Posted on 07/10/2008 9:28:11 AM PDT by xzins
(Published July 10, 2008) CAMP PENDLETON, Calif. — Marine Sgt. Ryan Weemer hoped his battle experience in Fallujah and other Iraqi hot zones would pave the way to a job in the Secret Service.
Instead, the 25-year-old is among three Marines charged with murdering unarmed captives in November 2004, during some of the heaviest house-to-house fighting of the Iraq war.
ADVERTISEMENT Cracking the Code of Sexual Chemistry and Attraction Still Time to Slim Down for Summer More Scholarships for Working Moms Going Back to College
Weemer is due in a Camp Pendleton courtroom Thursday for a daylong preliminary hearing, known as an Article 32 hearing, before an investigating officer who will determine whether there is sufficient evidence to support court-martialing the Marine on one count of murder and six counts of dereliction of duty.
The case first came to light when Weemer allegedly described the killing during an interview with the Secret Service after being asked during a polygraph test whether he had participated in a wrongful death.
Military prosecutors claim Weemer, of Hindsboro, Ill., fatally shot an Iraqi after his squad leader grew irate that AK-47 rifles were found in a house the detainees claimed was free of weapons.
The squad leader, Jose Nazario Jr., 27, of Riverside, Calif., has been charged with two counts of voluntary manslaughter in the killing of two captives "upon a sudden quarrel and a heat of passion." Because he has already completed his military service, the former sergeant is scheduled to be tried in August in federal court.
A third Marine, 26-year-old Sgt. Jermaine Nelson of New York, is slated to be court-martialed in December on charges of unpremeditated murder and dereliction of duty.
A naval investigator testified during Nelson's Article 32 hearing in March that the Marine told him Nazario was getting radio commands to hurry up inside the house and demanded that Nelson and Weemer help him kill all four captives rather than take them along.
Defense lawyers for Nazario say the prosecutors' case lacks physical evidence. Last month, Nelson and Weemer were jailed for refusing to testify against Nazario before a federal grand jury believed to be investigating the case.
Both were released July 3 and returned to Camp Pendleton, where they are working in a non-combat capacity.
The killings on Nov. 9, 2004, came after the squad captured men they believed had been shooting at them from a house.
A year after those alleged shootings, a different squad from the same company - Kilo Company, 3rd Battalion, 1st Marine Regiment, 1st Marine Division - was involved in the killings of 24 civilians in Haditha, Iraq, in November 2005 after a roadside bomb hit a Marine convoy.
The Haditha case was the largest criminal prosecution to emerge from the Iraq war as eight Marines initially were charged with murder or failing to investigate. Charges were dropped or dismissed against six, however, and one, an officer, was acquitted of charges that he failed to investigate. Only squad leader Staff Sgt. Frank Wuterich, of Meriden, Conn., still faces voluntary manslaughter and other charges.
Ping to Weemer Art 32 background.
Sorry about not deleting the advertising blurb in the middle of the article.
We are going to destroy the lives of three of our best and most honorable men because of decisions made in combat.
Soon there will be no more good and brave men left to stand between us and the hoards eager to rape and pillage our once strong country.
Sometimes, the manner in which they charge someone demonstrates vindictiveness. That’s the case with 6 charges of dereliction of duty. They are all add-on, pile-on picayunish charges designed simply to get someone.
It also, very strongly indicates to me a real lack of confidence in their murder charge.
I’m really tired of the “let’s get ‘em” mentality of these military prosecutors. I’d like to see some of them demonstrate a “let’s strive for truth” attitude.
Does anyone honestly think that we should put a combat injured soldier in prison, when we can’t prove he committed any murder, but we we can maybe build a case that he didn’t follow proper procedures? (Specification 4: was derelict in the performance of his duties in that he willfully failed to follow paragraph 3.a (Basic Principles of the Law of War) of enclosure (2) of Marine Corps Order 3300.4. (Marine Corps Law of War Program). )
Hoping these charges will be nipped in the bud at this Art 32. These type prosecutions have got to come to an end.
Ping
Thanks Red.
Ok...that part really confused me in the article.
Ah..I should have read your post first :)
I guess we will know more in August after the fed court has there say in the matter.
I'm not jumping to any conclusions here, but if this if this is what happened:
A naval investigator testified during Nelson's Article 32 hearing in March that the Marine told him Nazario was getting radio commands to hurry up inside the house and demanded that Nelson and Weemer help him kill all four captives rather than take them along.
Then there is a problem here. Killing unarmed prisoners is not acceptable. But, at least at first glance, the prosecution case seems pretty weak. We shall see.
At first, I thought it was an ad directed at working moms going back to college who needed help slimming down and cracking the code of sexual chemistry. Then I realized it just lacked punctuation.
Yes, we shall.
Looking for the first reports on today’s hearing. Haven’t seen anything yet. I hope the NC Times gets it first since the AP is banned.
The NCIS has been less than honest and neutral in their investigations of Marines of alleged wrong doing in combat situations. This has been going on for over two years.
The statement I made was not made lightly. If you would like some background and info on this you can visit:
Agreed the case is very weak. The investigator’s testimony was total hearsay—what someone told the investigator he understood someone else said.
Meanwhile, the radio operator at the scene denies the communication took place.
We’ll see what the judge makes of all this.
Daydreaming ... ...
What would happen if all of these Marines, once cleared through dropping the charges or adjudication, brought their own UCMJ Sub Chapter X claims for:
Thanks for the info, Red and all.
Somewhat. I know the Haditha charges turned out to be baseless.
That being said, I have faith in the UCMJ. It is my understanding that protections for the accused under that system are better than in the civilian courts.
Too bad that didn't read "heresy". That way, when I'm burning the SOB at the stake, and I laugh in fiendish glee, my conscience will still be clear. :-)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.