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MILITARY: Last Fallujah Trial Starts Tuesday (Sgt. Jermaine Nelson)
North County Times / The Californian ^ | September 25, 2009 | North County Times

Posted on 09/25/2009 11:13:45 PM PDT by Lancey Howard

CAMP PENDLETON ---- The murder and dereliction of duty trial for the last of three defendants charged with killing an unarmed detainee during a 2004 battle for what was then the insurgent-held Iraqi city of Fallujah gets under way Tuesday in a base courtroom.

Sgt. Jermaine Nelson is accused of killing an unnamed detainee he and members of his Camp Pendleton squad captured in the opening hours of the battle that began on Nov. 9, 2004.

Two co-defendants, former Marine sergeants Ryan Weemer and Jose L. Nazario Jr., were acquitted in separate trials for the same alleged offense.

(snip)

Nazario, Weemer and Nelson have stood as one since being charged. Each has consistently refused to testify against the other, and each was jailed for a brief time for their recalcitrance.

(Excerpt) Read more at nctimes.com ...


TOPICS: Foreign Affairs; News/Current Events; War on Terror
KEYWORDS: fallujah; iraq; jermainenelson; marines; pendleton

1 posted on 09/25/2009 11:13:45 PM PDT by Lancey Howard
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To: RedRover; jazusamo; Girlene; 4woodenboats; Grimmy; xzins; smoothsailing; lilycicero; bigheadfred; ..

(( ping ))


2 posted on 09/25/2009 11:14:52 PM PDT by Lancey Howard
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To: Lancey Howard

We can put all our troops on trial for fighting back but our troops have no standing to demand the usurper prove he is eligble. The judicial system and this country are so corrupt.


3 posted on 09/25/2009 11:26:41 PM PDT by Frantzie (Do we want ACORN running America's healthcare?)
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To: Frantzie

Yes, the corruption is so thick in the air you can cut it with a chainsaw.
This nation and the vision of the founding fathers is dying. The election of the socialist scumbag Ubama is looking more and more like the death knell with each passing day.


4 posted on 09/25/2009 11:35:30 PM PDT by Lancey Howard
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To: Lancey Howard

Would you please add me to your ping list?


5 posted on 09/26/2009 12:13:39 AM PDT by amom
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To: Lancey Howard

pray for him


6 posted on 09/26/2009 12:41:15 AM PDT by dalebert
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To: amom
Would you please add me to your ping list?

I'd be delighted.

FRegards,
LH

7 posted on 09/26/2009 12:44:15 AM PDT by Lancey Howard
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To: Lancey Howard

I hope he wins and Rep. Murtha is chokes on a pork rib.


8 posted on 09/26/2009 12:44:23 AM PDT by Anti-Bubba182
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To: Lancey Howard

Excellent and thank you.


9 posted on 09/26/2009 12:59:33 AM PDT by amom
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To: Lancey Howard

“recalcitrance.” I call it honor.


10 posted on 09/26/2009 5:37:31 AM PDT by Bulldawg Fan (Victory is the last thing Murtha and his fellow Defeatists want.)
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To: Lancey Howard; RedRover
Thanks for the reminder, Lancey. Here's the list of preferred charges against Sgt. Nelson, USMC Charges. Note the key word in the charge of unpremeditated murder:

Specification: did murder an unknown detained person by means of shooting him with a loaded firearm.

Unknown.....not because they don't just not have a name, they have no body.....no complaining/grieving widow, mother, father, sister, nada.

Here's a few articles about various motion hearings that have occurred over the last 9 months:

Second Fallujah Trial Postponed

................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.................

Interesting to note that none of the "collected forensic evidence" was used in either trial against the other two accused in this incident. Also interesting to note is that it was a MAJOR BATTLE.....hello?

Pretrial Issues Delay Start of Trial in Fallujah Deaths

..............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.
............

Court-Martial of Marine Charged in Death on Hold
11 posted on 09/26/2009 6:50:27 AM PDT by Girlene
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To: Lancey Howard; Girlene

Thanks for the post and ping, Lancey. The three will stick together and Sgt. Nelson will be exonerated of this persecution.

Excellent post, Girl!


12 posted on 09/26/2009 11:06:07 AM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: Girlene
................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.................

"Members of the jury, this case has been rife with government obstructionism and manipulation, characterized in part by the prosecution's witholding from the defense forensics results from the alleged crime scene until 5 years after the alleged incident involving unknown, undiscovered, alleged victims, while refusing the defense's own forensics experts access to same alleged crime scene"

13 posted on 09/26/2009 1:49:43 PM PDT by 4woodenboats (Facts are like fried eggs - just give 'em to me hot off the griddle, I'll add my own seasoning.)
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To: Lancey Howard

This SHOULD NOT be happening!!

Prayers up!


14 posted on 09/26/2009 8:13:18 PM PDT by Semper Fi Mom (Mother of a Marine and proud of it! (www.WeSupport Frank.com))
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