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August 28th,
2008 - Jury Acquits Former Marine in Killing of Iraqis News article by the
Associated Press |
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Jury Acquits
Former Marine in Killing of Iraqis By Chelsea J. Carter Associated Press August 28, 2008 Riverside, Calif. - A former
Marine accused of killing unarmed Iraqi detainees was acquitted of voluntary
manslaughter Thursday in a first-of-its-kind federal trial. The jury took six hours to
find Jose Luis Nazario Jr. not guilty of charges that he killed or caused
others to kill four unarmed detainees on Nov. 9, 2004, in Fallujah, Iraq,
during some of the fiercest fighting of the war. The verdict left the
28-year-old defendant in tears. He cried so loud that the judge smacked his
gavel to call for order. Nazario's family and friends also sobbed in the
courtroom. "It's been a long, hard
year for my family," Nazario said outside the courtroom. "I need a
moment to catch my breath and try to get my life back together." Thursday's verdict marks the
first time a civilian jury has determined whether the alleged actions of a
former military service member in combat violated the law of war. One of the jurors, Ingrid
Wicken, hugged Nazario's sobbing mother, Sandra Montanez, without speaking
after the verdict was read. "I watched her all week. She was being
tortured every day," Wicken said later. Wicken said the panel
acquitted Nazario because there was not enough evidence against him. "I think you don't know
what goes on in combat until you are in combat," she said. Nazario's attorney, Kevin
McDermott, said he believes the verdict will curb faulty filings. "I don't think they are
going to put on a case in the future with a lack of evidence," McDermott
said. Prosecutors alleged that
Nazario either killed or caused others to kill four unarmed Iraqi detainees
in Fallujah during "Operation Phantom Fury," which resulted in
house-to-house fighting. Other former Marines testified
during the five-day trial that they did not see Nazario kill detainees but
heard the gunshots. The case came to light in
2006 when Sgt. Ryan Weemer, Nazario's former squadmate, volunteered details
to a U.S. Secret Service job interviewer during a lie-detector screening that
included a question about the most serious crime he ever committed. That
screening was not admitted at Nazario's trial. Weemer and another Marine,
Sgt. Jermaine Nelson, face military charges of unpremeditated murder and
dereliction of duty. Both maintain their innocence, and both were found in
contempt of court for refusing to testify against Nazario. Had Nazario been convicted
of voluntary manslaughter, assault with a deadly weapon and discharging a
firearm during a crime of violence, he could have faced more than 10 years in
prison. On Wednesday, federal
prosecutor Jerry Behnke urged the jury to convict Nazario, saying he violated
his duty as a Marine and must be held accountable for his actions in
Fallujah. He said the evidence showed the detainees had surrendered before
the shooting. McDermott told jurors they
could not convict the former Marine sergeant of an alleged crime in which
there were no bodies, no identities and no forensics. He also argued that a
guilty verdict would only make service members second-guess their actions in
combat. Nazario is the first former
military service member brought to trial under the Military Extraterritorial
Jurisdiction Act, which was written in 2000 and amended in 2004 primarily to
allow prosecution of civilian contractors who commit crimes while working for
the U.S. overseas. It also allows the prosecution of military dependents and
former military service members accused of committing crimes outside the
United States. Copyright © 2008 The
Associated Press. External link: http://ap.google.com/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD92RIHP80 Marine not guilty in
Fallujah slayings Case first in which civilian jury asked to rule on battlefield incident By Mark Walker North County Times August 28, 2008 Riverside - In a case
reverberating throughout the military, a former Camp Pendleton Marine was
acquitted Thursday by a civilian jury in the deaths of four unarmed detainees
during a 2004 battle for the Iraqi city of Fallujah. Jose L. Nazario Jr. burst
into tears when the jury declared him not guilty of manslaughter and leading
his squad in the killings. The trial was the first in
which a U.S. civilian jury was asked to decide whether a former serviceman
was guilty of committing a crime on a battlefield in a foreign nation. "Justice was definitely
done here today," Nazario said minutes after the verdict was rendered
before U.S. District Judge Stephen Larson, prompting cries and sobs from his
family and several supporters. "I want the same justice for every
soldier, sailor and Marine serving in harm's way." The panel deliberated about
five hours before returning its verdict, a decision juror Ingrid Wicker said
was reached during emotional discussions that included debate over whether
civilians were equipped to judge actions during battle. "You don't know what
goes on in combat and everybody recognized this was a combat
environment," the Riverside Community College physical education
instructor said moments after emerging from the jury room and engaging in a
long, tearful hug with Nazario's mother, Sandra Montanez. "I think maybe
we shouldn't be second-guessing what troops do." Juror Ted Grinnell said the
panel was in part swayed by defense arguments that prosecutors failed to
produce any physical evidence of a crime. There were no bodies and no names
attached to the victims and no forensic evidence. Had Nazario been convicted,
he could have faced a sentence of 10 years or more in federal prison. The acquittal is the latest
in a series of similar court decisions involving nearly two dozen troops from
Camp Pendleton accused of unlawful killings in Iraq. In addition to manslaughter,
Nazario was charged with using his service-issued weapon and leading the killings
that took place inside a Fallujah home hours after the U.S. assault of the
insurgent-held city began Nov. 9, 2004. The case emerged when one of
the men in his squad, Marine Sgt. Ryan Weemer, disclosed the killings during
a job interview with the U.S. Secret Service. Weemer and another squad
member, Sgt. Jermaine Nelson, face upcoming trials on charges of murder and
dereliction of duty in military court at Camp Pendleton. Each has pleaded not
guilty and each refused last week to testify at Nazario's trial, resulting in
Larson declaring they were in criminal contempt of court. Nazario's lead prosecutor,
Assistant U.S. Attorney Jerry Behnke, said he respected the jury's verdict
and declined further comment. The lead defense attorney,
Kevin McDermott, said he believes federal prosecutors will now "think
twice" about bringing prosecutions against service members for acts in
war. "Let's hope that
someone recognizes that this was not what MEJA was intended for," he
said in reference to the Military Extraterritorial Judicial Act adopted by
Congress in 2000. The act is primarily aimed at civilians who commit crimes
overseas, but also allows federal prosecutions against former service members
accused of what Behnke had called in his closing argument a "war
crime." Three squad members
testified during the trial that Nazario, Weemer and Nelson each stood watch
over the captives while they searched the home. After making a radio call to
report his squad had found the four suspected insurgents and recovered
several AK-47 rifles and ammunition, Nazario indicated squad members were to
"take care" of the four and continue moving to center of the city. The squad members testified
they soon heard shots coming from rooms where the detainees were being held
and, when they went to investigate, found the men had been killed. Jurors also heard a taped
telephone call between Nazario and Nelson arranged by investigators early in
the investigation in which Nazario seemed to implicate himself in the
slayings. Despite the testimony from
the squad members and the tape, the defense contended the government failed
to prove anyone had been killed. McDermott said during his closing argument
that a conviction would send a dangerous message to troops on the
battlefield. Gary Solis, a military law
expert and former Marine Corps attorney and judge, said he believes the case
never should have been brought. "I think the verdict
was right," the Georgetown University law professor said during a
telephone interview. "I just don't think civilian juries should be put
in a position to decide the rightfulness and appropriateness of actions taken
in battle." Nazario's mother said that,
despite being rocked with fear for her son, she had faith in the jury of nine
women and three men, only one of whom had a military background. "We never lost faith in
the system," Montanez said. "We believed the jury would understand
the situation my son and his men were in. They gave me my son back." Nazario, who was on his
first combat deployment when the incident occurred, called his wife, Diette,
and 2-year-old son Gabriel in New York to report that he had been found not
guilty. "I'll be home
soon," said Nazario, who was a probationary Riverside police officer
when he was indicted by a federal grand jury last year. When he gets home,
Nazario said, he plans to "sleep for a week." One of his attorneys,
Douglas Applegate, said Nazario could be subpoenaed to appear at the military
courts-martial of Weemer and Nelson. "I wish the rest of the
Marines that are on trial good luck," Nazario said. External link: http://tinyurl.com/5hm8ec |