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.
And if fox claims otherwise, it's time for him to take the stand, along with anyone under his command.
And for background effects while he's trying to weasel out of the fact he's railroading innocent men, bring in that turkey bleeder that they used during the Palin interview, along with a truck full of turkeys, and a couple of those big funnels.
Who could lie when there's turkeys gurgling and jerking next to them? I bet one of his team would squeal like a pig in a sausage shop.
Perhaps you should write children’s books for kids who need bad dreams!!! You’re scarying me.
You must take Ginseng or something to be so smart.
That’s hilarious! Sounds like the cop had a sense of humor (hope so anyway!).
Yeah, No Citations. He asked me if that was my dad’s car. Umm, yes it is. He said good luck with that. And gave us a ride home.
I’m pretty sure the 4th of July came twice that year.
Perhaps you should write children’s books for kids who need bad dreams!!!
Can I have a shot at that?
Warning: Graphic photo!!!
I think Ginseng gets its power from Girlene.
I had my “Are you Girlene” t-shirt on today and a hairy man said, “Yes, yes I am”.
What made you so sure?
Did you get the “Honk If You’re Girlene” bumper sticker I sent you?
Because it was the same guy that said, "Yes, yes I am" when I was wearing my "Are you Bigheadfred" baseball hat at the free clinic.
There was a wee bit of a problem with the bumper sticker you ordered for me. The company made an error and it reads
“Honky Moms love Girlene”.
Kinda like that GOPNK license plate we just saw. I thought it was an ad for Mable’s. My ears are now in a vegetative state.
I’m a little concerned. Same Guy? 2 stores? I hope they didn’t look like an employee. If that’s the case, you may have a stocker after you.
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.
