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Jury acquits former Marine in killing of Iraqis (NAZARIO!!)
Tampa Bay Online | Aug 28, 6:34 PM EDT | By CHELSEA J. CARTER

Posted on 08/28/2008 3:50:40 PM PDT by RaceBannon

RIVERSIDE, Calif. - A former Marine accused of killing unarmed Iraqi detainees was acquitted of voluntary manslaughter Thursday in a first-of-its-kind federal trial.

The jury took six hours to find Jose Luis Nazario Jr. not guilty of charges that he killed or caused others to kill four unarmed detainees on Nov. 9, 2004, in Fallujah, Iraq, during some of the fiercest fighting of the war.

The verdict left the 28-year-old defendant in tears. He cried so loud that the judge smacked his gavel to call for order. Nazario's family and friends also sobbed in the courtroom.

"It's been a long, hard year for my family," Nazario said outside the courtroom. "I need a moment to catch my breath and try to get my life back together."

Thursday's verdict marks the first time a civilian jury has determined whether the alleged actions of a former military service member in combat violated the law of war.

One of the jurors, Ingrid Wicken, hugged Nazario's sobbing mother, Sandra Montanez, without speaking after the verdict was read. "I watched her all week. She was being tortured every day," Wicken said later.

Wicken said the panel acquitted Nazario because there was not enough evidence against him.

"I think you don't know what goes on in combat until you are in combat," she said.

Nazario's attorney, Kevin McDermott, said he believes the verdict will curb faulty filings.

"I don't think they are going to put on a case in the future with a lack of evidence," McDermott said.

(snip)


TOPICS: Breaking News; Foreign Affairs; News/Current Events
KEYWORDS: corrupt; fallujah; iraq; islam; jag; marines; mohammedanism; nazario; notbreaking
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POSTED AS BREAKING NEWS AP/NATIONAL, CANNOT POST AP MATERIAL
1 posted on 08/28/2008 3:50:41 PM PDT by RaceBannon
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To: freema

Good News!


2 posted on 08/28/2008 3:51:05 PM PDT by RaceBannon (Innocent until proven guilty; The Pendleton 8: We are not going down without a fight)
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To: RaceBannon

FROM THE BBC

US jury acquits US ex-marine

Two marines refused to testify against Mr Nazario
In a landmark trial, a US federal jury has cleared a former marine sergeant of the deaths of Iraqi detainees.

The trial of Jose Luis Nazario is the first time a civilian jury has decided on the alleged crimes of a former US soldier while he was on active duty.

Mr Nazario, 28, was charged with voluntary manslaughter and assault over the deaths of four unarmed Iraqis in 2004 during the battle for Falluja.

The California trial used a law passed to prosecute civilian contractors.

‘No evidence’

Several marines had alleged that Mr Nazario shot dead two Iraqi men who had been detained while his squad searched a house in the city of Falluja.

He is alleged to have ordered two other marines to shoot two other unarmed prisoners.

But the prosecution’s case fell apart when two marines refused to testify. Marines Jermaine Nelson and Ryan Weemer were found in contempt of court.

The jury took six hours to decide that Mr Nazario was not guilty.

His lawyer, Kevin McDermott, had told the jury that they could not convict Mr Nazario for an alleged crime in which there were no bodies, no identities for the alleged victims and no forensic evidence of any deaths.

Mr Nazario, who left the US Marine Corps in 2006, had faced up to 10 years in jail if found guilty of all the charges against him.

Two active service marines allegedly involved in the same incident face courts martial later this year.

http://news.bbc.co.uk/2/hi/americas/7587177.stm


3 posted on 08/28/2008 3:53:05 PM PDT by RaceBannon (Innocent until proven guilty; The Pendleton 8: We are not going down without a fight)
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To: RaceBannon

The AP ban was lifted by JimRob, I think. Post away!


4 posted on 08/28/2008 3:53:25 PM PDT by Old Sarge (CTHULHU '08 - I won't settle for a lesser evil any longer!)
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To: RaceBannon

I hope this is the straw that breaks Murtha’s butt.


5 posted on 08/28/2008 3:53:28 PM PDT by Glenn (Free Venezuela!)
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To: RaceBannon; stowaway; jjm2111; Mrs.LoneGOPinCT; underbyte; badbackman; Bigfitz; mcswan; ...

Great News, updates from BBC at post 4


6 posted on 08/28/2008 3:54:00 PM PDT by RaceBannon (Innocent until proven guilty; The Pendleton 8: We are not going down without a fight)
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To: RaceBannon

Do you have a link for this?


7 posted on 08/28/2008 3:54:16 PM PDT by Admin Moderator
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To: Admin Moderator

post 3, the auto post function told me I couldn’t post AP, so I added a link to a BBC site with the info andf a link


8 posted on 08/28/2008 3:55:28 PM PDT by RaceBannon (Innocent until proven guilty; The Pendleton 8: We are not going down without a fight)
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To: All

That, my friends, was done typing in the dark.


9 posted on 08/28/2008 4:00:28 PM PDT by Admin Moderator
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To: All

Amen


10 posted on 08/28/2008 4:01:51 PM PDT by mouse1
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To: RaceBannon
Ex-Marine decries prosecution in civilian court

"..The case came to light in 2006, when Nazario's former squadmate, Sgt. Ryan Weemer, volunteered details to a U.S. Secret Service job interviewer during a lie-detector screening that included a question about the most serious crime he ever committed. Weemer was ordered this month to stand trial in military court on charges of unpremeditated murder and dereliction of duty in the killing of an unarmed detainee in Fallujah. He has pleaded not guilty.

According to a Naval Criminal Investigative Service criminal complaint, several Marines allege Nazario shot two Iraqi men who had been detained while his squad searched a house. The complaint claims four Iraqi men were killed during the action. .."

This is how it got started.

11 posted on 08/28/2008 4:04:01 PM PDT by Anti-Bubba182
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To: RaceBannon

Semper Fi!


12 posted on 08/28/2008 4:04:03 PM PDT by oh8eleven (RVN '67-'68)
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To: RaceBannon

GOOD NEWS!!! But still on its face, this form of trial was a travesty of justice. Jury of your peers anyone?


13 posted on 08/28/2008 4:05:28 PM PDT by xkaydet65 (Freedom is purchased not with gold, but with steel.)
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To: RaceBannon
Good News!

And a wise jury.

14 posted on 08/28/2008 4:06:29 PM PDT by Navy Patriot (John McCain, the Manchurian Candidate.)
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To: Admin Moderator
Then turn on some lights. ;) See how handy an engineer is?

/johnny

15 posted on 08/28/2008 4:07:31 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: Admin Moderator

Thank you.


16 posted on 08/28/2008 4:08:06 PM PDT by trooprally (Never Give Up - Never Give In - Remember Our Troops)
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To: RaceBannon; RedRover; jazusamo; xzins; Girlene; freema; darrylsharratt; Shelayne; Lancey Howard; ...

Two more coverages on Nazario; Yahoo and BBC above.


17 posted on 08/28/2008 4:11:53 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
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To: RaceBannon

:)


18 posted on 08/28/2008 4:12:24 PM PDT by happinesswithoutpeace (You are receiving this broadcast as a dream)
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To: RaceBannon
Good.

So far, our feckless Feds have failed to get a single conviction and have succeeded only in achieving a further reduction in public confidence.

What a gaggle of losers.

19 posted on 08/28/2008 4:14:47 PM PDT by Czar ((Still Fed Up to the Teeth with Washington))
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To: RaceBannon

Just heard the great news! And it only took a short time to come to that conclusion too! Congratulations to Sgt. Nazario and his team!


20 posted on 08/28/2008 4:17:28 PM PDT by oneamericanvoice (Support freedom! Support the troops! Surrender is not an option!)
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To: RaceBannon

Hoorah.


21 posted on 08/28/2008 4:21:45 PM PDT by combat_boots (She lives! 22 weeks, 9.5 inches. Go, baby, go!)
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To: RaceBannon

>”I think you don’t know what goes on in combat until you are in combat,” she said.<

I don’t know where she got that opinion from but I hope that I had something to do with it.


22 posted on 08/28/2008 4:22:26 PM PDT by B4Ranch ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you"--John Steinbeck)
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To: RedRover; brityank; RaceBannon

Hooraaah.......


23 posted on 08/28/2008 4:23:42 PM PDT by B4Ranch ("Don't pick a fight with an old man. If he is too old to fight, he'll just kill you"--John Steinbeck)
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To: B4Ranch

Indeed...great news.


24 posted on 08/28/2008 4:32:37 PM PDT by My Favorite Headache (Peace Sucks. It means that somewhere there are terrorists that no one is shooting at.)
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To: My Favorite Headache

Thank you Michael Savage and Savage listeners all over!


25 posted on 08/28/2008 4:39:19 PM PDT by Blue Turtle (I)
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To: brityank
His lawyer, Kevin McDermott, had told the jury that they could not convict Mr Nazario for an alleged crime in which there were no bodies, no identities for the alleged victims and no forensic evidence of any deaths.

How this ever made it to trial in the first place is bewildering to me! Thanks, Brit, for the ping. I gave my first big WOO HOO on Red's thread. Here's another:

WOO HOO!

26 posted on 08/28/2008 4:41:35 PM PDT by Shelayne (Tagline still laughing at Obama bin Biden....)
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To: RaceBannon

Obama would want him retried. Obama despises our military.


27 posted on 08/28/2008 4:42:50 PM PDT by pleikumud
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To: RaceBannon

Thank you jury!! You are true Americans!


28 posted on 08/28/2008 4:43:41 PM PDT by Republican Die Hard (Smoke & Mirrors Baby)
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To: RaceBannon
Will Cong “Mullah-Omar” Murtha apologize? Doubt it.
29 posted on 08/28/2008 4:46:46 PM PDT by SandRat (Duty, Honor, Country! What else needs said?)
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To: RaceBannon

30 posted on 08/28/2008 4:47:04 PM PDT by Lady Jag (The trouble isn't that there are too many fools, but that the lightning isn't distributed right)
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To: B4Ranch
I will back the woman up, I was shot at a few times on a couple of tours in VN, the rule is six feet on either side is the maximum accurate reporting radii.
31 posted on 08/28/2008 4:56:59 PM PDT by Little Bill
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To: xzins; jude24; enat

Praise the Lord.


32 posted on 08/28/2008 4:57:02 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: xkaydet65

No kidding.

This is good news, but this illegal trial should have never taken place.


33 posted on 08/28/2008 4:59:27 PM PDT by 2111USMC
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To: RaceBannon

I hope none of the fine people serving this country are killed or injured because they hesitated to defend themselves on account of persecutions like this!

F*** murtha.


34 posted on 08/28/2008 4:59:58 PM PDT by HankArcher ("When freedom expands to mean freedom of instinct and social destruction, then freedom is dead")
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To: RaceBannon
Devil Dogs!

Hoo Rah!

The Jurors were real Americans!

Obviously there are still some left in California!

Thank you God. The lefty liberal prosecutors deserve the loss.

Maybe they will think twice next time before conducting a political trial against a US Marine!

35 posted on 08/28/2008 5:11:05 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing, (Ridicule Obama))
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To: RaceBannon; Jarhead2844; USMCWriter; 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; ...

I am very moved by the jurors.


36 posted on 08/28/2008 5:15:20 PM PDT by freema (MarineNiece,Daughter,Wife,Friend,Sister,Friend,Aunt,Friend,Mother,Friend,Cousin, FRiend)
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To: Anti-Bubba182

The polygrapher was doing his or her job in reporting the allegations of murder/manslaughter, however the investigation should have gone through NCIS, not the civilian court system. The judge should have dismissed the case due to a lack of standing on the part of the prosecution.


37 posted on 08/28/2008 5:25:55 PM PDT by jz638
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To: RaceBannon; freema

EXCELLENT NEWS!

Semper Fi,
Kelly


38 posted on 08/28/2008 5:33:37 PM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: RaceBannon

This Crap Act was designed by the Communists to deplete the ranks of our military. It’s going to work if we don’t do something about. This whole fiasco is a disgrace. Americans should be ashamed of themselves for allowing it to happen. Nazario should be allowed to sue every one of the shyter “lawyers” who tried to get away with pulling this crap.


39 posted on 08/28/2008 5:33:58 PM PDT by FlingWingFlyer (A History and Science Minute.- "Climate change" has been going on for millions of years!)
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To: RaceBannon
The prosecuting attorney and his boss should be relieved of their duties.

A$$holes...

Yay!

Great news!

40 posted on 08/28/2008 5:45:36 PM PDT by andyandval
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To: RaceBannon; jveritas; NormsRevenge; Grampa Dave; SierraWasp; blam; SunkenCiv; Marine_Uncle; ...

Excellent News...ping!


41 posted on 08/28/2008 5:51:02 PM PDT by Ernest_at_the_Beach (No Burkas for my Grandaughters!)
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To: Ernest_at_the_Beach

Good news!


42 posted on 08/28/2008 5:57:20 PM PDT by Jet Jaguar (Obama: The presumptuous democratic nominee)
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To: RaceBannon

“I think you don’t know what goes on in combat until you are in combat,” she said.”

Amen Lady. Amen.


43 posted on 08/28/2008 5:58:20 PM PDT by headstamp 2 (Been here before)
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To: Glenn

I always had in mind a more robust and lavish object to place in that location.


44 posted on 08/28/2008 5:58:32 PM PDT by Retain Mike
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To: RaceBannon

Thank God that there are STILL jurors with good sense!

God bless the Marines and these prosecutors can go to hell!


45 posted on 08/28/2008 6:00:52 PM PDT by Mr. Jazzy (The United States Marines. The finest and most feared fighting force in the history of mankind.)
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To: Ernest_at_the_Beach
WoooHooo, this is the best news ever, Ernest!! Wonderful.

I am just so exceedingly sorry this young man had to go through this at all.

46 posted on 08/28/2008 6:10:51 PM PDT by singfreedom (Obama's solution to the energy crisis: check the air in your tires! Why didn't we think of that?)
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To: RaceBannon

As soon as this news came out, Jack Murtha raced to the nearest microphone to apologize for his baseless charges.

What was that?

He didn’t???

Oh. Never mind.


47 posted on 08/28/2008 6:15:26 PM PDT by Purrcival (Go, PUMA, GO! Your job isn't over yet! You may think it is, but it's not.)
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To: P-Marlowe; jude24; RedRover; usafrjag

Praise the Lord! Exactly!

I keep asking myself why this wasn’t seen as a frivolous prosecution with no hope of a conviction.

Do judges determine beforehand or afterwards if a prosecution is frivolous? Does someone have to complain before it’s even considered?

How do they give Nazario his life back?


48 posted on 08/28/2008 6:19:53 PM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: RaceBannon

Of course good news..but why on earth we are indicting our heroes is beyond me.

We play by the rules but the other side doesn’t have to???...this is not a war...it’s a joke and ridiculous...ultimately self defeating.


49 posted on 08/28/2008 6:21:08 PM PDT by eleni121 (EN TOUTO NIKA!! +)
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To: RaceBannon
As a former Riverside resident, I am proud that my fellow citizens there did the right thing.

Bless you Nazario and thank you for your service.

Now, on to the next aquittal, or hopefully, dropped charges.

50 posted on 08/28/2008 6:21:32 PM PDT by happygrl
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