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The War Profiteers - War Crimes,
Kidnappings, Torture and Big Money |
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April 30th,
2008 - Judge Denies Iraq Veteran’s Motion to Dismiss Charges |
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Judge Denies Iraq Veteran’s Motion
to Dismiss Charges Man suspected in slaying of Iraqi prisoners By Sonja Bjelland The Riverside Press-Enterprise April 30, 2008 In a precedent-setting
decision, a federal judge has ruled a former Riverside police officer should
stand trial for his role in two fatal shootings while he was a Marine
sergeant in Iraq. U.S. District Court Judge
Stephen Larson denied a defense motion to dismiss the charges of voluntary
manslaughter against Jose Luis Nazario Jr. The defense argued for the
first time in a criminal case that a civilian court should not hear a trial
about a service member in combat. Nazario, who has pleaded not
guilty, is being tried in civilian court because he is no longer in the
military. His attorneys requested the
case be dismissed, asserting that the law under which he was charged does not
apply. The judge did not agree. The
law prevents a discharge from protecting a veteran from prosecution for
crimes that occurred during service, Larson wrote. "I can't say I'm
disappointed or surprised, but it could have gone either way," said
Kevin McDermott, one of Nazario's attorneys. Nazario is accused of
shooting two detainees during Operation Phantom Fury in Fallujah, Iraq, in
November 2004. Prosecutors also contend
that Nazario ordered the deaths of two other detainees, according to court
documents. They have declined to comment about why Nazario is not charged in
those killings. Two Marines who were under
Nazario's command face charges in military court at Camp Pendleton in
connection with the killings. A hearing in March included a tape of Sgt.
Jermaine Nelson's interview with a Naval Criminal Investigative Services
agent. In the interview, Nelson
said Nazario fired one round that grazed a detainee's ear, then made fun of
Nelson for trying to bandage the wound. Nazario then took a second man to a
kitchen and shot him through the eye, Nelson said. Nazario will return to court
June 23 for a pre-trial hearing. A jury trial is slated to begin July 8. Assistant U.S. Attorney
Jerry Behnke said he was pleased with the outcome and is prepared to move
forward. The Associated Press contributed
to this report. External link: http://www.pe.com/localnews/inland/stories/PE_News_Local_B_nazario01.433bcaf.html |