IV 
109TH CONGRESS 
1ST SESSION 
H. RES. 502 
Expressing the sense of the House of Representatives with respect to the 
senseless and unwarranted criminal prosecution of 2nd Lt. Erick J. 
Anderson, United States Army. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Mr. LATOURETTE (for himself and Mr. RYAN of Ohio) submitted the following 
resolution; which was referred to the Committee on Armed Services 
RESOLUTION 
Expressing the sense of the House of Representatives with 
respect to the senseless and unwarranted criminal pros-
ecution of 2nd Lt. Erick J. Anderson, United States 
Army. 
Whereas Erick J. Anderson grew up in Twinsburg, Ohio, and 
earned an engineering degree in 2002 from Youngstown 
State University, where he also played football under 
Coach Jim Tressel; 
Whereas following the attack on our Nation on September 
11, 2001, Anderson felt a call to duty and selflessly en-
listed in the United States Army so he could serve his 
country after one of the darkest moments in America’s 
history;
•HRES 502 IH 
Whereas in June 2004, 2nd Lt. Anderson and the 41st In-
fantry of Fort Riley, Kansas, were sent to Iraq to partici-
pate in Operation Iraqi Freedom; 
Whereas in the early morning hours of August 18, 2004, 2nd 
Lt. Erick J. Anderson led a platoon in Sadr City, Iraq, 
and came upon a garbage truck that appeared to be 
dropping roadside bombs; a firefight ensued and several 
Iraqi citizens were killed or injured, including a gravely 
injured 16-year-old Iraqi teen who witnesses described as 
badly burned with his intestines hanging out; 
Whereas 2 members of Anderson’s platoon, Staff Sgts. John-
ny Horne and Cardenas Alban, each shot the Iraqi teen 
to put him out of his misery and termed it a mercy kill-
ing; the United States did not take possession of the 
body or perform an autopsy; Horne and Alban were 
charged on September 27, 2004, with premeditated mur-
der, and their Article 32 hearings began in late October 
2004; 
Whereas on November 15, 2004, platoon leader Anderson 
was charged with premeditated murder and conspiracy to 
commit premeditated murder for the death of the Iraqi 
teen who was shot by Anderson’s subordinates; no allega-
tion was made that 2nd Lt. Anderson fired his own rifle 
into the victim and 2nd Lt. Anderson was never incarcer-
ated; 
Whereas 2nd Lt. Anderson asserted his total innocence and 
stated that he did not witness, authorize, or order the 
shooting of the Iraqi teen; a vigorous legal defense was 
mounted for his Article 32 hearing at Camp Liberty in 
Baghdad, which was scheduled for December 14, 2004, 
and later continued until January 19, 2005;
•HRES 502 IH 
Whereas on December 10, 2004, Horne, who had admitted 
shooting the Iraqi teen, pleaded guilty to one count of 
murder and one count of conspiracy to commit murder 
in a plea bargain; he was sentenced to three years in 
prison (two years suspended), and given a dishonorable 
discharge; 
Whereas on January 4, 2005, all charges were quietly 
dropped against 2nd Lt. Anderson without prejudice, 
meaning they could be refiled at a later date, and 2nd 
Lt. Anderson returned to combat in Iraq in command of 
a mortar platoon with full patrol and raid duties; 
Whereas on January 14, 2005, Alban, who also admitted 
shooting the Iraqi teen, became the second person con-
victed of murder; he was convicted by court-martial of 
one count of murder and one count of conspiracy to com-
mit murder; he was sentenced to one year in prison and 
given a dishonorable discharge; 
Whereas on January 18, 2005, there was a public announce-
ment of the dismissal of murder charges against 2nd Lt. 
Anderson; 
Whereas on January 27, 2005, Mr. LaTourette of Ohio wrote 
to Secretary of Defense Donald Rumsfeld and questioned 
the decision to put Anderson back in combat with the 
legal proceedings still hanging over his head, and urged 
the military to charge Anderson or fully dismiss the 
charges; 
Whereas in February 2005, 2nd Lt. Anderson remained in 
combat in Iraq in command of a mortar platoon with full 
patrol and raid duties and no charges were filed or 
refiled;
•HRES 502 IH 
Whereas on March 9, 2005, Mr. John W. Miller, II, Sr. Leg-
islative Counsel at the Pentagon, responded to Mr. 
LaTourette of Ohio and wrote ‘‘. . . a Soldier’s com-
mander determines the duty responsibilities of his subor-
dinates’’ and that Anderson was ‘‘presently performing 
duties as directed, and in accordance with the presump-
tion of innocence’’; 
Whereas in March, April, and May of 2005, 2nd Lt. Ander-
son remained in combat in Iraq in command of a mortar 
platoon with full patrol and raid duties and no charges 
were filed or refiled; 
Whereas on May 5, 2005, Spec. Brent May of the 41st In-
fantry was convicted by court-martial of one count of pre-
meditated murder for the shooting death on August 28, 
2005, of an Iraqi civilian in Sadr City, Baghdad; May 
was sentenced to five years in prison and given a dishon-
orable discharge; the United States did not take posses-
sion of the victim’s body or perform an autopsy; 
Whereas on May 13, 2005, Sgt. Michael Williams of the 41st 
Infantry was convicted by court-martial of one count of 
premeditated murder and one count of unpremeditated 
murder for the shooting death on August 28, 2005, of an 
Iraqi civilian in Sadr City, Baghdad; he was sentenced to 
life in prison and given a dishonorable discharge; the 
United States did not take possession of the victim’s 
body or perform an autopsy; 
Whereas on June 13, 2005, 2nd Lt. Anderson and the 41st 
Infantry were redeployed to Fort Riley, Kansas, after 
completing a one-year tour of duty in Iraq and partici-
pating in Operation Iraqi Freedom;
•HRES 502 IH 
Whereas in June, July, and August 2005, no charges were 
filed or refiled against 2nd Lt. Anderson; 
Whereas in September 2005, prosecutors at Fort Riley, Kan-
sas, ‘‘hinted’’ to Anderson that his legal problems would 
go away if he agreed to plead guilty to one count of dere-
liction of duty; no formal plea bargain was offered and 
2nd Lt. Anderson told prosecutors he had done nothing 
wrong and would not plead guilty to any charges; 2nd Lt. 
Anderson was told by prosecutors they would ‘‘charge 
him with everything they can think of’’ and ‘‘see if any-
thing sticks’’; 
Whereas on October 3, 2005, nearly nine months to the day 
after murder charges were quietly dismissed, murder 
charges were refiled against 2nd Lt. Anderson and addi-
tional charges were also levied; 2nd Lt. Anderson was 
charged with two murders of Iraqi citizens, one on Au-
gust 18, 2004, and one on August 28, 2004, and pros-
ecutors alleged that he shot the victims with his own 
rifle; 2nd Lt. Anderson was also charged with conspiracy 
to commit the two murders, dereliction of duty, conduct 
unbecoming an officer, and making a false statement by 
telling investigators in September 2004 that he heard no 
third shot fired in the death of an Iraqi civilian on Au-
gust 28, 2004; 
Whereas 2nd Lt. Erick J. Anderson, who faces life in prison 
or the death penalty, has again professed his total inno-
cence and states emphatically that he did not murder, 
witness the murder, conspire to murder, or order the 
murder of the Iraqi civilians on August 18, 2004, or on 
August 28, 2004; he also has denied making a false 
statement, engaging in conduct unbecoming an officer, or 
being derelict in his duties; he plans a vigorous defense
•HRES 502 IH 
of the senseless and false charges that have been brought 
against him; 
Whereas in his annual Officer Evaluation Report that covers 
the period of the offenses detailed above, 2nd Lt. Erick 
J. Anderson’s superior officers evaluated his performance 
from October 30, 2003, to October 29, 2004; they sug-
gested that he ‘‘needs to be in a position of greater re-
sponsibility now,’’ should be promoted to 1st Lieutenant 
‘‘now’’ and should be promoted ‘‘ahead of peers’’; they 
stated that— 
(1) ‘‘2LT Anderson’s performance has been out-
standing. As my newest Platoon Leader, 2LT Anderson’s 
ability to quickly learn his role as a key leader in the 
Charlie Company has been refreshing.’’; 
(2) ‘‘As the junior lieutenant in the company, 2LT 
Anderson was tasked as the Unit Movement Officer for 
the company. Under his leadership the planning, prepara-
tion, and packaging of all company equipment was exe-
cuted flawlessly and set the standard for the battalion. 
His ruthless attention to details left the company 100% 
ready to deploy to Iraq.’’; 
(3) ‘‘While in Sadr City, Iraq, 2LT Anderson led his 
platoon on numerous major combat operations, i.e. Iron 
Fury, Stalwart Fury II, Stalwart Swarm, and Stalwart 
Flood. Also he led his platoon on numerous mounted and 
dismounted patrols without a KIA (killed in action). This 
is truly a testament to his ability to lead troops in com-
bat.’’; 
(4) ‘‘2LT Anderson has quickly learned what it 
means to be a leader in combat. He needs to be in a posi-
tion of greater responsibility now. 2LT Anderson would 
make an outstanding Company Executive Officer. Pro-
mote to 1LT now.’’; and
•HRES 502 IH 
(5) ‘‘Mentally tough and physically fit, 2LT Ander-
son is in the top 50% of all lieutenants that I senior rate. 
Erick has operated in one of the toughest areas in the 
Baghdad Area of Operations and has led his platoon well. 
He is one of my top picks for a specialty platoon. 2LT 
Anderson will be a great Company Commander in the 
near future. Promote ahead of peers.’’; and 
Whereas 2nd Lt. Erick J. Anderson continues to love his 
country, loves the Army, and wants to return to Iraq to 
participate in Operation Iraqi Freedom: Now, therefore, 
be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) 2nd Lt. Erick J. Anderson was defending 
the cause of freedom, democracy, and liberty and his 
actions of August 18, 2004, and August 28, 2004, 
did not cause the deaths of Iraqi civilians; he did not 
order the deaths of Iraqi citizens, did not witness 
the deaths of Iraqi civilians, is not derelict in his du-
ties, and did not make false statements; 
(2) the United States Government has already 
secured four murder convictions for the deaths of 
the two Iraqi civilians on August 18, 2004, and Au-
gust 28, 2004, and the United States Government 
knows definitively that at least three of the convicted 
defendants shot the victims; 
(3) there should be the highest standard of 
proof before the United States takes seriously any
•HRES 502 IH 
allegation that an outstanding, respected, and well- 
trained Army officer would allow or condone the in-
tentional killing of unarmed or incapacitated persons 
in combat; 
(4) 2nd Lt. Erick J. Anderson should be com-
mended for refusing to cave under enormous pres-
sure or admit guilt when he knows he is innocent of 
all charges; and 
(5) the United States Government should dis-
miss all charges against 2nd Lt. Erick J. Anderson 
relating to the deaths referred to in paragraph (1). 
Æ