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April 25th, 2008 - Trial Recommended for Pendleton Marine in Iraq Slayings

News article by the Associated Press

Summary of the Falluja Killings

Trial Recommended for Pendleton Marine in Iraq Slayings

 

By Associated Press

April 25, 2008

 

Camp Pendleton, Calif. - A hearing officer recommended a court-martial for a Marine charged with murdering an Iraqi detainee captured during fierce house-to-house fighting in Fallujah, Iraq.

 

Lt. Col. Thomas McCann said in his findings Wednesday that there is sufficient evidence against Sgt. Jermaine A. Nelson to order him to trial.

 

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 has said he was following orders from his squad leader, Jose Nazario Jr., who is also charged.

 

A final decision on whether Nelson will face trial now rests with Lt. Gen. Samuel Helland, who oversees the case as head of Camp Pendleton's 1st Marine Expeditionary Force and Marine Corps forces in the Middle East.

 

Nelson, of New York, 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. The charge does not give the name of the Iraqi who was killed.

 

Nelson's attorney, Joseph Low, told the North County Times that his client was ready to contest the charge.

 

"We look forward to the court-martial so we can tell his story," he said in a story published Thursday.

 

Low has argued that Nelson should not be held responsible for obeying what he perceived as an order when he was in the midst of a combat mission.

 

But prosecutors say he should be held accountable for following directions from Nazario, who is 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.

 

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.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD90913KG0

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