Posted on 08/28/2008 9:29:04 AM PDT by RedRover
Riverside, California--A jury of 12 civilians began deliberations Wednesday afternoon in the case of a former Marine infantry squad leader accused of killing four unarmed insurgents in Fallujah Iraq almost four years ago.
Former Sgt. Jose L. Nazario faces federal charges of voluntary manslaughter, abetting murder, assault with a deadly weapon and unlawfully using his firearm.
Assistant US Attorney Jerry Behnke took the first shots in closing arguments that began Wednesday morning.
Before offering closing arguments, he offered the jury of nine women and three men a surreptitiously recorded telephone conversation between the former squad leader and Sgt. Jermaine Nelson, a co-defendant in the case. The government used Nelson to try and trap Nazario into admitting murder.
NCIS Special Agent Mark O. Fox provided Nelson the bugged telephone.
Jurors are now deciding whether the four enemy combatants, captured in a house filled with evidence of recent resistance, were victims of a vicious war or the cold calculations of three Marines who ran amok.
“Even if they were fighting earlier in the day they gave up the fight and deserved to be treated humanely,” Behnke said. “The big task for you to decide is whether the killing was unlawful.”
“This was not an act of self defense,” Behnke concluded. “This was an execution.”
Behnke frequently referred to key eyewitness Corey Carlisle, a battle-rattled Marine who was medically retired for wounds he received four days later at the Hell House. Carlisle was one of three Marines who testified against their former squad leader Tuesday afternoon during the most damaging segment of the government’s case.
Carlisle told the jury he saw the bloody aftermath of two killings and heard two shots that indicated two more insurgents had been dispatched.
Lead defense attorney Kevin B. McDermott didn’t dispute the government’s claim that the battle of Fallujah was a terrible event.
“You cannot describe Fallujah as anything but. It was horrible. It was in fact brutal,” McDermott said. “Don’t let the government turn [this] into a shooting on some street corner, in some home, in our country.”
The central theme of McDermott’s closing arguments was the government’s paucity of physical evidence. It was unable to present any forensic evidence, or establish the identities or nationalities the alleged victims.
Pictures of the house, which the government claims was the scene of the crime, bore no evidence it had once been an execution chamber.
The people who lived there told investigators they didn’t know anything about the alleged events or who the victims might have been, McDermott said..
The paucity of evidence NCIS investigators found there was seized upon by McDermott as an example of the government’s specious prosecution.
“The evidence falls short of proving the facts of the case,” he said. “The government took the effort to take pictures, why not send in a forensic team to take evidence. Give us some physical evidence. You could and should have the opportunity to get some evidence – where is it?”
In closing the former Marine lawyer warned the jury of the significance of their decision.
“This is the first time that this decision to take a life has been left to the decision of 12 people,” he said. “At the very least, we never want anyone ever to second-guess whatever they are doing at any point in battle.”
The jury will resume deliberations Thursday morning.
Thanks for what you do.
Keep the updates coming.
It is war. War is hell. Always has been, always will be.
Absolutely what the jurors should NOT be deciding.
Nazario is on trial. They should be deciding whether it was proven that Nazario killed anyone.
From what I read, there were no eyewitnesses to Nazario shooting anyone at all. The tape has Nazario answering a hypothetical question.
To be honest with you, I'm not sure they proved that anyone was murdered.
Why is the “jury” twelve “civilians”???
Juries always scare me. This one is no different. I pray they have the wisdom to see this case for what it is.
God help us, if they fall for this railroad job.
Because it’s a civilian trial of a former Marine. A new law that somehow crept past the watchdogs of justice.
Now I can more fully understand why no defense was put on for Nazario. The parts of McDermott’s closing arguments in Nat’s piece here are brilliant, especially about the supposed house it took place in.
If one or more of these jurors have an ounce of common sense Nazario will be acquitted and walk out of that courtroom a free man.
Another classic ping, Red!
iii poob ou s! umop ap!sdn
>The central theme of McDermott’s closing arguments was the government’s paucity of physical evidence. It was unable to present any forensic evidence, or establish the identities or nationalities the alleged victims.<
Why on earth would the government want to tell the American public that the war was being fought by mercenaries from foreign countries. Arabs and Iranians and who ever else needed a buck. That wouldn’t sell good with the jury.
I do not think there is any possibility Fox went to the house w/o a forensics team.
I take it the comment on foreign mercenaries was satire?
Nat's version:
“I mean we had the right orders, didn’t we?” Nazario responds, “Yeah.”
Nelson then asks, “Who gave us the orders though, n-gger?”
Nazario responds, “I did.”
After a brief time Nazario expands on his explanation, the government claims.
“That sh-t is coming from the battalion commanders. We got to get from Point A to Point B and we ain’t got time to throw motherf-ckers on a truck ‘cause we’re moving.
"It was, you know, a decision we made because it was the outcome that was best. So it was, it was a decision. You can’t play Monday morning quarterback, bro.”
North County Time's version:
On the tape, Nelson, who was then cooperating with investigators, is heard asking Nazario: "Who gave us the orders to kill those four?"
Nazario replies: "I did."
Nazario then explained to Nelson that they could not take time to process the four Iraqis as prisoners because "we were moving."
>I take it the comment on foreign mercenaries was satire?<
No, it is fact.
I think it's pretty well established that the foreign mercenaries are terrorists who would kill school kids just as readily as US Forces, or use their own families as human shields or walking bombs. One of the accused, Sgt. Weemer, won a face to face gun battle with a Checyen fighter just after this alleged event.
Why shouldn't the jury know that Fallujah was being defended by terror cells who not only gave no quarter, but would happily blow themselves up if they could get close enough to Americans to take some with them?
I wonder if the Marines no longer feel obliged to share evidence with a Marine who has been discharged?
I hope that's not the case. It would be a very large step down for the Marine Corps and a giant leap up for rogue NCIS agents like Fox.
Just think - only the prosecution team is allowed to visit the alleged crime scene, they can cherry pic what evidence they collect, then simply wait until the Marine they're after gets discharged before they press charges, so they don't have to play by the military's rule.
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.