- we try to transfer them to a mental health hospital.
the longest that you have seen somebody that you've seen somebody from your
role as a commander be held on suicide watch status?
I had an
inmate on suicide watch for seven days, and the reason he was on there was
because he was-- he had severe-- severe mental health issues and I was trying
to get him into a state hospital.
than-- I guess did you get that person transferred to a state hospital?
Yes. I did.
that person, what's the longest that you've ever had a detainee held on suicide
be a guess, but I would say four days.
testified that Pfc. Manning was placed in medium custody. Is there-- and if I understand this
correctly-- there is not a lower status for a pretrial confinee at the JRCF?
Manning was being held in the lowest possible status that he could be?
Now, as a
medium custody status detainee, what type of mattress was Pfc. Manning
mattress that all the other inmates in the JRCF have--
have the [missed word]--
mattress that ever other inmate is provided at JRCF-- is given.
have a normal pillow?
what items would Pfc. Manning be permitted to have in his cell?
Books. For [missed two words] hygiene items,
uniforms, shoes, clothing items, his legal material, writing material, and then
personal photographs and letters.
detainees permitted to have radios?
purchased them, yes. Receivers.
just to hear music.
Alright. Was he entitled to have toilet paper in
entitled to keep his prescription glasses?
this time-- well as a medium detainee was he ever required to surrender any of
his clothing at night?
Or to wear
a suicide prevention smock?
required to wear handcuffs and shackles when he was outside of his cell?
the written assessment when you are in medium custody-- unless you're on a different-- unless you are like an
administrative segregation pending investigation or some type of other status,
the risk allows you to go within inside the facility only with no restraints.
required to have multiple guards whenever he was outside the facility?
have to have a correctional force because he was pretrial inmate and we have to
keep them separate from post trial inmates that-- not necessary because of
security reasons-- not because of the risk that he presented.
Alright. Was he required to eat his meals inside
of his cell?
is part of medium custody-- is you get to eat with your housing unit.
able to buy snacks while he was at the JRCF?
have money, yes. They can buy-- we
call them gratuitous rations. If
they have the money, and they put in in their account, he can buy snacks, yes.
sort of snacks are available?
chips on the ration sheet. Potato
chips, peanuts, candy, just very small snack items that you can buy at-- at the
Is he able
to buy health and comfort items?
Yes. Basic items are provided. Shampoo, soap, razors, [missed word]
And, what other
health and comfort items could he buy then?
have the-- I don't have the sheet in front of me, so I-- I know that there was
like lotion-- I just honestly don't remember what's on the sheet. I'm sorry.
No. That's fine. let's talk a little bit about the cell
unit that Pfc. Manning was in. What
type of housing unit was he initially held in when he got to the JRCF?
housing unit. That is where we hold
all of the administrative segregation inmates, and all the inmates that come
into reception go in the special housing unit.
you describe for the Court the special housing unit?
Yes. The special housing unit is on the fact
sheet that we talked about earlier during my testimony.
two sides of special housing unit with a total of 48 individual cells. One side of the special housing unit
was-- was identified specifically for maximum custody inmates.
On the other
side, you're image, which is 24 cells.
These cells were held for receptee inmates-- inmates coming into-- new
into the facility and for the pretrial inmates.
the-- within these different sides of the housing unit in the back of the
housing unit, where it is two stories-- in the back of the housing unit on both
the top and the bottom tier were four cells isolated from the rest of the
had eight cells within what we call
a glass enclosure, and then the other eighteen cells were-- I'm
fifteen cells were within in the general area. And, then Manning was in one of those
enclosed glass areas, because he was pretrial and I had to keep him separate
from the post trial receptees that came in on that side.
has an individual bed, toilet, sink; and
meet the requirement of the American Correctional Association
accreditation requirement, which is 80 square feet, 35 square feet--
unencumbered. And each cell had
natural light going into it.
did the cells have natural light going into it?
said each cell had 80 square feet, you said?
Yes. At least.
that would be at least eight by ten?
you said, unencumbered space. What
space that is not taken by the bed, sink, or the toilet. There is nothing else in it.
said that was at least 35 square feet?
any other pretrial confinees in the housing unit that Pfc. Manning was in when
he first got to the JRCF?
many? Do you recall?
don't. I'm sorry. A few-- no more-- no more than eight.
Pfc. Manning permitted to associate with these individuals?
would. Inside the enclosed area
there was a common area with a table, treadmill, and a television.
allowed to sit out there with the other pretrials and watch television or play
games-- cards-- whatnot, and interact.
and you just answered that, I guess.
The amenities that the cell would offer-- or the glass enclosed area--
if I am understanding you correctly-- there are multiple cells within that, and
then there was a common area as well.
what amenities were available in the common area?
a treadmill-- sometimes a bicycle. We
had to move that back and forth.
There was a television and a table.
there were-- are games available that the inmates can request to check out and
play the games-- card, board games-- in the common area.
the shower were also in the common area.
pretrial confinees required to stay in their individual cells-- the 80 square
feet during the day?
No. Again of course with the Army
Correctional Association accreditation standards, they have to be given so much
time out of their cell.
pretrial inmates, they were given typically-- they were not sleeping or locked
down for count-- they were allowed outside of their cell.
And, in general,
how many hours would they be given for sleep?
locked down at 22 hundred at night, and they were let out of their cell,
anywhere from zero five to zero six in the morning.
know you can't tell me the times for count for security reasons, but taking out
the limited times for the count-- am I correct in saying that other than the
zero six or excuse me the 22 hundred to zero five or zero five thirty, the
detainee was allowed to be outside of his cell?
indicated there they were in no restraints once they were outside of their
is this common area that is outside of the cells in general?
say 35, 40 feet.
Alright. Now would you-- would you-- did you ever
move Pfc. Manning from the special housing unit?
Yes. We got so many inmates-- pretrial inmates
that they could no-- we were taking up the entire special housing unit--
because I had to keep them separate, eventually I moved all pretrial inmates
from the special housing unit to a general population housing unit-- kilo
that was just the pretrial confinees in the kilo housing unit?
much-- I guess, what-- what was the difference between the kilo housing unit as
opposed to the special housing unit?
area. The cells were almost
identical, and the common area was much, much bigger, and there were more
area-- I don't-- let me see if I have the dimensions here on my fact sheet--
the common area in the general population housing unites was very large
compared to the special housing unit.
you recall releasing also a PowerPoint presentation on the JRCF?
you pull that PowerPoint presentation out?
I have it
marked as an appellate exhibit?
Ma'am, but it's been marked as appellate exhibit 424 bravo. Now this PowerPoint presentation that
you have in front of you, is it 14 pages in length?
is on the very front of the PowerPoint presentation?
Regional Correctional Facility' and it shows the front door and the bottom
right hand corner it says 'Fort Leavenworth Campus'.
generally covered within this PowerPoint presentation?
capabilities. The site layout of
the Joint Regional Correctional Facility.
Capabilities to include the infrastructure, the structural capabilities,
as well the staff support availabilities.
would, turn to page-- or slide six, which is also, I guess, page six?
Do you see
the assessment division section?
is the assessment division?
what I explained earlier in the intake process. Those are the licensed clinical social
workers and the mental health providers-- to include the psychologist and the
psychiatrist-- this is the division that does the internal and external risk
upon entry into the confinement facility, and then every follow up and
states in there, quote 'develops inmate management action plan links
classification to risk assessment.'
What does that mean?
to the 2711 that we discussed earlier.
On that 2711
there are points associated with confined offenses and behavior.
take that allow with all of their interviews and intake-- testing tools that
they have with inmates, and then they present that at the inmate-- the initial
classification board and then any subsequent classification board the facility
pages typically is an inmate management action plan?
depends. It can be anywhere from
two to four pages. Sometimes
depends on the inmate and all the information relevant to that inmate that they
bring with them when they are incarcerated.
So I guess
you could have a long or a short inmate action plan?
Absolutely. You had-- you can have an inmate that
has been incarcerated for a very long time, and at the annual classification
board-- of the inmates been in trouble for you know numerous instances-- it
could be-- because that's included in the risk assessment-- it could be numerous
Pfc. Manning's action plan a long or a short one?
it was a
at slide 13.
affirmative that she was on that page]
Okay. This slide lays out basically the daily
schedule of calls for pretrial detainees.
Is that correct?
hours of recreation does a pretrial detainee receive each day at the JRCF?
depends. There are different types
recreation was always one hour.
Indoor recreation which can include the gymnasium, the library, the
religious media room-- can be anywhere from one to four hours.
So, if I'm understanding correctly, if you have a detainee receiving at least
one hour of outdoor recreation, and then one to four hours, say, of indoor
recreation that could include indoor gym and the library or something along that lines?
is library call?
We have a
library at the Joint Regional Correctional Facility that has a leisure library,
a recreational library, and a legal library.
that time, the inmates are allowed to go to the library, read material, work on
their legal material, access a word processor to type their legal
material. Or they can sit and read
can also check out books?
detainee use a computer during the law library time?
It is a
closed network only, but yes. They
can use a computer to type documents-- legal documents to support their-- you
know their case.
possible for a detainee to request additional hours for library-- law library
Yes. If it's very difficult-- if an inmate
preparing for, you know, a legal appointment or an appeal-- we often would give
them additional time inside the legal library to prepare their correspondence--
or to do their research.
hours of visitation can a pretrial detainee receive each day?
get two hours a day or if approved by the deputy commander-- it can be even
more. It's really the situational
if they have a family member coming from a very long distance-- typically
[missed a few words] and they will be in the local area for two to three days--
we have in the past given the inmate exception to policy to do perhaps both the
morning and afternoon visitation during the week.
weekend, four the morning-- typically two to four hours in the evening.
visitation available on every day of the week at the JRCF?
Why do you
have so many opportunities for visitation?
feel-- I felt as the facility commander that it is paramount to make sure that the
bonds established before incarceration are continued, and to help the inmate
through incarceration, and additionally pending release it's very, very
important for inmates to re-establish and connect those relationships so when
they do get released, they have a support system.
inmate or detainee has a visitor, is that visitation done in a no-contact
depends. it could be sometimes,
based upon-- it goes back to their status.
For medium custody inmates, specifically, no.
they are in good status they go into general population visitation room, and
they can have visitation.
an open area?
is. It's an open area conference
room type setting with tables and chairs-- with four chairs at each table that
and inmate can sit with their visitors.
detainee is in a open area with their visitors, are they in any sort of
visitation monitored by any sort of audio equipment?
visitation has to be the time between the inmates [missed a few words] interaction
between the outside and the inside-- and that is when contraband is often times
very high risk time during the operation of the facility.
need to monitor that-- what's going on between the inmate and the visitor to make
sure there's no contraband-- make sure there's no issues with security of the
ever receive any special requests to-- to record that Pfc. Manning was having
with his visitors?
was that request passed through to you?
from the Program Martial General.
And, the system was in place to record the audio-- visitations of Inmate
Did you normal
record audio of visitations?
no. In the past, have we? Yes, but
not-- it wasn't typical, no.
Pfc. Manning's time in confinement did he ever try to harm himself once he-- I
guess was on medium custody?
ever try to escape?
ever try to harm any of the guards?
To your knowledge
was he ever disrespectful to any of the guards?
this time did he ever have any disciplinary issues?
He had one
disciplinary adjustment board.
Alright. And, did he have any other disciplinary
issues regarding-- other than that disciplinary board?
about the disciplinary board.
What-- what happened?
was in the kilo housing unit and there was a conversation between Manning and
another pretrial inmate, and Inmate Manning struck the other inmate.
this occur in general? I won't pin
you down on a specific date.
right before Christmas of December 2010?
Yes. I'm sorry.
was-- well, actually before we talk about what happened-- how did you deal with
when you deal with all inmate on inmate assaults-- both the inmates are taken
to the special housing unit and put in administrative segregation, pending
investigation is conducted, and then the inmates-- if there is enough evidence
the inmate sent to a disciplinary adjustment board, and then adjudication is
complete, and the punishment is administered in unit.
Manning eventually returned to medium custody?
long after the incident?
than thirty days.
said he had-- well, you would go to potentially a disciplinary board. Did Pfc. Manning have one of those?
you recall just from your memory what the results from the board-- of the board
Yes. He was found guilty and was given extra
duty and disciplinary segregation time.
DS is what
we call that time, where he served inside the cell, inside the cell, limited
privileges for the amount time that he was adjudicated by the board.
upon what he received-- did Pfc. Manning successfully complete his punishment?
he reviewed again by any classification board?
was-- by an unscheduled classification board?
was. As is typical after an inmate is
involved in an altercation like that, then we send the risk assessment pack--
the packet and all of the incidence to the board to make sure that the
classification that the inmate currently is in-- is still suitable.
you recall what the determination was of the unscheduled classification board?
he remain in medium custody.
you ever briefed as the commander what happened to cause the assault on-- in that
was. I was told that another inmate
and him were having a discussion.
The other inmate was talking in a negative manner about Inmate Manning. He got upset and then hit the other
inmate a couple times.
recall what the conversation was
to the effect that Inmate Manning were to get a sentence at the United States
Disciplinary Barracks that he would not do well in that environment.
this incident-- you said that Pfc. Manning was eventually returned back to
other detainee still at the facility at that point?
they housed in the same area?
have any other problems between Pfc. Manning and the other detainee?
other detainee a disciplinary problem at the JRCF?
had issues with that other detainee?
overall detainee how would you describe Pfc. Manning?
Typical. He followed the rules. He did what he was told, and cause no
correctional issues-- confinement issues or security issues within that
December incident, up until the time that you relinquished command, did Pfc.
Manning have any other problems at the JRCF?
Hilton, that is all the questions that I have for you. The Government will be asking a few
Hello. Good morning.
morning. The JRCF is a new
And it has
capabilities not available at most other DoD facilities?
commanders make decisions based off the resources available to them?
of those are custody determinations?
Custody determinations are effected partly by resources available?
custody determinations are risk assessments?
of it, yes.
risk assessments also include considerations of behavior?
behavior would include, behavior resulting from mental health issues?
behavior resulting from mental health issues can create a basis for maximum custody?
board decisions mental health is important?
confining history is most important?
say most, but equally.
observations are considered?
commanders must use their judgment to balance all of them as they see fit?
Pfc. Manning was in processes, the JRCF followed its normal procedures?
procedures are governed by AR [Army Regulation] 190-47?
Secretary of the Navy Instructions 1640.9 Charlie?
use a point total?
initial classification determination is determined by the board?
classification is, yes.
JRCF deputy commander signs off on it?
deputy commander can override that decision?
deputy commander follows it most of the time, but sometime overrides it?
Absolutely. He has overridden it in my experience.
decisions are based on independent judgment?
independent judgment is part of the inherent command authority?
And the inherent
command authority includes things to chose the weight given to the various
Ma'am, you wouldn't second guess other commanders confinee decisions?
there is no way to know that the entire spectrum not only the inmates, but the
behavior of the facility, capabilities-- in the background of the commander--
there is no way.
prisoner safety is critically important?
I didn't hear that, can you say again?
prisoner safety is critically important?
important-- as well as staff.
including-- and then part of that is protecting prisoners from self-harm?
Ma'am, I couldn't hear you.
different commanders might take different actions to protect different
prisoners from self-- from self-harm?
commander might restrict access to gear?
commander might also restrict recreation?
commander might do both of those and other options?
of a prisoner's circumstances and determinations the commander has made?
Ma'am-- prisoners can use sheets and pillows for self-harm?
have in the past, yes.
Ma'am-- prisoners can use toilet paper for self-harm?
Ma'am, does the JRCF have prisoners from other branches? Like the Marines, maybe?
When I left
there was one inmate from the Air Force in post trial confinement.
Ma'am. One of the trial counsel's
questions said that the observations were the most important-- you said not
necessarily most important.
things would you factor in when determining whether or not a detainee was a
risk of self-harm?
it's self-admission. So it's a lot
of it-- a lot about what is the inmate is saying at this time when the mental
health provider is interviewing them.
state of mind-- the current state of mind from what I've been told by mental
health-- my mental health providers is very very critical.
because there is a tendency or past documentation that this inmate has-- has
inflicted self harm-- it doesn't mean necessarily that they need to be on
suicide watch. It is my-- it is my
experiences, numerous inmates will come into the Joint Regional Correctional
Facility having tried to commit suicide or inflict self-harm. It does necessarily mean that I am gonna
put him on self-harm-- on suicide watch.
Now I would
imagine as a commander of a facility, your concerned with the potential of
suicide of a detainee, correct?
receive any sort of training on suicide prevention?
Do I or do
Yes. It's in our annual training we
have. It's in our initial training
that every soldier, civilian must go through before they assume duties within
inside the facility-- and then an annual training requirement.
on your staff do you trust the most in order to identify potential suicide
fold. It's my mental health staff
as well as the special housing unit staff-- and all the staff to identify key
indicators-- or behaviors that could lead to self harm.
And, if a
staff member identifies any sort of behavior or indicator-- are they suppose to
report that to the mental health professionals?
Yes, to operations
staff or mental health providers-- and then the mental health providers will go
do their stuff.
after that I imagine that you would weigh in whatever your mental health
provider advises you?
had indicated before that you had never ignored your mental health providers
Hilton this is Col. Lind. I'm the
military judge. I have a few
questions for you. Can you hear me?
looking at the fact sheet that you have on 424(a)-- and you're called a Joint
Regional Correctional Facility. Are
all correctional facilities now regional?
No. They are not. United States Disciplinary Barracks is a
level three facility-- is not regional-- and, sister services facilities.
only two right now within the Army-- the Joint Regional Correctional Facility
is one-- it's at [missed word] at Fort Lewis, which is regional.
the west coast up to the central area-- and then you have the Joint Regional
Correctional Facility, which takes everything from the Midwest to the east.
is a Marine Navy Facility, Ma'am.
Marines facilities are the regulations that they are required to follow
strictly through the Navy chain or there's some Department of Defense
regulations or standards applicable to all confinement facilities?
Ma'am. There are specific DODD--
that's what I-- as I refer to them as.
And, there are two primary ones that we look at.
The first one
is DODD 1325.4-- and that talks about the facilities and the programs and the
actual kind of confinement.
you have DODD Instruction 1325.7 which also talks a little about the
administration-- but really focuses on the clemency of role authorities. And then of course you have Title 10 USC
[United States Code].
testified earlier that you have a maximum security custody classification for
pretrial detainees. if someone is
in maximum custody at your facility-- what does that entail?
they are in their cell for 23 hours a day-- they have very little privileges and
they have very little-- I guess exposure outside of their cell-- because they
are an internal risk to the facility-- specifically when they go outside their
cell they are always in hands ironed-- in hands-- in legs-- if they go outside
the special housing unit-- within the special housing unit they are always hand
an increased risk within the facility and are treated as such.
of recreation if any do they have?
one hour a day and that's normally inside of a weight room or recreational area
that we have inside the special housing unit.
that one hour come from-- is that a Brig policy? Is that a standard? Is that--
American Correctional Association standard. It is also outlined in Army Regulation
the questions that I have. Any follow
up based on that?
Hilton, thank you for your testimony.
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