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May 22nd, 2008 - Marine Jailed for Refusing to Testify to Grand Jury

News article by the Associated Press

News article by North County Times

Summary of the Falluja Killings

Marine Jailed for Refusing to Testify to Grand Jury

 

By Associated Press

May 22, 2008

 

San Diego - A Marine accused of killing of an unarmed detainee in Fallujah, Iraq, is in jail because he refused to testify against a comrade.

 

The detention of Sgt. Jermaine A. Nelson has forced his arraignment to be postponed.

 

Nelson was scheduled to be arraigned Thursday at Camp Pendleton on charges of unpremeditated murder and dereliction of duty.

 

When Nelson failed to appear in court, his attorney said a federal judge had ordered Nelson jailed for refusing to testify before grand jury about Jose Nazario, a former Marine charged in the killings of two captured insurgents.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD90QR4780


Attorney says Marine jailed for refusing to testify

 

By Teri Figueroa

North County Times

May 22, 2008

 

Camp Pendleton - A Marine sergeant charged with killing a detainee in Iraq is in federal civilian jail after refusing Wednesday to testify against a war comrade accused in the same incident, the sergeant's attorney said Thursday.

 

The detention kept Sgt. Jermaine Nelson from making his scheduled appearance in a Camp Pendleton courtroom Thursday morning, where he was due to be arraigned on charges of unpremeditated murder and dereliction of duty.

 

A federal judge ordered Nelson into custody after the sergeant refused to testify before a federal grant jury investigating his buddy, Jose Nazario, Jr., according to Nelson's civilian attorney, Joseph Low.

 

"My client said 'Sgt. Nazario saved my life on a number of occasions, and I'm not going to testify,' " said Low, who spoke outside of court after Nelson's arraignment was put on hold while the matter is sorted out.

 

Nazario, who was a probationary Riverside police officer when he was charged, faces accusations in the deaths of men who he and others had detained during the November 2004 Fallujah battle.

 

The slayings allegedly occurred on Nov. 9, 2004, during the height of the fierce battle for the insurgent-held city.

 

Even though Nazario has been charged in federal court, Low said the prosecutor in that case is trying instead to have a federal grand jury indict him.

 

Although both Nelson and Nazario are charged in the same incident, Nazario's case is in civilian court because he had already left the Marine Corps and was not eligible to be called back into the service by the time the murder charge was levied.

 

Military prosecutors are handling Nelson's case.

 

Also charged in military court for the incident is a third man, 25-year-old Ryan Weemer, who revealed the incident while interviewing for a job with the Secret Service.

 

Weemer has since been recalled into the Marine Corps and was charged last month with one count of unpremeditated murder, a charge akin to second-degree murder in the civilian justice system.

 

External link: http://tinyurl.com/3u4egl

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