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Second Fallujah trial postponed [Good news for Sgt Nelson and a happy New Year to all]
North County Times ^ | December 30, 2008 | MARK WALKER

Posted on 12/31/2008 3:44:25 PM PST by RedRover

CAMP PENDLETON ---- The Monday start of a trial for the second of three men accused of killing four unarmed captives during a 2004 battle in Iraq has been delayed.

Sgt. Jermaine Nelson was scheduled to go on trial in a base courtroom on a charge of unpremeditated murder for allegedly shooting one of the captives. No bodies were ever found in a case built almost exclusively on an admission from one of the defendants.

Nelson also is charged with three counts of dereliction of duty for failing to follow the rules of engagement, the laws of war and the proper handling of detainees.

He has pleaded not guilty.

His trial before a jury of officers and enlisted men was delayed as a result of a ruling Tuesday by the military judge presiding over the trial, Lt. Col. Jeffrey Meeks.

Nelson's attorney Joseph Low was successful in getting Meeks to approve the appointment of an expert witness for the defense who will review forensic data collected by investigators from the home where the slayings are said to have occurred.

Authorities allege that Nelson and two other Marines from Camp Pendleton killed the captives inside a Fallujah home during the opening hours of a major battle for that city on Nov. 9, 2004.

Nelson's squad leader at the time of the incident, former Marine Sgt. Jose L. Nazario Jr., was tried in U.S. District Court in August for causing the four deaths and acquitted by a civilian jury whose members later said they did not believe they should be second-guessing actions on the battlefield.

Nazario was tried in civilian court because he was out of the Marine Corps and not subject to recall. He was the first man to be tried under a 2002 law that allows for federal court prosecutions of former members of the military.

During Tuesday's hearing, Meeks ruled that a portion of a statement Nelson made to investigators in March 2006 will be admitted at trial, as will statements he made in March and August 2007.

Prosecutors are expected to subpoena Nazario to appear at Nelson's trial.

During Nazario's trial, Nelson and the third man charged in the case, Sgt. Ryan Weemer, were subpoenaed by the government but refused to testify. That resulted in contempt of court citations against each that were dismissed after Nazario was acquitted.

Weemer is the man whose statements that he was aware of "unlawful" killings during a 2006 job interview with the Secret Service led to the charges filed against the three men from Camp Pendleton's 3rd Battalion, 1st Marine Regiment.

Weemer, who also has pleaded not guilty, is expected to go on trial after Nelson. The two men remain on light duty at Camp Pendleton while awaiting trial.


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: defendourmarines; fallujah; jermainenelson; nelson
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Sgt Nelson's lawyer, Joseph Low, visited the scene of the alleged crime back in October (see the story here). Bringing in an expert witness to review the evidence and testify sounds like a good move--especially since the evidence is scant to nonexistent.

In other cases...

Both LtCol Chessani and SSgt Wuterich may finally see the inside of a courtroom in 2009. Or not. It's possible that both cases will end up being dismissed though that may be too much to hope for.

Evan Vela and Ray Girouard, both currently in Levenworth, are currently seeking pardons/clemency. You can keep track of the latest on the Vela case HERE at least until Fred posts a new thread.

Left: Prison photo of Ray Girouard, Levenworth, December 2008 (click to enlarge)

1 posted on 12/31/2008 3:44:25 PM PST by RedRover
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To: RedRover

Was gonna wait for a ping.Gotta love those pings.

Wish these prosecutors or the puppet masters pulling their strings would just cancel the show.


2 posted on 12/31/2008 4:05:38 PM PST by bigheadfred (FREE EVAN VELA, freeevanvela.com)
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To: RedRover; bigheadfred

Thanks for posting this and the other updates, Red.

Happy New Year to all!


3 posted on 12/31/2008 4:35:23 PM PST by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...
HAPPY NEW YEAR!!!!!!!!!
It's going to be a great one, and that's no joke!


4 posted on 12/31/2008 4:38:56 PM PST by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

That’s good news:)Happy New Year.


5 posted on 12/31/2008 4:44:55 PM PST by fatima
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To: bigheadfred

Hey, Fred! I’m getting slow on the draw.

All the best to you and yours in 2009.


6 posted on 12/31/2008 4:45:16 PM PST by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: fatima

Happy New Year, to you and yours, fatima! It’s gonna be fine in 2009!


7 posted on 12/31/2008 4:51:14 PM PST by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

An acquittal or dropped charges would be nice for the new year.


8 posted on 12/31/2008 5:12:29 PM PST by dynachrome (Barack Hussein Obama yunikku khinaaziir)
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To: dynachrome

Murtha apologizing to the Marines would be especially nice


9 posted on 12/31/2008 5:26:33 PM PST by Kaslin
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To: RedRover; nahanrac

Goodbye to 2008!!!! So long...see ya. No more time in 2009!!! (Pardon chant)


10 posted on 12/31/2008 5:31:43 PM PST by lilycicero (Girourad must workout, he looks beefy.......)
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To: Kaslin

Since Mr. Murtha will not apologize until the day he dies, I’ll be happy if he just drops dead.


11 posted on 12/31/2008 5:47:06 PM PST by 17th Miss Regt
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To: RedRover; Lancey Howard; Girlene; P-Marlowe; brityank; lilycicero; jazusamo; pissant; jude24

As always, I believe the Nelson/Weemer/Nazario case has all of the evidence best explained by battlefied narrative building...a narrative that has lots of pieces of testosterone, fable, and truth combined in an mess that is impossible to disentangle.

So far as all of these speciously charged Marines and Soldiers (see this Lancey - I get extra credit :>), as well as border agents, Pres. Bush should pardon them. If he doesn’t, I’d be beholden to the incoming President if he would, but I have no reason for thinking that would happen, other than Carter’s Amnesty as a precedent.

That doesn’t mean I’d agree politically with the guy, but I’d like to see some of this put to rest.


12 posted on 12/31/2008 5:50:48 PM PST by xzins (Retired Army Chaplain, Pro Deo et Patria)
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To: lilycicero; RedRover; nahanrac; Girlene
Why say it when you can wear it?

Photobucket

13 posted on 12/31/2008 6:07:42 PM PST by bigheadfred (FREE EVAN VELA, freeevanvela.com)
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To: bigheadfred

Mad in the USA! heheh


14 posted on 12/31/2008 6:19:59 PM PST by lilycicero
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To: lilycicero

I would have put Mad in Idaho. But then I think people would have missed the point. I’m probably TWICE as crazy as they think we is.


15 posted on 12/31/2008 6:35:57 PM PST by bigheadfred (Patsy Cline lives in my head)
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To: RedRover; 4woodenboats
His [Sgt Nelson's] trial before a jury of officers and enlisted men was delayed as a result of a ruling Tuesday by the military judge presiding over the trial, Lt. Col. Jeffrey Meeks.

Nelson's attorney Joseph Low was successful in getting Meeks to approve the appointment of an expert witness for the defense who will review forensic data collected by investigators from the home where the slayings are said to have occurred.


Excellent news, Red. I am reminded of a point 4wb made in this thread about Nazario's trial. From Nazario Trial, Day Four: War or Murder?

4wb wrote,

I think the point is, even though the prosecution - w/o the defense's knowledge until now - was allowed to visit the site of the alleged murders, their forensic team could find no evidence of anyone dying inside that house, or as that little clairvoiyant from the Poltergeist movie exclaimed, "This House Is Cleeeean"! So they took pictures of the house and left the forensics report exonerating these Marines locked up in the "no evidence cage".

I do not think there is any possibility Fox went to the house w/o a forensics team.


I think 4wb was onto the truth here especially since the owners of the house could find no evidence of killings when they returned. Sgt. Nelson's atty. Joseph Law now has the forensic expert to review any data the prosecution may or may not have. Very good news.
16 posted on 12/31/2008 7:28:37 PM PST by Girlene
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To: RedRover
Best wishes for a healthy and happy New Year to you and yours.
17 posted on 12/31/2008 7:38:16 PM PST by verity ("Lord, what fools we mortals be!")
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To: verity

And to you and yours, my friend!


18 posted on 12/31/2008 7:42:51 PM PST by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Whatcha doin?


19 posted on 12/31/2008 7:49:33 PM PST by lilycicero
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To: bigheadfred; lilycicero
You may be right. You may be crazy, but it just might be a lunatic we're looking for.


20 posted on 12/31/2008 7:51:38 PM PST by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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