Posted on 12/31/2008 3:44:25 PM PST by RedRover
CAMP PENDLETON ---- The Monday start of a trial for the second of three men accused of killing four unarmed captives during a 2004 battle in Iraq has been delayed.
Sgt. Jermaine Nelson was scheduled to go on trial in a base courtroom on a charge of unpremeditated murder for allegedly shooting one of the captives. No bodies were ever found in a case built almost exclusively on an admission from one of the defendants.
Nelson also is charged with three counts of dereliction of duty for failing to follow the rules of engagement, the laws of war and the proper handling of detainees.
He has pleaded not guilty.
His trial before a jury of officers and enlisted men was delayed as a result of a ruling Tuesday by the military judge presiding over the trial, Lt. Col. Jeffrey Meeks.
Nelson's attorney Joseph Low was successful in getting Meeks to approve the appointment of an expert witness for the defense who will review forensic data collected by investigators from the home where the slayings are said to have occurred.
Authorities allege that Nelson and two other Marines from Camp Pendleton killed the captives inside a Fallujah home during the opening hours of a major battle for that city on Nov. 9, 2004.
Nelson's squad leader at the time of the incident, former Marine Sgt. Jose L. Nazario Jr., was tried in U.S. District Court in August for causing the four deaths and acquitted by a civilian jury whose members later said they did not believe they should be second-guessing actions on the battlefield.
Nazario was tried in civilian court because he was out of the Marine Corps and not subject to recall. He was the first man to be tried under a 2002 law that allows for federal court prosecutions of former members of the military.
During Tuesday's hearing, Meeks ruled that a portion of a statement Nelson made to investigators in March 2006 will be admitted at trial, as will statements he made in March and August 2007.
Prosecutors are expected to subpoena Nazario to appear at Nelson's trial.
During Nazario's trial, Nelson and the third man charged in the case, Sgt. Ryan Weemer, were subpoenaed by the government but refused to testify. That resulted in contempt of court citations against each that were dismissed after Nazario was acquitted.
Weemer is the man whose statements that he was aware of "unlawful" killings during a 2006 job interview with the Secret Service led to the charges filed against the three men from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.
Weemer, who also has pleaded not guilty, is expected to go on trial after Nelson. The two men remain on light duty at Camp Pendleton while awaiting trial.
In other cases...
Both LtCol Chessani and SSgt Wuterich may finally see the inside of a courtroom in 2009. Or not. It's possible that both cases will end up being dismissed though that may be too much to hope for.
Evan Vela and Ray Girouard, both currently in Levenworth, are currently seeking pardons/clemency. You can keep track of the latest on the Vela case HERE at least until Fred posts a new thread.
Was gonna wait for a ping.Gotta love those pings.
Wish these prosecutors or the puppet masters pulling their strings would just cancel the show.
Thanks for posting this and the other updates, Red.
Happy New Year to all!
That’s good news:)Happy New Year.
Hey, Fred! I’m getting slow on the draw.
All the best to you and yours in 2009.
Happy New Year, to you and yours, fatima! It’s gonna be fine in 2009!
An acquittal or dropped charges would be nice for the new year.
Murtha apologizing to the Marines would be especially nice
Goodbye to 2008!!!! So long...see ya. No more time in 2009!!! (Pardon chant)
Since Mr. Murtha will not apologize until the day he dies, I’ll be happy if he just drops dead.
As always, I believe the Nelson/Weemer/Nazario case has all of the evidence best explained by battlefied narrative building...a narrative that has lots of pieces of testosterone, fable, and truth combined in an mess that is impossible to disentangle.
So far as all of these speciously charged Marines and Soldiers (see this Lancey - I get extra credit :>), as well as border agents, Pres. Bush should pardon them. If he doesn’t, I’d be beholden to the incoming President if he would, but I have no reason for thinking that would happen, other than Carter’s Amnesty as a precedent.
That doesn’t mean I’d agree politically with the guy, but I’d like to see some of this put to rest.
Mad in the USA! heheh
I would have put Mad in Idaho. But then I think people would have missed the point. I’m probably TWICE as crazy as they think we is.
And to you and yours, my friend!
Whatcha doin?
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.