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May 30th, 2008 - Judge Releases Marine Jailed for Refusing to Talk

News article by the Associated Press

News article by the Los Angeles Times

Summary of the Falluja Killings

Judge Releases Marine Jailed for Refusing to Talk

 

By Chelsea J. Carter

Associated Press

May 30, 2008

 

Camp Pendleton, Calif. - A Marine jailed after refusing to give grand jurors testimony about a comrade charged with killing unarmed captives in Iraq was released Thursday after he agreed to hear the panel's questions.

 

U.S. District Judge Percy Anderson released Sgt. Jermaine A. Nelson from federal detention in Los Angeles after Nelson agreed to hear questions from the grand jury investigating Jose Nazario, a former sergeant charged in the killings of two captured insurgents, Nelson's attorney Joseph Low said.

 

"There are just some questions he is not going to be able to answer," Low said.

 

Anderson found Nelson in contempt of court last week.

 

Nelson and Nazario are charged in the case, which centers on allegations that a Marine squad shot a group of unarmed captives during heavy fighting in November 2004 in Fallujah, Iraq, during some of the heaviest fighting of the war.

 

Low said Nelson likely will be arraigned within the next couple of weeks on military charges of unpremeditated murder and dereliction of duty.

 

Nazario, 27, has been charged with one count of voluntary manslaughter in the killing of two captives and is scheduled to be tried in July. The former sergeant faces charges in federal court because he has completed his military service.

 

Low said Anderson ordered the grand jury to reconvene by June 18. Low said one reason prosecutors are reconvening the grand jury is to try to get Nelson to testify against Nazario.

 

Thom Mrozek, a spokesman for the U.S. attorney's office, said he could not comment because the filings in the case are under seal.

 

Prosecutors say the Marines captured men they believed had been shooting at them and killed them.

 

The investigation began after Ryan Weemer, a former corporal from the squad, took a lie-detector test for a Secret Service job. He described the killings when he was asked if he had participated in a wrongful death. Weemer, of Hindsboro, Ill., is charged with murder and dereliction of duty.

 

The Marines were part of Kilo Company, 3rd Battalion, 1st Marine Regiment, 1st Marine Division.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD90VL3S80


Judge releases Marine jailed in L.A. for contempt

The serviceman who had refused to answer questions about the alleged killing of prisoners in Iraq agrees to attend a grand jury session.

 

By Scott Glover & Tony Perry

Los Angeles Times

May 30, 2008

 

Marine Sgt. Jermaine A. Nelson, jailed in Los Angeles last week for contempt of court for refusing to testify against his former squad leader about the alleged killing of Iraqi prisoners, was released Thursday after promising to attend a grand jury session and listen to questions.

 

Joseph Low, Nelson's attorney, said his client promised U.S. District Judge Percy Anderson that he would attend a June 18 session of the grand jury, which is investigating the deaths of prisoners during the fight for Fallouja in late 2004.

 

Nelson, 26, did not promise to provide information about former Sgt. Jose Luis Nazario, Low said. "I did inform the judge [that] nothing has changed except our willingness to listen," he said.

 

Anderson had Nelson jailed last week when, despite receiving immunity, he declined to answer questions about "a brother Marine." Low said Nazario had saved Nelson's life in Iraq.

 

Nazario, now a civilian, is charged with two counts of voluntary manslaughter. Trial is set for July 8 in federal court in Riverside. Nelson has been charged in the military system with unpremeditated murder and dereliction of duty. He remains on active duty at Camp Pendleton.

 

Nelson's fiancee and a dozen Marines and other supporters waited outside the courtroom, which was closed because a grand jury proceeding was at issue. By law, grand juries meet in secret.

 

Anderson declined a request from The Times to delay Thursday's session so one of the newspaper's attorneys could argue against excluding the public.

 

Marine Gunnery Sgt. James Griffin, stationed at Twentynine Palms, said outside the courtroom that he was angry that the Marine Corps had not backed Nelson's refusal.

 

"They teach us 'you never leave your brothers behind,'" Griffin said, "but he's all by himself right now. ... We give our lives to the Corps - now this Marine is fighting for his."

 

The jailing of Nelson two days before the Memorial Day weekend prompted angry website posts by Marines and supporters.

 

Court documents suggest that the Marines said they had to make a split-second decision: either take time to process prisoners according to the rules or rush to the aid of Marines pinned down in a firefight.

 

Nazario allegedly told Marines under his command to "take care of them" so the unit could support fellow Marines. Nazario, according to court documents, had informed a senior Marine over the telephone that they had taken prisoners while clearing houses during the fight for the insurgent stronghold in Anbar province.

 

According to the documents, the following conversation allegedly took place:

 

"Are they dead yet?" Nazario was asked by the Marine.

 

"Negative," Nazario responded. The other Marine, who has not been identified, then said, "Make it happen," according to the documents.

 

In court, Nelson appeared subdued. When Anderson ordered him jailed eight days earlier, Nelson was wearing a Marine uniform. When he appeared Thursday, he was in jail garb and shackled.

 

"It's hard on him; I'm not going to lie about it," Low said.

 

A third Marine, Sgt. Ryan Weemer, is also charged in military court with unpremeditated murder. Weemer, 25, had left active duty but was still in the reserves. He allegedly disclosed the killings while being interviewed for a job with the Secret Service. That launched an investigation by the FBI and the Naval Criminal Investigative Service.

 

Weemer was recalled to active duty so he could be charged by the military.

 

Outside the courtroom, retired Marine Gerald Johnson, now a chaplain with the Oceanside Police Department, said charging the Marines could make other Marines hesitate to take action during combat for fear of being second-guessed later by prosecutors.

 

Another supporter, Joyce Glanza, said it was wrong to pull Nelson into a civilian courtroom. "It's not a jury of your peers anymore; it's a totally different thing."

 

External link: http://www.latimes.com/news/local/la-me-marine30-2008may30,0,6373008.story

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