NAZARIO TRIAL, DAY FOUR: WAR OR MURDER? IT'S IN THE JURY'S HANDS

Defend Our Marines ^ | August 27, 2008 | Nathaniel R. Helms

[RedRover]

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.

[dynachrome]

Thanks for what you do.

Keep the updates coming.

[RedRover]

[pissant]

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

[xzins]

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.

[threeoeight]

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

[Shelayne]

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.

[xzins]

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

[jazusamo]

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!

[brityank]

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

[B4Ranch]

>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.

[Girlene]

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.

[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, 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?

[RedRover]

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."

[B4Ranch]

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

No, it is fact.

[Girlene]

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?

[B4Ranch]

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

[Girlene]

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.

[4woodenboats]

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?

[4woodenboats]

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.