Verdict Details

Here's a breakdown on the military jury's findings with respect to the various counts.  Interestingly, Smith was found not guilty on all counts related to the incidents involving detainees Mohammed Bollendia and the "General," Kamel Miza'l Nayil, but he was found guilty on counts involving the detainee Asraf Abdullah Al-Juhayshi (" A.Q."). 

 

It's hard to divine what might explain these different outcomes, though the testimony during the trial suggested the incident involving Al-Juhayshi was during an an interrogation whereas the incidents involving Bollendia and Nayil might be characterized as having occurred during detention operations, and hence less clearly prohibited.  This of course brings up the unsettling lack of clarity between military intelligence (MI) and military police (MP) operations, with neither area seemingly knowing the rules of the other, yet working together.  When were "detention" operations in the service of "interrogations?"  No one seemed to know and this ambiguity appears to have sown many of the problems and been exploited to abusive ends.  Maj. Gen.Taguba criticized this very structure of blending MP and MI responsibilities, which Maj. Gen. Miller had recommended for use at Abu Ghraib and thereupon implemented, in both his 15-6 investigation and before Congress.  However, as has been well-documented but did not come out at the trial, the interrogations of Al-Juhayshi were closely monitored by folks all the way up to the Pentagon.  In addition civilian contractors appeared to wield significant control over the interrogation of Al-Juhayshi during the time of the dog incident, yet their role has not been properly addressed in a court of law either.

 

From: US Army Military District of Washington Public Affairs Office

Court Martial Results for Sgt. Michael J. Smith

CHARGE I:  VIOLATION OF THE UCMJ, ARTICLE 93  (Maltreatment)  GUILTY

  Maximum penalties:  Dishonorable Discharge; Forfeiture of all Pay and Allowances, and Confinement for one year for each specification.

SPECIFICATION 1:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on divers occasions between on or about 15 November 2003 and on or about 15 January 2004, did maltreat multiple detainees, persons subject to his orders, by directing, encouraging, or permitting his unmuzzled military working dog to bark and growl at detainees in order to unlawfully harass and threaten the detainees and in order to make the detainees urinate or defecate on themselves. Not Guilty

SPECIFICATION 2:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 12 December 2003, did maltreat Mohammed Bollendia, a person subject to his orders, by harassing and threatening Mr. Bollendia with his unmuzzled barking and growling military working dog . Not Guilty

SPECIFICATION 3:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between or on about 29 December 2003 and on or about 3 January 2004, did maltreat Mr. Ashraf Abdullah Al-Juhayshi, a person subject to his orders, by harassing and threatening Mr. Al-Juhayshi with his unmuzzled barking and growling military working dog. Guilty

SPECIFICATION 4: In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between on or about 15 December 2003 and on or about 15 January 2004, did maltreat Mr. Kamel Miza'1 Nayil, a person subject to his orders, by harassing and threatening Mr. Nayil with his unmuzzled barking and growling military working dog. Not Guilty

SPECIFICATION 5:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 13 January 2004, did maltreat two juvenile detainees, persons subject to his orders, by harassing and threatening them with his unmuzzled barking and growling military working dog. Guilty   

CHARGE II:  VIOLATION OF THE UCMJ, ARTICLE 81  (Conspiracy of Maltreatment) GUILTY 

Maximum penalties:  Dishonorable Discharge; Forfeiture of all Pay and Allowances, and Confinement for one year for each specification.

SPECIFICATION 1:  In that Sergeant Michael J. Smith, U.S. Army, did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between on or about 15 November 2003 and on or about 15 January 2004, conspire with Sergeant Santos Cardona, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinate detainees, and in order to effect the object of the conspiracy the said Sergeant Smith directed, encouraged, or permitted his unmuzzled military working dog to bark and growl at detainees in order to make the detainees urinate or defecate on themselves. Guilty

SPECIFICATION 2:  In that Sergeant Michael J. Smith, U.S. Army, did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between on or about 15 November 2003 and on or about 15 January 2004, conspire with Staff Sergeant Ivan L. Frederick, Corporal Charles Graner, and others, to commit an offense under the Uniform Code of Military Justice, to wit: maltreatment of subordinate detainees, and in order to effect the object of the conspiracy the said Sergeant Smith directed, encouraged, or permitted his unmuzzled military working dog to bark and growl at detainees in order to unlawfully harass and threaten the detainees. Not Guilty

CHARGE III:  VIOLATION OF THE UCMJ, ARTICLE 92  (Dereliction of Duty) Guilty

Maximum penalties:  Bad Conduct Discharge; Forfeiture of all Pay and Allowances, and Confinement for six months

THE SPECIFICATION:  In that Sergeant Michael J. Smith, U.S. Army,who knew or should have known of his duties at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on divers occasions between on or about 15 November 2003 and on or about 15 January 2004, was derelict in the performance of those duties in that he willfully failed to properly handle his military working dog and willfully failed to utilize his military working dog solely for authorized purposes, as it was his duty to do, in that:  GUILTY

1.           Used his military working dog in such a manner that only served his purpose to frighten detainees.

2.           Allowed his unmuzzled dog to get within an unsafe distance of the detainees.

3.           Failed to prevent, and then failed to properly report, dog bites and other serious incidents.

4.     Used his military working dog in such a manner that interfered with interrogation operations.  Charge was dismissed during a motion's hearing. 

5.      Used his military working dog in such a manner which bodily injury was a foreseeable and reasonable consequence to fellow soldiers.

6.       Did not perform assigned patrol duties for the specified length of time or in the specified  locations.

CHARGE IV:  VIOLATION OF THE UCMJ, ARTICLE 128   (Aggravated Assault)  GUILTY

Maximum penalties:  Dishonorable Discharge; Forfeiture of all Pay and Allowances, and Confinement for three years for each specification.

SPECIFICATION 1:  In that Sergeant Michael J. Smith, U.S. Army, did, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 12 December 2003, commit an assault upon Mr. Mohammed Bollendia by unlawfully threatening him with a means or force likely to produce death or grievous bodily harm, to wit: an unmuzzled military working dog. Not Guilty

SPECIFICATION 2:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between on or about 15 December 2003 and on or about 15 January 2004, commit an assault upon Mr. Kamel Miza'1 Nayil by unlawfully threatening him with a means or force likely to produce death or grievous bodily harm, to wit: an unmuzzled military working dog. Not Guilty

SPECIFICATION 3:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, between on or about 29 December 2003 and on or about 3 January 2004, commit an assault upon Mr. Ashraf Abdullah Al-Juhayshi by unlawfully threatening him with a means or force likely to produce death or grievous bodily harm, to wit: an unmuzzled military working dog. Not Guilty as charged, guilty of the  lesser included offense of assault

SPECIFICATION 4:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 13 January 2004, commit an assault upon two juvenile detainees by unlawfully threatening them with a means or force likely to produce death or grievous bodily harm, to wit: an unmuzzled working dog. Not Guilty

CHARGE V:  Violation of the UCMJ, Article 134   (Indecent Act with Another) GUILTY 

Maximum penalties: Dishonorable Discharge; Forfeiture of all Pay and Allowances, and Confinement for five years.

THE SPECIFICATION:  In that Sergeant Michael J. Smith, U.S. Army, at or near Baghdad Central Correctional Facility, Abu Ghraib, Iraq, on or about 15 November 2003 and on or about 15 January 2004, wrongfully commit an indecent act with Sergeant Jay Burr and Specialist Jennifer Scala, by having his military working dog lick peanut butter off of genitals and Specialist Scala's breasts as Sergeant Burr videotaped these acts.  Guilty

 

Note:  If sentencing includes confinement of more than 6 months; or confinement of 6 months; or less and a dishonorable; or bad conduct discharge, an automatic reduction of rank to E-1 and a Forfeiture of all Pay and Allowances is imposed. (Pursuant to Article 58b-Sentences)