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March 28th, 2008 - Marine Charged in Detainee Death

1st news article by the Associated Press

2nd news article by the Associated Press

Summary of the Falluja Killings

Marine Charged in Detainee Death

 

By Allison Hoffman

Associated Press

March 28, 2008

 

Camp Pendleton, Calif. - A Marine charged with murdering a detainee captured during a fierce battle in Fallujah, Iraq, faced a military judge Friday who will determine whether there is enough evidence to go to trial.

 

Sgt. Jermaine A. Nelson, 26, is one of three Marines accused of shooting unarmed captives in November 2004 during some of the heaviest fighting of the war.

 

He faces life imprisonment if he is tried and convicted on the murder charge.

 

The others involved are Sgt. Ryan Weemer, who was charged with murder and dereliction of duty, and squad leader Jose Nazario Jr., who was charged with one count of voluntary manslaughter in the killing of two captives. Because he completed his military service, Nazario, a former sergeant, is charged in federal court.

 

All were assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division.

 

The case came to light when Weemer, 25, applied for a job with the Secret Service. Investigators claim Weemer described the killing during a polygraph test that included a question about whether he had participated in a wrongful death.

 

The battle of Fallujah was the second time in 2004 the 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 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, which prompted the largest prosecution to emerge from the Iraq war.

 

© 2008 The Associated Press

 

External link: http://www.chron.com/disp/story.mpl/ap/nation/5656615.html


Recording of Marine’s account of captive killings played in court

 

By Allison Hoffman

Associated Press

March 28, 2008

 

Camp Pendleton - A Marine charged with murdering an Iraqi detainee captured during fierce house-to-house fighting in Fallujah, Iraq, said his squad leader asked for help killing captives after weapons were found in their house, a naval investigator testified Friday.

 

Sgt. Jermaine A. Nelson, 26, is one of three Marines accused of shooting unarmed captives in November 2004 during some of the heaviest fighting of the war.

 

Nelson told investigator Mark Fox in a March 2007 interview that his squad leader, Jose Nazario Jr., became irate after AK-47s were found upstairs in the house where four Iraqis were being held after they indicated they had no weapons.

 

Prosecutors played a tape of Nelson's interview with Fox during a pretrial hearing that will determine whether sufficient evidence exists for a trial.

 

Nelson, who sat in a cramped Camp Pendleton courtroom wearing neatly pressed desert fatigues, stared straight ahead as the recording of his graphic account of the shooting was played.

 

He told Fox that Nazario fired a round at one detainee, grazing the man's ear, and then made fun of Nelson for trying to bandage the wound. Nelson said Nazario then kicked the man in the genitals and became increasingly irate when the man didn't flinch.

 

Nazario then took a second man into the kitchen and shot him through his eye, Nelson told Fox.

 

"So Nazario comes up, he says, 'I just did one, I'm not doing all of them myself so you're going to do one,'" Nelson told Fox. "So I'm thinking I didn't want to get shot myself."

 

Nelson, of New York, made only procedural statements to Lt. Col. Thomas McCann at the start of proceedings.

 

He is charged with a single murder count and five counts of dereliction of duty.

 

He faces life imprisonment if he is tried and convicted on the murder charge.

 

Nazario, of Riverside, Calif., was charged with two counts of voluntary manslaughter in the killing of two captives. Because he completed his military service, Nazario, a former sergeant, is charged in U.S. District Court.

 

His lawyer, Kevin McDermott, said there is no forensic evidence to back up Nelson's claims.

 

"I'm concerned about whether the government has any evidence to back up the allegations," McDermott said. "If what they have is statements by these kids and nothing more then there will be more motions that they are bringing the case on improper grounds."

A third Marine, Sgt. Ryan Weemer, was charged last week with murder and dereliction of duty.

 

All were assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division.

 

The case came to light when Weemer, 25, of Hindsboro, Ill., applied for a job with the Secret Service. Investigators claim Weemer described the killing during a polygraph test that included a question about whether he had participated in a wrongful death.

Fox testified that Nelson seemed relieved to finally talk about the episode when he was first interviewed in December 2006.

 

"He made the statement that the incident had been bothering him for a couple of years and that he'd seen the faces of these individuals in his sleep," Fox said.

 

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 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 a Marine on the radio to "make it happen," the complaint said, and 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 victims are only identified as John Doe No. 1 and John Doe No. 2.

 

A year after those alleged shootings, a different squad from the same company was involved in the killings of 24 civilians in Haditha, Iraq. In that case Friday, charges against a squad member were dropped, leaving the squad leader and two officers still facing charges. Four enlisted men and four officers were originally charged.

 

External link: http://www.pe.com/ap_news/California/CA_Marines_Fallujah_334493C.shtml

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