|
The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
|
August 17th,
2007 - Ex-Marine Pleads Not Guilty in Iraqis’ Deaths |
|
Ex-Marine Pleads
Not Guilty in Iraqis’ Deaths Former Sgt. Jose Luis Nazario Jr. allegedly killed two unarmed Iraqis
captured during battle in Fallouja in 2004. By Sara Lin Los Angeles Times August 17, 2007 A former Marine sergeant,
who until last week was serving as a Riverside police officer, pleaded not
guilty Thursday to voluntary manslaughter charges in the killing of unarmed
prisoners in Iraq in 2004. Jose Luis Nazario Jr., 27,
who appeared Thursday in a U.S. District Court in Riverside, is accused of
killing two unarmed men in Fallouja on Nov. 9, 2004, during a battle to clear
the city of insurgents. Flanked by his lawyers,
Nazario, in a stiff black suit, appeared somber as he spoke briefly to
reporters outside the federal courthouse. "I'd just like to say
that I'm a United States Marine who fought honorably for my country and I'm
innocent of these charges," Nazario said. The criminal complaint
against him states, "Defendant Jose Luis Nazario Jr., in the heat of
passion caused by adequate provocation, unlawfully and intentionally killed
two unarmed male human beings, without malice." One of Nazario's attorneys,
Kevin McDermott, said he suspected the charges were a strong-arm tactic by
the government to get Nazario to talk to military investigators. "They're looking to
intimidate this kid into somehow cooperating with their investigation,"
he said. "There's no bodies, no forensic evidence, and no names of any
decedents. This is strictly some guy and somebody else saying 'Hey, we think
this guy did this.'" The Naval Criminal
Investigative Service is looking into allegations against other members of
Nazario's squad, who are still in the Marine Corps. Nazario's case was
referred to the U.S. attorney's office in Los Angeles because he has left the
military. The investigation involves
the Kilo Company, 3rd Battalion, 1st Regiment, 1st Marine Division, the same
company at the center of what is considered the worst alleged atrocity in
Iraq: the killing of 24 civilians in Haditha on Nov. 19, 2005. Military investigators first
became aware of the Fallouja incident when a former member of the squad, Cpl.
Ryan Weemer, spoke of the killings during a polygraph examination he took
when applying to join the Secret Service. His answer came in response to a
routine question - whether he had been involved in an unjustified killing. Rear Adm. Mark Fox of the
Naval Criminal Investigative Service said he interviewed three Marines - two
of whom were colleagues of Nazario in the 3rd Squad, 3rd Platoon, Kilo
Company - who substantiated the allegations, according to an affidavit he
filed in federal court. According to Fox's
affidavit, Nazario's squad was engaged in heavy fighting in Fallouja, with
orders to move toward the city center and clear insurgents as the troops
advanced. Early on the morning of Nov.
9, 2004, a member of the squad was killed in hostile fire. Later, the squad
came under fire from a nearby house and searched it, finding as many as five
men as well as assault rifles and ammunition there. Nazario, the squad leader,
then placed a radio call to an unidentified Marine official stating they had
detained the men and found weapons and ammunition. During the radio
conversation, according to the affidavit, Nazario said he was asked,
"Are they dead yet?" - to which he responded, "Negative."
Nazario said he was then told to "make it happen." He then allegedly grabbed
one of the men, took him into the next room and shot him. Afterward, Nazario
emerged and said, "Who else wants to kill these guys, because I don't
want to do it all myself," according to one Marine squad member interviewed
by Fox. Nazario ordered other squad
members to kill the remaining detainees and shot a second detainee himself,
the affidavit alleges. Steven Frasher, a spokesman
for the Riverside Police Department, confirmed that Nazario's employment was
terminated Aug. 7 but declined to comment further because it was a personnel
matter. Nazario had been with the department since November 2005, Frasher
said. Federal Magistrate Judge
Oswald Parada set Nazario's bail at $50,000. A preliminary hearing was set
for Sept. 5. Nazario faces a maximum penalty of 10 years if found guilty of
one count of voluntary manslaughter, said Assistant U.S. Atty. Jerry Behnke. Nazario enlisted in the
Marines when he was 17 and served two four-year tours. He is married and has
a son, 1-year-old Gabriel Marquee. "He's frustrated,"
defense attorney McDermott said. "This is a kid who wanted to make
Riverside County his home and it's going to be a lot more difficult for him
now." For the record: Ex-Marine's
trial: An article in Friday's Section A about former Marine Sgt. Jose Luis
Nazario Jr. pleading not guilty in the 2004 killing of prisoners in Iraq
identified a military investigator as Rear Adm. Mark Fox of the Naval
Criminal Investigative Service. He is Mark O. Fox, a special agent of the
NCIS. External link: http://www.latimes.com/news/nationworld/world/la-me-marine17aug17,1,296913.story |