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The War Profiteers - War Crimes,
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April 3rd,
2009 - US Marine Stood with Gun over Iraqi: Witness News article from Agence France
Presse News article from San Diego
Union-Tribune News article from North County
Times |
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US Marine
Stood with Gun over Iraqi: Witness From Agence France Presse April 3, 2009 Camp Pendleton, California -
A US Marine charged with killing an unarmed Iraqi was found by fellow troops
pointing his pistol at the man and standing over his body, a witness said. Former private first class
Cory Carlisle told a court martial for Sergeant Ryan Weemer that they and
several other Marines had entered a house to search for insurgents and
weapons during the battle of Fallujah in November 2004, 50 kilometers (31
miles) west of Baghdad. Weemer, 26, is one of three
Marines based at Camp Pendleton in California who had been charged with
killing four Iraqi detainees at the house. Weemer is charged with
unpremeditated murder and dereliction of duty. He claims he shot the Iraqi
in self-defense when the man lunged for his gun. The government contends he
took the man into the kitchen and shot him. Carlisle testified that the
Marines had spotted four Iraqi men sitting against a wall inside the
two-story house. "They had their hands
up, 'don't shoot,' that kind of attitude," said Carlisle. He said that while he and a
fellow Marine were searching another room, they heard a gunshot. When they got to the
kitchen, "there was a body lying on the ground and Weemer had his 9mm
(pistol)," Carlisle said. Although he testified that
he did not actually see anyone get shot, Carlisle said Weemer expressed
remorse about the Iraqi man. "He said it was
something he was going to have to live with for the rest of his life." Former Sergeant Jose Nazario
was tried on voluntary manslaughter charges for the killing of two detainees
and acquitted last year in federal civilian court. Another squadron member,
former Sergeant Jermaine Nelson, is charged with killing a fourth detainee.
His court martial is expected to take place in the next few months. It was
unclear whether Nelson would testify at a separate hearing for Weemer on
Friday. Nazario, who was granted
immunity, refused to testify when he was called to the stand late Thursday. Defense attorney Paul
Hackett asked the judge to declare a mistrial based on prosecutorial
misconduct after the prosecution asked Wednesday whether the three Marines
were charged as a result of the investigator's probe. Hackett said the trial was a
conspiracy case and that he wanted Weemer's charges to be separated from
those of Nazario and Nelson. The judge, Lieutenant
Colonel Thomas Sanzi, said he would rule on the mistrial motion at a later
date. If convicted, Weemer, a
Purple Heart recipient, could be sentenced to life in prison. A military investigation was
triggered when Weemer told a Secret Service agent during a job interview in
October 2006 that he had been involved in an unlawful killing in Iraq. Copyright © 2009 AFP. External link: http://www.google.com/hostednews/afp/article/ALeqM5ig88c4G3yV3LK1fYbGs9hz3to2MA Marine’s self-defense claim
disputed By Rick Rogers San Diego Union-Tribune April 3, 2009 Camp Pendleton - Since
Marine Sgt. Ryan Weemer's murder trial started Tuesday at Camp Pendleton, his
attorneys have described his shooting of an unarmed detainee as self-defense
during a chaotic battle in Iraq. Yesterday, the prosecution
tried to undercut that assertion by introducing witnesses who said
regulations clearly required Marines to bring captives to a designated
holding area instead of killing them. Chief Warrant Officer Paul
Pritchard ran prisoner operations during the November 2004 offensive in
Fallujah that included Weemer. He testified that the 3rd Battalion, 1st
Regiment kept prisoners in a train station north of the city. About 1,000 captives were
brought there by the time the fighting ended, Pritchard said. Maj. Jonathan Vaughn, who
was a lawyer for the battalion, said every Marine was taught the laws of
armed conflict and the U.S. military's rules of engagement. “More than sufficient,”
Vaughn replied when asked if the battalion had received enough training to
know a legal right from a legal wrong. Defense attorney Paul
Hackett said the government's case is weak because there are no eyewitnesses
to the alleged murder. Weemer and two others have been accused of killing
four unarmed detainees in a house they inspected. The Marine who might come
closest to being an eyewitness is Cory Carlisle, who saw the captives minutes
before they died Nov. 9, 2004. Carlisle testified yesterday
that he was searching the two-story home for weapons when he heard a shot and
ran to see what happened. “Did you see ... Weemer
standing over the body?” asked prosecutor Capt. Nick Gannon. “Yes,” Carlisle said. He
said Weemer left the house with him, but not before they heard three more
shots. They met up with other members of their platoon just outside the
dwelling. “To me, they had just lined
up the (captives) and shot them,” said Carlisle, who described the incident
as the worst day of his life. When the Marines were riding
back to their base, Carlisle testified, Weemer expressed remorse and said
he'd have to live with the shooting for the rest of his life. But Carlisle also said Weemer
told him the detainee had tried to take his gun. Weemer is charged with
unpremeditated murder and dereliction of duty. If convicted, he could be sent
to prison for life. Sgt. Jermaine Nelson is
awaiting court-martial for allegedly shooting one of the captives in the
house. The third defendant, Sgt. Jose Nazario Jr., was acquitted by a
civilian jury last year. He was tried in federal court because the Marine
Corps couldn't call him back to service. Nazario took the stand in
Weemer's trial yesterday. Despite being given immunity by the Corps and the
Justice Department, Nazario kept answering questions by saying, “With all due
respect, I will not provide any responses.” External link: http://www3.signonsandiego.com/stories/2009/apr/03/1m3weemer002214-marines-self-defense-claim-dispute/?zIndex=76854 Combat Marine
fighting a different battle Sgt. Ryan Weemer is latest Camp Pendleton troop whose fate is in hands
of military jury By Mark Walker North County Times April 3, 2009 Camp Pendleton - Wounded in
action and prominently featured in a book for his heroic actions during a
grueling 2004 battle for the Iraqi city of Fallujah, Sgt. Ryan Weemer now
sits in a Camp Pendleton courtroom fighting a charge he killed an unarmed insurgent. For the last five days, the
26-year-old Illinois native has sat stoically at the far left end of a
defense table as prosecutors have called more than a dozen witnesses in their
attempt to convict him of unpremeditated murder and dereliction of duty. The base courtroom is a far
more antiseptic environment than the bloody house-to-house fighting he
experienced in Fallujah. Facing up to life in prison
if convicted, Weemer has heard prosecutors describe his acts inside a home
the morning of Nov. 9, 2004, as those of a vengeful killer who executed an
enemy prisoner in retribution after his best friend, Lance Cpl. Juan Segura,
was killed by a sniper earlier that day. Weemer has pleaded not
guilty and he and his attorneys contend the man he killed had lunged for his
9mm pistol. It was an act of self-defense, they say. The defense also is trying
to convince a jury of eight combat-veteran officers that the four suspected
insurgents detained and killed by Weemer and other members of a 3rd
Battalion, 1st Marine Regiment Kilo Company squad were hardened fighters who
moments earlier had been firing AK-47s at them. On Friday, two of the
Marines who were inside the home that day testified there was a heavy smell
of gunpowder throughout the house. Shortly before they appeared
in court, the military judge presiding over the case, Lt. Col. Thomas Sanzi,
announced he was asking the Justice Department to prosecute Weemer's squad leader
at Fallujah for refusing to testify. Former Sgt. Jose L. Nazario
Jr. repeatedly declined to answer a prosecutor's questions when called to the
stand Thursday. Nazario, who was Weemer's superior in Fallujah, was tried and
acquitted last year for his role in the incident. Nazario's refusal to testify
was expected. During his trial, Weemer and a third man charged in the case,
Sgt. Jermaine Nelson, defied subpoenas and refused to testify against
Nazario. On Friday, Nelson also refused to testify. Weemer has a Purple Heart
after he was shot in the leg three times on Nov. 13, 2004. The firefight is
chronicled in "The House from Hell," a chapter in the 2005 book by
Bing West, "No True Glory: A Frontline Account of the Battle for
Fallujah." Now, many of the men with
Weemer that day and four days earlier are being called as prosecution
witnesses. While his name came to
public attention for what happened inside the Hell House, it was the house he
entered four days earlier that has come back to haunt him. It's unlikely that Weemer
will testify. He may give what is known as an unsworn statement at the
conclusion of the trial, but putting him on the stand would expose him to
cross-examination by prosecutors hungry for a conviction. Unsworn statements
are not subject to cross-examination. Weemer's voice has been
heard this week. In two tape recordings of interviews with investigators, he
calmly detailed his version of the events that led to his being tried for
murder for an act that occurred more than four years ago, when he was a
corporal. He tells the investigators
the prisoners were killed because of orders from unidentified higher-ups who
wanted his squad to keep moving through the city. Nazario ordered the
killings, he says, adding that he argued against it with his sergeant. Prosecutors contended Weemer
didn't live up to his training and duty to protect enemy prisoners of war
once they had been disarmed. But on one of the tapes with
investigators, Weemer is succinct. "This was war," he
tells the Naval Criminal Investigative Service. "It's not pretty, and I
don't deserve to be in trouble because I did what I had to do over
there." His platoon commander at
Fallujah, then-Lt. Jesse Grapes, testified Friday that Weemer was one of his
best-trained and articulate troops whose loyalty, dedication and obedience to
orders were unmatched. If jurors convict Weemer,
who had left the Marine Corps and was working at a Starbucks near St. Louis
and taking college courses, they also will decide his punishment. In other recent cases at
Camp Pendleton, juries have been lenient, allowing the accused to walk out of
the courtroom with little or no punishment. In this case, Lt. Gen.
Samuel Helland, the man overseeing the trial as the convening authority, drew
prospective jurors from bases around the country rather than just those
stationed at Camp Pendleton. And like Weemer, each has
experienced war. Seven have served one or more tours in Iraq and another has
had two deployments to Afghanistan. Those jurors are expected to hear final
arguments and began deliberations on Wednesday. External link: http://www.nctimes.com/articles/2009/04/03/military/zc27cb0ccbec4708a8825758d0059dd54.txt No job with Riverside police
for former Marine on Iraq detainee killings case By Sonja Bjelland Riverside Press-Enterprise April 3, 2009 Former Riverside police
Officer Jose Luis Nazario Jr., acquitted in August of killing detainees while
serving as a Marine in Iraq, will not be returning to the force. "He's no longer a
candidate for employment," said Police Chief Russ Leach on Friday. Leach said he could not
discuss why because it is a personnel matter. Nazario was the first
veteran ever tried while a civilian for his actions in combat. The former
Marine sergeant was accused of killing two insurgents and ordering two squad
mates to each kill an insurgent who were found in a house during a raid on
Fallujah, Iraq, in November 2004. He was tried in federal
court because he had left the Marine Corps before charges were filed. Nazario was a probationary
officer with the Riverside Police Department at the time he was arrested and
was later fired. His attorney, Kevin
McDermott, said local law enforcement agencies have refused to hire Nazario
because the Iraq allegations could be an issue if he is involved in a
contested shooting. McDermott and Nazario were
back in court this week, this time at a court martial at Camp Pendleton. Proceedings are under way
against Sgt. Ryan Weemer, who was a member of Nazario's squad in Iraq.
Nazario was subpoenaed to testify but refused to do so when called into court
about 7:30 p.m. Thursday. Weemer and fellow squad
member Sgt. Jermaine Nelson both refused to testify against Nazario in the
federal case and spent time in jail as a result. That meant a recorded
confession by Weemer could not be played for Nazario's jury. Nelson's court martial is
scheduled for later this month. The military judge does not
have the jurisdiction to hold Nazario in contempt but could refer such a case
to the U.S. attorney's office. Nazario, who grew up in New
York City, is now living with friends in Riverside and plans to work on his
associate's degree, McDermott said. External link: http://www.pe.com/localnews/inland/stories/PE_News_Local_S_nazario04.3cf296d.html |