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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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December 7th,
2007 - Marine Charged Again with Iraq Murder News article by the Associated Press |
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Marine Charged Again with
Iraq Murder By Chelsea J. Carter Associated Press December 7, 2007 San Diego - A Marine was
charged a second time with murdering a detainee three years ago in Fallujah,
Iraq, the military announced Friday. Sgt. Jermaine A. Nelson was
charged with murder and dereliction of duty, charges that were earlier
dismissed to give a general time to review the case. He will face a hearing to
determine if there is enough evidence for a court-martial. A date has not
been set. Nelson is the second person
charged in the case that centers on allegations that a Marine squad shot a
group of unarmed captives during heavy fighting in November 2004. Nelson was
assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division. Squad leader Jose Nazario
Jr., 27, has been charged with one count of voluntary manslaughter in the
killing of two captives. Because he completed his military service, the
former sergeant faces charges in federal court. Nelson, whose age and
hometown were not released, has not been appointed a Marine attorney, and it
was unclear whether he had hired a civilian lawyer. Nelson faces life
imprisonment if convicted of murder. He is also accused of being
derelict in his duty for failing to follow the rules of engagement, how to
treat enemy prisoners of war and how to care for detainees in a combat zone. Marine spokesman Lt. Col.
Sean Gibson declined to release details, citing an ongoing investigation. The battle of Fallujah was
the second time in 2004 Marines tried to take the city. The first fight in
April came after the killing and mutilation of four Blackwater private
security contractors, whose bodies were strung from a bridge. Ground forces entered
Fallujah and faced some of the heaviest fighting seen at that point in the
war, often engaging in hand-to-hand combat. The killings on Nov. 9,
2004, came after troops captured men they believed had been shooting at them
from a house. Nazario, of Riverside,
placed a call on his radio and was asked "Are they dead yet?"
according to the federal criminal complaint against him. When Nazario responded that
the captives were still alive, he was told by the Marine on the radio to
"make it happen." The captives were then shot. Defense lawyers for Nazario
say the prosecutors' case lacks physical evidence. The building where the
shootings allegedly took place is gone, there is no forensic evidence and the
identities of the victims are referred to only as John Doe No. 1 and John Doe
No. 2. A year after the alleged
shootings, a different squad from the same company was involved in the
killings of 24 civilians in Haditha, Iraq. Nelson and Nazario are not
connected to that case. © 2007 The Associated Press External link: http://www.chron.com/disp/story.mpl/ap/nation/5361044.html Marine Corps sergeant
charged with detainee murder By Mark Walker North County Times December 7, 2007 Camp Pendleton - The Marine
Corps on Friday announced it was refiling a murder charge against a sergeant
accused of taking part in the killing of a group of insurgent detainees
during a battle for the city of Fallujah in November 2004. Sgt. Jermaine Nelson faces a
possible life prison sentence if convicted of the charge. Nelson is also charged with
dereliction of duty. That charge alleges he failed to follow the rules of
engagement and the laws of war regarding the handling of detained prisoners
of war. An Article 32 hearing for
Nelson, who remains on active duty at Camp Pendleton, is tentatively slated
to take place in January, said a Marine Corps spokesman, Lt. Col. Sean
Gibson. Article 32 hearings are conducted to determine if there is sufficient
evidence to order a case to trial by court-martial. Nelson was part of a squad
led by former Marine sergeant Jose L. Nazario Jr. that is accused of
capturing four insurgent fighters on the third day of the Fallujah fight, the
largest battle of the Iraq war. Nazario was charged in U.S.
District Court in Riverside in August with two counts of involuntary
manslaughter and faces up to 10 years in prison if convicted. He is being
prosecuted in civilian court because he is no longer in the Marine Corps and
was not subject to recall into the service. A month after Nazario was
charged, the Marine Corps announced it was filing a murder charge against Nelson.
A short time after that, Lt. Gen. James Mattis, then of Camp Pendleton,
ordered the charge against Nelson withdrawn pending a review of the
investigation. Mattis has since moved to a
new assignment and the review of the investigation was transferred to Lt.
Gen. Samuel Helland, head of the I Marine Expeditionary Force. When Nelson was charged in
September, the Marine Corps did not allege as it does now that he had
violated several tenets of the law of war and the rules for handling
insurgent detainees. Nazario's attorneys contend
the Fallujah case involves 3-year-old battlefield decisions that potential
juries now may be asked to rule upon. It was not immediately clear
Friday morning if Nelson has retained a civilian attorney nor whether he has
been assigned a Marine Corps defense attorney. The case emerged when a
former member of the Kilo Company squad from Camp Pendleton's 3rd Battalion,
1st Marine Regiment, Ryan Weemer, allegedly told the Secret Service during a
job interview several months ago that he was aware of an "unlawful
death." That disclosure triggered an
investigation by the Naval Criminal Investigative Service, leading to the
charges against Nelson and Nazario. An affidavit from a NCIS
agent released when Nazario was charged alleges the squad captured the
detainees and shot four of them inside a house in Fallujah. Nazario's lead attorney,
Kevin McDermott of Orange County, has said his client does not acknowledge
such an incident ever occurred. External link: http://www.nctimes.com/articles/2007/12/07/news/top_stories/1_00_0612_7_07.txt |