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Thin Air: Evidence Fails to Materialize in Fallujah Murder Trial
Defend Our Marines ^ | August 26, 2008 | Nathaniel R. Helms

Posted on 08/26/2008 6:49:35 AM PDT by RedRover

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There's a "live thread" for the Nazario trial HERE. We'll have news throughout the day.
1 posted on 08/26/2008 6:49:35 AM PDT by RedRover
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To: RedRover

Somebody call John Murtha as a witness. Apparently, he has solid reasons for his slanderous accusations and therefore he should be a material witness for the prosecution.


2 posted on 08/26/2008 6:51:25 AM PDT by bpjam (Drill For Oil or Lose Your Job!! Vote Nov 2008)
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To: RedRover

“He did not see them do it, Carlisle acknowledged”

So his testimony is worth......?


3 posted on 08/26/2008 6:51:57 AM PDT by dynachrome (Henry Bowman is right)
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...

4 posted on 08/26/2008 6:58:55 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: dynachrome
So his testimony is worth......?

Nada. If he's the best the prosecution has, this thing is over.

5 posted on 08/26/2008 7:08:10 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

>>Much of the man’s head was missing, Carlisle said.

“What kind of weapon did Weemer have?” Fox asked.

Carlisle: He shot him with his 9 mil [Beretta].<<

With a 9 mm, much of the man’s head was missing? Not likely.


6 posted on 08/26/2008 7:09:52 AM PDT by B4Ranch ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you"--John Steinbeck)
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To: RedRover; Lancey Howard; brityank; jazusamo; smoothsailing; 4woodenboats; lilycicero

There is only one question that I’d ask Carlisle.

“Did you see Sgt Nazario kill anyone?”

Perhaps I’d add: “Did you see Sgt Nazario even fire his weapon near the prisoners?”

Another: “Did you see anyone kill anyone?”

The storyline makes it clear that anyone inside that house had within minutes been actively engaged in trying to kill Americans, and their disposition was NOT one of prisoners of war.

They were attempting to fool the squad into believing they were non-combatants. Who knows what communication they had just made to other insurgents prior to the squad entering that building.

Nazario said that it never happened. I wonder if he means the entire event, or if he means only the killing of prisoners.

Any movement on the part of any of those insurgents could have been a pre-arranged signal. Any squad leaving that building could have meant pre-notified insurgents were to move into the building and free anyone left manacled. Any squad leaving that building with prisoners was to be tracked and killed now that the squad had been divided into prisoner guards moving to the rear and fire team moving forward.

It’s clear those men were fighters. The discharged weapons and other weapons prove that.

The only safe harbor for that squad was to move out of that building in force.

This sounds really jumbled though.

If some say there was a communication with higher, and the government insisted that was the reason for the prosecution, and now they’re not even pursuing it, then we’re left to conclude there was no communication because too many dispute it, most importantly, the radio operator.

If that story is false, then what other parts of the story are probably false. There can be no conclusion drawn, and Nazario’s version is as likely as anyone elses.

Not one person is testifying they saw him kill anyone.


7 posted on 08/26/2008 7:17:35 AM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RedRover

So according to LCpl Carlisle, this concrete house was being used as a fighting position. After being unable to blow open the front, they go in the back and find 4 people (a typical insurgent fighting formation). They found expended AK-47 shells on the roof, an unloaded AK47 in one room, two more AK’s in a rug room.

Ummmm, I’d say these guys were insurgents who had fired on US Marines. They were trying to play the “Beat the Marines using their ROE’s”. They lost.

Now if this alleged incident had happened a couple/few days later in the battle of Fallujah, the Marines would have been within (or close enough to) acceptable ROE criteria. So, how many Marines had to die/get wounded to loosen up the ROE’s? Would this group of Marines have ever been charged if this alleged incident had happened a few days later in the battle?


8 posted on 08/26/2008 7:24:29 AM PDT by Girlene
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To: RedRover

I hope the Judge has the wisdom of Solomon.


9 posted on 08/26/2008 7:26:19 AM PDT by lilycicero (Prosecution is a team of drama queens............)
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To: Girlene

Would someone please post the website where we can make donations to their defense.


10 posted on 08/26/2008 7:28:12 AM PDT by cpdiii (roughneck, oilfield trash and proud of it, geologist, pilot, pharmacist, iconoclast.)
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To: RedRover
Nada. If he's the best the prosecution has, this thing is over.

Agree, Red.

Think about this as allegedly happening in an American city 3 or 4 years ago between members of a gang or a drug deal gone bad and one or two people came forward and told this story.

I don't believe there's an investigator or a prosecutor in the country that would have taken this to a Grand Jury or preferred charges for a prosecution. If they had have I'm sure a judge would have thrown it out of court. That's my thought on it.

11 posted on 08/26/2008 7:42:58 AM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: cpdiii; RedRover
I think this is the place to donate for the Fallujah Marines. The Warrior Fund at United American Patriots.



You can donate online or mail donations to:
United American Patriots Warrior Fund / 'Case'
5817 Starboard Drive,
Suite 100
Greensboro, NC 27410

Note: Indicate the 'Case' you wish to donate to. I think the 'Case' would be Fallujah Marines

Correct me if I'm wrong, Red.
12 posted on 08/26/2008 7:52:08 AM PDT by Girlene
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To: jazusamo

Our Justice Dept. More evidence of what a charming president we have in the Oval Office. Bush should have pardoned these marines on day one, while suggesting that Murtha go blank himself. But naturally our president folds up, says nothing and allows marines, border guards and anyone else defending this nation to be given over to the tender mercies of the leftist-run DOJ. Bush made two good decisions in 8 years—Roberts and Alito. And he had to be forced into them at that!


13 posted on 08/26/2008 7:56:54 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: xzins

These were out of uniform fighters trying to pass as non-combatants. They fall under the heading of spys and sabotures and can be summarily shot at will...


14 posted on 08/26/2008 8:14:46 AM PDT by El Laton Caliente (NRA Member & www.Gunsnet.net Moderator)
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To: xzins; RedRover; Lancey Howard; jazusamo; Girlene

Concur, Chaplain; thanks for your thoughts.

This is a hearsay case that never should have been brought to court; the Judge is a freaking idiot for not tossing it and penalizing the prosecutors and their minions.


15 posted on 08/26/2008 8:48:15 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: Girlene; All
Thanks for the hand, Girl!

You posted the essentials. There's more information HERE and in a pdf HERE

16 posted on 08/26/2008 8:48:39 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover; xzins; brityank
Thanks, back, Red!

From this North County Times article about Weemer's plea, MILITARY: Not-guilty plea entered in Fallujah killings :

Assistant U.S. attorney Jerry Behnke disclosed Friday that the Marine Corps went beyond a letter of immunity for Nelson. The service, he said, offered to drop the murder charge and allow him to plead guilty to dereliction of duty and remain in the Marine Corps if he would testify for the government.

Why is the military willing to reduce charges on Weemer and Nelson, essentially with no or little brig time, to help the US attorneys get a conviction for Nazario in federal (civilian) court? It would seem this is the workt thing they could want for the future of the military. Having your servicemen be culpable for battlefield decisions, years later, in a civilian court is not a great recruiting tool. This case is a dangerous precedent. And, yet, it is the USMC who is throwing away their own chance to convict Weemer and Nelson under the UCMJ, and instead are trying to DIRECTLY help the federal prosecutors win a case that had little evidence.

Why?
17 posted on 08/26/2008 9:57:08 AM PDT by Girlene
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To: RedRover
Carlisle said he led Weemer, Nazario, Nelson, and two other Marines through the back door to discover four insurgents sitting unarmed on the floor

So Carlisle personally established the point of ingress/egress

Prentice and Carlisle left the living room seeking a way out of the house. They went to the front door first, but it was locked, Carlisle added. About that time they heard the first of a series of shots

Carlisle can't find his way out of the house? Why not leave through the same door he safely entered? I would think any new door would present a new challenge.

So if Carlisle isn't involved, where is he during the alleged executions?

“I was actually re-searching the rug room, and that’s when I heard the first gunshot and I came to find out what happened,” Carlisle said.

This testimony sounds contrived. Carlisle claims Nazario asked Prentice if he wanted to shoot one (and claims he had to urge Prentice not to) - why wouldn't Carlisle get the same offer?

Seems Carlisle is the only one in that house that isn't bent on killing "docile prisoners of war" according to Carlisle.

We know that Fox is dangling a murder charge over Nelson's head, a charge apparently so weak that the government will drop the whole thing if he just testifies that one of his buddies murdered someone.

We know this sleazy, despicable tactic is by design meant to generate confessions that someone else did something bad. It is a scare tactic used solely to score a conviction. It offers nothing in the way of truth and impedes justice.

I strongly suspect Fox of dangling the same rancid offer over Carlisle's head, and his garbled testimony lends that suspicion some footing.

18 posted on 08/26/2008 10:55:43 AM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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To: Oldpuppymax

Not to excuse Bush, but if he had pardoned anyone, the leftest and the rest of the world would have said he pardoned guilty men. Who do you think the press would support? Plus, if he had said ANYTHING, that would be an example of command influence, which is wrong for or against. These men are getting the shaft, no matter which way the trial ends, and until we get patriots leading our country again, they will not be the last. In my 22 years in the Corps (mustang, 03) it was always mission and you men, from fire team leader up. It seems like field grade officers have forgotten that. Semper Fi, and I mean it !


19 posted on 08/26/2008 11:31:29 AM PDT by gunner03 ("03" Mustang)
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To: Girlene; brityank; jazusamo; xzins; 4woodenboats; All

Got a quick lunchtime update.

Carlisle’s testimony, so far, is as we reported it would be, right down the line.

The only surprise is that the prosecution produced photos of the house (taken by NCIS investigators). Carlisle was asked, “Is this the room where you saw the men?” “Yes.” “Is this where you saw Weemer standing?” “Yes.”

There’ll be more testimony from Carlisle this afternoon.

The only other witness this morning was a warrant officer who testified about the procedures for processing prisoners.

BTW, some courtroom observers think the jury will get the case Thursday.


20 posted on 08/26/2008 1:17:23 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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