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June 25th, 2008 - Marine Jailed for Refusing to Testify in Iraq Case

News article by the Associated Press

Summary of the Falluja Killings

Marine Jailed for Refusing to Testify in Iraq Case

 

By Associated Press

June 25, 2008

 

Riverside, Calif. - For the second time in two weeks, a Marine accused of killing an unarmed detainee in Fallujah, Iraq was jailed for refusing to testify about a former squadmate.

 

Sgt. Jermaine A. Nelson was jailed on Tuesday for contempt of court and could be held for up to 18 months.

 

Nelson is among three Marines accused of shooting unarmed captives in November 2004 during some of the heaviest fighting of the war. The Marine clasped his hands behind his back before marshals led him away.

 

"There are few things that give me less pleasure," U.S. District Judge Stephen Larson said. "I have a profound respect for his service to our country. ... Everyone in this courtroom is indebted to him."

 

Another judge ordered Nelson, 26, of New York, to testify before a federal grand jury investigating Sgt. Jose Nazario, a former Marine charged in the killings of two Iraqi captives. Nazario faces trial on Aug. 19.

 

Nelson's attorney, Joseph H. Low IV, argued that the testimony might later be used against his client, who is facing a military trial on charges of unpremeditated murder in the killing of an unarmed detainee and dereliction of duty. He could face life in prison if convicted of those charges.

 

Nelson was jailed for contempt in May for eight days but a Los Angeles judge ordered his release after Nelson agreed to listen to the grand jury questions.

 

Prosecutors say the Marines from Camp Pendleton captured and killed men they believed had been shooting at them during fierce house-to-house fighting in Fallujah.

 

The investigation began after Ryan Weemer, a former corporal from the squad, took a lie-detector test for a Secret Service job. He allegedly described the killings when he was asked whether he had participated in a wrongful death.

 

Nazario, 28, of Riverside, was charged after leaving the Marines, so the case is being handled by federal rather than military prosecutors.

 

After Tuesday's hearing, Low said Nelson was ready to serve jail time rather than testify.

 

"I told him, if he makes this decision, be prepared to do 18 months," Low said.

 

On June 12, Larson ordered Weemer jailed for contempt for refusing to testify to the grand jury. He is at the San Bernardino County Central Detention Center.

 

Weemer's attorney also argued that the testimony might incriminate him during his military trial for murder and dereliction of duty.

 

The judge, however, said a U.S. Supreme Court precedent involving compelled testimony by law enforcement personnel against their officers prevents military prosecutors from using the Marines' testimony.

 

Nelson was given immunity for whatever he said to the grand jury, the judge said.

 

Copyright © 2008 The Associated Press.

 

External link: http://ap.google.com/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD91H9NVO0

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