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The War Profiteers - War Crimes,
Kidnappings & Torture |
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December 30th,
2008 - Second Fallujah Trial Postponed |
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Second Fallujah Trial Postponed Sgt. Jermaine Nelson is second man to be tried in alleged 2004
detainee killings By Mark Walker North County Times December 30, 2008 Camp Pendleton - The Monday
start of a trial for the second of three men accused of killing four unarmed
captives during a 2004 battle in Iraq has been delayed. Sgt. Jermaine Nelson was
scheduled to go on trial in a base courtroom on a charge of unpremeditated
murder for allegedly shooting one of the captives. No bodies were ever found
in a case built almost exclusively on an admission from one of the
defendants. Nelson also is charged with
three counts of dereliction of duty for failing to follow the rules of
engagement, the laws of war and the proper handling of detainees. He has pleaded not guilty. His trial before a jury of
officers and enlisted men was delayed as a result of a ruling Tuesday by the
military judge presiding over the trial, Lt. Col. Jeffrey Meeks. Nelson's attorney Joseph Low
was successful in getting Meeks to approve the appointment of an expert
witness for the defense who will review forensic data collected by
investigators from the home where the slayings are said to have occurred. Authorities allege that
Nelson and two other Marines from Camp Pendleton killed the captives inside a
Fallujah home during the opening hours of a major battle for that city on
Nov. 9, 2004. Nelson's squad leader at the
time of the incident, former Marine Sgt. Jose L. Nazario Jr., was tried in
U.S. District Court in August for causing the four deaths and acquitted by a
civilian jury whose members later said they did not believe they should be
second-guessing actions on the battlefield. Nazario was tried in
civilian court because he was out of the Marine Corps and not subject to
recall. He was the first man to be tried under a 2002 law that allows for
federal court prosecutions of former members of the military. During Tuesday's hearing,
Meeks ruled that a portion of a statement Nelson made to investigators in
March 2006 will be admitted at trial, as will statements he made in March and
August 2007. Prosecutors are expected to
subpoena Nazario to appear at Nelson's trial. During Nazario's trial,
Nelson and the third man charged in the case, Sgt. Ryan Weemer, were
subpoenaed by the government but refused to testify. That resulted in
contempt of court citations against each that were dismissed after Nazario
was acquitted. Weemer is the man whose
statements that he was aware of "unlawful" killings during a 2006
job interview with the Secret Service led to the charges filed against the
three men from Camp Pendleton's 3rd Battalion, 1st Marine Regiment. Weemer, who also has pleaded
not guilty, is expected to go on trial after Nelson. The two men remain on
light duty at Camp Pendleton while awaiting trial. External link: http://www.nctimes.com/articles/2008/12/30/military/zda4f8ca3dfe904118825752f0060baa8.txt |