The War Profiteers - War Crimes, Kidnappings & Torture

 

April 2nd, 2009 - Lie Detector Leads to US Marine Being Charged for Murder in Fallujah

News article from The Times

News article from the Los Angeles Times

News article from North County Times

Summary of the Falluja Killings

Lie Detector Leads to US Marine Being Charged for Murder of Iraqi in Fallujah

 

By James Hider

The Times

April 2, 2009

 

A US Marine has been charged with murdering an unarmed Iraqi captive almost five years after the event, after a lie detector test he took when he recently applied to join the Secret Service.

 

In one of the most extraordinary murder cases involving a US soldier to have come out of the Iraq war, Sergeant Ryan Weemer was submitted to a polygraph test and asked about the most serious crime that he had ever committed, as part of his vetting for the new post. He recalled a shooting in Fallujah in November 2004, when US forces stormed the insurgent-held Iraqi city.

 

“We went into this house, there happened to be four or five guys in the house. We ended up shooting them, we had to,” he said, clarifying that in the bitter house-to-house fighting his men had no time to take the men to a detention facility.

 

Sergeant Weemer is now facing a court martial at the Camp Pendleton Marine base in California for unpremeditated murder and dereliction of duty. The case is one of several alleged atrocities committed by US troops in Iraq that are still emerging from the war. This week a US military court in Germany sentenced an American soldier to 35 years in prison for his role in the execution-style killing of four Iraqi prisoners in 2007.

 

Sergeant First Class Joseph P. Mayo, who pleaded guilty, told the court that the four Iraqis were handcuffed, blindfolded and shot in the head and that their bodies were dumped in a canal in Baghdad. He said that the Iraqis were detained in connection with attacks on his unit. They were killed, he said, because he believed that it was the best way of protecting his men and there was not enough evidence to keep the Iraqis in detention.

 

The incident involving Sergeant Weemer, whose hopes of becoming a Secret Serviceman are now over, occurred when about 10,000 US troops - backed by poorly trained Iraqi forces - stormed the city of Fallujah, which had been held by al-Qaeda in Iraq and its Sunni insurgent allies for more than six months.

 

It had been turned into the main centre for manufacturing the devastating car bombs that al-Qaeda was using to attack Shia communities down the road in Baghdad, causing carnage and triggering a devastating sectarian war.

 

There were allegations at the time of extrajudicial killing on both sides during the US assault, named Operation Phantom Fury. American forces unearthed al-Qaeda torture chambers full of bodies and withered husks of survivors, some of them still strapped into wheelchairs that had been used as mobile torture devices.

 

Sergeant Weemer denied the charges against him, and his lawyer argued that there was no evidence that a crime had ever been committed, with no body, no forensic evidence and no claims by relatives that they had lost a loved one. His squadron leader, Jose Nazario, has already been tried and found not guilty. A third Marine, also charged with murder, faces trial in a few weeks.

 

The prosecution said that it has at least one recording of Sergeant Weemer saying that he had shot a man.

 

As the US forces faced heavy casualties in Fallujah, during their heaviest combat role since Vietnam, a US Marine was videotaped by an American reporter shooting dead a wounded Mujahidin fighter inside a mosque, causing outcry and prompting an investigation. The American combatant was eventually exonerated, having said that he had acted in self-defence.

 

During the initial 2003 invasion of Iraq there were reports of US troops “dead-checking” prone Iraqi combatants - a term used to describe shooting a wounded or apparently dead enemy in the head to make sure that he was not a suicide bomber faking his injuries.

 

Similar techniques have been used by Israeli security personnel in the past to “defuse” a shot suicide bomber who was still clutching the trigger of his explosives belt.

 

After the weeks-long battle, many of the bodies were quickly buried in Fallujah’s overcrowded, sometimes makeshift cemeteries.

 

Many of the fighters were volunteer jihadists from across the Arab world, some with no military experience, who had been whipped into religious fervour by clerics in the Gulf, North Africa and in Iraq’s neighbouring states.

 

Before the battle, the US military had ordered all civilians to leave Fallujah, a city of about 300,000 inhabitants that was heavily damaged in the fighting. Some did stay in their homes however, and complained that in the days before the battle, al-Qaeda shot anyone trying to leave.

 

External link: http://www.timesonline.co.uk/tol/news/world/us_and_americas/article6016118.ece


Marine says he is tormented over killing of Iraqi prisoner

Sgt. Ryan Weemer, in a tape-recording played at his court martial, says he wants to forget what happened in Fallouja in 2004. He is accused of unpremeditated murder and dereliction of duty.

 

By Tony Perry

Los Angeles Times

April 2, 2009

 

Reporting from Camp Pendleton - A Marine Corps sergeant charged with murdering an Iraqi prisoner told an investigator that he is tormented by the shooting and has tried to forget what happened that day in Fallouja in 2004, according to a tape-recording played Wednesday at his court-martial.

 

In the recording, Sgt. Ryan Weemer talked of being covered with the blood of his best friend, who was killed by a sniper, and then minutes later being ordered by his squad leader to kill an Iraqi taken prisoner when Marines stormed a house.

 

"I grabbed a gun and took him to the back of the house," Weemer is heard telling two agents from the Naval Criminal Investigative Service. "I shot him twice in the chest."

 

Weemer, 26, is charged with unpremeditated murder and dereliction of duty, and could face a dishonorable discharge and life in prison. His jury is comprised of eight Marines, all with experience in Iraq, Afghanistan or both.

 

During the 90-minute interview, conducted in 2006, Weemer did not say that the prisoner tried to grab his gun - although he had said that a month earlier during a job interview with the Secret Service.

 

Instead, Weemer told of arguing with his squad leader, then-Sgt. Jose Luis Nazario, against the order to kill prisoners and then acquiescing. "I definitely wasn't the type to disobey an order," he said.

 

Nazario was acquitted in Riverside federal court in August of killing two prisoners and ordering Weemer and Sgt. Jermaine Nelson to each kill one.

 

The incident occurred on the first day of the Marine assault on insurgent strongholds in Fallouja on Nov. 9, 2004. Prosecutors allege that the Marines killed the prisoners rather than take time to leave the battlefield and take them to a makeshift jail.

 

"This happened in a split-second; this happened in the fog of war," Weemer said. "I pulled the trigger and I don't feel right about it."

 

Weemer was no longer on active duty and was working at a Starbucks in Chesterfield, Mo., when he sought a job with the Secret Service. He mentioned the killings to a job interviewer, which led to a criminal investigation. He was recalled to active duty to stand trial.

 

In the interview, Weemer, his voice occasionally full of emotion, said that during the first day of the Fallouja battle he saw "too much death in a few hours." He said he rarely talks to anyone about what happened during the battle.

 

"You never feel right about anything," he said. "It doesn't matter how right it is ... I did what I did because I had to."

 

External link: http://www.latimes.com/news/local/la-me-marine2-2009apr02,0,275863.story


Squad leader refuses to testify at Marine’s murder trial

Jose Nazario Jr. won't answer prosecutor’s questions about Fallujah killings

 

By Mark Walker

North County Times

April 2, 2009

 

Camp Pendleton - A former Marine who prosecutors say led the slaying of four unarmed Iraqi insurgents refused to testify Thursday evening against one of the men charged in the shootings.

 

Jose L. Nazario Jr. appeared at the end of a marathon session in the trial of Sgt. Ryan Weemer, who is accused of killing one of the prisoners the men had captured inside a home in the city of Fallujah on Nov. 9, 2004.

 

"With all due respect, I will not answer any questions," Nazario repeatedly told a prosecutor, Capt. Nick Gannon.

 

The judge presiding over Weemer's trial, Lt. Col. Thomas Sanzi, reminded the former Marine that he had an immunity grant and a subpoena directing he testify.

 

"You have to answer," Sanzi told Nazario, who was acquitted last August of two counts of manslaughter for his role in the incident.

 

When Nazario still refused, the judge and Gannon gave up.

 

"It's futile, given his recalcitrance," Gannon said.

 

The jury that acquitted Nazario said it could not decide the propriety of actions occurring on a foreign battlefield.

 

Nazario was tried as a civilian in U.S. District Court in Riverside because he was out of the Marine Corps and not subject to being recalled to duty.

 

Weemer has pleaded not guilty to one count of unpremeditated murder and four counts of dereliction of duty for alleged mistreatment of detainees.

 

During Nazario's trial, Weemer and Sgt. Jermaine Nelson, who is charged with killing the fourth prisoner, also defied subpoenas and refused to testify.

 

Thursday was punctuated with continuous legal wrangling and multiple interruptions in witness testimony.

 

On two occasions, lead defense attorney Paul Hackett asked for a mistrial declaration, contending that the jury had been tainted by hearing statements from prosecutors and witnesses that he argued were overly prejudicial.

 

On Wednesday, Hackett was accused of doing much the same thing when he asked a government investigator if he was aware that Nazario had been acquitted.

 

That statement also tainted the jury, prosecutors said.

 

The judge refused to declare a mistrial.

 

A key witness appearing Thursday was Cory Carlisle, a member of the squad inside the home when the slayings are alleged to have occurred.

 

Carlisle said that shortly after hearing a gunshot inside the home, he saw the then-Cpl. Weemer standing near the body of the oldest captive.

 

"He went for my gun," Carlisle said Weemer told him.

 

Later that day as they sat inside a Humvee, Carlisle said Weemer expressed remorse and said the prisoners were killed because of a "command from higher up."

 

Carlisle, like Weemer, was shot and wounded a few days after the incident.

 

But he said the prisoner shooting was worse than being wounded.

 

"I often refer to it as 'the worst day of my life,’” Carlisle said, adding he second-guesses himself for not having intervened.

 

Asked by Gannon if he believed anything warranted the prisoners being shot, Carlisle said no.

 

"They were unarmed," he said.

 

Weemer's attorneys say Nazario ordered the shootings and Weemer did so only in self-defense.

 

Nazario's order to shoot came after he radioed insurgents had been captured and was reportedly told by an unnamed superior to "take care of it" and asked "are they dead yet?"

 

The trial continues Friday morning and testimony is expected to conclude Friday or Monday.

 

It takes two-thirds of the jury to convict Weemer on any of the charges he faces.

 

External link: http://www.northcountytimes.com/articles/2009/04/02/military/z4d09d6b811c8ded98825758c006c86bb.txt

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