Second Fallujah trial postponed [Good news for Sgt Nelson and a happy New Year to all]

North County Times ^ | December 30, 2008 | MARK WALKER

[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.

[RedRover]

Wondering what you’re doing.

[lilycicero]

You listening to Billy Joel instead of Barry “Man”ilow?

[RedRover]

Excellent foresight. And it’s very good for Sgt Nelson that Low had the means and opportunity to go to Fallujah himself.

I’m optimistic about the four remaining Marine cases. Things seem to work out best for the prosecution when they get to trial quickly.

[RedRover]

I KNEW you’d know that song! You’re such a child of the ‘80s.

[lilycicero]

Did you know they are making LP’s again?

[RedRover]

Excuse me, do I know you?

[lilycicero]

You should be smoochin the Mrs. right now!!! Happy New Year!!!

[RedRover]

Finished! Now a big, big kiss to Y-O-U!! :*

[lilycicero]

Ok...I will save it for 44 more min.

[RedRover]

Aw, gee, does that mean my smooch is ahead an hour? Sounds like the story of my life, kind of.

[4woodenboats]

Man, it’s been so long since I got a smooch, I’d probably give the girl a biscuit and send her outside to go pee.

[4woodenboats]

Thanks for the reminder. I really don’t know how you do that, and if I ever did, I’d soon forget

[Marine_Uncle]

Happy New year Red. Perhaps good things will go Sgt Nelson’s way for the new year.

[Girlene]

Good one, bhfred. “Mad in the USA” - LOL

[lilycicero]

Did you give her chicken in a bisket?

[bigheadfred]

That’s a great crack-ur-um-something like that...

[Girlene]

Atty. Law did not go to Fallujah to look at forensics. The judge just appointed an expert witness for Sgt. Nelson's defense to review any forensics that the prosecutors had from THEIR investigation. From Nazario's trial, the prosecution only showed pictures of the house and had witness testimony about the alleged events. They never presented any forensics. In fact, one of Nazarios' atty's, Kevin B. McDermott, made this point during his trial:

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?”

4woodenboats made an excellent point in that thread, that the prosecution probably DID try to collect forensics from that house, but didn't present any during the trial because it was "Clean". Well what do you know, it appears 4wb's instincts were right! From the article above,

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.

Hopefully this expert witness will prove there are no forensics that back up the prosecution's claims. If they have no bodies and no forensics, all that's left, again, is witness testimony. That testimony is pretty suspect when Sgt Nelson was looking at life in prison if he didn't help the prosecutors convict Nazario.

[bigheadfred]

Vanishing Point

Been on that flight before. When we landed in that thigh high wheat field I told the bro to "ditch" the beer. (We, ummm, maybe that was I, had already "ditched" the car.) I thought he understood. Me, the COP, the bro, and a couple of other interested bystanders are standing around watching the towing operation. When they pulled the car back, here was all this beer UNDER the car. The cop looks at the beer, gazes around at the THIGH HIGH amber waves of grain, and says "Gee, couldn't ya have found a better place?"

[bigheadfred]

will review forensic data collected by investigators from the home where the slayings are said to have occurred.

Sitting there staring at nothing makes for a long day.

[Girlene]

LOLOLOL, bhfred.