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The War Profiteers - War Crimes,
Kidnappings & Torture |
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April 9th,
2009 - Marine Acquitted of Murder in Iraq Slaying News article from the Associated
Press News article from Agence
France Presse News article from the Los
Angeles Times |
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Marine Acquitted
of Murder in Iraq Slaying By Elliot Spagat Associated Press April 9, 2009 Camp Pendleton, Calif. - A
military jury has acquitted an Illinois Marine sergeant on charges of
murdering an unarmed detainee during battle in Fallujah, Iraq. The jury of eight Marines
who served in Iraq or Afghanistan also acquitted Sgt. Ryan Weemer on Thursday
of dereliction of duty in the November 2004 death. Weemer could have faced a
maximum sentence of life in prison and dishonorable discharge if convicted of
murder. The maximum sentence for dereliction is six months in prison and a
bad conduct discharge. The defense argued during
closing arguments that the 26-year-old Weemer acted in self-defense. A prosecutor recounted that
Weemer said in recorded interviews that he shot the man and told a squadmate
that he would have to live with that for the rest of his life. Copyright © 2009 The
Associated Press. External link: http://www.google.com/hostednews/ap/article/ALeqM5gJBGkERPk8ZiV1rYMiNrLa2yvSpgD97F2PV80 Marine
acquitted of murdering Iraqi detainee From Agence France Presse April 9, 2009 Los Angeles - A US Marine
sergeant accused of murdering an unarmed Iraqi detainee during fierce
fighting in Fallujah five years ago was found not guilty Thursday at a court
martial in California. Prosecutors at the Marines
Camp Pendleton base just outside San Diego had alleged Ryan Weemer, 26, shot
dead an unidentified prisoner during a house-clearing operation in November
2004. The case came to light in
2006 when Weemer told a US Secret Service agent during a job interview he had
been involved in an unlawful killing in Iraq. The admission triggered an
investigation which led to charges against three Marines - Weemer, squad
leader Jose Nazario and sergeant Jermaine Nelson. Nazario, who had left the
Marines by the time charges were brought, was cleared by a civilian jury last
year. Nelson is awaiting a court martial. Although he had allegedly
confessed to an unlawful killing during the Secret Service job interview,
Weemer's defense alleged at his trial the killing arose from a "life and
death struggle" after the prisoner lunged for a weapon. Prosecutor Captain Nicholas
Gannon decried Weemer's defense argument as "preposterous," noting
the soldier had made no reference to a struggle in interviews with the Secret
Service and Naval Criminal Investigative Service. However Weemer's defense
lawyer Paul Hackett told the eight-member jury of officers that Weemer had
been "manipulated" during the NCIS interview and that the death
occurred during the "fog of war." Copyright © 2009 AFP. External link: http://www.google.com/hostednews/afp/article/ALeqM5hvB8wnJf1Zp3lEhxLgblOzgR0U6A Marine
acquitted in slaying of Iraqi prisoner By Tony Perry Los Angeles Times April 9, 2009 Marine Sgt. Ryan Weemer was
acquitted today of all charges linked to the killing of an Iraqi prisoner
during a 2004 battle in Fallouja. At Camp Pendleton, the jury
of eight officers deliberated for seven hours over two days before announcing
its decision. Weemer's sister, mother and attorney broke down in tears when
the verdict was read. Weemer stood straight, but his eyes began tearing. Weemer, 26, was charged with
killing a prisoner on the first day of the U.S. assault on insurgent
strongholds. His squad, like many others, had been ordered to
"clear" houses of insurgents, many of whom were barricaded and
heavily armed. Even before the sweep could
begin, Weemer's best friend, Lance Cpl. Juan Segura, was fatally wounded by a
sniper. In a 90-minute interview with a Naval Criminal Investigative Service
agent in 2006, Weemer told of being covered with Segura's blood when his
squad burst into a home and found four "military-age" males and
several weapons. A superior, informed about
the prisoners, asked over the radio "Are they dead yet?" according
to Weemer's statement. Weemer said he initially resisted an order from his
squad leader, Sgt. Jose Nazario, that
he help in killing the four so that the Marines could continue to the next
house. But he said he relented
because Nazario was a superior. In his interview with the Naval Criminal
Investigative Service agent, Weemer said he shot the insurgent twice in the
chest and instantly felt remorseful. No mention was made of self-defense in
that interview. But two of his former squad
members, called by Weemer's defense attorney, testified that soon after the
killing, Weemer told them he shot the prisoner because he had lunged for his
gun. The incident would probably never have come to the attention of military
brass except for Weemer's job interview with the Secret Service in 2006 when
he was working at Starbucks in Missouri. The Secret Service interview
led to an investigation by the Naval Criminal Investigative Service and then
criminal charges. Nazario was acquitted in federal court in Riverside in
August of killing two of the prisoners and ordering the killing of the other
two. Civilian jurors said they
felt it was improper for them to be asked to judge an action taken in combat.
Nazario had left the Marine Corps and could not be tried by court-martial.
Sgt. Jermaine Nelson also was charged
in the case. Nelson has confessed to
killing an insurgent. Weemer's lead defense attorney, Paul Hackett, argued
that his client was caught in a chaotic day and given a direct order by a
superior. But the lead prosecutor,
Capt. Nicholas Gannon, noted that other Marines, also part of the assault,
followed their orders to treat prisoners humanely even if it meant leaving
the battlefield to take them to a makeshift jail. Hundreds of prisoners were
taken during the opening of the assault, Gannon noted. External link: http://latimesblogs.latimes.com/lanow/2009/04/marine-trial.html Marine acquitted on all
counts Jury clears Sgt. Ryan Weemer in POW shooting By Mark Walker North County Times April 9, 2009 Camp Pendleton - A military
jury on Thursday acquitted Marine Sgt. Ryan Weemer in the killing of an
unarmed Iraqi insurgent during a fierce fight for the city of Fallujah in
2004. "It's been a long, hard
year," Weemer said shortly after the verdict was read. "It was
rough over there. Dealing with that is a lifelong process, I believe, and
being questioned about it is really hard. It brings stuff back up." Weemer said his jury of
eight officers made the right decision and he maintained that what he did was
not a crime. "I was justified in
what I did over there," the 26-year-old Illinois native said. The verdict came after much
testimony about the fog of war and the moral and ethical uncertainties that
often arise during combat, particularly in the fierce combat experienced in
Fallujah. Weemer was charged last year
with unpremeditated murder and dereliction of duty. Prosecutors alleged that
as a corporal, he killed one of four captive insurgents slain inside a
Fallujah home on Nov. 9, 2004. While Weemer had told two of
his squadmates he killed the man in self-defense, he never raised that
defense in two interviews with investigators in 2006. The outcome of the trial was
another blow for Camp Pendleton prosecutors, who have had trouble convicting
troops accused of wrongdoing in war. The verdict also raises the question of
whether the Marine Corps will drop its prosecution of another man charged in
the incident. Gary Solis, a former Marine
Corps judge and a military law expert, said Weemer's acquittal follows a
familiar pattern. "What you appear to
have had here was a sympathetic military jury unwilling to find a young man
guilty for something that happened in combat," Solis said. "You
have to consider the circumstances in which the alleged act occurred and this
jury undoubtedly did that." When the not guilty verdict
was read after about six hours of deliberation, Weemer hugged his attorney,
Paul Hackett, who broke into tears. Weemer's wife, sister and
high school English teacher, who attended each day of the trial that started
March 30, also cried. Weemer said the toughest
part of the trial was reliving the killing of his best friend, Lance Cpl.
Juan Segura, who was shot by a sniper shortly before the incident that led to
his being charged. Prosecutors suggested Weemer shot the captive insurgent in
retaliation for Segura's killing. Weemer had told
investigators that he had tried to save Segura's life and spent the next five
days in Fallujah with much of his uniform covered in Segura's blood and
"matted with flies." Hackett had urged the panel
of eight combat-experienced officers to acquit his client, arguing the slain
man had lunged for Weemer's gun causing him to shoot in self-defense. After talking with the
jurors, Hackett said they were convinced the men slain inside the home were
insurgents. "Make no mistake, these
people in that house were dirty, son-of-a-bitch insurgents with one thought
on their minds - to kill Marines," Hackett told reporters. "They
got what they deserved and if Americans don't like that, tough luck." Prosecutors said Weemer
admitted in taped interviews with investigators that he shot the man and told
a squadmate that he would "have to live with that for the rest of my
life." The incident emerged when
Weemer told a Secret Service job interviewer about the killings that took
place in the opening hours of the fight for Fallujah. Two other men from Weemer's
3rd Battalion, 1st Marine Regiment Kilo Company squad also were charged with
taking part in the slayings. One, Weemer's squad leader former Sgt. Jose
Nazario Jr., was tried and acquitted on two counts of manslaughter. The third suspect, Sgt.
Jermaine Nelson, is scheduled for trial on charges of unpremeditated murder
and dereliction of duty later this year. Weemer was wounded four days
after the incident. A storied Marine wounded the same day as Weemer, Navy
Cross recipient and Marine Corps legend Sgt. Maj. Brad Kasal, testified about
the ferocity of the fight in Fallujah and praised Weemer's skills and
dedication. The government's failure to
win a conviction on murder or lesser offenses is the latest in a string of
such defeats. Seven of eight Camp
Pendleton men charged with wrongdoing in the slaying of 24 Iraqi civilians in
the city of Haditha have been exonerated. In other cases at Camp
Pendleton involving unlawful killings in Iraq, military juries have found
guilt, but allowed defendants to walk free. Nazario and Nelson's refusal
to testify against him, despite court orders they do so, also may have been a
factor, Solis said. Bing West, a former Marine
Corps infantry officer and author of a book that chronicled Weemer's unit at
Fallujah, said he was pleased with the verdict. "Those Marines fought
bravely and it is their valor that should be remembered," he said. Weemer said he hopes to
return to college, get his degree and perhaps re-enter the Marine Corps as an
officer. That would be a just
outcome, Hackett said. "He's a great Marine
and I think he is the type of Marine the Marine Corps should cherish,
nurture, develop and maintain. He's the type of guy the Marine Corps is built
on." External link: http://www.northcountytimes.com/articles/2009/04/09/military/z4fabcc0761ce2b2c88257593005dcd7e.txt |