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NAZARIO TRIAL, DAY FOUR: WAR OR MURDER? IT'S IN THE JURY'S HANDS
Defend Our Marines ^ | August 27, 2008 | Nathaniel R. Helms

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.


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: defendourmarines; fallujah; islam; mohammedanism; nazario
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Thursday, August 28, 2008: The jury asked to have the taped telephone conversation between Jose Nazario and Sgt Jermaine Nelson replayed (we reported the story about the taped phone call HERE). The jury resumed deliberating and there could be a verdict anytime.
1 posted on 08/28/2008 9:29:04 AM PDT by RedRover
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To: RedRover

Thanks for what you do.

Keep the updates coming.


2 posted on 08/28/2008 9:30:58 AM PDT by dynachrome (Henry Bowman is right)
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...

3 posted on 08/28/2008 9:32:08 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

It is war. War is hell. Always has been, always will be.


4 posted on 08/28/2008 9:36:01 AM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: RedRover
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.

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.

5 posted on 08/28/2008 9:41:05 AM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: xzins

Why is the “jury” twelve “civilians”???


6 posted on 08/28/2008 9:44:30 AM PDT by threeoeight
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To: RedRover

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.


7 posted on 08/28/2008 9:46:20 AM PDT by Shelayne (Tagline still laughing at Obama bin Biden....)
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To: threeoeight

Because it’s a civilian trial of a former Marine. A new law that somehow crept past the watchdogs of justice.


8 posted on 08/28/2008 9:46:22 AM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RedRover

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!


9 posted on 08/28/2008 9:46:57 AM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Thanks Red. Went looking at DoM after my last reply, then found this post. Toes, legs, fingers, arms, and eyes crossed for a not guilty outcome.

Does make it a little tough to type.

iii poob ou s! umop ap!sdn

10 posted on 08/28/2008 9:59:14 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: RedRover

>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.


11 posted on 08/28/2008 10:00:18 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; xzins; jazusamo; brityank
The jury asked to have the taped telephone conversation between Jose Nazario and Sgt Jermaine Nelson replayed (we reported the story about the taped phone call.

Hmmmmm. They're trying to figure out whether they think Nazario admitted to killing anyone since they don't have any actual known victims who have died. NCT has a different version of the phone call that was played in the court room. Here's there version vs. Nat's version.
12 posted on 08/28/2008 10:06:07 AM PDT by Girlene (NOT GUILTY)
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To: B4Ranch
I think the point is, even though the prosecution - w/o the defense's knowledge until now - was allowed to visit the site of the alleged murders, their forensic team could find no evidence of anyone dying inside that house, or as that little clairvoiyant from the Poltergeist movie exclaimed, "This House Is Cleeeean"! So they took pictures of the house and left the forensics report exonerating these Marines locked up in the "no evidence cage".

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?

13 posted on 08/28/2008 10:32:08 AM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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To: Girlene
Thanks for pointing that out, Girl...

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."

14 posted on 08/28/2008 10:35:50 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: 4woodenboats

>I take it the comment on foreign mercenaries was satire?<

No, it is fact.


15 posted on 08/28/2008 10:44:20 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
According to Nat's version, the two were having a discussion about how they would answer a polygraph.

In one instance the secretly recorded conversation turns to what Nazario would say if he was asked during a polygraph test whether he had ever murdered anyone. Nazario apparently didn’t respond so Nelson, who is African-American, then asked Nazario, “I mean we had the right orders, didn’t we?”

So that is even a little more vague. I wonder if anyone has ever been convicted of murder/manslaughter when there is no body, and no family claiming there ever was a person that was killed. How could a jury send a man to prison for the deaths of people nonone can prove ever existed?
16 posted on 08/28/2008 10:46:45 AM PDT by Girlene
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To: 4woodenboats

http://www.stripes.com/article.asp?section=104&article=13647&archive=true


17 posted on 08/28/2008 10:51:34 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: 4woodenboats
I think the point is, even though the prosecution - w/o the defense's knowledge until now - was allowed to visit the site of the alleged murders, their forensic team could find no evidence of anyone dying inside that house,,,,,,, So they took pictures of the house and left the forensics report exonerating these Marines locked up in the "no evidence cage".

Interesting idea, 4wb.
18 posted on 08/28/2008 11:03:31 AM PDT by Girlene
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To: B4Ranch
I'm well aware of the fact there was and still is foreign mercenaries fighting us in Iraq, I just don't understand why you would not want the jury to know that, so I was hoping you were kidding.

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?

19 posted on 08/28/2008 11:19:12 AM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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To: Girlene
If this goes to appeal, Nazario's team should be able to examine the forensics report - or would if this was a court martial.

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.

20 posted on 08/28/2008 11:52:32 AM PDT by 4woodenboats ( MEJA is FUBAR DefendOurMarines.org DefendOurTroops.org)
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