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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

Riverside, California--The first witness with personal knowledge of what allegedly happened at Fallujah, Iraq in 2004 is expected to testify today against his former squad leader in US District Court.

Former Lance Corporal Corey Carlisle was a Mormon missionary working in Indiana last year when he told a Naval Criminal Investigative Service investigator he heard and saw events that indicated several of his squad mates killed enemy prisoners in the opening hours of the battle.

Carlisle told NCIS Special Agent Mark O Fox that his former squad leader Sgt. Jose L. Nazario, his fire team leader Cpl. Ryan Weemer, and an attached Marine corporal from the unit’s Weapons Platoon named Cpl. Jermaine Nelson killed four prisoners with their personal weapons.

He did not see them do it, Carlisle acknowledged in his statement.

Friday, Nelson and Weemer, now sergeants stationed at Camp Pendleton, took the Fifth and refused to testify in the case. They have been ordered to return to court September 29 where presiding US District Judge Stephan Larson will decide whether to incarcerate them in federal custody for criminal contempt of court.

Both Marines face general court-martials for murder and dereliction of duty. Monday Weemer entered a plea of “not guilty” at his arraignment on the charges. He is accused of killing one of the unknown prisoners with his pistol.

Carlisle was grievously wounded at the iconic Hell House fight four days later and evacuated home. Weemer was shot three times in the same skirmish, where Nazario was trapped for 90 minutes under the guns of fanatical foreign fighters and Nelson was outside trying to get in.

Two Marines earned Navy Crosses during the legendary fight that is already inscribed in the colorful annals of Marine Corps lore. The battle left one Marine dead and 10 wounded.

Carlisle, 26, was first interviewed in Elkhart, Indiana in the winter of 2007 and again in Lawrence, Indiana in the spring when he gave Fox a recorded statement intended to corroborate the fast fading case against Nazario.

He told Fox that after unsuccessfully trying to blow open the front gate of a substantial concrete house being used as a fighting position his squad from 3rd Platoon, Kilo Company, 3rd Battalion, 1st Marines found an entrance in the back.

Carlisle said he led Weemer, Nazario, Nelson, and two other Marines through the back door to discover four insurgents sitting unarmed on the floor.

One of them was older than the other three, a man with a white beard, he said. The other three prisoners were younger – military aged men.

On Friday the officer who commanded the Marines at Fallujah said the insurgents frequently used four-man “cells” led by an older man as typical fighting formation.

Carlisle told Fox that after a moment watching Nelson interrogating the prisoners, Nazario ordered him to team up with LCpl James Prentice and search the rest of the house, he said.

Prentice is also expected to be called as a government witness.

Prentice discovered expended AK-47 rounds on the roof and they found an unloaded AK-47 in an office, Carlisle said. They had just discovered another unloaded AK-47 secreted between two rugs in what became known as the “rug room” when Carlisle heard the first killing shot. It was from a 9mm pistol, he told Fox.

“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.

Fox: Okay, and what did you see when you came out?

Carlisle: What I remember is that when I came out I saw Corporal Weemer in the kitchen and there was a body laying down as far as I could see the feet.

Fox: Okay, that was the first body you saw?

Carlisle: Yes, that was the first body I saw….He was the older man....

Weemer was standing over him with his pistol in his hand. The dead combatant was the same man Carlisle had seen Nazario and Nelson interrogating when he first entered the house.

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].

Fox: How do you know that?

Carlisle: The sound and he had the 9-millimeter in his hand.

Upon further questioning Carlisle reveals that Weemer told him the dead man had made a try for his pistol.

Carlisle: I was asking questions about as far as what had happened. And he [Weemer] had made something like “he went for a weapon” or “he went for my gun,” something like that.

Meanwhile Nazario and Nelson were in the adjacent “living room” with the three surviving prisoners, Carlisle said. Along with Prentice, he confronted Nazario.

Carlisle said he was concerned about the situation and wanted to know what was happening.

Carlisle: We came over and talked to Sgt. Nazario. We went over there to find out what was going on and that’s when we saw the three of them lined up in the living room.

Fox: Was anything said?

Carlisle: Something along the lines of them asking Prentice if he wanted to participate in shooting one of them. At that time, Prentice was pretty livid towards the fact that previous of this Lance Corporal [Juan] Segura had just died, we had just found out – barely – that he didn’t make it, so he was pretty ticked off. So at the time he wanted to shoot one of them so… and I wasn’t sure what was going on in the confusion so I started pushing him out and told him that he didn’t want to.

Fox: Prentice?

Carlisle: Yes, I told Prentice that he didn’t want to do that.

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: As soon as we got to the front door there was a shot. It was my suspicion it was Sgt. Nazario that shot one of the individuals. All three of them were shot. Between intervals of, I don’t know, Sgt. Nazario – I don’t know - those two individuals were in the room. The first shot came when I was going to the front door. And then I turned around to get out of there and we met up with Weemer.

Fox: When you turned around did – did you see, look into the living room?

Carlisle: Umm yes, there was one individual down and the other two – I do remember the individual’s faces. Umm, they were, they had just seen their buddy get shot and their faces were not exactly - pretty somber. I saw that, and as soon as I saw that I still knew I needed to get out of there so I started heading for the back door and then on the way to the back door Cpl. Weemer then told us we needed to get out of here and so all three of our fire team left the back door. Now, between, I was talking to Cpl. Weemer and the back door there was two shots. One when I was talking to Cpl. Weemer and then one right as we started to walk out the back door.

While riding in a Humvee back to their firm base after the incident Carlisle claimed Weemer told him that the order to execute the prisoners came from higher ups on the radio.

Witness allegations that Nazario received orders to execute the prisoners from superiors over his radio were the centerpiece of the government’s allegations when the case was presented to the federal Grand Jury that indicted Nazario.

Curiously, the matter has been ignored since the case went to trial and wasn’t even mention in the government’s opening arguments.

The veracity of the alleged orders has been questioned by several witnesses –including the platoon radio operator who said it never happened. Even those who say they knew Nazario received radioed orders cannot agree how and when he received them, or who gave them.

Nazario denies the incident happened at all.

On Friday Major Timothy Jent, a captain and commanding officer of Kilo Company at Fallujah, testified he knew nothing about prisoners being taken by anyone in Kilo company until much later in the battle.

Upon seeing Nazario in the courtroom hallway last Thursday morning he warmly greeted his former squad leader and gave him a comradely hug before quickly parting company to avoid the appearance of impropriety.

During the opening hours of the battle on November 9, Jent was all over the battlefield, according to After Action Reports and numerous other internal documents detailing the battle. His commanding officer Lt. Col Willard Buhl, now a colonel at the Pentagon, later cited Jent for his brilliant leadership on November 9 when the alleged killings occurred.

On 09 November while elements of Company K were stopped along Phase Line Isaac waiting to push west along Phase Line Donna, the Headquarters Element received three accurate enemy 82-millimeter mortar rounds. One of the rounds landed directly in front of the company commander’s vehicle, severely wounding two Marines. Ignoring his own personal safety, Captain Jent tended to one of the wounded Marines, helped him into the back of the vehicle, and bandaged the severe shrapnel wounds on his legs. Additionally, Captain Jent personally organized a casualty evacuation for the wounded Marines, ensuring their timely transport to the Battalion Aid Station for critical medical treatment.

Like Jent, Jesse Grapes, now a captain in the Marine Corps reserves, and numerous other battalion, company, and platoon senior marines, Buhl has denied any knowledge of the alleged executions.

Buhl, Grapes, and several other senior Marines who would have had knowledge of the alleged incident by virtue of their positions and responsibilities, were either subpoenaed and then not called to testify by the government or ignored.

The government has no corroborating physical evidence, or identification of the alleged victims, to demonstrate that the incident ever occurred.


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: defendourmarines; fallujah; iraq; islam; marines; mohammedanism; nazario
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To: RedRover

Thanks, Red. Looks like the case is every bit as thin as we thought it was. Anxious to hear the defense case, the prosecution should be ripped.


21 posted on 08/26/2008 2:12:25 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

This should be wrapped up soon. They don’t have a damn thing on this Marine.


22 posted on 08/26/2008 2:43:09 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...Now we are left with a bunch of idiots.)
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To: Marine_Uncle

The prosecution is taking its best shots today. We’ll hear in a couple-few hours whether they managed to land any punches. So far, as you say, the prosecution is swinging at nothing but air.


23 posted on 08/26/2008 2:50:19 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Roger that.


24 posted on 08/26/2008 3:39:49 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...Now we are left with a bunch of idiots.)
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To: RedRover

Can you here us now Cong “Mullah-Omar” Murtha!

You lying sack of S***!


25 posted on 08/26/2008 4:23:47 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: RedRover; Girlene; jazusamo; xzins; 4woodenboats; Lancey Howard; All
The only surprise is that the prosecution produced photos of the house (taken by NCIS investigators).

I thought there was a report made that the prosecutors and NCIS could not 1) readily identify the exact house, and 2) were not able to return due to the ground conditions at the time? If they're using shots of a 'similar' house, I hope that gets brought out to the jury big-time -- it's a big indicator of perjury and false prosecution.

Thanks for the heads-up; good info.

26 posted on 08/26/2008 4:42:29 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: brityank; RedRover; lilycicero; xzins
The only surprise is that the prosecution produced photos of the house (taken by NCIS investigators).

Good catch, brit and Red. Wait just a durn minute, here. Supposedly, the owners of that house (who left Fallujah before the battle), said nothing was amiss. All their peeps were accounted for, they didn't notice blood stains, etc.

So what house were they showing? Were there blood stains shown in any photos? If 4 people were killed in a house that didn't belong to them, wouldn't they be called insurgents, terrorist, what-have-you?

Brit's right......something's not right here.
27 posted on 08/26/2008 5:24:32 PM PDT by Girlene (Upping my ante..... (Neener))
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To: Girlene
So what house were they showing?

Oh poooo...don't tell me they are saying McCain owns the house.

28 posted on 08/26/2008 5:31:57 PM PDT by lilycicero (Prosecution is a team of drama queens. Neener queeners.)
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To: 4woodenboats; lilycicero; RedRover
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.


Interesting observations, 4wb.
29 posted on 08/26/2008 5:34:40 PM PDT by Girlene (What does a docile insurgent look like?)
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To: Girlene; RedRover; lilycicero; xzins

I’m not sure, but I think that little gem was in the prosecutors charge-sheet for one of these guys, if not Nazario himself. I do know that Nazario’s counsel did not get to go to the location; that they said in their response.

Sommat’s rotten in that courthouse, and it’s not the defendant!


30 posted on 08/26/2008 5:38:58 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: Girlene
I can't think of a case that's been brought to our attention that hasn't at some point involved bribing one defendant to testify against another, but my memory noodles were inadvertantly weaved amongst and ultimately overrun by humor noodles, so I could be wrong.

What's a more powerful, valuable bribe than a lifetime of freedom?

All these cases seem to have massive, overblown charges against anyone even remotely connected with the case - charges that will put the defendants in prison for much of or the rest of their lives.

The only way to get the US Government to give them back their freedom is to speak the lie that the prosecution has put before them.

How strong must your honor be to give up the rest of your life instead of making one false accusation?

How could a jury possibly consider an accusation by someone who has just taken a bribe that's worth more than any amount of money?

These tactics are beyond contempt.

31 posted on 08/26/2008 6:05:43 PM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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To: lilycicero
Oh poooo...don't tell me they are saying McCain owns the house

LOL

32 posted on 08/26/2008 6:11:10 PM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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To: lilycicero
Oh poooo...don't tell me they are saying McCain owns the house.

LOL. Would that make it number 8 that the prosecutor (Assistant US Attorney Jerry Behnke?) decided to show the jury?
33 posted on 08/26/2008 6:15:57 PM PDT by Girlene (What does a docile insurgent look like?)
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To: Girlene; 4woodenboats

TWINS.

To answer Girlene’s tag....I know what a perfect insurgent looks like.


34 posted on 08/26/2008 6:19:09 PM PDT by lilycicero (Prosecution is a team of drama queens. Neener queeners.)
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To: lilycicero
I know what a perfect insurgent looks like.

Yeah, Stretched out dead on the front room floor.

35 posted on 08/26/2008 6:36:31 PM PDT by bigheadfred (dead in the living room sounded silly)
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To: bigheadfred

bing bing bing bing bing......

I would have accepted dead...but you had to go visual.


36 posted on 08/26/2008 6:53:19 PM PDT by lilycicero (I know people, who know people, who live in Whoville.)
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To: 4woodenboats
How could a jury possibly consider an accusation by someone who has just taken a bribe that's worth more than any amount of money?

Hopefully there is at least one brave person on the jury with enough brains to bollix the whole thing.

And this "judge" needs to have his citizenship revoked.

And let's bring back the original meaning of "being stoned".

37 posted on 08/26/2008 6:59:42 PM PDT by bigheadfred (FREE EVAN VELA, freeevanvela.com)
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To: bigheadfred; lilycicero; jazusamo; brityank; xzins; B4Ranch; Girlene; 4woodenboats; Marine_Uncle; ..

Just posted on Defend Our Marines...

BREAKING NEWS IN NAZARIO CASE!

Judge says: "Get this case to the jury Thursday morning."

Nat Helms will have the full story of the day's events, but I may not be able to post it until tomorrow morning. In brief, the prosecution witnesses were so awful that they utterly deflated the case. I think everyone (including the prosecutor) just wants to get this thing over with.

38 posted on 08/26/2008 7:00:08 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Prayers do work! Get Nazario to cover and then only Nelson and Weemer will be left on the firing line.


39 posted on 08/26/2008 7:09:29 PM 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

Smooches to the prosecution witness....way to go!!!!!


40 posted on 08/26/2008 7:10:22 PM PDT by lilycicero (No Way Jose!!!!!!!)
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