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Attorney wants charges dropped against third Fallujah defendant [And you can help!]
North County Times ^ | April 10, 2009 | Mark Walker

Posted on 04/11/2009 6:13:00 AM PDT by RedRover

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William McNulty, Secretary of the Marine Corps Intelligence Assn, Inc., sent me a pdf of the petition that Sgt Nelson's attorney, Joseph Low, mentions in the last paragraph above.

The petition, ready for the signature of anyone willing to stand up for what's right, is posted HERE.

Please consider printing out a copy, passing it around with friends and family, and sending it to Joseph Low. The address is in the document.

1 posted on 04/11/2009 6:13:01 AM PDT by RedRover
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...

2 posted on 04/11/2009 6:14:30 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Good morning, Red! Thanks for the ping.

Will sign the petition, print it and distribute. Thanks again for all you have done and continue to do for our heroes.

3 posted on 04/11/2009 6:17:35 AM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: RedRover

It seems to me that we would want the opposite. Get this thing to trial as soon as possible, and get any “evidence” out in the open. Then when the Marine is cleared, the moonbats won’t be able to claim that there was a cover-up.


4 posted on 04/11/2009 6:25:51 AM PDT by wolfpat (Revolt, and re-establish the Constitution as the law of the land!)
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To: Just A Nobody
Hiya, Justie! Thanks for your support, as always! And, hey, did you see a familiar face on THIS THREAD?
5 posted on 04/11/2009 6:39:48 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
I've seen it now! (and left a token of my appreciation)
Thanks! Hey, I'll be in your neck of the woods a great deal again this summer. #2 due on 7-4. ;*)
6 posted on 04/11/2009 6:46:35 AM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: wolfpat

I’ve thought about, and I guess there are three things against this going forward.

The evidence is already out there from the other two trials. Or at least as much evidence as will ever come out. Secondly, the anti-war crowd will never be satisfied with acquittals, no matter how much evidence is on an accused serviceman’s side.

Finally, the trial is a needless ordeal, and expense, for Sgt Nelson when he ought to have received the thanks of a grateful nation. He deserves to be getting on with his life.


7 posted on 04/11/2009 6:51:50 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: Just A Nobody

Hey, congratulations, Granny Justa! Great news! Do drop in—it’d be great to see you anytime!


8 posted on 04/11/2009 6:56:22 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Thanks for the petition, Red. Hopefully the SJA will drop the charges against Sgt. Nelson. They’ve lost two of the three cases related to this incident, and Sgt. Nelson’s case seems to be the weakest. If I remember correctly, the prosecutors/NCIS were trying to use him to get incrementing information from Nazario prior to Nelson retaining civilian counsel.

The third point in the petition is interesting:

“That the SJA Convening Authority has never charged a Platoon Commander Lt relating to the November 2004 battle of Fallujah”

Guess they don’t want to go to high up the chain of command, especially if they are considered war heroes from Fallujah.


9 posted on 04/11/2009 6:59:55 AM PDT by Girlene (Congratulations, Sgt. Ryan Weemer)
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To: RedRover

Will keep you posted as the time draws closer. It would be wonderful to see you again, too. ;*)


10 posted on 04/11/2009 7:11:13 AM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)
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To: Girlene

In the Haditha case, the government didn’t charge Capt Dinsmore because he’d already received his Bronze Star. Lt Grayson’s Bronze Star hadn’t arrived yet so he could be charged without embarrassment. These cases all seem to spring from a misguided sense of good PR that I sense a suggestion of something similar here.


11 posted on 04/11/2009 7:12:48 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Could be. Then the current SJA, Helland, should decide to end this. This is a poor PR move to continue the case against Sgt. Nelson after two acquittals in both civilian and military courts. I believe they were willing to plea out Sgt. Nelson for his cooperation against the other two. What are they going to do, throw the book against him because they lost those two cases?


12 posted on 04/11/2009 7:57:32 AM PDT by Girlene (Congratulations, Sgt. Ryan Weemer)
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To: Girlene
What are they going to do, throw the book against him because they lost those two cases?

Unless outside pressure is brought to bear, unfortunately, I think it's likely that the government will let this case drift for years just as with the SSgt Wuterich case. The prosecution HATES these Marines for refusing to cooperate.

Worst case scenario: The prosecution will say that the testimony of Nazario and Weemer is vital. Nazario will be squeezed legally for refusing to testify in the Weemer trial. Weemer will be called to testify as well, which he won't do, and this will go on and on and on.

That's why Joseph Low is doing what he's doing to try and stop this nonsense. In any event, it's our government's move and we'll eagerly await developments.

13 posted on 04/11/2009 8:16:20 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

So if Weemer and Nazario keep refusing to testify and they get thrown into jail or the brig, this only makes the prosecutors and the Marine Corps look vindictive and petty. Both were acquitted after possibly facing up to 10 or 15 years for Nazario and life for Weemer. They have no reason to help the prosecution except fear of further punishment.

I guess it’s up to the convening authority to stop this nonsense or risk further undermining his troops’ moral.


14 posted on 04/11/2009 8:58:06 AM PDT by Girlene (Congratulations, Sgt. Ryan Weemer)
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To: Girlene

On the nose.


15 posted on 04/11/2009 9:05:33 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover; Girlene
I'm concerned the goverment may hit a long ball into the left field bleachers in their desperation for a win.

You remember when the Army was basically 0-2 so brought in Wijdan Mikhail Salim, Iraq’s minister of human rights to demand that Sgt Evan Vela be convicted - and he was.

NCIS wrote the book on sleazy, duplicitous and manipulative evidence gathering and hiding, and Gannon was practically begging for any conviction from spitting on the sidewalk on up, so a low blow would be reaching up for him.

16 posted on 04/11/2009 9:33:52 AM PDT by 4woodenboats (Time for the pentagon to apologize to and back off the 3/1.)
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To: RedRover; Girlene

Thanks for making the petition available, Red. I’ll be more than happy to help in any way possible to end this fiasco.

You all brought out some good points on the thread and I’m fairly sure the prosecution would like nothing better than to draw this thing out for Sgt. Nelson. Suspecting they can’t get a conviction because of the other two verdicts I believe they’d be happy to make his life and the lives of Sgt. Weemer and Nazario as miserable as they can as they are now doing with Sgt. Wuterich.

Hopefully Gen. Helland will step in and end this persecution of Sgt. Nelson in view of the other two outcomes.


17 posted on 04/11/2009 9:35:40 AM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: RedRover
I'll sign the petition, Red. This caes needs to be dropped ASAP. Sgt. Nelson shouldn't have to go through any more crap.
18 posted on 04/11/2009 9:41:59 AM PDT by smoothsailing
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To: RedRover

I am printing it now. Thank you very much for posting this.
I will work hard at getting it signed.


19 posted on 04/11/2009 10:13:47 AM PDT by Dubya (Jesus saith unto him, I am the way, the truth, and the life: no man cometh unto the Father,but by me)
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To: 4woodenboats

Yes, 4wb. But the court martial is taking place stateside and we are far enough along in subduing Iraq that appeasing some Iraqi minister’s “need” to punish an American military member doesn’t exist. Also, this incident happened in the battle of Fallujah. I seriously doubt too many jury panel members want to second guess on what they might have done in that situation. That doesn’t mean the prosecutors won’t try.


20 posted on 04/11/2009 11:37:19 AM PDT by Girlene (Congratulations, Sgt. Ryan Weemer)
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