ADDENDUM TO PREPARED STATEMENT BY CHARLES AND ANNETTE CASTO

Mr. Chairman and Members of the Subcommittee on Personnel: Attached are: a. Copy of oral testimony referenced flowchart that may have not been attached. b. Copy of x-ray FOIA request letters that were referenced during response to the question asked by Senator Kempthorne.

c. Copy of an additional FOIA example wherein the replies are inadequate. d. DÓD panel comments:

1. Ms. Hill provided discussion of DOD Inspector General actions taken for Section 1185 reviews done; the specific point of working to resolve/respond to familial concerns-we voice concerns, yet we are not necessarily "expert investigators" and re-review should be "complete" with respect to what it should have encompassed/been done originally. Family concerns identified should not be a “limit” which was the perception given. Additional review/ evaluation/investigation effort should be complete and address "CORRECTIONS MADE as well as ERRORS”. Families want to know what is or will be done to correct deficiencies.

2. Ms. Hill also addressed an internal Inspector Board Review set up to insure integrity of Section 1185 review efforts. Query: What are published guidelines/membership? Are validation results concurred informally ap proved by board members? This area is not addressed in the Jan 96 Inspector General Report provided.

3. In discussion, Mr. Nedrow, NCIS, made the point that a Psychological Autopsy was done at the request of the Medical Examiner. Full disclosure of the information obtained from the Medical Examiner, Armed Forces Institute of Pathology, and Naval Criminal Investigative Service does not contain or reference this action. How is this requested; documented; and results concurred in by the requestor? (Other investigative materials are not necessarily used by the Medical Examiner in drawing conclusions regarding manner and cause of death).

4. In discussion Mr. Nedrow, NCIS, also made the point in discussion of investigation methodology and cognizance that the basic approach was to review material, identify facts, and state opinion. This approach implies that no action to resolve conflict/apparent issues is taken, or even to document

recognition of conflicts that feed into overall investigative results and reports.

Additional information submitted for the record:

During the hearing, several parents complained about the bureaucratic runaround they experienced when attempting to obtain documents from the military. The attached correspondence provides an example of that bureaucratic shuffle regarding Mr. Charles Casto's attempts to obtain copies of x-rays pertaining to the death of his son.

The second set of documents demonstrates the lack of responsiveness to Mr. Casto's request for copies of recommendations made by the Commanding Officer, Marine Barracks, Sasebo. In response to Mr. Casto's complaints about the process for inventory and disposition of their son's personal effects, the commanding officer had written the Casto's stating that he had made recommendations to change policies. The Castos asked to see the recommendations the colonel had actually made. After repeated requests, the Castos have yet to receive a reply which includes the recommendations the commanding officer stated he had made. This fueled the Castos suspicion that no such recommendations were ever made and no changes have actually taken place to prevent future problems in the inventory and disposition of personal effects.

[Additional information is retained in committee files.]

PREPARED STATEMENT BY RICHARD N. CARNEVALE, SR., FATHER OF LCPL RICHARD N. CARNEVALE, JR., USMC

Mr. Chairman and Members of the subcommittee I would like to start by saying that the case I present before you is an old one. Still, despite all that was stated in the physiological autopsy, there are still a lot of unanswered questions that arouse suspicion.

Everything started on a street in Jacksonville, N.C. Feb. 14, 1982. Richard was arrested for fighting and drinking, put into a military van and was never seen alive again. His body was discovered 46 hours after the incident, hanging from the handle of a soap dish in the shower of his room.

A black onyx ring that did not belong to Richard, but rather to his room mate, was among his belongings. How did it get crushed and why was it sent to me?

Why was Sgt. Cook sent to Hawaii right after the incident, while Hammond only had his room changed?

Why did it take so long to interview Sgt. Cook? Why was Jerry Delacey, who lived across the street from Richard in Upper Derby and on the same base sent to California the next day?

The room was not dusted for finger prints as stated in the report because Sgt. Cook upon leaving knocked everything over and destroyed a crime scene. Despite why he said he did it, it looks suspicious.

The NIS file did not contain original photographs or negatives of the area where Richard was found or of the autopsy.

After a suicide, you would think all the records would be intact and you would have easy access to them. The important ones are either lost or destroyed, There are pictures of the crime scene but the ones of the hanging are not there.

There are no military reports on approximately 46 hours of missing time before finding his body.

The report states that the military police did not like Richard and they took him in for taking a sip of liquor and a loud muffler while driving on the base. He was not drunk and the officer in charge chewed them out. Were they the same police who assisted him out of Jacksonville?

Cpt. Dickinson: Regarding his assumption in his report of inquiry in the JAG manual that LCPL Carnevale had been released to his own recognizance from the military police, this was based on the fact that the M.P. Jacksonville police nor the staff duty NCO had no record of the incident. If the M.P. had returned LCPL Carnevale to his unit, he would have been released to the staff duty NCO and a log entry would have been made. So, what happened? Did he just disappear for 46 hours?

The report states over and over again that Richard would get drunk and talk of suicide. He got little help. He was recommended for a discharge, but he didn't get it. Being diagnosed as having a passive aggressive personality disorder, he got a promotion instead. He told his Aunt Claire that they wrote his discharge on a piece of toilet paper.

The time of death was estimated between 12 and 48 hours. There is a long period of time between 12 and 48 hours that isn't even close.

Richard's blood alcohol level was zero. Despite what the report says about too much time passed and that was the reason why it was zero. For all the drinking that they said Richard did there should have been a trace of alcohol.

No drugs were found in his body, but yet he was given medication for his tooth. The medication he took does not mix well with alcohol. If you are depressed, it will only make you worse.

The report states that Richard spoke of killing himself when he was drinking. Yet, LCPL Boylen states that there was no alcohol in LCPL Carnevale's room to

consume.

As explained by my lawyer, Garry Hurwitz on the Bulletin with Larry Kane TV show, he would have taken a necktie that is 5 feet long, tied it to the handle of the soap dish, put it around his neck extending his feet straight out and lowered himself to the floor with his legs straight out and hold that position. Bear in mind that Richard was 5 ft. 11 in tall and his buttocks were only 15 centimeters from the floor. I find this quite difficult to do, being sober.

The report states the light was out in the bathroom. If it was out, then how do you see what you are doing.

Why would Richard eat a pizza and then decide to kill himself?

I can't find the first report. That is the one with the autopsy report. I would like to know if pizza was in his stomach. If it wasn't, then someone else was in the room. Richard revealed to Jerry Brough and Jerry Sullivan, that he was afraid to go back to base because he knew too much about drug dealings. The report states only a few marines were smoking pot and there were no drug dealings. Pot is exactly what he mentioned.

Where did it come from? How did it get on base?

Sgt. Cook also states that people were known to have been missing or showed up dead due to drug dealings at that time.

Richard told Debbie Grisafi Nee Debbie Johnston many marines were found dead in the river and when she asked Richard about it, he said it happened before. He told her that marines end up missing because the town people could not stand marines. Debbie said she also heard it on the news.

Debbie Grisafi was told after Richard's death not to come to New River. Sgt. Kearns and Hammond told her it was too dangerous. They told her they were ordered not to talk about Richard's death and that he didn't kill himself.

According to Debbie Grisafi, Richard was not a rowdy. He did not use drugs and they only drank beer on the weekends if friends Sgts. Kearns and Hammond came by.

Jones funeral parlor in Jacksonville states there were no marks on the body and if his hands had BB holes, the embalming fluid would come out and furthermore he will not show us his records, If I want to see them, I will have to subpoena him to do so.

The Robert D'Anjoell funeral home located in Philadelphia, Pa. told the investigators that they didn't see any marks on the body. We all saw marks. Family, friends and neighbors alike. My sister touched Richard's nose and she said it felt loose. There was a long "stick-like" mark across his forehead, Those who viewed the body in the shower including the CPT. and medical examiner said the same: NO MARKS. The D'Anjoell funeral home forgot about a letter they wrote 12 years ago. It verified what I said. They stated his head was bursted, his hands were distorted and his eyes were a different shade. When they found out I had the letter, they suddenly did not remember anything. Funny thing though, they didn't have a lapse of memory when the investigators were there.

After all that was said and done, people who Richard considered good friends, guys he drank beer with on the weekends, the very same guys who told Debbie he didn't do it and it was too dangerous to come to New River and that they were not allowed to talk about the case, have all changed their mind since talking to the Government investigators.

Mr. Hammond's ring is still at the law office of Garry Hurwitz. All he has to do is call, it will be returned to him.

I wish to thank the committee for letting me present my case, I do appreciate your valuable time and efforts.

PREPARED STATEMENT BY DON O. EVANS, FATHER OF SR STEPHEN PAUL EVANS,

USN

Mr. Chairman and Members of the Subcommittee: I am sending this written statement to become a small part of the printed record of these proceedings. This

is a statement not only from the heart of a father who has not seen or heard from his son in 7 years and cannot completely bury that son, but also from that son. We need to give Stephen's voice a means to be beard.

SR Stephen Paul Evans [information redacted and retained in committee files] disappeared off the U.S.S. Lockwood between 2330 18 Nov. 89 and 0100 19 Nov. 89 without a trace. At that time, I lost my son and entered into a world that no parent should ever have to deal with, the DECEITFUL arena of the UNITED STATES NAVY and in protection of that group the UNITED STATES GOVERNMENT.

I have, in my possession, the results of the NAVAL INVESTIGATIVE SERVICE both NIA and JAG. All pertinent Documents and Interviews have been reviewed by myself and others who have no interest in the disposition of my son's case, we all concur that there is no hard, clear cut evidence that my son committed suicide.

If you had known Stephen, you also would stand firm in the belief that Stephen would not and could not take his own life. Stephen had a deep and abiding faith in God and he knew that it was and is a mortal sin against God and man to take your own life. Stephen was filled with a strong determination to become a Doctor so he could help ease the pain and suffering of his fellow man.

I respectfully submit to you that the Psychiatrist and Psychologist took only certain statements from a few of my son Stephen's shipmates about Stephen being quiet, that he didn't talk very much to anyone and that he was tried from his work schedule, some personal writings, notes to God, and three letters. All this was supplied by Naval Investigators. How do they come to the conclusion of a suicide from people who only knew Stephen for 30 short days? How can anyone understand a persons private emotions or how they deal with stress or with private or professional issues in just 30 days.

How can any investigation end without talking or interviewing Stephen's brother, Brian Evans, or Stephen's best friend, David St. Onge? How could this investigation end without their information and insight into Stephen's emotions? These two young men knew Stephen better than anyone, yet the Naval Investigator never interviewed either of them.

Why in interviews with three shipmates, Bradford, Young, and Hall, do their statements change? In one statement, they say they were in the barbershop prior to 0115 giving each other hair cuts and that they went topside to smoke a cigarette; yet, in their other statements, only one of them mention the barbershop and none ever mention smoking a cigarette. The other two make statements about going topside to watch the stars and make up poems. These statements seem only to confuse this matter. Would they or could they be covering up something? Could they have seen or done something to Stephen?

While in St. Louis in 1990, I contacted the V.A. Center, where all the information for the Armed Forces is on file. I talked to a Mr. Donaldson about getting any information he might have in their files about Stephen. Mr. Donaldson checked and informed me that there was no record of one Stephen Paul Evans [information redacted and retained in committee files] ever having served in any branch of the armed forces. I contacted Mr. Donaldson regularly over the next 22 years and finally they had a file on Stephen. Why did it take 31⁄2 years for that file to show up?

After 7 long years, I still have many unanswered questions. How could a young man who had worked on an Alaskan fishing boat, fished, boated and was an expert swimmer commit suicide by drowning? Why did he leave his wallet behind? Why didn't anyone hear anything? Why did he send his mother the money for his truck payment the same night he disappeared? Why, when my 19-year-old son was just embarking on his life's goal would he take his own life? Why were there statements made to the Naval Investigator from shipmates who were supposed to know Stephen, saying he wanted to be a pilot? Why and how did my son disappear?

Why, after 7 years, when I ask about any list of items of Stephen's that were on board ship, such as civilian clothes, dog tags, military I.D. card, etc., am I told the Navy does not have any of that information. I would think that a list of those items would have been important to any investigation.

In 1776, Nathan Hale made a statement that has stood through time, “I regret that I have but one life to lose for my country." In reading this statement, you understand that this man loved his country and gave his life for her. I can no longer feel that way about my country, I regret that my son's life was given or taken in peace time for this country. Seven long and painful years later and I would like to know the truth about what happened to my son. If there were any solid evidence to prove suicide, I could except that, but I don't feel I will ever have all the answers. Until I have the answers, I can no longer believe what the U.S. Government or the U.S. Navy tell me concerning my son's death. It is time our Government is held

accountable for the unexplained deaths and disappearances of our sons and daughters who have served their country. You cannot condemn them all to death by suicide. It is time that they were investigated properly. Maybe it is time for the American people to become the police of the Military. We can no longer allow the military to policy itself and cover anything it wants up.

I would like to thank you for allowing me this time. I know you will do what you feel is right. May God and your conscience guide you in this task and I would again like to thank you for giving me this time and also for taking the time to look into these matters. This shows that someone cares about the people left behind trying to find the answers in all the red tape.

PREPARED STATEMENT BY MARY J. GALLAGHER, MOTHER OF SA TODD A.

GALLAGHER, USN

My Son, Seaman Apprentice Todd A. Gallagher, was stationed aboard the U.S.S. Oliver Hazard Perry which was docked at the Philadelphia Naval Base.

On June 1, 1992, Todd was at the enlisted club on base. At approximately 11 p.m. Todd got into an argument with sailors from another ship. Todd was ejected from the club. He never returned to his ship after leaving the enlisted club. Several hours later he was found dying, he was taken to Thomas Jefferson University Hospital. Todd had two hematomas, one on each side of his head, he had a laceration on his forehead, a broken pelvis and severe injuries to his right leg. Todd was pronounced brain dead on June 3, 1992.

Dr. Neil O'Malley who treated Todd stated to Naval investigators that Todd had probably been beaten with a blunt instrument. He also stated that such serious injuries to the head an lower extremities at the same time are not likely to occur from a fall.

The NCIS report concluded that Todd's death was "PROBABLY AN ACCIDENT”. They maintain that Todd's death resulted from a fall or jump of 60 feet.

The sailors, who Todd had an argument with just hours before he was found dying, were not required to take a polygraph or verify their actions after leaving the enlisted club. Todd's clothes were covered with grass and mud stains, as if he had been dragged. His right leg was brush burned from thigh to waist. One shoe was on Todd's foot the other on the roof as if it had been tossed there. The investigators stated that the ladder leading to the roof had left paint chips on their clothes and hands. Todd did not have any paint chips on his hands or clothes. It was stated that there appeared to be blood smeared on the side of a dumpster, as if someone had wiped their hands on it. This was never followed up on. The footprints on the roof did not match the shoes Todd was wearing. This is just some of the deficiencies in Todd's investigation.

My son was denied his right to have a thorough investigation into his death. We as Americans are entitled to have this right.

PREPARED STATEMENT BY ARLENE BALL, MOTHER OF PFC JAMES V. GARDNER,

USMC

Members of the committee: Thank you for giving me this opportunity to present testimony for the purposes of this hearing. If any of you actually read this, I would appreciate a postcard stating that. If I don't hear from you, you will hear from me, each of you, personally.

My son, PFC James V. Gardner, USMC, [information redacted and retained in committee files] died October 1, 1991 at the Bangor Naval Subbase at Silverdale, Washington, where he was waiting for final approval on his security status. His death was ruled by the NCIS (NIS at the time) to be self-inflicted. I believe that it is possible that he killed himself, that he was capable of such an act and I feel in my heart that it is not only possible, but probable. I also believe it is possible for every member of this committee to commit suicide. It is, to my way of thinking, a natural part of the human condition. I sorrow for my son not because he may have shot himself, but because he is dead. The horror that he may have been murdered is no less than the horror of suicide. The fact remains that he is dead. I mourn him every day and will until the day I die.

Despite my ability to accept suicide as an option (for want of a better word), I am a part of this movement and feel driven to speak out because of the nature of the initial investigation into his death. These are the specific problems I have with the investigation: