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June 23rd, 2008 - Iraq War Veteran Called Back to Court to Testify

News article by Riverside Press-Enterprise

Summary of the Falluja Killings

Iraq War Veteran Called Back to Court to Testify

 

By Sonja Bjelland

June 23, 2008

The Riverside Press-Enterprise

 

An Iraq war veteran might again go to jail today if he refuses to testify against a former Riverside police officer and fellow veteran accused of killing detainees.

 

Marine Sgt. Jermaine Nelson has been refusing to answer certain questions in grand jury proceedings investigating Jose Luis Nazario Jr., who was indicted while a Riverside police officer last year on charges of voluntary manslaughter.

 

Nelson is scheduled to appear in front of U.S. District Court Judge Stephen Larson this afternoon.

 

Nazario is accused of killing two detainees when he was serving in the Marine Corps during the 2004 Operation Phantom Fury in Fallujah, Iraq.

 

The case marks one of the few times the government has tried a veteran in civilian court for crimes alleged to have occurred during war. Nazario's case is being held in federal court because he left military service.

 

Nazario's attorney, Kevin McDermott, said he believes the prosecution is asking the grand jury for murder charges. Such hearings are held in secret.

 

On Monday, Nazario's trial was rescheduled from July 8 to Aug. 19.

 

Nelson and Marine Sgt. Ryan Weemer are charged with murder and dereliction of duty in military court, each accused of killing one detainee at the same house as Nazario.

 

Weemer also has refused to testify and has been held since June 12 in the San Bernardino County Central Detention Center in San Bernardino, according to jail records.

 

Nelson previously served nine days before being released when he agreed to listen to the prosecution's questions.

 

He appeared before the grand jury last week.

 

"He answered the ones he could," his attorney Joseph H. Low IV said.

 

The prosecution requested another contempt hearing, leading Nelson to return to court today.

 

A tape of an interview of Nelson by a Naval Criminal Services investigator was played during a pre-trial hearing in the military procedure at Camp Pendleton.

 

In the tape, he described fierce house-to-house fighting in which Nazario became irate after AK-47s were found in a home.

 

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.

 

The Associated Press contributed to this report.

 

External link: http://www.pe.com/localnews/inland/stories/PE_News_Local_W_nazario24.44c73e8.html

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