-Caveat Lector-
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--- Ken Hamblin
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Statement of
Lt. Jack Daly
INTRODUCTION
Mr. Chairman, and esteemed members of the Committee, good afternoon. I would
like to thank you for providing me this very rare opportunity to appear
before this distinguished panel today. It is a great honor and truly a
privilege to be included in a process that will determine our nations
policies. I sincerely hope that my appearance here today will prevent what
has happened to me from happening to any other service man or woman, I would
not wish the pain I have experienced for the last 22 months on anyone.
This statement is submitted for inclusion in the Congressional Record of the
106th congress of the United States of America. The purpose of this
statement is to provide evidence regarding the use of lasers as weapons by
documenting the personal experience of Lieutenant Jack Daly, United States
Navy, based on the facts surrounding the events of April 4th, 1997 and its
aftermath. An effort will be made to show that notwithstanding current
agreements and treaties, specifically "Protocol IV of the 1980 Certain
Conventional Weapons Convention (CCWC)" agreed to in 1995 and entered into
force July 30th, 1998; lasers still pose a significant threat as inhumane
weapons.
Despite the fact that "Protocol IV of the CCWC" bans the use of blinding
lasers, loopholes in the definition of the term "blinding laser" are being
exploited. By definition a laser is only considered banned under the current
treaty if it causes permanent blindness; however, lasers not included under
this definition are still capable of causing serious injuries and
unnecessary suffering as well as being potentially blinding. Some of the
devices are considered as being designed for commercial vice military usage,
yet when directed at a human being can cause indiscriminate effects which
can result in permanent damage to the human eye. Laser devices labeled as
"dazzlers" may in fact actually be blinding lasers in disguise designed with
the intent of causing permanent blindness. Even the laser pointer, an
inexpensive and popular briefing and presentation tool has become, in
effect, a weapon, due to it�s injurious effects.
Numerous documented cases regarding the use of lasers against aircraft,
civilians and military personnel exist, as well as does an all too lengthy
list of the injuries that have resulted from the accidental and intentional
misuse of the these devices. As a direct result of numerous reports of
lasers being directed at commercial airliners during takeoff and landings,
the concern has been raised that this in fact may be a new form of
terrorism. Lasers are easily obtainable and can be self-manufactured weapons
in the terrorist arsenal which essentially can effect a soft kill solution
and leave virtually no detectable evidence.
Other laser systems are in fact very beneficial to society such as those
that are used in industry and medicine. Some military applications have also
proven their usefulness; in a defensive role as envisioned in the Strategic
Defense Initiative (SDI); the development of laser guided precision
munitions has aided in minimizing collateral damage, unnecessary injury and
loss of life.
Lasers in and of themselves do not pose a threat. It is how they are
employed that causes the greatest risk. Certain laser devices can and do
represent a clear and present danger to not only military equipment and
personnel but also to the civilian population as well. Ignoring these events
serves no purpose other than increasing our vunerablity to them and
promoting their continued development and use in an illegal manner. It is
imperative that the United States take a firm stand against the
proliferation of these hazardous, inhumane laser devices and protest their
use as weapons.
PERSONAL EXPERIENCE
My name is Lieutenant Jack Daly. I am an active duty regular U.S. Naval
Intelligence Officer who, prior to my transfer to San Diego last year, was
stationed at the Canadian Pacific Maritime Forces Command Base, Esquimalt,
Victoria, British Columbia, Canada. My intelligence liaison assignment with
the Canadian Armed Forces was under the auspices of the Chief of Naval
Operations/Intelligence Directorate (CNO/N2) Foreign Intelligence Liaison
Officer (FILO) program, managed by the Office of Naval Intelligence (ONI).
On 4 April 1997, I, along with a Canadian Air Force pilot, Captain Patrick
Barnes, were wounded aboard a Canadian CH-124 helicopter when we were lazed
(shot/targeted with a laser) while on an ONI tasked surveillance mission.
This surveillance mission was tasked against the Russian merchant ship
KAPITAN MAN, which was located five nautical miles north of Port Angeles,
Washington in the Strait of Juan de Fuca. As a result of this lazing, both
Captain Barnes and I suffered irreparable eye damage resulting in permanent
retinal damage (see appendix A). Captain Barnes has been permanently
grounded as a result of this incident and has lost all flight
qualifications. He will never fly again. The statement that the Pentagon
released to the press on June 26th, 1997, that our injuries were healed, was
erroneous.
Both Capt. Barnes and I continue to suffer agonizing chronic pain 24 hours a
day from this incident and our vision continues to deteriorate, with little
expected relief since there is no known effective medical treatment. The
pain symptoms we have experienced since the day of the incident have not
diminished but have actually increased in severity. The burns to the retinas
of both of my eyes have turned into scar tissue that continues to grow
resulting in enlarging scotomas or spots in my field of vision.
It has been reported that the very intent behind the development of some of
the lasers produced by the Russians is to create such spots or disturbances.
In creating a spot in the field of vision of a fighter pilot it was hoped
that these spots would interfere with sighting a distant target during a
dogfight type engagement. Having had the experience of flying in just such a
training scenario in a U.S. Navy F-14, I can attest to that fact that this
would in fact create a problem.
Capt. Barnes did not exhibit any indication of burns or scotomas in his
affected eye (right). This may be due in part, to the fact that he had his
shaded (green) visor down, where I did not, the length of time his eyes were
focused on the KAPITAN MAN was only momentary, vice mine, which was almost
constant. As indicated in Appendix B, in order for the tissue of the retina
to be burned the eye must actually be focused on a distant source, thus
increasing by a factor of 100,000 times, the irradiance, or power
concentrated on the retina as it passes through the lens. This can be
compared to using a magnifying glass to concentrate the rays of the sun into
a single beam in order to burn a hole through a piece of paper. Further,
laser range finders have been developed by the Russians that will in fact
cause damage to the retina; however, in less than 10 percent of the
exposures will there be any detectable lesions. According to recent medical
reports some lasers can damage eyes at the cellular level and leave no sign
of tissue burn. Laser range finders used by the military that operate in the
infrared range are particularly injurious because they can penetrate deeply
into tissue without burning.
Since the day of the incident our eyes have been extremely sensitive to
sunlight and light sources. Driving at night has become impossible because
of the additional pain created by viewing the head and tail lights of other
automobiles. I can no longer view a movie in a theater, nor can I watch a
ball game under the lights because of the increased pain resulting from the
changes and brightness of the lighting in these venues. The only form of
even momentary relief that either one of us can rely on is sitting in the
dark with our eyes closed, yet lately even that does not seem to help much.
The possibility that one if not both of us will lose some degree of our
vision or become totally blind does exist.
To make matters worse, the exact type of device that was used against us is
still unknown. According to the expert analysis conducted by the U.S. Army,
Air Force and Navy tri-service group headed by the U.S. Army�s Medical
Research Detachment (USAMRD) of the Walter Reed Army Medical Center, at
Brooks Air Force Base, San Antonio, Texas, it could have been one of two
known devices, or possibly a device the United States has no knowledge of.
Initially, based on the evidence exhibited through extensive testing and
evaluation of the physical characteristics of the damage and changed
function of our eyes, the possibility exists that the device may have been a
Laser Range Finder (LRF) of the Neodymium-Yttrium Aluminum Garnet Crystal or
Nd-YAG laser. The other possibility is that of a Fosterite laser which is
used to record sound, i.e., the signature of the propeller of a surfaced
submarine.
In essence, this incident left Capt. Barnes and I as victims of what could
be argued was a hostile act in a undeclared war, an act of terrorism and, at
minimum, a federal crime. The use of lasers that blind, whether immediately
or years later, to ward off surveillance is in direct violation of
"Protocol-IV" of the "Certain Conventional Weapons Convention."
The intelligence community has evidence that the KAPITAN MAN and other
vessels owned and operated by the Far East Shipping Company (FESCO) of
Vladivostok, Russia are associated with the Russian military. As a direct
result of this incident the policies of two nations (Canada and the U.S.)
were influenced, insofar as all surveillance of this type was canceled, and
precautionary measures had to be put into effect. Therefore, this incident
can be considered an act of war and terrorism under Title 18, USC, Sec�s.
956, 1363 and 2332b, insofar that it was an assault, resulting in serious
bodily injury or substantial risk of serious bodily injury, and that the
victim was a member of the uniformed services of the United States,
committed in the territorial sea of the United States (including the
airspace above), in an effort to affect the conduct of the United States
government by intimidation or coercion or in direct response to retaliate
against government conduct. At a minimum this incident was a crime in direct
violation of Title 18, USC, Sec. 113, insofar that it was an assault with a
dangerous weapon, with intent to do serious bodily injury, without just
cause or excuse, within the maritime and territorial jurisdiction of the
United States.
It is entirely conceivable that someone onboard the Kapitan Man was using a
Foresite (sic) laser designed to record the acoustic signature of the
propeller on the USS Ohio which was outbound on the surface at the time. In
previous documented instances of the use of lasers against surveillance the
tactic was to aim the device at the pilot and/or the person with an optical
aid such as binoculars or a camera. Therefore it is plausible to conclude
that when we over-flew the KAPITAN MAN either this device, a laser range
finder or another unknown type of laser was turned on us knowing that it
would, in fact, cause harm.
FOREIGN ESPIONAGE ACTIVITY
By way of background, the Russian flagged ship, KAPITAN MAN, and others like
her, sailing under the flags of China, Cyprus and Panama, et al, transit the
Puget Sound on a regular basis, and are suspected by the intelligence
community to be conducting surveillance against our Ballistic Missile
Submarines (SSBN�s) and the Carrier Battle Groups operating out of Bangor
and Bremerton/Everett, WA. Evidence exists in the intelligence community
that indicates that the FESCO vessels actively support the Russian military.
Further, since these vessels also conduct so-called trade in the southern
hemisphere as well, ample opportunity exists for them to conduct
intelligence collection against U.S Naval exercises and operations in the
Southern California operating areas. Similar activity to that in the Pacific
Northwest has also been reported in the vicinity of the Kings Bay, Georgia
SSBN base, and elsewhere.
During the "Cold War" units of this nature were commonly referred to as AGI�
s, sitting offshore at the 12 nautical mile limit, assigned to collect
intelligence on U.S. naval forces operating near by. Since the end of the
"Cold War" era, these vessels now freely transit our waters and enter our
ports under the guise of commercial fishing and merchant shipping, and
engage in a variety of criminal activities in addition to their intelligence
collection role. The information amassed during my investigation into the
activities of these vessels, and their affiliations, is far more complex,
and the tentacles are spread over a far greater area. These activities
include, but are not limited to, former KGB involvement; Russian
Mafia/organized crime activity including extortion, murder and prostitution,
as well as alien, drug, technology and weapons smuggling.
As further evidence of the espionage activities of FESCO and their ships, a
joint U.S. Customs and I.N.S. inspection of the KAPITAN MAN in April, 1993
documented the discovery of devices known as Expendable Bathythermographs
(XBT�s), designed to collect environmental data to assist in the conduct of
antisubmarine warfare (ASW). The particular model found, a "T7," was
manufactured by Sippican Corporation of Marion, Massachusetts designed for
the sole purpose of "�improved sonar prediction in ASW and other military
applications," (see Appendix C). Recent press reporting indicated that
Sippican Corp. publicly stated that these devices "�have no practical use
aboard a cargo vessel." The company further stated that "it has never sold
any to Russia." Additionally, it has been learned that on a subsequent
inspection of the KAPITAN MAN sonobouys had been discovered in an obscure
compartment on board the vessel that had been "booby trapped" by spraying
the bulkheads with dog repellent. Customs and I.N.S. reports substantiate
previous incidents of this method of "booby trapping" and indicate that it
is hazardous and thus poses a threat to drug detection dogs. What many fail
to realize is that, despite apparent improvements in relations between
Russia and the United States, a deadly game of illegal intelligence activity
and Russian organized crime continues within our own borders. Based upon
these facts alone it is reasonable to say that our National Security is in
jeopardy and may in fact have been compromised.
INCIDENT INVESTIGATION
The suspected laser incident during the surveillance of the KAPITAN MAN on
April 4th, 1997 was not reported to higher authority until there was enough
credible evidence to substantiate the claim of such an event. Over the
course of the 48 hours immediately following the flight, the combination of
medical and photographic evidence proved impetus enough to say that a
possible laser firing had occurred. On Sunday, April 6th, 1997, in
accordance with established procedures, both Canadian and U.S. military
chains-of-command and National Command Authorities (NCA) in Ottawa and
Washington DC were notified of the suspicion that a hostile act involving
the use a laser against a Canadian military aircraft (supporting a U.S.
mission) and it�s occupants, including a U.S. Naval Intelligence Officer,
had occurred in U.S. territorial waters.
Prior to my transfer to Victoria, I was briefed by a senior analyst involved
in monitoring the activities of the KAPITAN MAN and other vessels. He stated
that he had been told by Congress he must produce a "smoking gun" regarding
these vessels to be believed. On April 4th 1997, Captain Barnes and I were
on the receiving end of that "smoking gun;" however, it would be determined
at the highest levels of the United States government no such "smoking gun"
would ever be acknowledged. What followed in the critical hours and months
afterward guaranteed that no evidence or proof of this event would ever be
found or established. Despite claims to the contrary, no formal or thorough
investigation has ever been conducted into this series of events. As a
direct result crimes went unpunished and further crimes were committed in
direct violation of current U.S. Federal statutes.
In the hours following the receipt of the formal report of the incident to
U.S. NCA, the Operations Directorate of the Joint Chiefs of Staff decided to
turn over the reins to the National Security Council (NSC) and State
Department because of the sensitivity of the issue. Documentation exists
that reveals that Mr. Robert Bell of the NSC and then Ambassador (designate)
to Russia, James Collins, were involved in the decision making process on
how this incident was to be handled. Other reports indicate that Secretary
of State Madeline Albright also may have played a key role. It was
personally conveyed to me that President Clinton had been consulted and was
being briefed daily in the days immediately following the incident.
Documented results transpiring from these high level consultations indicate
a decision was made to notify the Russian embassy in Washington DC, that
Sunday evening, of the intention to board and search the KAPITAN MAN the
following day in an effort to locate the laser device used. Thus, the
Russian embassy notified it�s consulate office in Seattle which in turn
notified the master of the vessel, providing almost 24 hours advance warning
of the impending boarding and search. Additional reports indicate that
initially the NSC and State Department wanted to allow the KAPITAN MAN to
leave Tacoma, WA without being searched at all, but insistence by the
Pentagon delayed the departure and forced a search.
Further compounding the initial investigation was the fact that the State
Dept. directed Commander, Coast Guard District Thirteen, Seattle, WA to have
the combined U.S. Coast Guard and U.S. Naval intelligence team limit the
actual time of the search to no more than two hours and further restricted
it to "common areas" of KAPITAN MAN only. No warning was given to the local
office of the U.S. Customs Service or the I.N.S. that such a boarding and
search was to be conducted, further limiting the search by minimizing the
jurisdictional benefits of these two law enforcement organizations.
What followed from this point forward was a coordinated effort conducted by
select individuals to disprove that this incident had ever actually
occurred. Evidence was altered, ignored, omitted and refuted. The subsequent
so-called investigations and reports that followed served only to support
the original intentions of a cover-up. Unfortunately, the evidence of the
case remains an errata event which the cover-up cannot hide; both Captain
Barnes and I have retinal damage from a lazing incident which occurred in
the line of duty.
The Department of Defense undertook the investigation into this alleged
incident and it�s handling. At the direction of Secretary of Defense,
William Cohen, (then) Vice Chairman of the Joint Chiefs of Staff (JCS),
General Joseph Ralston, was tasked to investigate the incident, shortly
before he was named as being considered for the Chairmanship of the JCS. A
few days later he subsequently admitted to marital improprieties and
withdrew from consideration for the post. As a result, the investigation was
then passed down to a Navy Oceanographer in the Operations (J3) directorate
(vice an Intel officer in J2) who admitted he had "no expertise in this area
and would rely entirely on ONI�s (Office of Naval Intelligence) findings"
from their investigation.
The factual findings, medical evidence and opinions of the world renowned
experts in laser bio-effects from the U.S. Army Medical Research Detachment
(USAMRD), Brooks Air Force Base, San Antonio, TX, were opposed and
misrepresented by officials at ONI. None of the personnel at ONI involved in
the "investigation" had the appropriate or equivalent expertise or training
to undertake such a task. ONI�s single analyst with a background in lasers
reported to his Air Force counterpart that he had been instructed to stay
out of the investigation, and attempted to unduly influence her not to
publish a report on the incident.
ONI altered and ignored evidence, failed to consult experts within and
outside the organization and then published false results of their
"investigation" which report was publicly released via the Internet and the
press.
ONI also released information crucial to the investigation without obtaining
Canada�s express permission.
On two separate occasions and in front of witnesses, two individuals from
ONI, knowledgeable of the investigation, admitted to being influenced by
senior officials within the organization to limit the extent of the
investigation. Stating "we were instructed to deal only with the data
available�our hands have been tied on this (investigation)," and very early
on in the process one individual stated he was being pressured "from above
to sweep it under the rug."
The investigation conducted by the House Permanent Select Committee on
Intelligence (HPSCI) staffers has also been less than accurate and complete.
Official Congressional and Senatorial inquires as to the status of the
investigation have been responded to with the statement that "the
investigation is still open." In January �98, one of the HPSCI staffers who
had interviewed me in Canada in August �97 , told me that no report from
that interview had been drafted, since it was considered to be a "low
priority," and that "investigating if there are extra-terrestrials on earth
and the truth behind Area 51 were more important." In September �98 I again
questioned the status of their investigation and was informed by the
Minority Counsel that no further active investigation had been undertaken
since the interview in August �97. A press statement regarding the
conclusions of this investigation was released and quoted in the Washington
Times on October 16th, 1998 that turned out to be nothing more than a
parroting of the report issued by ONI. The reason this investigation was not
actively pursued further has yet to be explained.
I sent a letter, dated October 6th, 1998, to the Attorney General of the
United States, Janet Reno, outlining my concerns regarding this incident and
it�s handling. To date I have received no reply. A follow-up phone call to
the Attorney General�s office indicated that the letter had been passed on
to the National Security division at the Federal Bureau of Investigation
(FBI). After numerous phone calls to that office, I was informed that it had
once again been passed on to the Washington, DC, field office. Repeated
telephone calls to this office in order to ascertain the whereabouts and
status of this letter have been futile, and numerous requests for a return
call have been ignored. This is not surprising considering that in an
interview with an FBI agent from the Seattle field office in April 1997, the
statement was made to Capt. Barnes and I that "since no device was found
during the search the case is considered open and shut." Recent
consultations with an Assistant United States Attorney revealed that this
method of handling this incident is contrary to the norm under U.S. laws and
enforcement thereof.
CONCLUSIONS
The fact remains, regardless of all other circumstances surrounding the
incident of April 4th, 1997, that I, Lieutenant Jack Daly, United States
Navy and Captain Patrick Barnes, Canadian Air Force, suffered permanent eye
damage as a result of laser exposure(s) during the surveillance flight
conducted against the Russian flagged motor vessel, KAPITAN MAN. Further,
because of the lack of knowledge regarding the exact type of laser device
that was employed against the aircraft, the extent and long term effects of
this laser exposure(s) cannot be definitively diagnosed.
Despite current treaties banning the use of "blinding lasers," other devices
that can cause irreparable eye damage can be obtained, manufactured and
employed as weapons against military and civilian personnel alike. The ease
of which these lasers can be produced and their low cost increases the risk
of proliferation to criminal elements, rogue states and terrorist
organizations. Lasers that are injurious or are potentially injurious are
clearly a present danger now and will continue to be a threat in the future.
Recent incidents, such as described in detail in the aforementioned
paragraphs and the November 1998 incident in Bosnia in which a U.S. Army
helicopter crew was injured, support the demand for increased intelligence
of other nations� efforts regarding the development and employment of these
laser devices. Additionally, it is necessary to continue to update and
employ protective eye-wear and countermeasures that protect against the
damaging effects of these devices. Because of the continued emphasis placed
on the scientific development of lasers in nations like China, Russian and
Serbia, amongst others, it is absolutely imperative that we continue our own
efforts in research and development and adopt the philosophy of "thinking
out of the box" to ensure we can combat these threats as they emerge. Laser
weapons are here to stay, they are a current and elusive weapon of choice in
dealing with pilots, surveillance and intelligence collection.
The political treatment of the KAPITAN MAN incident was an effort to
minimize any detrimental impact that might result in jeopardizing relations
with Moscow, agreements reached under the Gore-Chernomyrdin Commission and
(at the time) the upcoming Russia-NATO pact. This sent a very dangerous
message not only to the crew of the ship and the Russians, but to anyone
with an ax to grind with the United States who followed the story in the
resulting press coverage. The message that came across was that you can
commit a hostile act or crime within U.S. borders, injure U.S. service men
and women, and, because of political sensitivities, you can not only get
away with it, you will be assisted by the very government you have offended.
There will be those who will claim that this approach was taken "for
National Security" reasons. However, it is our National Security that has
been jeopardized and our nation which has been weakened. Considering the
ever increasing instability around the world, particularly in Russia with it
�s numerous nuclear weapons and instability, our National Security depends
on increased vigilance now more than ever before.
In fulfilling my duty as a Naval Officer and while upholding the oath that I
took to protect and defend the United States against all enemies, foreign
and domestic, I was wounded in the line of duty. However, for some unknown
reason, since April 4th, 1997 I have been accused of having fabricated the
entire event and labeled a liar, a lunatic and a traitor. My loyalty to the
United States Navy has been questioned and I have been passed over for
promotion. I have even been accused of withholding intelligence from the
U.S. on this issue.
The actual reasons why this incident was handled the way it was is unknown.
However, the information provided today paints less that a "rosy" picture of
the real relationship between Russia and the United States. My greatest fear
is that our na�vet� and ignorance will continue to foster complacency and a
false sense of security that will prove to be our undoing.
I would like to express my sincere gratitude to this honored body for
providing me the opportunity to appear here today.
http://www.house.gov/hasc/testimony/106thcongress/99-02-11daly.htm
Bard
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