RIVERSIDE, Calif., Aug. 28, 2008
Ex-Marine Cleared In Iraq Detainee Deaths
Federal Jury Finds Former Marine Not Guilty In Killing Of 4 Unarmed Iraqis In Fallujah
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Former Marine Sgt. Jose Luis Nazario Jr., 28, center, with his attorneys, Douglas L. Applegate, left, and Joseph M. Preis, right, in Irvine, Calif., on Aug. 16, 2008. (AP PHOTO)
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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.
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.
Prosecutors alleged that Nazario either killed or caused others to kill four unarmed Iraqi detainees in Fallujah during "Operation Phantom Fury," which resulted in house-to-house fighting.
Other former Marines testified during the five-day trial that they did not see Nazario kill detainees but heard the gunshots.
The case came to light in 2006 when Sgt. Ryan Weemer, Nazario's former squadmate, 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. That screening was not admitted at Nazario's trial.
Fast Fact
Weemer and another Marine, Sgt. Jermaine Nelson, face military charges of unpremeditated murder and dereliction of duty. Both maintain their innocence, and both were found in contempt of court for refusing to testify against Nazario.The verdict left the 28-year-old defendant in tears. He cried so loud that the judge smacked his gavel to call for order.
Had Nazario been convicted of voluntary manslaughter, assault with a deadly weapon and discharging a firearm during a crime of violence, he could have faced more than 10 years in prison.
On Wednesday, federal prosecutor Jerry Behnke urged the jury to convict Nazario, saying he violated his duty as a Marine and must be held accountable for his actions in Fallujah. He said the evidence showed the detainees had surrendered before the shooting.
Nazario's attorney, Kevin McDermott, told jurors they could not convict the former Marine sergeant of an alleged crime in which there were no bodies, no identities and no forensics. He also argued that a guilty verdict would only make service members second-guess their actions in combat.
Nazario is the first former military service member brought to trial under the Military Extraterritorial Jurisdiction Act, which was written in 2000 and amended in 2004 primarily to allow prosecution of civilian contractors who commit crimes while working for the U.S. overseas. It also allows the prosecution of military dependents and former military service members accused of committing crimes outside the United States.
Earlier this month, Nazario said there is much more at stake than his claim of innocence.
Nazario said 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.
"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 with The Associated Press.
"I didn't do anything wrong. I don't think I should be the first tried like this," said Nazario.
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See all 21 CommentsBut if he executed unarmed POWs then he disgraces what we stand for. Once an enemy surrenders they are no longer targets, they are prisoners.
We take an oath to defend freedom and democracy with honor, and courage. "We are comitted to excellence and the fair treatment OF ALL". I sure hope the truth justifies the verdict, but one can never know since I wasn''t there.
Posted by mjvw2 at 08:16 AM : Aug 29, 2008
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he would be the first one to spit at the soldiers
Posted by Nancy_Naive at 05:58 AM : Aug 29, 2008
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nancy_naive possess this liberal instinct that this country is evil..our soldiers are evil..our way of life is evil..EVERYTHING THAT IS AMERICAN IS EVIL...
hence she sees these soldiers as GUILTY UNTIL PROVEN INNOCENT but on the same token..sees a terrorist as INNOCENT UNTIL PROVEN GUILTY...
and soon enough we would have these kind of people run our country...time to stop this dont vote DNC
You have been there and understand what this marine went thru. I think how the jury addressed it sent a clear message to Washington.
If the prosecutor is guilty of anything it is incompetence. Reminds me of the OJ trial.
If you can''t support our veterans then get the hell out. We do not need or want you here.
I hope you don''t move into my neighborhood. I want neighbors i could depend on.
What kind of sham trials are these? Did someone just make up the charges with no evidence? Or was evidence deliberately withheld? I guess the truth is just not an issue at all.
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