Overview
Defense counsel interrogates Colonel Jessep in court regarding William Santiago's transfer and subsequent death, ultimately leading to Jessep's confession of ordering the "Code Red," resulting in his arrest.
Witness Introduction and Background
- Colonel Nathan Jessep identified as commanding officer at Guantanamo Bay, Cuba.
- Confirmation of Colonel Markinson's death and acknowledgment by Jessep and the court.
- Initial questioning focuses on orders given regarding Santiago after his transfer request.
Orders Regarding Santiago
- Jessep ordered Lt. Kendrick that Santiago was not to be touched.
- Jessep ordered Markinson to arrange Santiago's immediate transfer off base.
- Reason provided: Jessep felt Santiago was in "grave danger" following his letter.
Transfer Logistics and Physical Evidence
- Transfer order for Santiago cosigned by Jessep and Markinson, scheduled for 0600, the first flight off base.
- Examination of packing habits: Santiago had not packed any belongings or made phone calls about his transfer.
- Jessep himself packed for a short trip and made several calls before leaving, in contrast to Santiago’s behavior.
Telephone and Flight Records
- Telephone records indicate Santiago made no calls upon being told he was being transferred.
- Defense presents tower logs showing no earlier flight as would have been needed for secret transfer.
- Defense plans to call airmen as rebuttal witnesses regarding the flight schedule.
Interrogation on Orders and Unit Obedience
- Jessep insists his orders are clearly understood and always followed in his unit.
- Questions raised about why a transfer was needed if orders to protect Santiago were clear and always followed.
- Jessep contradicts himself, first asserting strict obedience, then suggesting men sometimes act independently.
Confession and Outburst
- Under pressure, Jessep admits he ordered the "Code Red" against Santiago.
- Outburst ensues, Jessep justifies his actions as necessary for national security.
- Court moves to dismiss members and place Jessep under arrest for his actions.
Decisions
- Jessep ordered the "Code Red" on Santiago.
- Jessep is placed under arrest and advised of his rights pending trial by court martial.
Action Items
- TBD – Defense: Call Airman O'Malley and Airman Rodriguez as rebuttal witnesses.
- Immediate – MPs: Guard and detain Colonel Jessep.
- Immediate – Court: Move to Article 39A session after dismissing court members.
Key Dates / Deadlines
- Transfer order scheduled Santiago for the 0600 flight following his letter.
- Markinson died two days prior to Jessep's testimony.
Questions / Follow-Ups
- Whether further investigation into the actions of other officers is warranted.
- Outcome of upcoming Article 39A session and further legal actions.