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Unofficial transcript: Day 4, Session 3

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                  SESSION 3 -- DAY 4



     MORNING SESSION    March 8, 2001    10:45 a.m.



                VADM NATHMAN:   Counsel before we 



get into re-cross examination, I think it's important 



--



                CAPT MACDONALD:   Let me announce -- 



                VADM NATHMAN:   Yes, please.



                CAPT MACDONALD:   Let the record 



reflect that all members, parties, and counsel are 



all present.  I remind everyone to speak slowly and 



into the microphones, Mr. President.



                VADM NATHMAN:   I want the parties to 



understand, I want the counsel to understand that we 



think it's important that -- and we believe it's very 



important for the counsel and the parties and the 



court to understand that the members are still in the 



discovery phase of facts.  



      I believe you saw in the members redirect, our 



open concerns about the many factors that may have 



contributed to the events of the Greenville on 9 



February.  After four days the members feel a lot 



like Adm Griffiths, that we still have many avenues 



to investigate.  I think it's important for you to 



understand that.  Okay.  



      We'll proceed now to re-cross examination.  


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Counsel for Commander Waddle. 



      Adm Griffiths, if you would re-take your seat 



in the witness box, and again I would remind you you 



are under oath. 



                THE WITNESS:   I understand. 



                VADM NATHMAN:   Admiral we were 



about to proceed into cross-examination for the 



counsel for parties and counsel for Commander Waddle 



will lead with his re-cross. 



        RE-CROSS EXAMINATION BY MR. GITTINS:



Q     Sir, I would like to first start to ask you 



questions that came up during Cmdr Filbert's 



questions to you on behalf of Lt j.g. Coen. 



      He asked you, Lt Cmdr Filbert asked you, sir, 



the question about FT1 Seacrest's performance on 9 



February.  And I believe you said that FT1 Seacrest 



should have told the captain or OOD or both that the 



S13, Sierra 13 range had been updated to 4,000 



yards. 



A     Yes, I did say that. 



Q     That is one of those places where a forceful 



call may be required for safety of ship, wouldn't you 



agree? 



A     Yes. 



Q     Would you also agree that your investigation 


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uncovered that that did not happen? 



A     I would. 



Q     Would you agree, sir, that had that call been 



made, it is probable that this accident would not 



have occurred? 



A     I would go beyond that.  I am certain it 



wouldn't have occurred.  It was a key piece of data.  



      And if I can, at the point where the commanding 



officer told the officer of the deck to go to 



periscope depth, the officer of the deck was 



obviously focused on the periscope, but I really 



think at that point the commanding officer had also 



made a determination he had the information he needed 



to safely go to periscope depth.  



      So he was also focused now on getting ready to 



take the periscope because I am sure he would have, 



as I would have to really verify the look, and at 



that point it would have taken an oral report more 



likely than the CO breaking that concentration to go 



look at the fire control system.  



      So that oral report should have come to both of 



those individuals, and had they not received it, they 



probably would have not known that information. 



Q     Sir, concerning the officer of the deck's 



experience as an officer of the deck, counsel asked 


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you about a statement that was attributed to 



Commander Waddle that is contained in the results of 



interview that were prepared after Commander Waddle's 



interview, and that Enclosure 2 to the Preliminary 



Inquiry, page 4, it's the very last paragraph 



attributed to Commander Waddle. 



A     Page 4 of Enclosure 2.  



      Concerning the OOD Lt j.g. Coen, Commander 



Waddle stated he was a newly qualified OOD and that 



he regularly had to tell him what to do. 



Q     First of all, sir, you were questioned about 



results of interviews yesterday.  You didn't actually 



conduct the interview of Commander Waddle, did you? 



A     No, I asked to interview Commander Waddle and 



he declined. 



Q     And that was on advice of counsel? 



A     Absolutely. 



Q     Commander Waddle had been interviewed by Capt 



Byus, correct, sir?



A     Correct.  



Q     Along with Lt Cmdr Harrison, correct, sir?



A     Correct. 



Q     Sir, are you aware that neither Capt Byus' 



notes nor Lt Cmdr Harrison's notes contain anything 



remotely looking like that statement, "Concerning the 


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OOD Lt j.g. Coen Commander Waddle stated he was a 



newly qualified OOD and that he regularly had to tell 



him what to do."



A     Not unless -- however, I know that Cmdr Byus 



pedigreed that statement, so in his mind, he felt 



that he heard it from Commander Waddle in some form 



that made this statement an accurate repetition, but 



if it's not in the written notes, it's not in the 



written notes.



Q     Yes, sir.  Capt Byus took nine pages of notes, 



sir, and there is nothing remotely that resembles 



that in those notes, are you aware of that? 



A     I do now. 



Q     Yes, sir. 



A     But I think it's fair to say -- and this is a 



fairly important issue -- what was recorded from the 



interviews with regard to the handwritten notes and 



what ended up in the typed versions that I received, 



and again, it was a very deliberate process in the 



people who were doing this -- Byus, Harrison, and 



their administrative help if they used it -- to come 



up with this being their best recollection.  



      And so when they turned these over to me, 



that's what they felt these were. 



Q     Yes, sir. 


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A     The written notes didn't literally record every 



word said. 



Q     Yes, sir.  As you just indicated the notes and 



the results of interview are the best recollections 



of second-hand information about what Commander 



Waddle may have said immediately after the accident, 



would you agree with that, sir?



A     Second-hand to me sir. 



Q     Would you agree, sir, that it would have been 



beneficial to you and likely beneficial to this 



hearing to hear from Commander Waddle personally 



about what he actually believed, what he actually saw 



and what he actually did, and why he did it in this 



hearing? 



A     I think that would be of great value. 



Q     Concerning the testimony that Commander Waddle 



-- you were questioned about the XOs results of 



interview, and to paraphrase what was said in the 



interview, the CO told the OD that he wants to be at 



periscope depth in five minutes. 



Q     Do you remember the testimony about that, 



sir? 



A     Yes. 



Q     It is appropriate training for a OOD, and it is 



an appropriate for an OOD for the CO to give him a 


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task and a time to accomplish it in to develop that 



officer's ability to operate under pressure; isn't 



that true, sir? 



A     Yes. 



Q     Such orders to do a task and given a time to do 



them can help an OOD to learn to be efficient and to 



do things right and efficiently, correct, sir? 



A     Correct.



Q     And with the CO on the bridge, that would have 



afforded the commanding officer the opportunity to 



watch the officer of the deck perform that evolution 



and to evaluate his performance, correct, sir? 



A     With the CO in the con, in the control room 



with the OD, yes.



Q     And in fact, Commander Waddle was in the CONN 



in the control room during the entire evolution from 



the elevation of the vessel to 150 feet through the 



emergency blow maneuver, correct, sir? 



A     That's right.  



      I think he left sonar and stayed in control 



thereafter when they were in the baffle clearing 



portion -- and on out.



Q     Would you agree, sir, that United States Navy 



Regulations provide that the commanding officer, in 



this case, Commander Waddle, is ultimately 


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responsible for the safe operation of his vessel? 



A     Yes. 



Q     To your knowledge, did Commander Waddle -- has 



Commander Waddle at any time tried to shirk his 



responsibility for his conduct during the cruise of 9 



February 2001? 



A     No, I -- I think Commander Waddle is a very 



stand-up individual and did I am sure his duty and 



can I go back to this point with the officer of the 



deck because I think it's appropriate for the court.  



      I, as the commanding officer, had a range of 



officer of the decks in my ward room in proficiency 



and experience level, and I had some who did need, as 



Commander Waddle felt he needed to do with Mr. Coen, 



give time constraints to, because he needed to train 



them to be more efficient, and be able to combine 



both proficiency and alacrity, which is the ultimate 



goal is to have the best of both traits.  



      And I understand that Commander Waddle may have 



needed to do that more with some officers than 



others, and I have a feeling from the interviews that 



he felt he needed to do that in this stage of Lt 



Coen's career.  And so I understand that.  And that 



is a factor here. 



Q     In fact, sir, wouldn't you agree that Commander 


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Waddle's performance with respect to his OOD on 9 



February 2001 are indications that he was concerned 



about the development of Lt j.g. Coen and his 



appropriate development as an officer of the deck? 



A     I don't know how I can put that in a longer 



term perspective.  I think in the execution of 



routine operations by Mr. Coen, Commander Waddle felt 



that at this stage in Mr. Coen's career, he needed 



close supervision, perhaps more than the normal 



officer of the deck because of his characteristic of 



being deliberate and his newness to the qualified 



ranks of ODs on board.  But I don't know if I can 



truly characterize projecting ahead for his career 



how much of that concern was, as opposed to just 



instructive engagement in the near-term.  In other 



words, I am not saying that he was commenting the 



ultimate potential of Mr. Coen one way or the other.  



I don't have data on that. 



Q     Yes, sir.  But Commander Waddle was -- had left 



the OOD in that position of OOD, and had not assumed 



the CONN, correct, sir?



A     Yes. 



Q     And that is indicative of a training evolution 



rather than taking the OOD out of the loop, wouldn't 



you agree, sir -- helping the OOD to be trained? 


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A     It certainly could be seen in that light.  



      I am sure that when this officer of the deck 



had the watch, Commander Waddle used every 



opportunity he could to constructively train the 



officer of the deck. 



Q     That would be the kind of conduct you would 



expect of a competent commanding officer? 



A     Absolutely, sir. 



Q     I believe it was Rear Admr Stone, sir, and I am 



going to start with his questions now. 



      He initially discussed Capt Brandhuber and his 



presence on board USS Greenville on 9 February. 



      As we just discussed, Commander Waddle as the 



captain of the vessel, was responsible ultimately for 



the safe operation of the vessel?



A     Yes. 



Q     And that's pursuant to United States Navy 



regulations, correct, sir? 



A     Correct. 



Q     Although it's still to be determined the 



specific role of the Capt Brandhuber may have been 



in, whether pursuant to United States Navy 



regulations or otherwise by assumption of command in 



an acting capacity.  



      You would agree that Capt Brandhuber if he saw 


Page                                                               93


an unsafe situation would have a duty to bring that 



to the attention of the captain, would you not, sir? 



A     I do. 



Q     To your knowledge, Capt Brandhuber did not take 



issue with anything that Commander Waddle did during 



the performance of the DV cruise of 9 February 2001, 



isn't that accurate, sir?



A     You mean, until they board again or up to the 



point of collision? 



Q     Up to the point of collision, sir. 



A     That's accurate.  And I am not implying that he 



did take exception afterwards.  But it would be -- I 



would have to put the question in new light after the 



collision, because he did have a more after role in 



helping the ship communicate and surface, and so 



forth. 



Q     Rear Admiral Stone also asked you about the 



watch bill, sir, and obviously the missing watch bill 



is a document that this court needs to have. 



      And I don't profess to be a ship driver, sir, 



but I solemnly will do my best with this.  



      The watch bill was prepared by someone, not the 



commanding officer, correct, sir? 



A     Correct. 



Q     And the person who prepares the watch bill, and 


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those persons who review it who are aware of the 



capabilities of the personnel also are responsible 



for ensuring that properly qualified personnel are 



put in the appropriate stations during watch, would 



you agree with that, sir? 



A     The whole chain of command is responsible for 



making sure that the right qualified people are on 



watch. 



Q     Yes, sir.  On a watch bill on board a naval 



vessel when an individual is unqualified and 



under-instruction, how is that indicated, properly 



indicated, on a watch bill? 



A     Well, you have a range of administrative 



options.  That is not specified by higher authority.  



But it must be clear that they are not the fully 



qualified watch that they have some under-instruction 



role, and a number of administrative means can be 



used to do that. 



Q     One of those administrative means and probably 



one of the most common is to put behind the person's 



name, a U/I, would you agree, sir? 



A     Certainly it's common. 



Q     And that indicates "under-instruction" correct, 



sir? 



A     Correct. 


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Q     Unless the commanding officer actually knew of 



a person's individual qualifications, unless 



"under-instruction" was indicated, the commanding 



officer reviewing a watch bill would have no way to 



know of the status of the individual who is assigned 



to that watch, correct, sir? 



A     No, that's not correct. 



Q     Tell me why it's not correct. 



A     These are small ships, and the captains tend to 



be very intimately familiar with the crew's rate of 



progress, individually, as well as collectively.      



      Commander Waddle strikes me as a captain who 



would have an above-average knowledge of that because 



he was very engaged with his people with his crew, 



and my guess is he would rival the exec for personal 



knowledge of the level of qualification of everyone 



on board, and it would be despite administrative 



processes. 



Q     And that would be an assumption you would make 



based on what you know Commander Waddle and his 



competence to date?



A     And my experience to date. 



Q     Yes, sir.  With respect to safety efficiency 



and backup, Commander Waddle's three principles, I 



asked you -- you were questioned about it by Rear 


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Admiral Stone, and there was the suggestion made that 



those are just words or rhetoric unless it was 



translated into action.  



      You did not have an appropriate opportunity to 



determine whether or not those three words are simply 



rhetoric on board USS Greenville or whether those 



things were translated into action on a daily basis 



by Commander Waddle and his crew, isn't that correct, 



sir?



A     I didn't know that those were the words that 



described his philosophy until testimony started, so 



clearly, I did not focus on that, other than that as 



it may indirectly relate to the looking at standards 



as I did address them in my investigation of three 



short days.  And that is a fruitful area for the 



court to examine further. 



Q     Yes, sir.  You responded to a number of 



questions by Rear Admiral Stone, sir, concerning a 



commanding officer's best judgment. 



      Sir, would you -- a commanding officer -- I 



will ask if you agree with this statement, sir.  



      A commanding officer is required to exercise 



his good judgment based on the circumstances as he 



understands them, the facts that he understands them 



at the time when operating his vessel -- would you 


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agree with that, sir?



A     I would agree with that. 



Q     When talking about the accountability of 



commanding officer, sir, the Navy takes -- I am not 



sure if it's pride -- but the Navy is diligent in 



examining accidents that may happen at sea and 



otherwise, would you agree with that, sir? 



A     I would. 



Q     For example, the USS Vincennes shot down a 



Iranian airliner several years ago that resulted in 



lost life of all personnel on board that airline, do 



you have a recollection of that event, sir?



A     I do. 



Q     It's a very traumatic event for the Navy, isn't 



that true?



A     Yes. 



Q     Captain Richard Rogers was the commanding 



officer on that vessel, isn't that correct, sir?



A     That's my recollection. 



Q     Captain Rogers as the commanding officer who 



ultimately was responsible for the firing of the 



missle was responsible as commanding officer of that 



vessel, correct, sir? 



A     Correct. 



Q     More recently, a few weeks ago, the USS Cole 


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had a terrorist attack in which 17 sailors were 



killed on board that ship.  



      Are you aware of that sir? 



A     Yes. 



Q     Cmdr Curt Leppold who was the commanding 



officer of that ship was responsible for that ship as 



the commanding officer pursuant to to United States 



Navy regulations, correct, sir? 



A     Correct. 



Q     Sir, you have uncovered no evidence during your 



investigation that commanding officer of the USS 



Greenville, Commander Waddle, was either 



intentionally ignorant of the true circumstances on 



the 9th of February or acted in a way so as to make 



himself ignorant of those circumstances, are you? 



A     No, I am not aware of any circumstances that 



would lead to that conclusion. 



Q     You have no evidence and you uncovered none 



during your investigation that the commanding officer 



of the USS Greenville, Commander Waddle intended to 



operate the USS Greenville unsafely, would you agree 



with that? 



A     Of course.



Q     In fact all of the evidence you uncovered 



indicated that Commander Waddle intended to operate 


Page                                                               99


his vessel safely and to avoid a collision, wouldn't 



you agree with that, sir? 



A     Of course. 



Q     Would you also agree with me, sir, that 



evaluating the commanding officer's best judgment is 



not simply a function of retrospective review? 



A     It's not just that. 



Q     Would you agree that in evaluating a 



commander's judgment, you must place yourself in the 



position the commanding officer was in with the 



information that was available to him and known by 



him to judge his decisions at the time? 



A     You need to do that to have the fullest 



appreciation of why he did what he did. 



Q     In evaluating a commanding officer's judgment, 



you must review the circumstances, the entire 



circumstances surrounding an event, correct, sir? 



A     Correct. 



Q     The commanding officer's understanding of the 



situation? 



A     Correct. 



Q     The commanding officer's experience, knowledge, 



and training? 



A     All those things. 



Q     When you responded to Rear Admiral Stone's 


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questions about accountability, sir, would you agree 



with me that accountability and responsibility as a 



commanding officer does not necessarily equate to 



criminal liability for an accident? 



A     I would agree with that.  It does not 



necessarily equate. 



Q     In your investigation, sir, did you find any 



evidence that Commander Waddle acted criminally 



negligently in the operation of his vessel? 



A     In my opinion, he was not criminally 



negligent. 



Q     Thank you sir.  



      Sir, when assessing a contact, evaluating a 



contact, would you agree with me that -- and I'm 



talking about Exhibit 7 -- that the commanding 



officer is not required to ignore all the data on 



that target that the ship possesses?  



A     Did you want to use the word "ignore" there? 



Q     I'm sorry, sir.  Let me ask the question 



again. 



A     Okay. 



Q     Sir, with respect to Contact S 13, would you 



agree with me that Commander Waddle was entitled to 



rely on the data that he was aware of for contact 



Sierra 13 in the hour -- that had been generated in 


Page                                                               101


the hour prior to the movement to take to 150 feet? 



Q     Let me see if I understand the question. 



Q     Yes, sir.



A     I think it's an important one.  I think you are 



asking me, is he required to personally observe and 



learn of the individual components of data that are 



going on all around him on the ship, in order to 



independently construct the same opinion or 



conclusion that it's safe to proceed to the next step 



that perhaps the officer of the deck and 



watchstanders have reached.  



      And to the degree his time and resources allow 



him to do so the prudent skipper would do as much of 



that as he could, but it should be recognized a lot 



of that he doesn't have the time to do. 



Q     Yes, sir. 



A     And so my guess is Commander Waddle, like any 



good skipper, would do as much of this on his own as 



a backup, and an independent check as he could, but 



that obviously, he would not be able to do it all 



that's why we have the subordinate watchstanders, 



they are disbursed, and their qualifications and 



tasks are to feed that to the outside deck and the 



captain, so he's certainly not required to 



independently go do all of those subordinate 


Page                                                               102


watchstander functions, ultimately the judgment of 



how much he does and what it takes for him to be 



personally satisfied with the advice he's getting is 



up to him. 



Q     I am not sure that was the question to the 



question I asked. 



A     I'm sorry if I missed the question. 



Q     That's not the problem here.  I think what you 



said is probably answer to one of my questions, but 



with respect to target or contact Sierra 13 -- I am 



discussing Exhibit 7 -- there is information that 



would be of benefit to the commanding officer in this 



data that was compiled between 12:30 and 1320, would 



you agree with that, sir? 



A     Yes.  It has a value to him. 



Q     And the commanding officer in making his 



decisions is not required to disregard the data that 



had been compiled from target Sierra 13 between 12:30 



and 13 -- it looks like 25, sir, when they made the 



turn. 



A     Not only not required it, would be imprudent 



for him to disregard it. 



Q     Sir, do you have Exhibit 34 in front of you? 



A     What is Exhibit 34?  No, I do not. 



Q     It's the USS Greenville fire control documents.


Page                                                               103


      For the record, the bailiff is retrieving 



Exhibit 34 for the witness. 



      I'll come back to that, sir, I'm missing one 



document.  So the commanding officer's standing 



orders at the end of your testimony today, you 



indicated that -- at the end of your redirect 



testimony today -- you indicated that the commanding 



officer is permitted to deviate from his standing 



orders because he wrote the standing orders?



A     Certainly he is. 



Q     And Rear Admiral Sullivan discussed with you 



Section 610 of the standing orders.  Do you have 



those in front of you, sir? 



A     No. 



Q     Bailiff, help me out with that, please. 



      It's Exhibit 37. 



      Exhibit 1, sir, do you have Exhibit 1 in front 



of you, it would be Enclosure 7 to your 



investigation.  I apologize, sir. 



A     My enclosure 7 is here, but it's a summary of 



an interview with Seacrest.  That's Enclosure 7 to 



the initial report. 



Q     Standing Order 0610. 



A     Let me work on that here for a second. 



      Okay, I am at 0610. 


Page                                                               104


Q     Rear Adm Sullivan asked you about paragraph 1 



of Standing Order 0610, sir? 



A     Yes. 



Q     And the indication there is that the clear 



baffles -- to stay on force at 150 feet until there 



is enough data on the AVSDU -- to determine actual 



bearing right and the direction of relative motion, 



about three minutes, correct, sir? 



A     Correct. 



Q     It doesn't require a three-minute wait, do you 



agree with that, sir? 



A     Yes. 



Q     The Mark 81 Tack 2 Display (phon.), is the 



display the fire control technicians display; is that 



true, sir? 



A     It's one of those. 



Q     Could we have the control room chart, please? 



A     Yes. 



Q     The Mark 81 Tack 2 is one of the displays 



here?



A     It's this one in particular that the ship would 



be using for time bearing display in general as they 



are practiced. 



Q     Yes, sir. 



A     The second from the forward-most of the four 


Page                                                               105


consoles there. 



Q     Yes, sir.  With respect to the clearing 



baffles, sir, 610.2 requires that the officer of the 



deck "ensure that sonar contacts on the right are 



drawing right, and those on the left are drawing 



left, or that they are drawing astern whenever 



possible."  



      Sir, would you agree with me that this solution 



on Exhibit 7 is an indication of an opening 



solution? 



A     Yes. 



Q     And that would comply -- the commanding officer 



and the officer of the deck believe that that contact 



Sierra 13 was an opening contact, that that would 



comply with the standing order. 



A     For that contact, yes.  And further, I think 



that the information that the CO had for contacts at 



this time for all the contacts would indicate that he 



chose a course that met this condition, except there 



was perhaps one contact in the northwest, which would 



have been in the baffles.  And he may have previously 



determined that that was distant.  But it was not 



being seen on sonar at the time.  I don't know if it 



was either Sierra 12 or Sierra 14. 



Q     Sierra 12, probably, sir. 


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A     Okay.  So I think the CO felt he was complying 



with this general guidance in going to periscope 



depth on 120, as far as course selection. 



Q     Assuming for a moment and this is the 



assumption -- that the commanding officer was aware 



of this solution for Sierra 13 on Exhibit 7, it was 



reasonable for him to come to periscope depth as we 



just discussed, correct, sir, and it complied with 



his standing order? 



A     From what he knew, yes. 



Q     Sir, you were asked some questions about 



Exhibit 36, which is the periscope employment -- the 



excerpt from a doctrinal publication.  



      Sir, are you aware that NWP 55.42 is the recent 



version of that publication which is dated October 



1999? 



A     I am now. 



Q     The letter that you were shown about NWP 77 is 



dated May 1985, does that ring a bell, sir?



A     That doesn't mean the letter is not applicable 



any longer.  But yes, I am aware.  It's not unusual 



to have revisions to the manual, but these letters 



are still germane in the front piece of the book. 



Q     Yes, sir.  Let me ask you, sir.  



      We talked yesterday at some length about the 


Page                                                               107


initial search at periscope depth and you responded 



to questions from Lt. j.g. Coen's counsel about 



that. 



      You would agree, sir, that the initial search 



at periscope depth was completed in compliance with 



either NWP 3, Tack 13.10 on the commanding officer's 



standing orders, would you not?



A     Yes, I would agree. 



Q     Admiral Sullivan asked you questions about 



continuous visual search, and that document, quote, 



gives a recommended process.  Is that fair, sir? 



A     Yes. 



Q     When a process is recommended, deviation from 



that recommended process is appropriate based on 



circumstances, wouldn't you agree, sir? 



A     If the judge of the CO is that deviation is 



appropriate, then yes. 



Q     The deviation that we know of in this case is 



that Commander Waddle did not perform a detailed 



sector search in sectors which did not have sonar 



contacts, would you agree with that, sir? 



A     Yes. 



Q     Commander Waddle focused his visual search, his 



detailed visual search, in the area of probable 



contacts and threat to vessel.  


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      Would you agree with that, sir? 



A     If you key on sonar alone, yes, sir. 



Q     At the time Commander Waddle took the periscope 



there was also ongoing a ESM defensive search, would 



you agree with that, sir? 



A     Yes. 



Q     Rear Adm Sullivan also asked you about the 



portion of the first paragraph that indicates, 



following the initial surface search several rapid 



low power sweeps at maximum head prism elevation and 



several more sweeps at 35 to 40 degrees elevation 



should be made to protect the aircraft.  



      Would you agree with me that that process was 



not required under the circumstances? 



A     Yes, I would.  The air search is not germane to 



what the Greenville was doing at that moment, sir. 



Q     What the searches performed by Greenville on 9 



February 2001 were meant to do were to identify 



potential hazards to the vessel, correct, sir?        



      Surface hazards? 



A     Yes, for the time frame of the -- until 



completing the emergency blow. 



Q     Yes, sir.  An air search would be something 



that would be done with respect to a mission 



requirement when stealth was required. 


Page                                                               109


A     Correct. 



Q     And the continuous visual search that -- well, 



the search that Commander Waddle performed, while not 



continuous, was a visual search to clear the area in 



which he believed threats to the vessel -- hazards to 



the vessel existed based on the information he had, 



would you agree with that, sir? 



A     Mostly.  Here is where I would disagree. 



Q     Yes, sir. 



A     He's keying on sonar contacts and these are 



contacts that sonar will find because they put out 



enough noise in the water.  There are other kinds of 



contacts out there, and if you don't do a complete 



visual search at high power, you are not optimizing 



your chances to see all contacts as opposed to the 



contacts that are likely to be detected on sonar, 



which is a subset of contacts. 



Q     Yes, sir.  And in this case, Commander Waddle 



did perform a low-power search 360 degrees, to the 



best of your knowledge, correct, sir? 



A     Correct. 



Q     And Lt j.g. Coen performed three low-power 



searches through 360 degrees, correct, sir?



A     Correct. 



Q     And you are not aware of any non-sonar contacts 


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that were in the area at the time Greenville 



conducted the EMBT blow, correct, sir?



A     With hindsight, I could say there were not.  



      I would not have known that at the time, 



without looking. 



Q     Yes, sir.   Among the factors that Commander 



Waddle may have, could have, and should have factored 



into his calculus was the known density of shipping 



in the area, wouldn't you agree, sir? 



A     Certainly. 



Q     And as we discussed yesterday, this was a 



low-density shipping area, correct? 



A     Correct.  Low doesn't imply none, however. 



                MR. GITTINS:   Indeed, sir, indeed. 



                VADM NATHMAN:   It's 11:20.  I know 



you are into points you want to make right now, and I 



am willing to extend into our normal lunch time.  I 



am not sure where you are in terms of the amount of 



time you want to complete.



                MR. GITTINS:   I probably have 



another half an hour here.



                VADM NATHMAN:   It's your call.  We 



can recess now, and we can proceed at the normal time 



--



                MR. GITTINS:   I think this would be 


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an appropriate time, and I appreciate the fact that 



you are going to give me the opportunity to 



deliberate, sir. 



                VADM NATHMAN:   This court is in 



recess until 12:30. 




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