Title: Wit Documents (Papakie)

Release Date: 2014-03-20

Text: ManningB_D0449806From: Papakie Brian sent: Wednesday. December 01. 2010 10:09 AMTo: Averhart CWO4 James Subject: RE: POI status (UNCLASSIFIED)Attachments: MCO 1640.5B.?f; SECNAVINST 1640.9C - DON Corrections ManuaI.pdfS?gnedlayzCWO4 Averhart,Here are the answers to questions from the prosecutor. Specifically on question 3; I believewe should support someone from their office coming down and obtaining the proper information(copies), but not a task for our Marines in Admin To include 5 logs will requiresubstantial paper thus the need for administrative supplies from their office.1. MAX Custody procedures. I have been looking at the regulation regarding MAX custodydetainees and their movement and I have a few questions. The uniform section talks aboutdetainees being moved in the uniform of their service. Does this mean that PFC Manningshould be moved in ACU's rather than in the prison uniform? If the detainees should remainin their detainee uniform then do we have another Army detainee where we adhered to thesestandards. I would like to have some examples to cite to Defense for the reasons that wehave to move PFC Manning in his detainee uniform and why his restraints have to remain on.(1a) No; both pre and post trial inmates will be housed and transported according to thatconfinement facility under:Orders and Directives: SECNAVINST 1640.9C and MCO 1640.50SECNAV 4201. pg 4-9 (5) Person's uniform outside a Navy confinement facility shall notidentify the individual as a prisoner. Prisoners confined in Marine Corps confinementfacilities shall wear the standardized prisoner uniform per MCO 1640.58.MCO 1640.58 1. Purpose. To establish procedures for wearing the standardized prisoner uniformby pretrial and post-trial prisoners confined in Marine Corps brigs.5. Policy - under sections and a. All pretrial and post-trial prisoners in all custody grades, to include installationcustody, shall wear the standardized prisoner uniform.f. The prisoner uniforms will be worn to all activities with the exception of courts-martial,civil hearings, and when being transferred to other confinement facilities, at which time theappropriate seasonal uniform or civilian attire, dependent on discharge status, shall beworn.Restraints:SECNAV 1648.9C4201. (5) MAX prisoners shall wear restraints at all times when outside the maximum-securityarea and be escorted by at least two escorts (confinement facility staff or certifiedescorts, per article 7406).1131 01- '2(6) On a case?by-case basis, the may authorize additional restraint for movementof specific MAX prisoners. A military judge may direct that restraints be removed from aperson in the courtroom if, in this judge's opinion, such restraint is not necessary. In allcases, the limitations of article 1162 of reference shall be observed.2. Determination of POI status. Defense has made a request that PFC Manning 's statusbe reduced from POI to some other status where he is able to have more time outside orworkout in his cell. My understanding is that his status determination is made based on alist of factors including his charges, mental health and behavior. Since the Defense hasmade the request to lower his status it is something that we have to at least address. Isthere a lesser level of POI that PFC Manning could be moved to. If the recommendation of theBrig personnel is to have him remain on POI status that is fine, we just need to have itaddressed to the Defense counsel.(2a) There is no subsequent level to Prevention of Injury under the conditions ofDetainee Manning's previous suicidal gesture and the most recent note of behaviorabnormalities he will remain POI. The status of POI gives the facility commander theflexibility of taking the necessary precautions for an inmate with the potential to harmthemselves, but reduce the number of restrictions placed on an individual. POI Status is nota form of punishment but rather precautionary measure.SECNAV 1646.9C - pg 4-14a. Some prisoners require additional supervision and attention due to personality disorders,behavior abnormalities, risk of suicide or violence, or other character traits. If requiredto preserve order, the BRIG Os or, in their absence, the brig duty officers/duty brigsupervisors may authorize special quarters for such prisoners for purposes of control,prevention of injury to themselves or others, and the orderly and safe administration of theconfinement facility. A hearing to determine the need for continued administrativesegregation of the prisoner shall be conducted. This hearing may be by board action or by amember of the confinement facilityappointed in writing by the BRIG 0, and a written recommendation to the BRIG 0 will beprovided within 72 hours of the prisoner's entry into segregation.d. Prisoners who have threatened suicide or have made a suicide gesture but are found fit forconfinement may be placed within special quarters under continuous observation while in thecategory of suicide risk. may direct removal of prisoner's clothing when deemednecessary. Prisoner must be under observation of a supervisor of the same sex. Closed circuittelevision may be installed at a limited number of cells for observation, although crossgender monitoring is not authorized.SOP section 6604. CLASSIFICATION AND ASSIGNMENT Prevention of Injury (POI). Those prisoners who have given an indication that they intendor are contemplating harming themselves or others will be assigned Maximum Custody.3. Sunshine Call Logs. The defense counsel is concerned about PFC Manning's mental andphysical health in relation to his small amount of time outside. In order to combat anypotential Article 13 issues I would like to get a copy of the logs that show when PFC Manningwent outside and how long he stayed there. I know that he usually gets 20 minutes daily butI need to have the logs that show that.(3a) we will provide copies of the logs, please provide a paralegal to schedule a visit tothe facility with administrative supplies and make the appropriate copies. Each log covers aperiod of approx one month; due to his confinement length, the period covered would be approxfive (5) log books.ManningB_00449807?--?-Original Message--?--From: Haberland, John CPT MIL USA [mailto: Sent: Tuesday, November 30, 2910 2:54 PMTo: Averhart CNO4 James Cc: Greer LtCol Christopher Broadston Major Christian Ebitz Maj Amy Subject: POI status (UNCLASSIFIED)Classification: UNCLASSIFIEDCaveats: FOUOChief Averhart,I wanted to touch base with you about a few questions that we have on policies, proceduresand status.1. MAX Custody procedures. I have been looking at the regulation regarding MAX custodydetainees and their movement and I have a few questions. The uniform section talks aboutdetainees being moved in the uniform of their service. Does this mean that PFC Manningshould be moved in ACU's rather than in the prison uniform? If the detainees should remainin their detainee uniform then do we have another Army detainee where we adhered to thesestandards. I would like to have some examples to cite to Defense for the reasons that wehave to move PFC Manning in his detainee uniform and why his restraints have to remain on.2. Determination of POI status. Defense has made a request that PFC Manning ?s statusbe reduced from POI to some other status where he is able to have more time outside orworkout in his cell. My understanding is that his status determination is made based on alist of factors including his charges, mental health and behavior. Since the Defense hasmade the request to lower his status it is something that we have to at least address. Isthere a lesser level of POI that PFC Manning could be moved to. If the recommendation of theBrig personnel is to have him remain on POI status that is fine, we just need to have itaddressed to the Defense counsel.3. Sunshine Call Logs. The defense counsel is concerned about PFC Manning's mental andphysical health in relation to his small amount of time outside. In order to combat anypotential Article 13 issues I would like to get a copy of the logs that show when PFCManning went outside and how long he stayed there. I know that he usually gets 20 minutesdaily but I need to have the logs that show that.Please let me know if any of these things need clarification. Thank you for your help.Manning Very Respectfully,CPT John B. HaberlandRegimental Judge Advocate3rd U.S. Infantry Regiment (The Old Guard)Classification: UNCLASSIFIEDCaveats: FOUOManningB_004-19809

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