Marine arraigned today in killing of Iraqi prisoners [Jose Nazario / Fallujah]

North County Times ^ | August 16, 2007 | MARK WALKER

[RedRover]

We broke this story two days ago on this thread: Fallujah Marine Faces Charges of Conspiracy to Murder in California Federal District Court.

This investigation, still no more than a fishing expedition, has cost this veteran his dream of a career in law enforcement.

I have an e-mail from his lawyer...

This kid is innocent, no doubt in my mind. And he is truly destitute. He is making $475 a month unemployment, result of his firing from the PD and he had just purchased a home with his wife. He will certainly lose everything without help.

Getting this kid employment in some area, security, etc., for his own piece of mind would be great.

I'll post more information when we have it, but if anyone in the Riverside/Los Angeles area can help a Marine with a job in security or related areas, please let me and I'll share his lawyer's e-mail address.

What NCIS has done to this man is an absolute crime.

[wideawake]

A Riverside Police Department officer until he was fired last week

Typically, police officers who are under investigation for, or are charged with, crimes get put on unpaid leave pending the outcome of a trial.

This is a fascinating exception.

[RedRover]

I'm sure this Marine can look after himself, but, at the moment, his life has been ripped out from under him.

If anyone can give this Marine a hand with a job, please do get in touch.

[Vn_survivor_67-68]

The Criminal Division of the United States Attorney’s Office for the Central District of California prosecutes federal crimes.

Assistant United States Attorney Thomas P. O’Brien is the chief of the Criminal Division.

The United States Attorney’s Office for the Central District of California has a branch office located in Riverside, California.

Assistant United States Attorney Sheri Pym is the chief of the Riverside Branch Office.

http://www.usdoj.gov/usao/cac/index.html

[jazusamo]

It is my understanding Navario was still a probationary officer, that accounts for his firing. Departments fire probationary officers if anything comes up during their probation.

[stm]

This, and all the similar cases pending against Marines should be tossed. You want total war? THEN LET US DO OUR DAMN JOBS!

[Girlene]

This is such a shame. A Marine who faught in Fallujah should not be destitute, without a job, and facing the full power of the US gov’t with some pretty shaky charges. There are no bodies, no forensics, no ballistics, no buildings. There is a rumor. This is enough to destroy his life with a fishing expedition instigated by NCIS?

These guys were in a fight for their lives and their brothers. We asked them to wage this battle. They need to be allowed to get on with their lives. They gave enough in Fallujah.

[RedRover]

The first story by Nat Helms (link above) was clearer. Nazario was a probationary patrolman for the Riverside PD.

[expatguy]

Thanks for the ping!

An American Expat in Southeast Asia

[RedRover]

They gave enough in Fallujah.

And these enlisted guys get out of the Marines with whatever little bit they managed to save.

Thankfully, the lawyers are willing to represent him pro bono. For now. A case like this in civilian court is a whole lot more expense than a military case. All the costs from expert witnesses (including travel and accomodations) to mountains of Xeroxing is borne by the defense.

[Girlene]

Lt. Gen. Mattis should be quite familiar with the conditions in Fallujah, From Wikipedia, ...

General Mattis played a key role in the April 2004 battle of Fallujah, Operation Vigilant Resolve, by negotiating with the insurgent command inside of the city, as well as playing an important part in the November 2004 battle of Fallujah, Operation Phantom Fury.

Since Nazario is not in the Marines anymore, did Lt. Gen. Mattis have any part in okaying these charges?

[RedRover]

Since Nazario is not in the Marines anymore, did Lt. Gen. Mattis have any part in okaying these charges?

Absolutely not. NCIS is "freelancing" this case to a civilian court. The case has no military convening authority.

[RedRover]

This might be of interest.

[RedRover]

Post # 10 was meant for you.

[RedRover]

You’re welcome, expat!

[Dubya]

We should blow that place plumb off of the map.

[Dubya]

[Girlene]

Here's another link to an AP article on the Las Cruces Sun News. Ex-Marine charged in Fallujah deaths

This was a bail hearing. From the article...

By THOMAS WATKINS Associated Press Writer Article Launched: 08/16/2007 01:35:29 PM MDT

LOS ANGELES—A former Marine sergeant has been charged with voluntary manslaughter in the killings of two captured Iraqi insurgents in Fallujah in 2004, his lawyer said Thursday.

Jose Nazario was to appear in federal court in Riverside for a bail hearing Thursday, attorney Emery Ledger told The Associated Press. He said Nazario was charged last week.

"He absolutely maintains his innocence," Ledger said.

The Navy has been investigating claims that Camp Pendleton Marines killed between five and 10 unarmed suspected Iraqi insurgents who had been captured during a fierce battle in Fallujah in 2004. The probe centers on the actions of several former members of 3rd Squad, 3rd Platoon, Kilo Company, 3rd Battalion, 1st Marines.

Nazario was squad leader. Because he is no longer in the military, his case is being handled in federal court.

According to a Naval Criminal Investigative Service criminal complaint supplied by Ledger, the killings occurred Nov. 9, 2004. The complaint says several Marines, whose names are redacted, allege Nazario shot two Iraqi men who had been detained while his squad searched a house.

The complaint states the squad had been taking fire from the house. After the troops entered the building and captured the insurgents, Nazario placed a call on his radio.

"Nazario said that he was asked, 'Are they dead yet?'" the complaint states. When Nazario responded that the captives were still alive, he was allegedly told by the Marine on the radio to "make it happen."

According to the complaint, Nov. 9 was a day of heavy combat during which one member of Nazario's squad was killed.

Ledger said Nazario was arrested Aug. 7 and placed into custody with the NCIS, but released that day with a summons to appear.

After leaving the military, Nazario was working as a probationary police officer with the Riverside Police Department. He was fired the day of his arrest, according to a police letter supplied to the AP by Ledger.

The allegations against him surfaced when Ryan Weemer, a former Marine corporal, applied for a job with the Secret Service. Prosecutors claim Weemer described the killings during a polygraph test that included a question about whether he had participated in a wrongful death, said his attorney, Paul Hackett.

Hackett, a Marine reservist who has served in Iraq and ran for Congress in Ohio, has said his client did nothing wrong and never said otherwise during the job interview.

"Weemer, along with his fellow Marines, fought valiantly ... through the hellhole of Fallujah, and ask for little more than to return to the lives they left behind with the hope and promise that defines America," Hackett said.

Weemer has not been charged. Naval Criminal Investigative Service spokesman Ed Buice directed questions to the U.S. attorney's office, where spokesman Thom Mrozek declined to comment.

[xzins]

ping to #1

[RedRover]

Thanks, Girl! I love this...

...Ed Buice directed questions to the U.S. attorney's office, where spokesman Thom Mrozek declined to comment.

But I bet Thom Mrozek was thinking, Damn that Nat Helms! This was supposed to stay quiet!