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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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August 14th,
2007 - Fallujah Marine Faces Charges of Conspiracy to Murder in Federal Court |
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Fallujah
Marine Faces Charges of Conspiracy to Murder in Federal Court By Nathaniel R. Helms Salem-News.com August 14, 2007 The witness in one case against
a Marine who had just joined L.A.P.D., reportedly said he did not see the
killingsbut the Iraq vet was fired almost immediately over an allegation. Los Angeles, Ca. - Former
Marine Corps Sergeant Jose Nazario may face charges of conspiracy to commit
murder in Federal District Court in Los Angeles, California for killing eight
Iraqi prisoners of war in Fallujah, Iraq in November 2004. Nazario was a
probationary patrolman on the Los Angeles Police Department when the Naval
Criminal Investigative Service informed his superiors the former infantryman
was a suspect in the alleged murders. He was subsequently fired from his job. Nazario was a squad leader
in Kilo Company, 3rd Battalion, 1st Marines at Fallujah. He was implicated in
the shooting of eight Iraqis as the result of statements made by former
Corporal Ryan Weemer, a member of his squad. Both men belonged to 3rd Squad,
Third Plt., Kilo Co. Weemer was a fire team leader under Nazario’s command.
Weemer revealed the murders during a polygraph test administered by the
Secret Service for its job application process, he said. The Secret Service
subsequently passed on Weemer’s allegations to NCIS, who initiated an
investigation. Since then several former and at least one active duty Marine
have reported being interviewed by NCIS Special Agents. Several of the
Marines who spoke on the condition of anonymity said they were interviewed by
S.A. Mark Fox. One former Marine Fox interviewed said the NCIS special agent
told him they were trying to identify the Marine or Marines who allegedly
gave an order to shoot the prisoners. Two Marines from the same
platoon face charges of multiple murder for the incident at Haditha a year
after events at Fallujah unfolded. Lance Corporal Stephen Tatum and SSgt
Frank Wuterich are charged with participating in the murders of 15 Iraqi
civilians following an ambush of their squad at Haditha a year ago. Two Marines charged in the
same incident have already been exonerated for lack of evidence in that case.
LCpl Justin Sharratt and Capt. Randy Stone have been cleared of all the
charges by Lt Gen J. N. Mattis, the convening authority in the Haditha
investigation. Numerous attorneys who have
been apprised of the allegations initially leveled by Weemer and filed by
NCIS dismissed them as pointless. They said that without corroborating
witnesses, physical evidence, a crime scene, or the identity of victims, the
case would be impossible to prosecute, they opined. Arraignment Thursday Nazario reportedly will be arraigned
Thursday before a U.S. Magistrate at the U.S. District Court in Los Angeles,
California, sources close to the case said. Nazario is from nearby Riverside.
Currently the charges against Nazario are sealed. One source said the NCIS
was trying to compel Nazario to make a deal in order to escape prosecution.
Nazario reportedly refused to cooperate. If he doesn’t cooperate the
indictment will be unsealed and Nazario will be charged on Thursday, the
source said. NCIS spokesman Ed Buice said
that “any comment regarding this case will need to come from the US
Attorney's Office in Los Angeles.” Thom Mrozek, the Public
Affairs Officer for the U.S. Attorney's Office of the Central District of
California, said he could not comment on the case in “any way, shape or
form.” “We are not in a position to
make any comment on this. There is no public record of this right now, so no
comment.” Civilian court The investigation was
conducted and the complaint filed by the NCIS. The agency is the
investigative arm of the United States Navy and has both military and
civilian jurisdiction in criminal cases involving sailors and Marines. Their
action is not unprecedented, court records show. Former service members
charged with crimes that occurred while on active duty can be tried in
civilian courts. A former Army private faces
rape and murder charges in federal District Court in Paducah, Kentucky after
being discharged from active duty. Former Pfc. Steven D Greene allegedly
raped and murdered a 14-year old Iraqi girl and her family after a drinking
binge. Several of Greene’s former squad mates have already been convicted and
sentenced in the case Greene pleaded not guilty before a federal magistrate
and is awaiting trial. Squad member Pfc. Jesse Spielman was convicted and
sentenced to 110 years in prison and three other soldiers who pleaded guilty
under agreements with prosecutors received sentences ranging from five to 100
years. Nazario’s case is
considerably different. He was fighting in the heat of close combat when he
allegedly conspired to kill the suspected enemy combatants. It is not clear
without reading the secret indictment who he conspired with. Two or three
days after the alleged shooting Nazario would be fighting at the famous Hell
House incident, where two 3/1 Marines earned the Navy Cross in a single
engagement. Nazario reportedly denied
any knowledge of the allegations. So far, Weemer is the only witness or
evidence acknowledged by the government. He was named by NCIS agents while
conducting their interviews as the original source of the allegations, former
Marines said. Critics of NCIS
investigatory tactics are already claiming NCIS is bringing the charges to
discredit Marines who might be witnesses in any courts-martial against
members of 3/1 facing charges for murder and malfeasance in Haditha. NCIS
spokesman Ed Buice has repeatedly declined to comment on the investigation,
why it was ordered, or by whom. “Combat and armchair quarterbacking don’t mix” Weemer went into seclusion
two months ago after retaining Cincinnati, Ohio attorney Paul L. Hackett
after press reports revealed he had confessed to witnessing the alleged
murders at Fallujah. In the past, Hackett said his client had never talked
with NCIS investigators. Hackett also said he had never
met Nazario and was unfamiliar with his case, emphasizing he was unaware that
charges had been leveled against anyone who fought at Fallujah. He declined
to comment on Weemer’s role – if any - in Nazario’s impending indictment.
Hackett is a former combat Marine who served at Fallujah during the vicious
campaign there in 2004. He later ran for a Congressional seat in his hometown
as a Democrat and lost. “Combat and armchair
quarterbacking don’t mix,” Hackett said Tuesday during a telephone interview
from his Cincinnati law office. “Nobody knows what these men go through. I
see the Weemers, and Nazarios, and Wolfs, and Kimbers,” naming other 3/1
Marines he has counseled. “They are all true heroes. They deserve to be
allowed to come home and resume their lives without being molested.” James Kimber, age 34, was a
Captain in India Company 3/1 who was removed from command with his commanding
officer Lieutenant Colonel Jeffrey R. Chessani and Captain Luke McConnell.
Kimber was nominated for a Bronze Star for valor in Haditha, was relieved of
command of India Company, 3/1 when marines under his command used profanity
and criticized the performance of Iraqi security services during an interview
with Britain’s Sky News TV, according to Hackett. Francis Wolf is a former
Marine infantry sergeant and brilliant combat Marine who fought gallantly at
Fallujah and Haditha. He was granted immunity to testify in the Haditha case
and spoke glowingly of Chessani and the other Marines in 3/1 accused of
misconduct. More than two years ago
Weemer revealed to government investigators that he had witnessed the
“wrongful deaths” during combat operations in Fallujah of Nov 10 or 11, 2004
after being ordered by unidentified senior Marines to kill the captives. The
eight Iraqis, dressed in so-called “track suits” frequently worn by the
insurgents fighting in Fallujah, were captured along “Phase Line Henry”
during heavy combat. According to Weemer’s
eyewitness account, the insurgent suspects had just fled from an area where
other Marines had encountered fierce resistance. The insurgents, knowing the
Marines’ Rules of Engagement prevented them shooting the fleeing men when
unarmed, frequently ran from one strong point to another to take up hidden
arms and resume the fight, Weemer said. Weemer claimed during an
interview for a book about Fallujah in 2006 that after the men were captured
they were held under guard for a brief period before the Marines were ordered
to move on. When his leader – whom Weemer did not identify – asked for instruction
regarding their prisoner’s disposition, a cryptic voice responded, “They are
still alive?” Weemer said the leader of their unit took that to mean “kill
them” and the Iraqi prisoners were subsequently executed. Weemer was unavailable
Tuesday for comment. Hackett said Weemer is going to school in Kentucky and
will have no comment. “I have him in a box,”
Hackett said, “and I intend to keep him there. He doesn’t need to be making
any comments.” Hackett also declined
comment about the implications of Nazario’s reported predicament. He
preferred describing Weemer and all the other Marines who fought at Fallujah
as “heroes.” Hackett has represented four Marines who were either at
Fallujah, Haditha, or both, he said. According to sources, Weemer
said in an affidavit filed with the NCIS complaint that Nazario took eight
captured Iraqi men into another room of a house they were occupying and shot
them dead. Weemer reportedly said he did not see the killings and did not
participate in them. Numerous Marines who were at
Fallujah have denied knowing anything about the allegations Weemer made two
years. Several of the same Marines have subsequently dismissed Weemer’s
allegations to NCIS investigators as a total fabrication, they said. Others
have refused to talk to them at all. One Marine interviewed by
Special Agent Fox last spring said he was told NCIS “had” to conduct the
investigation “to protect the honor of the Marine Corps or America or
something like that.” He said Fox wanted to know his squad’s disposition, who
was present, and whether he ever heard anything about the alleged killings. Several former Marines who
were interviewed claimed an NCIS agent who contacted them raised the specter
of recall to active duty if they failed to cooperate. Their claims are
corroborated by one attorney representing a former Marine who said a Marine
Corps prosecutor raised the possibility of recall to his client in his
presence. Note: Nat Helms is a
Contributing Editor to Defend Our Marines. He served three tours in Vietnam
and, most recently, is the author of My Men Are My Heroes: The Brad Kasal
Story (Meredith Books, 2007) External link: http://www.salem-news.com/articles/august142007/jose_nazario_81407.php |