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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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April 21st,
2008 - Attorney: Former Riverside Police Officer is not Subject to Military
Law |
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Attorney:
Former Riverside Police Officer Accused of Manslaughter is not Subject to Military
Law By Sonja Bjelland The Riverside Press-Enterprise April 21, 2008 A federal judge is deciding
whether to keep or drop manslaughter charges against an Iraq war veteran. The debate in Riverside
federal court Monday afternoon raised international issues. Jose Luis Nazario Jr. served
as a Marine sergeant during Operation Phantom Fury in Fallujah, Iraq, in
November 2004. A former Riverside police
officer, Nazario has pleaded not guilty to two charges of manslaughter in the
deaths of two Iraqi detainees. He is being tried in federal court because he
is no longer in the military. Also, two other Marines have
been charged in the deaths of two more Iraqis connected to the Nazario case. According to court documents
filed by the U.S. Attorney's Office, Nazario killed one detainee, ordered the
two subordinates to kill two more and then shot the remaining detainee
himself. Attorneys for Nazario
requested the case be dismissed, asserting that the law under which he was
charged does not apply to combat - and that it's not the job of the civilian
courts and juries to examine combat actions. Prosecutors said the
killings violated the laws of war. U.S. District Court Judge
Stephen G. Larson debated with each side and said he probably would not rule
until next week. The case is scheduled for a
jury trial on July 8. The case centers on the 2000
Military Extraterritorial Jurisdiction Act. The law is so recent that case
law is almost non-existent. Defense attorney Kevin
McDermott said a jury of civilians would have greater difficulty
understanding the rules of engagement and war. "Do we have the
fundamental fairness to go through this scenario for Sgt. Nazario to have the
best possible process?" he asked. Larson compared the case to
how a civil jury learns about police rules of engagement for an
excessive-force case. He then asked Assistant U.S. Attorney Jerry Behnke
about future consequences of a civilian ruling, as excessive-force cases are
designed to affect how a police department functions. Behnke said the only question
is whether Nazario committed a crime. "It is not a tactical
decision," Behnke said. "It is not a strategic decision." He said the Jurisdiction Act
was intended to make sure service members could be tried for crimes after
they have left the military and prevent what he called an imbalance of
justice. "The message ... is
that servicemen have to conduct themselves within the limit of the law,"
Behnke said. External link: http://www.pe.com/localnews/inland/stories/PE_News_Local_R_nazario22.41f9c2c.html |