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March 2nd, 2008 - Groups Raise Funds for Service Members who Face Charges

News article by the Riverside Press-Enterprise

Summary of the Falluja Killings

Groups Raise Funds for Service Members who Face Charges

 

By Sonja Bjelland

The Riverside Press-Enterprise

March 2, 2008

 

The defense of a former Riverside police officer and Iraq veteran facing war crimes charges has gained national attention among some Web sites collecting money to pay his court costs.

 

The phrases "Semper Fi" and "Ooh rah" are common among those leading national fundraising efforts to support service men and women charged with crimes that allegedly happened while they served in Iraq or Afghanistan. Several Internet-based defense funds supported by different veterans groups raise money and two have donated to Jose Luis Nazario.

 

Nazario, who is scheduled for a pretrial hearing today, has amassed $10,000 in Internet donations to pay for his defense against voluntary manslaughter charges in the killings of two unarmed detainees in Fallujah, Iraq, in November 2004. He has pleaded not guilty in federal court and is out on bond. He was charged in federal court instead of military court because he is no longer in the military.

 

A fellow Marine, Sgt. Jermaine Nelson, has been charged with murder in military court in the Fallujah killings.

 

Most sites have raised less than $100,000 to support cases that can cost more than twice that for a private defense. They have also garnered letters of support. The donations largely come from veterans sending checks for $10 and $25.

 

Inland Man’s Trial

 

As a Marine, Nazario was based in Camp Pendleton and served in Kilo Company, 3rd Battalion, 1st Marine Regiment. Eight members of the same company faced charges in the killings of 24 civilians in Haditha, Iraq. The cases helped start the Internet support movement.

 

Nazario's attorney, Kevin McDermott, also represented the captain in the Haditha case. Attorney Douglas Applegate, who served in Fallujah, has joined the case.

 

In today's hearing, the attorneys plan to file several motions, including one that challenges the separation of powers in the branches of government, and another seeking the identities of the two victims. The federal indictment lists the detainees as John Doe 1 and 2.

 

Among those Internet-driven groups supporting Nazario, the Marine/Iraq Defense Fund was started to help the "Pendleton 8" charged in the Haditha case. Attorneys must file applications for their clients to receive the money with a goal of good legal representation, said veteran and Carlsbad attorney Rickard Borg.

 

The veterans group is building a new Web site and has disassociated itself with www.marinedefensefund.com but still accepts donations by mail, Borg said.

 

A second group, the Military Combat Defense Fund, raises money not only through the Web site but also motorcycle runs and guest speakers, co-founder Tom Bolinder said. The Massachusetts-based group donated a portion of the $150,000 it raised to Nazario.

 

‘Steamed About This’

 

They usually parse the money out in $10,000 to $25,000 increments, Bolinder said. Donations have waned recently but Bolinder said the group plans to continue to raise funds as long as service men and women are charged with capital crimes.

 

"There are a lot of veterans that are really steamed about this and they'll make donations when they can afford to," he said.

 

The United American Patriots, a group of veterans that formed more than five years ago, created the Warrior Defense Fund after hearing about the Haditha case, said retired Marine Maj. Bill Donahue. Families and attorneys can petition the group for legal fees and aid for expenses such as travel. He said they have not received a petition in Nazario's case.

 

Since February 2007, the group has raised $78,000 and dispersed more than 97 percent of the money, Donahue said. This January, they started a direct mail fundraiser for two specific cases and have already raised $12,000. Donahue said the group must judiciously disperse the money because they assist 24 servicemen.

 

"I know we're helping the families," he said, by phone from his Greensboro, N.C., home. "I know that they know we're out here as a public charitable entity to do everything we can do to contribute money to their son's defense."

 

External link: http://www.pe.com/localnews/rivcounty/stories/PE_News_Local_D_nazario03.3e8b436.html

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