Ex-Marine Accused Of War Crime Speaks Out

Says Soldiers May Begin To Fear Civilian Prosecution For Doing Their Jobs

(AP)  A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq.

In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle.

Nazario is the first military service member who has completed his duty to be brought to trial under a law that allows the government to prosecute defense contractors, military dependents and those no longer in the military who commit crimes outside the United States.

"They train us, and they expect us to rely back on that training. Then when we use that training, they prosecute us for it?" Nazario said during an interview Saturday with The Associated Press.

"I didn't do anything wrong. I don't think I should be the first tried like this," said Nazario, whose trial begins Tuesday in Riverside, east of Los Angeles.

If Nazario, 28, is convicted of voluntary manslaughter, some predict damaging consequences on the battlefield.

"This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?" said Nazario's attorney, Kevin McDermott.

Others say the law closes a loophole that allowed former military service members to slip beyond the reach of prosecution. Once they complete their terms, troops cannot be prosecuted in military court.

Scott Silliman, a law professor and executive director of the Center on Law, Ethics and National Security at Duke University, says it has little to do with questioning military decisions and everything to do with whether a service member committed a crime.

"From a legal point of view, there is no difference in law between war and peace," he said.

The Military Extraterritorial Jurisdiction Act law was written in 2000 and amended in 2004 primarily to prosecute civilian contractors who commit crimes while working for the U.S. overseas. One of the authors contends prosecuting former military personnel was "not the motivation."

"I don't fault the Department of Justice for using what legal authority they have if a clear criminal act has been committed. But I do think that it would be preferable for crimes committed on active duty be prosecuted by court martial rather than in civilian courts," said Sen. Jeff Sessions, an Alabama Republican.

"I think maybe what it says is we need to rethink the question of military personnel who are subject to prosecution."

Telephone messages for a spokesman in the U.S. attorney's office in Los Angeles seeking comment were not returned.

Nazario, of Riverside, is charged with one count of voluntary manslaughter on suspicion of killing or causing others to kill four unarmed detainees in November 2004 in Fallujah, during some of the fiercest fighting of the war. He also faces one count of assault with a deadly weapon and one count of discharging a firearm during a crime of violence.

If convicted of all charges, he could face more than 10 years in prison.

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.

The complaint states the squad had been taking fire from the house. After the troops entered the building and captured the insurgents, Nazario placed a call on his radio.

"Nazario said that he was asked, 'Are they dead yet?"' the complaint states. When Nazario responded that that the captives were still alive, he was allegedly told by the Marine on the radio to "make it happen."

Though Nazario and his attorneys declined to discuss the facts of the case with the AP, the former Marine has always maintained his innocence.

Fallujah was the scene of two Marine battles in 2004, the first of which was launched after insurgents killed four U.S. contractors in the city. That battle was aborted in April 2004, and the Marines launched Operation Phantom Fury in November of that year.

Nazario said he was on his first deployment when his squad entered Fallujah, which he described as a "high combat zone" with insurgents taking shots at troops at every turn - with everything from AK-47s to rocket-propelled grenades.

Thirty-three in his battalion were killed in the battle. The first, he said, was a man in his squad. Nazario later received the Navy-Marine Corps Commendation Medal with a "V" for valor for combat and leadership in Fallujah.

Though Nazario was not physically injured, he was later found to have post-traumatic stress disorder.

After leaving the military, Nazario worked as an officer with the Riverside Police Department and was close to completing his one-year probation. He said he knew nothing of the investigation until he was arrested Aug. 7, 2007, after being called into the watch commander's office to sign a performance review.

He said he was leaning forward to sign when he was grabbed from behind by his fellow officers, told he had been charged with a war crime and was turned over to Navy investigators waiting in a nearby room. Because he had not completed probation, the police department fired him.

Since then, he said, he has been unable to find work.

"You're supposed to be innocent until proven guilty," he said. "I've put in applications everywhere for everything. But nobody wants to hire you if you have been indicted."

Without any income, Nazario said, he has been forced to move in with his parents in New York. He and his wife resorted to selling some of their household goods, such as electronics equipment, to a pawn shop.

His wife, once a stay-at-home mother to their 2-year-old son, has gone to work as a customer service receptionist, he said. She will be unable to attend his trial.

"She has to work. We need the money," he said, his eyes reddening as he blinked away tears.

Nazario said he has no regrets about being a Marine, only regrets about what has happened since.

"My faith in the system is shaken. There's no doubt about that," he said.

One of Nazario's defense attorneys, Doug Applegate, said he believes that ultimately the former Marine will be acquitted because of lack of evidence.

"There are no bodies, no forensic evidence, no crime scene and no identities," he said.

It is unclear what, if anything, Marines being subpoenaed to testify will say about the events in the house in Fallujah.

Another Marine, Sgt. Jermaine Nelson, 26, of New York is slated to be court-martialed in December on charges of unpremeditated murder and dereliction of duty for his role in the deaths.

Although he has not entered a plea in military court, Nelson's attorney has said his client is innocent.

Nelson and Weemer were jailed in June for contempt of court for refusing to testify against Nazario before a federal grand jury believed to be investigating the case. Both were released July 3 and returned to Camp Pendleton.

[patriot12436]

mydiatrite
I agree. You live 24/7 with adrnalin rush. When you come back i always thought the adrenalin rush could be responsible for the PTSD symptoms. Combat has to have an effect on anyone, normal or not.

[patriot12436]

donevis
The NCOM she got saved their commander during a firefight. Seems the commander became a blithering idiot and sat down on a grenade balling. He dragged him to safety out of the area where he was being fired on. This was his second deployment to Iraq. I am proud he is going o be my son in law.

[patriot12436]

soshljoustic
I would agree with the Iraqui''s, most Americans would rather we go somewhere else as well.

[patriot12436]

middleman8
Up yours. I will put my record up against yours any day of the week.

[patriot12436]

donvis
They are both being medically diuscharged and going back to finish their degrees. He wants to continue in law enforcement and she wants to become a detective with a department. Having her degree will open many doors.

[mydiatribe]

What isn''''t understood here by your average CIVILIAN juror is the HYPE, ANGST and ADRELAINE which is required and expended daily by a front line soldier in an armed conflict. These kind of civilian trials are purely wrong and unjust and can only lead to wrongful convictions.
There is adequate provisions within the UCMJ to prosecute war criminals.

These CIVILIAN trials are the propagada of spiteful leftist anarchists who are seeking to make their feeble political bias known by prosecuting DUTY BOUND serviceman. This is a total disgrace.It is a stick in the eye to every Foreign War Veteran who has ever served in combat.
Any soldier who begins to second guess himself is bound to put himself and his fellow soldiers in unnecessary jeopardy.

[hidegirlgcks]

I cant even begin to imagine what these men go through every day, every hour, every minute and every second! All lot of these men are barely past puberty for crying out loud. To be shipped to some strange country and get shot at all the time, seeing death all around you constantly, I couldnt do it. I would just stand there and pull the trigger at what ever was in my way or made a sound. Very very frightening!!!! They should let him go home and try to start his life over if he can get the visions out of his head that have been planted there.

[donevis-2009]

donevis
She speaks fluent English, Russian and some Iraqui, enough to pass for an Iraqi. She was raised to cook clean everything. She is also engaged to get married to an army sergeant this next summer. She also knows how to shoot and fight hand to hand and with a knife.

Posted by patriot12436 at 08:31 AM : Aug 19, 2008

Guess she didn''t set her sights high enough.. Only got a NCOM. With your description thought at the least she would get a Lt. Thats okay with her skills she''ll be able to kill him, eat the body and find somthing a little higher up the G-scale instead of the E-scale.

[mydiatribe]

OOPS! I sent before I was finished.

These CIVILIAN trials are the propagada of spiteful leftist anarchists who are seeking to make their feeble political bias known by prosecuting DUTY BOUND serviceman. This is a total disgrace.It is a stick in the eye to every Foreign War Veteran who has ever served.

Prosecute War Criminals after the war is over.

[mydiatribe]

What isn''t understood here by your average CIVILIAN juror is the HYPE, ANGST and ADRELAINE which is required and expended daily by a front line soldier in an armed conflict. These kind of civilian trials are purely wrong and unjust and can only lead to wrongful convictions.
There is adequate provisions within the UCMJ to prosecute war criminals.
These CIVILIAN is is the spiteful p

[rf35]

"He also faces one count of assault with a deadly weapon and one count of discharging a firearm during a crime of violence."

Well, I guess all combat veterans will have to be rounded up as soon as we get off active duty.

"One of the authors contends prosecuting former military personnel was ''not the motivation.''"

Well then, fix the friggen law! If he didn''t get court-martialed, he shouldn%u2019t be made to stand trial in civilian court. The military is trained in the Laws of Armed Conflict and specific rules of engagement are in place. If those were violated, the member is to be held accountable right away, not years later after he has separated. I highly doubt any crime was committed by the Marine.
On a personal note, I%u2019m glad the Muslims are dead...we can all sleep a little better at night knowing there are four less fanatics bent on killing us because we do not worship Allah correctly or at all. Wake up folks; they want YOU and your family to die.

[patriot12436]

donevis
She speaks fluent English, Russian and some Iraqui, enough to pass for an Iraqi. She was raised to cook clean everything. She is also engaged to get married to an army sergeant this next summer. She also knows how to shoot and fight hand to hand and with a knife.

[donevis-2009]

donnie
You bad mouth army and women in the army. Wish you could meet my daughter. She is in the army. She has an iq of a genious, served in Iraq, could pose for playboy and after you met her you would then be picking your teeth up from the ground. She would kick your ***. I am very proud of our service members. But i know you wouldn''''t want to meet her. You and shazam would rather be porking some guy in the butt.
Posted by patriot12436 at 10:38 PM : Aug 18, 2008

Does she speak English, cook, and can she iron shirts?

[patriot12436]

farkusa
I take you have not served or been in combat either.

[patriot12436]

vnveteran72
I take it you have never been in combat. Also he is charged with manslaughter not murder. Reading the story it would appear the evidence is circumstantial at best. I would expect an acquital since there would be reasonable doubt.

[patriot12436]

erb0087
I appreciate your sense of humor but i do not drink, i am diabetic.

[patriot12436]

newsterl
McCain isn''t my idea either but i would take anyone over obama. I just do not trust obama. I am hoping a third party candidate comes out of nowhere and wins, i am looking at Bob Barr.

[erb0087]

"I have found what i have looked for in Budhism."
- Posted by patriot12436 at 10:07 PM : Aug 18, 2008

==========================

I hear you.

But please be aware that too many Budweisers can be bad for you.

[nothappyatall]

citizen1982
Our country does not suck. it is great. Our govt sucks and we must change it. The idiots in charge have led us down a path of self destruction.

Posted by patriot12436 "

Our country DOES suck because the right wingers voted the bush cartel in TWICE for his anto abortion anti g@y agendas, the same people along with Pelosi and congress refuse to impeech this maniac for war crimes and treason- he is guilty of both.

Want to bet the right wingers vote in McSame due to HIS anti abortion and "family values" agendas too?
Another 4 or 8 years of this krap and we''ll see the end of this country as we know it, we are already almost TEN TRILLION DOLLARS in debt

[nothappyatall]

"They train us, and they expect us to rely back on that training. Then when we use that training, they prosecute us for it?" Nazario said"

Hey honey, cant take the heat dont sign up! they trained you to kill ARMED SOLDIERS, not execute unarmed civilians! You are like the cop trained to kill armed bank robbers, instead- gunning down the tellers along with the robber