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REQUEST FOR INVESTIGATION: Death of Sgt Alan Two Crow by
Thomas J. Van Norman, South Dakota State Representative
Posted by Maureen
Native News Online
October 31, 2002
Honorable Tim Johnson United States Senate
405 E. Omaha StreetRapid City, SD
57701
Via fax: 605-341-2207
Dear Senator Johnson:
We are writing again to request your help in obtaining an independent investigation of the untimely death of U.S. Army Sergeant Alan E. Two Crow, Military Police, at West Point Military Academy, New York. As you know, the Two Crow Two Crow family, the Cheyenne River Sioux Tribe, and I have all asked your help in obtaining an independent investigation conducted by the Federal Bureau of Investigation.
The Two Crow family, Tribal officials, and others traveled to West Point Military Academy, at the Tribe's expense (West Point did not pay for anyone's travel). We attended Memorial services held on 10-7-02, inspected the place where Sgt. Alan Two Crow's body was found--right on the Academy very close to a playground and family housing, and Tribal officials informally questioned Graig Meeks and Chris Burnham (two of the five persons allegedly last with Alan when he was alive).
After this visit, the reasons for an independent F.B.I. investigation of Alan Two Crow's untimely death have all been confirmed, and our concerns are even greater. There are now more unanswered questions that indicate even more clearly than before that Sgt. Alan E. Two Crow's death was the result of foul play. Investigators and others at West Point have proven by the failure of their "search" and shortcomings of their "investigation" that an independent investigation is absolutely essential. It looks more and more like a cover up of foul play.
To make matters worse, the Two Crow family still does not have a complete story of where Sgt. Alan Two Crow was last seen alive, the persons who were last with Alan, or how Alan really spent his last few hours alive. The Army Investigation Division has denied three requests for information by the Two Crow family. West Point has not provided any documents of the search or the four-day pass, or any missing persons report. Many questions remain unanswered. Some of these unanswered questions concern the following:
1. The Search On West Point Military Academy
First, numerous questions about the search remain vague or totally unanswered. West Point officials to date have not provided specific documentation of the search, have not stated who was responsible for the search (i.e., within who's purview it was), or the names of the personnel involved. West Point has never even offered to provide a copy of the initial missing persons report, which federal law commands the commander to transmit to the Secretary of the Army. Military Code of Justice, 10 U.S.C. Section 1502. The family request that immediately.Additional questions that the Two Crow family requests West Point Officials to answer in writing with specific details include:
Who reported Sgt. Two Crow Missing? What date and time was Sgt. Two Crow reported missing? Why was there no press release about his disappearance from West Point until the end of August-8-26-02? Who requested a search for Sgt. Two Crow? Why was a search of the woods requested? Who ordered the search to proceed, and who coordinated the search?Who established the search area, and from where did the search areas commence?Why wasn't the whole base searched? Who made that decision? Who supervised the search areas where Sgt. Two Crow's body was found (include names and contact information of personnel who participated in the search, names of personnel who searched the area where Sgt. Two Crow's body was found, number of canines)?What are the names and contact information of canine handlers? What were the areas where canines searched? What is the name and contact information of helicopter operator, documentation of where the helicopter searched?By search and by time and date, which persons conducted the search? How many searched at one time? What are their names and contact information?
2. The investigation following Sgt. Two Crow's disappearance.
What was the status, purpose, scope, quality of steps taken by West Point officials and its Criminal Investigative Division in investigating foul play, names and contact information of investigators and their qualifications to conduct homicide investigations) on or about July 12-14, 2002? Was there a fight in Meeks' apartment the weekend of July 12-14? Did CID ask if there was? Why was Meeks' apartment not searched? Why was Meeks' vehicle not searched until two months after his disappearance (i.e. before Alan's body was found -- according to West Point's 10-1-02 briefing)? Who contacted the Criminal Investigation Division at West Point, when, and why? Why has the Criminal Investigation Division at West Point failed to inform the Two Crow family about the stories and statements of the last people who saw Sgt. Alan Two Crow alive? Why didn't the investigators (MP's and CID) tell the Two Crow family of the names of the last people who saw Sgt. Alan Two Crow last alive from the time he was missing on or about July 12-14,2002 until the time Alan's body was found by civilians on the West Point Military Academy on September 21, 2002? Why haven't West Point Officials (MP's and CID) give the Two Crow family copies of the statements of the last people who saw Sgt. Two Crow Alive? The Two Crow family learned independently that U.S. Army Sergeant/MP Graig Meeks most likely was the last person to see Sgt. Two Crow alive --why is it that CID has never released his statement to the Two Crow family? Why did CID spend so much effort looking into the possibility of AWOL with the Two Crow family?Why reasons did West Point officials have to attack Alan's character and always claiming that foul play was not suspected? Did CID consider the possibility of foul play from the time Sgt. Two Crow failed to report to work? Why didn't CID attempt to verify Meeks' story about Sgt. Two Crow leaving on Saturday night 7-13-02 or Sunday morning on 7-14-02 (e.g., CID admitted they did not watch the movie "Platoon" that Meeks claims Sgt. Two Crow was watching with him, and which is only 1 hour and 59 minutes long. CID did not verify Meeks' story about picking his wife up at the airport, did not verify if Mrs. Graig Meeks had plane tickets, what airline, and when she finally did arrive)?
The time period --the time the last persons were with Sgt. Two Crow -- is absolutely critical as to the opportunity for an intentional or accidental homicide. Graig Meeks did not directly answer the question about the last time he saw Alan alive. Instead he turned away, his pupils grew large, he paused for several moments, and said "you'll have to ta1k to CID about that." When asked why, he responded that he was ordered not to talk about it "because they consider me to be a suspect." He did not attend the memorial service in West Point, and was not comfortable having his picture taken, and he did not stay around very long at the reception. Meeks should not be allowed to leave service of West Point until questioned by independent investigators.
3. Security of the Scene
Who was in charge of the security over Sgt. Two Crow's body and the surrounding area from the time he was found by civilians on through until the time forensic investigators arrived (names, rank, and contact information)? Who was present at the scene from the time civilian searchers left to the time the forensic team arrived? (Names, rank, and contact information for all personnel including security/MP's)?
All of the above questions raised should have documentation including times and dates. The Two Crow family requests West Point officials to explain why they have failed to provide this information as requested by the Two Crow family several times.
The Two Crow family renews and repeats their request to review statements of the persons that were allegedly with Sgt. Alan Two Crow the last time he was alive. These persons are believed to be: Captain Brian Locke (commander who stated several times that he issued a four day pass to Sgt. Two Crow), Sgt. Graig Meeks, Sgt. Chris Burbank, Mrs. Chris Burbank, and Sgt. Chris Burbank's sister-in-law, as well as one other male military person (name not yet disclosed to us, but believed to be Sgt. Burnham West Point nor CID has officially confirmed the names of the other three individuals. The Two Crow family also requests that investigators subpoena and review telephone and e-mail records for all of these people, as well as Alan's, including the time period from Friday July 12, 2002 to present. Therefore, the Two Crow family requests the Federal Bureau of Investigation to conduct an independent interview with Sgt. Graig Meeks, the other four persons, plus Captain Locke and Mrs. Graig Meeks.
4. The Autopsy
From the West Point autopsy the Two Crow family has learned that Sgt. Two Crow's only real injury was a neck injury, wherein his neck was twisted to the right. It was a stretching of the ligaments, and there was no break. Alan's head ended up at about a 110-degree angle to the right. Alan's body had no broken bones, which certainly must have occurred if, as alleged by West Point, that he somehow fell down in the way the claim. Those facts indicate the possibility of foul play. From the autopsy, the Two Crow family also learned that Sgt. Two Crow's body was missing his upper front right tooth. The tooth may have been knocked out in a struggle. It would appear from the type of injury, lacking any other injuries that would have been sustained based upon the assertion of a fall and the terrain surrounding the location of the remains, that foul-play would be the only viable explanation, rather than an accidental fall.
When reviewing the forensic photos of the body at the scene, there were significant discrepancies from our own documentation of the scene on the evening Alan's body was discovered by the group of civilians prior to the arrival of their investigators and the removal of the remaining civilians from the scene.
The Two Crow family requests the FBI to independently search for his missing tooth. On 10-1-02 the Two Crow family specifically requested West Point Officials and investigators to conduct a search of the area around where Sgt. Two Crow's body was found for the missing tooth. However, when the Two Crow family visited the site on 10- 7-02, it did not appear that this was done, and even if it was, a visual inspection by Tribal officials located a small white rock, the size of a human tooth in that area. That must have been missed. The area looked like it had not been combed for the tooth. Why wasn't the hillside combed for the missing tooth? Just another point showing the investigation was botched--and continues to be botched.
5. The Meeting on October 1, 2002 in Eagle Butte at the Super 8 Hotel Conference Room.
West Point officials present in : Col. Ann Horner, Lt. Col. James Rice, Captain Brian Locke, Major Carlos Huerta (Chaplain), Sgt. Veronica Hamlet, Robert Sirmunds, CID-West Point; and Lt. Commander Craig T. Mallak (CDR, MC, USN -Office of the Armed Forces -Medical Examiner) were all present. They handed out the attached "Information Briefing" (21 pages); Lt. Col. Rice stood in the front and center of the conference room, and led the presentation of the information using a flip chart and a map. but no pictures, and answered questions. Col. Horner, Lt. Commander Mallak, Captain Locke, and CID Agent Sirmunds also answered some of the questions. West Point officials have consistently exaggerated the area where Alan has found. West Point Officials stated that Alan Two Crow had fallen off a steep area, rough terrain, in a heavily wooded area within a vast amount of wooded areas. However, the Tribal Chairman noted that the area seemed level and open, and asked what was a vast area. West Point Officials responded 120 acres. Tribal officials felt that to be a ridiculous assertion as the Tribe manages an area containing 2.8 million acres, and original allotments of tribal lands for each tribal member ranged from 160 to 640 acres per person.
In the course of questioning the West Point and CID officials present, by their own admission we were advised that West Point did not, in fact, have the investigative technology or experience that may be expected.
Aside from the "Information Briefing" no documents were presented. The Two Crow family, numerous Tribal Officials, eyewitnesses who located Sgt. Two Crow's body on West Point, and I were also present. Questions were raised about the search. Answers from West Point were general and no supporting documentation was provided. Tribal officials, including Tribal detectives federally trained in homicide investigations, asked about the investigation. Responses between Lt. Col. Rice and CID Agent Sirmunds conflicted over the status of the investigation (open vs. closed); the scope of the investigation (accidental death vs. foul play); and whether the place where Sgt. Two Crow's body was found was a crime scene (CID Agent Sirmunds said yes, Lt. Col Rice said no). In addition to much of the discussion surrounding this case, CID and West Point indicated that they were unaware of this information prior to the meeting, information that was willingly offered and readily available but which they failed to either obtain or document. These and other responses showed that the investigation was not thorough, and many questions were answered without reasons from CID for doing what it did, or failing to do what it should have done to preserve evidence. This resulted in confirming reasonable suspicions that foul play was involved in Sgt. Alan Two Crow's death. This continues to be the case here.
A general flow chart/briefing document was presented, but no documents aside from that were presented. No photographs were presented. Details of the site where Sgt. Two Crow's body was found appeared to be exaggerated by West Point Officials. In short, the 10-1-02 meeting raised more questions, and answers lacked specificity.
Why haven't West Point Officials provided documentation of the search grids and reports of the search by military personnel (the Two Crow family requests copies of same)? Why do West Point Officials refuse to provide names and contact information of persons who searched despite repeated requests from the Two Crow family and Tribal Officials? Why did West Point officials claim on 10-1-02 that the place where Sgt. Two Crow's body was found never was a crime scene while the CID agent present gave a conflicting statement that it was considered a crime scene?
6. Examples of Shortcomings of the Criminal Investigative Division at West Point.
CID only has three officers at West Point, two of who made prejudicial remarks to Two Crow family members. It is not clear that they have any experience in murder investigations or in preserving crime scenes. The Two Crow family wants copies of their investigative credentials, including qualifications to investigate murder scenes. West Point officials Lt. Col Rice and Col. Ann Horner insisted that CID is separate and that neither of them has control over CID. However, their rank is far higher than "Chief" Sirmunds, and reasonable doubts remain about how much independence these three CID investigators really have from West Point officials.
What is the chain of command for CID? Who from West Point Command and/or MP has contacted CID at West Point, and DC? When and why? West Point CID Investigator Murel questioned Donald Two Crow, Alan's father, who has the same last name, and asked how Donald Two Crow could prove he was the father of Sgt. Alan Two Crow. She even asked Donald Two Crow if he had paternity papers, and this conversation was witnessed by an Army officer at Ft. Meade, South Dakota.
The Two Crow family requests a written explanation for CID Investigator Morrell's conduct and statements.
Three men and two women have been reported to be with Sgt. Two Crow the last night he disappeared. These are allegedly Graig Meeks, Chris Burbank, Mrs. Chris Burbank and Chris Burbank's sister-in-law plus one other male military person. However, their stories appear to conflict. Statements of these individuals to CID and/or MP's have never been provided to the Two Crow family, any other Two Crow family representative, or any Tribal official or any elected state of federal official from Sgt. Two Crow's home state of South Dakota. Three F.O.I.A. requests have been denied so far.
None of the persons who were allegedly last with Sgt. Two Crow reported him as missing. Rather, West Pont officials claim that they first knew he was missing when he failed to return to duty on Tuesday7-16-02. That is suspicious, and the Two Crow family's requests for copies of their statements have not been honored. Neither has a copy of the four-day pass allegedly issued been provided.
The CID did not do interviews on the whole MP squad. The Two Crow family wants a written explanation as to why not. These interviews need to be done by trained professionals who are independent of West Point pressures. The Two Crow family request that this be done. In addition, the Two Crow family requests that your office and the F.B.I. instruct and caution West Point not to transfer or reassign any MP's or other personnel who were involved in the search, the investigation, or who were last with Sgt. Alan Two Crow when he was alive until they have been interviewed by the F.B.I.
Sgt. Graig Meeks' new apartment was not searched. CID Agent Sirmunds did not explain or give an answer for this failure. Sgt. Graig Meeks' car was not searched until some two months after Sgt. Two Crow disappeared. Similarly, CID Agent could not provide an answer for this.
Other areas of concern that need to be addressed include:
-the treatment of Sgt. Two Crow's Two Crow family by Criminal Investigation Division personnel; -the continued lack of information and cooperation from the investigators at West Point; -the continued lack of written information from West Point Officials; and -the failure of West Point Officials to honor their agreement that they would invite the F.B.I. to investigate.
7. The Alleged Four-Day Pass
The Two Crow family, Tribal Officials, and I requested a copy of the alleged four-day pass reportedly issued by Captain Brian Locke, on numerous occasions, and West Point has never provided it. For example, the request was made during the 9-24-02 telephone conference between family members, family representatives, and West Point Officials; at the meeting/briefing at the Super 8 Hotel in Eagle Butte on 10-1-02; and at the reception following Sgt. Two Crow's wake at West Point on Monday October 7, 2002 when Captain Locke stated that there was such a pass issued, and that he signed it; during the meeting at West Point on 10-8-02 in Col. Horner's office with Lt. Col. Rice and Captain Locke, Capt. Locke reiterated this. However, following that meeting outside MP Headquarters, Captain Locke contradicted this claim and stated that the pass may not have been signed, but given verbally as he sometimes did. This assertion is highly doubtful given military protocol and his earlier statements, not to mention, simple common sense. To date this document has not been provided, despite being referenced in the "Information Brief" distributed by West Point Officials in Eagle Butte on 10-1-02, and Captain Locke's statements that it existed and that he signed it. In fact, the information brief is the only document provided directly to the Two Crow family by West Point Officials, and it is extremely vague and lacking in detail. Since the document was produced by West Point Officials from information in their possession about the search and the "investigation" the Two Crow family requests assistance in obtaining all background documents that were used or referred to by West Point in generating the "Information Brief."
8.Inventory of Sgt. Two Crow's Apartment/Personal Possessions/Violation or Federal Laws
The inventory of Sgt. Alan Two Crow's possessions also raises questions. The Two Crow family wants to know why Captain Locke inventoried Sgt. Alan Two Crow's possessions personally, why there was no date on the paper, and why the list was informal (hand-written on loose leaf paper and untyped). The Two Crow family also wants to know why the eagle feathers belonging to Sgt. Two Crow are not on the inventory list. The Two Crow family is aware of federal law making it a crime to possess eagle feathers without a permit (see, e.g., 16 United States Code Sections 668, 668a, 703, 1540(d), 3375, and 7421) and seeks the involvement of the federal authorities investigating the theft and recovery of these eagle feathers. The Two Crow family seeks Congressional assistance in having the eagle feathers returned.
9. Investigating Allegations of Prejudice and/or Racism
The Two Crow family wants to know if Captain Locke has had Congressional investigations or investigations or complaints against him filed with the E.E.O.C. office regarding allegations of denial of equal opportunity in hiring, training, promotions, and prejudice and/or racism while he served in the United States Army .
10. Request for Sgt. Two Crow's Military Personnel File and Military Record
The Two Crow family also requests a copy of Sgt. Two Crow's complete Personnel file and military record, including names of persons involved in recommending his promotions, decorations, and honors, including his M.R.P. jacket.
11. The Two Crow family's Request for Independent Investigation by the F.B.I.
This is the most important request from the Two Crow family. The Two Crow family wants the FBI to conduct and independent investigation of Alan's death. The FBI should coordinate and work with the Tribal Detectives and the Tribe's Legal Department during its investigation. The Tribe has committed the resources of the Tribal Council, Tribal Chairman's Office, Tribal Secretary's Office, Tribal Treasurer's Office, Legal Department) Tribal Law Enforcement) and the efforts of countless Tribal members to helping locate Sgt. Alan Two Crow, assisting the Two Crow family with wake and funeral services) assisting the Two Crow family in obtaining a second autopsy, and sending Tribal Officials and Two Crow family members to the 10-7-02 memorial services held at West Point Military Academy, New York. This involvement is growing stronger daily in the effort to have the F.B.I. conduct an independent investigation. On Tuesday 10-1-02 in Eagle Butte, West Point officials, Col. Ann Horner, Lt. Col. Rice, Captain Locke promised the Two Crow family, and tribal officials that West Point would request the F.B.I.'s assistance, and CID Special Agent "Chief" Sirmunds also agreed. West Point acknowledged that the FBI offered assistance in the briefing they presented on 10-1-02. Now West Point needs to honor this agreement and formally invite the F.B.I. to independently investigate the circumstances and death of Alan Two Crow. If this is not done in writing immediately, it will raise serious questions about the integrity and honesty of these West Point officials. The Two Crow family therefore insists that West Point officials request the F.B.I. to investigate in writing immediately, with a copy to the Tribe and the Two Crow family. In addition, emails from Lorrie Dinsmore indicate that State officials were invited in. The Two Crow family wants documentation of all State officials and FBI officials that CID has been in contact with on this matter since July 12. 2002. This request for an investigation is supported by Sioux Nation Tribes in South Dakota, and by the undersigned State Representative.
Fellow soldiers from the West Point Academy have come forward, and there are indications that there was "coaching" between those who were last with Alan that evening prior to them giving their statements. The soldier's own uneasiness in coming forward has increased suspicions of foul play, along with an anonymous email. This has furthered our frustration because West Point has never provided copies of any statements, and has failed to honor their agreement to an independent investigation. Your Office's continued support and assistance is needed to have the Two Crow family's request and very much appreciated by all of us.
Sincerely,
Donald Two Crow, father and Chaplain, Cheyenne River Lakota Akicita Okolakiciye (Warrior Society) And Veteran U.S. Army E-1 (Germany 1979-1981) P.O. Box 963Eagle Butte, SD 57625
Home phone: 605-964-6656; Daytime message Phone: 605-964-6686; and
Thomas J. Van Norman, South Dakota State Representative
Phone: office 605-964-6686; cell phone: 605-365-6011
Click here for the 'Information Brief' (unedited) given to those who attended the meeting with West Point and CID officials in Eagle Butte on 10/1/2002 referenced in Rep. Thomas J. Van Norman's letter to Sen. Johnson dated 10/31/2002. (It was presented in 17 pages, landscape, 30 plus font; however, it can easily be summarized in one page.)
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