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February 18th, 2009 - Court-Martial Delayed in Fallujah Killings

News article from North County Times

Summary of the Falluja Killings

Court-Martial Delayed in Fallujah Killings

 

By Teri Figueroa

North County Times

February 18, 2009

 

Camp Pendleton - A military judge on Wednesday delayed the start of a court-martial for a Marine accused of killing enemy prisoners to give the defense a chance to get the same high-quality expert assistance to which prosecutors have had access.

 

Jury selection was supposed to begin Tuesday in the court-martial of Sgt. Jermaine Nelson, who has pleaded not guilty to charges of unpremeditated murder and dereliction of duty.

 

Prosecutors say he and two other Marines executed four men they captured during fierce house-to-house fighting in Fallujah, Iraq, in November 2004. One of the Marines has been acquitted; the trial for the third Marine starts next month.

 

It is unclear when Nelson's trial will begin. In deciding Wednesday to postpone the trial, the judge, Lt. Col. Jeffery Meeks, did not set a new date.

 

The proceedings hit a snag Tuesday during a pretrial dispute over the doctors tapped to be expert witnesses in the case.

 

Psychiatrist testimony and consultation go 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 prisoner.

 

In military court, the government provides for both the prosecution and defense.

 

But Nelson's attorneys argued prosecutors handed them a doctor with marginal qualifications to discuss PTSD and later snagged an internationally renown expert to be on their side.

 

External link: http://www.nctimes.com/articles/2009/02/18/military/z0e2223850cdfdc17882575620013bbdb.txt

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