Posted on 08/20/2008 2:26:52 PM PDT by RedRover
Thanks so much for this thread. (Yes, lily I have become a “night owl”). Happy to know that Nat is there - we can expect to have some very “informative” reports!! Prayers up for Jose Nazario.
If he's not charged by the military, then he can be charged by the civilians when he gets out. And he could receive punishments other than jail time, and such punishments do exist.
Also, he could be charged with lesser offenses that would go on his record and ruin his career prospects, whether military or civilian, for the rest of his life.
Marines Refuse to Testify Against Former Squad Leader
Riverside, California--Sergeants Ryan Weemer and Jermaine Nelson have refused to testify against their former squad leader, Jose Nazario, in his manslaughter trial.
The two Marines arrived in court in uniform and stood at parade rest as Judge Stephen Larsen warned them and their attorneys that criminal contempt charges could now follow.
The court recessed and the judge will make a decision regarding procedural issues. Will the two Marines be forced to take the Fifth in front of the jury?
There'll be more HERE soon.
OUTSTANDING!!
Truthfully, after listening to that gobbledygook on the tape transcripts, their testimony would be worthless. They sound like they were honestly confused about what they remembered.
The prosecution and NCIS cherry-picked the parts they liked and left out the very real confusion that was there.
Their testimony, if compelled, could be “I was and still am confused about my memories.”
“Well, Sgt Weemer, did you or didn’t you shoot these people with Sgt Nazario?”
“I shot a lot of folks, sir. It’s all blurred together. It happened so fast. I can’t swear that anything in all that happened is true.”
:)
2 stand up Marines!
The core issue is that the Convening Authority, General Helland, has not granted immunity to either sergeants Weemer or Nelson.
Joseph Low and Charles Baine Johnson (attorneys for Nelson and Weemer) had heated exchanges with the prosecution.
The prosecution argues that this is just a stalling tactic. “Whatever guarantees they receive,” said a prosecutor, “will never be enough.”
The judge sided with the government.
“There is sufficient immunity in the law,” Judge Larsen said. “Nothing that is said in this court could be used against defendants in a court martial.”
The judge was careful to be certain that the two Marines and their attorneys understood the severity of criminal contempt, as opposed to civil contempt.
These men are almost certainly going to end up in prison.
I'm throwing up in my mouth a little.
It seems to me that the civilian judge is wrong, and it seems that Paul Hackett, Weemer's lawyer, must disagree with him. The UCMJ is separate, and they could be charged under it, and if they aren't provided immunity, then they should not expect it. It would be foolish to expect it.
If charged with murder, what is their time in jail if convicted? If charged with criminal contempt, what is their time in jail?
Small point for clarity: Hackett’s out of the picture. And that’s a good thing.
Thanks for your insight, Red.
It seems that Low and Johnson must disagree with both the prosecution and Judge Larsen, and strongly to possibly subject their clients to prison for criminal contempt.
I have no clue but I wonder if the judge is fully versed on evidentiary procedure in the UCMJ?
Is it possible that this may be a case where the defense feels a prison sentence for contempt could be a much lighter sentence than what they could receive should they be convicted in a military courts-martial?
I thought I saw Hackett’s name on something just the other day, but maybe it was an old article. In any case, I agree.
Weemer made his mistake prior to signing on with Hackett, but Hackett was a local democrat candidate for my congressional seat. I voted against him. He lost.
He was in the news again last year for chasing down (shooting their car maybe?) some hoodlums near his house in Indian Hills (richest neighborhood in Cincy).
I’m with you.
The last time the two were thrown in civilian jail, they were released to “open arrest” at Pendleton.
This is all uncharted water. God knows how it’s going to end.
Man, I can’t imagine how this will shake out or what the attorney-client gameplan is.
What a mess.
Rumor has it that NCIS was on the case within four hours of Weemer’s statement to the Secret Service. Bet Gen Helland wishes they weren’t such eager beavers.
NCIS is a #!@^%$#*((^$*)&$ group
Meanwhile the rest of the country is waiting for a text from Obama....pass the puke bucket.
Sergeants Weemer and Nelson have been remandered to trial for criminal contempt on September 29th at 1:30. They are released on their own recognizance.
Before reaching this decision, the judge heard arguments from both sides.
The defense asked the judge to consider the unique contributions these Marines had made to their country.
The prosecution argued that the refusal to testify was neither far nor right to the United States or the government's case. "After all the evidence has been presented," the prosecutor said, "it will be clear that this was an execution."
Judge Larsen showed remarkable restraint and compassionate for the defendants. He said that the defendants are presumed innocent and, as far he knew, they were innocent and would remain so until proven otherwise.
Nat said it was the most dramatic morning he'd witnessed in 20 years of following cases: as Army investigator, police officer, and reporter.
Thanks, Red. That’s pretty laughable that the prosecutor in this case is belittling Marines for what is fair, I believe he’s out of touch with reality.
God Bless Nazario, Weemer and Nelson.
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