Marine Released from Civilian Custody after Refusing to Testify Against Fellow Marine

newsmax.com ^ | May 30, 2008 | Nat Helms

[kellynla]

A Marine sergeant accused of murdering an Iraqi insurgent at Fallujah more then three years ago was returned to Marine Corps control Thursday after spending a week in a Los Angeles civilian jail on federal contempt charges.

US District Judge Percy Anderson ordered Sergeant Jermaine Nelson released from the Metropolitan Detention Center in Los Angeles a week after ordering him confined for refusing to testify against his former squad leader in a related federal murder investigation, his lawyer Joseph Low said.

Nelson is charged by the Marine Corps with unpremeditated murder and dereliction of duty for allegedly shooting an Iraqi insurgent prisoner in the opening hours of the month-long battle in November, 2004. Nelson is currently stationed at Camp Pendleton.

Before obtaining legal counsel last year, Nelson confessed to shooting one of the prisoners and witnessing the deaths of three others. He claimed that his former squad leader Sgt. Jose L Nazario ordered him and another Marine to help execute four captured insurgents.

Nazario says the event never happened.

Government prosecutors granted Nelson testimonial immunity last month and ordered him to testify before the federal Grand Jury looking into the case. He refused and was locked up for contempt, his lawyer Joseph Low said at the time.

[kellynla]

Semper Fidelis!

[kellynla]

ping

[freema]

Pingarooney!!!

[usmcobra]

Here’s a weird thought, perhaps Nelson Lied about shooting a prisoner and witnessing the deaths of three others.

Knowing that his “confession” was about to be exposed as a fraud he refused to repeat what he had said even with immunity since such immunity does not cover perjury.

[Judges Gone Wild]

No body, no crime scene, no evidence, no crime!

[ticked]

bumpity-bump-bumpbump!!!

[freema]

Hi, ticked!

[RedRover]

Previous thread:
Marine Jailed by Federal Judge for Refusing to Testify Against Brother Marine, May 22, 2008.

[RDTF]

woohoo!

[ticked]

Howdy, freema!

[yefragetuwrabrumuy]

This is a damnable exercise from the very beginning. The reason for the existence of a military justice system is because the civilian courts are incapable of judging the actions of military personnel under military authority.

This is such an infringement that any military personnel who *agree* to participate should later be prosecuted by the military under UCMJ General Article 134.

[Girlene]

Before being released Nelson again told Anderson he would not testify against Nazario. The exasperated judge ordered Nelson to return on June 18 to appear before the Grand Jury and suggested that he at least "listen to the questions," his lawyer said.

Nelson responded that he did not intend to change his mind.

LOL. Maybe the judge will be happy if Nelson just shows up and listens, so won't need to lock him back up for contempt. He shouldn't expect a different outcome.

[BuffaloJack]

Semper Fi, marine !!!
What happens on the battlefield, stays on the battlefield.
Civilian courts should not and cannot have jurisdiction over what happens in battles. These men are not law enforcement officers, they are soldiers. They are trained to kill, not apprehend.

[Girlene]

Nelson has his own court martial to contend with. While he was locked up for contempt in a federal court, he was unable to appear for his own military court arraignment at Camp Pendleton. Signon SanDiego What a mess.

[YOUGOTIT]

It is called torture and a total violation of the Constitution (Amendment 5) when someone is placed in jail in violation of the Constitution, by the black robed dictators.

[bigheadfred]

The whole thing is Mondo Bizarro.

The freaks running these shows need to be deported to their home planet(s).

[Girlene]

LOL. It is a big mess, IMO.

[freema]

Hell, Girlene, even Superman couldn't be a Marine these days. Duty, Honor, Courage, babykiller, jihadikiller, Court, Courtmartial.. I heard a nasty rumor the Corps is going to issue a good pigskin-bound calendar to each new recruit so he knows where he's supposed to be what and when he's supposed to be it. Be all you can be, eh? I hear fat jack is gonna underwrite the expense.

[bigheadfred]

Hell, Girlene, even Superman couldn't be a Marine these days

And thus my reference to Bizzaro...

[freema]

Some days I just GRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR

Haven’t talked to you in awhile, fred, how’s it hangin’. How’s Evan?