Marine Corps to Prosecute Third Fallujah Suspect (Jermaine Nelson)

North County Times ^ | April 24, 2009 | MARK WALKER - Staff Writer

[Lancey Howard]

CAMP PENDLETON ---- Despite having failed to win convictions of two co-defendants, the Marine Corps announced Friday it will prosecute Sgt. Jermaine Nelson for killing an unarmed Iraqi prisoner of war.

Lt. Col. David Griesmer said a plea from Nelson's attorney to drop the murder charge has been rejected.

The attorney, Joseph Low, said Lt. Gen. Samuel Helland believes the case should be decided by a jury.

"Sometimes, a single person does not want to be the decision-maker," Low said of Helland, who has the authority to order the charges against Nelson withdrawn. "The general decided he would rather see it tried before a panel of members."

[Lancey Howard]

Here is Mark Walker’s version of the story. Generally, I think Mark writes better than the AP scrubs.

[Lancey Howard]

"Sometimes, a single person does not want to be the decision-maker," Low said of Helland, who has the authority to order the charges against Nelson withdrawn. "The general decided he would rather see it tried before a panel of members."

I'm not sure, but it almost sounds like Low is saying Helland is chicken.

[nahanrac]

Sad Day Ping.:(

[NormsRevenge]

Here is Mark Walker’s version of the story. Generally, I think Mark writes better than the AP scrubs.

—

Local reporters like Mark are the true ‘grunts’ of the news business these days.

[RedRover]

One Marine left to stand trial and be exonerated.

[Cicero]

Will this never end?

[jveritas]

And this brave hero will be exonerated.

[gondramB]

>>One Marine left to stand trial and be exonerated. <<

Let’s hope and pray he gets a fair trial.

[xzins]

rather see it tried before a panel of members

They keep hoping they'll get lucky enough to draw a panel of suck-ups.

Charging the Sgt with a crime that had no victims, no evidence, no complaints, and no recognition that soldiers make stories bigger and bigger and bigger with the retelling and retelling and retelling, and the tellers lose track of fact and fiction.

War is where it's sane to be insane, and the only way to deal with it is temporary insanity.

[smoothsailing]

"It's such a tough case because beyond the statements of the accused, there is no forensic evidence, no photographs and no bodies," said Solis, who teaches military law at Georgetown University.

A tough case? B.S. There is no case. What's with this Solis guy, anyway?

[4woodenboats]

Walker has exhibited an ever increasing propensity to report bald face lies over the last couple years, and the editorial board considers themselves certified hangmen.

For instance; Walker writes Authorities have alleged the three Marines from Camp Pendleton's 3rd Battalion, 1st Marine Regiment had full control of the suspected insurgents when Nazario shot two and Weemer and Nelson each shot one.

That statement erroneously indicates the point of contention was whether the 3 Marines had control of the subjects when they "killed the insurgents".

Nazario has mantained from the beginning that the incident never happened, and the total lack of of forensics, even though the prosecution (only) combed through the house, the owners of the house could not find any evidence when they came back, no relatives or friends have reported anyone missing, back up Nazario's version rather than the garbled SA Fox induced "confessions". The jury had two basic explanations for their decisions, but only one "don't want to second guess" is being reported any more.

The second reason as stated by the jury was that there was simply no evidence of a crime.

[Lancey Howard]

What's with this Solis guy, anyway?

He's the liberal, America-hating "expert" who apparently lives next door to Mark Walker. The guy roots for the scumbag JAGoffs in EVERY case and simply salivates over the prospect of combat veterans going to jail for their battlefield decisions. Solis is a real peach.

[Lancey Howard]

War is where it's sane to be insane, and the only way to deal with it is temporary insanity.

Yep. Catch-22.

[xzins]

the garbled SA Fox induced "confessions".

Excellent point 4WB.

In additional to hypothetical memory, ptsd memory, exaggerated memory, and the actual fogginess of memory, the NCIS comes in and keeps these guys in a room with a bare bulb, withdrawn freedom/food/bodily function relief, threats, pleas, deals, and the psycho-techniques taught at interrogation school, and then they get their scribble on a "statement" sheet.

Just a little of that when you're groggy from too little sleep, and you'll confess to being the guy on the grassy knoll.

[sailor4321]

Well of course he is. He (and his superiors) can see what’s going on in Washington over the “torture” issue just as well as we can. The only prudent course of action is to try to prosecute and lose the case...

[verity]

"The only prudent course of action is to try to prosecute and lose the case..."

IMHO, there is a legitimate argument that the UCMJ has the ability to transcend current political machinations.

[verity]

"They keep hoping they'll get lucky enough to draw a panel of suck-ups."

Hold on, Padre. Members of the court vote by secret written ballot. The anonymity, IMO, precludes your inference.

[Girlene]

I'm not sure, but it almost sounds like Low is saying Helland is chicken.

Kinda sounds like it to me. Gen. Helland had the chance to drop this whole thing. Sgt. Nelson had been offered a plea, I believe, early on if he helped the prosecution. The Sgt was looking at the possibility of life in prison vs. a get out jail free card. After he retained competent civilian defense, he stopped letting himself get played.

Both Nazario and Weemer were found not guilty of any crimes. Now Sgt. Nelson is the last man standing. The General should have dropped the case against Sgt. Nelson. There are no bodies, no forensics, no relatives mourning over any dead insurgents. What is the point?

It seems General Helland couldn't stand up to NCIS or any scrutiny over letting this case be over. The Marines who have been prosecuted, battled in Fallujah, lost squad members to that horrific battle, or were jailed for contempt can look themselves in the mirror and see men who withstood pressure under fire. I wonder what the General sees.

[freema]

Nazario and Nelson each defied subpoenas compelling their testimony at the other man's trial. Nelson also refused to testify at Weemer and Nazario's trials.

Nelson jailed May 2008 Weemer jailed June 2008 Nelson and Weemer jailed July 2008 for contempt of court when they would not testify against each other or Nazario (who was tried in a civilian court)