|
The War Profiteers - War Crimes,
Kidnappings & Torture |
|
February 17th,
2009 - Pretrial Issues Delay Start of Trial in Fallujah Deaths |
|
Pretrial Issues
Delay Start of Trial in Fallujah Deaths Sgt. Jermaine Nelson accused of murder, dereliction of duty By Teri Figueroa North County Times February 17, 2009 Camp Pendleton - Start of a
court-martial for a Marine accused of executing unarmed detainees in Iraq in
late 2004 was held up Tuesday as the judge and attorneys wrangled over a
pretrial issue that threatens to postpone the trial. The defendant, Marine Sgt.
Jermaine Nelson, sat stonefaced during the marathon session that wrapped up
with a dozen more pretrial issues still unresolved. The big issue that could set
the trial back: expert witnesses, which, in military court, are provided for
both the prosecution and defense. Nelson's attorneys argue that prosecutors
pulled a bait and switch, and ended up snatching a high-calibre expert while
the defense was handed one who was far less qualified. The judge in the case, Lt.
Col. Jeffrey Meeks, will decide Wednesday morning if what he called "an
apparent discrepancy" in the qualifications of the witnesses will lead
him to postpone Nelson's trial. Nelson is charged with
unpremeditated murder for allegedly shooting one of four unarmed captives
taken during fierce house-to-house fighting during a massive offensive on the
Iraqi city of Fallujah. The 27-year-old Nelson, who has pleaded not guilty,
faces up to life in prison if convicted of murder. Nelson's attorneys argue
that the allocation of government-provided expert witnesses was lopsided,
leaving the defense with a psychiatrist far less qualified on the issue of
post-traumatic stress disorders than the doctor who prosecutors wanted to
use. Months ago, the government
rejected the specific forensic psychiatrist the defense wanted to use,
instead assigning to Nelson's attorneys a doctor with far less experience. At
the time, Meeks said that was OK because prosecutors would not be using a
psychiatrist as a consultant or witness in their case. But that changed less than
two weeks ago, when government prosecutors tapped an internationally renowned
doctor to use as a consultant. Nelson's defense attorneys took their
frustrations to the judge. "They went out and got
the best they could find to help them," defense attorney Phil Simmons, a
retired lieutenant colonel, told Meeks. "It ain't right. We don't
believe it's fair." Psychiatrist testimony and
consultation goes to the core of the case, because Nelson's defense includes
an argument that he was suffering from post-traumatic stress disorder when
his squad leader allegedly ordered him to kill the detainee. On the stand Tuesday
evening, even Nelson's expert doctor conceded that he was not as qualified as
the prosecution's expert. Nelson is one of three
then-Camp Pendleton Marines accused of killing four detainees in the
incident. Former Marine Jose Nazario, Nelson's squad leader and the man who
allegedly ordered the slayings, was acquitted last summer. Trial for a third
man, Sgt. Ryan Weemer, is set to start at the end of March. External link: http://www.nctimes.com/articles/2009/02/17/military/z390bfa8de6f20f8188257560006c56d3.txt |