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FALLUJAH MURDER CASE:
THE TRIAL OF JOSE NAZARIO

September 23, 2008 | 11:40 AM EASTERN

EXCLUSIVE!

Government Drops Contempt Charges Against Sergeants Weemer and Nelson

The US Attorney for Central California has dropped criminal contempt charges against two Marine sergeants who refused to testify against their former squad leader last month while he was on trial for executing enemy prisoners in Fallujah. Read more here.

September 4, 2008

The Nazario Trial: A Final View from the Courtroom
 

August 28, 2008

NOT GUILTY ON ALL COUNTS!
"Marine Dream team", and justice, prevails in Nazario trial

Get the story here.

Riverside, California -- Jose L. Nazario, Jr is a free man.

A jury of nine women and three men needed six hours to decide the landmark case that also sends a warning to federal prosecutors about second-guessing warriors in combat.

Bedlam erupted in the US District Court when his jury of nine women and three men acquitted the former Marine infantry squad leader of manslaughter and related charges.

Lead defense attorney Kevin B. McDermott and his self-styled and unarguably dynamic "Marine Dream Team" that gutted the prosecution got a little animated after the verdict.

They erupted with high fives and grins when the disc jockey smooth bailiff announced that on Count Three Jose Luis Nazario, Jr. was not guilty of feloniously using his M-16 rifle. Read more,

Wednesday, August 27, 2008

View from the courtroom: The Nazario trial, day four

Tuesday, August 26, 2008

View from the courtroom: The Nazario trial, day three

Fog of War Clouds  Witnesses' Recollections

Thin Air: Evidence Fails to Materialize in Fallujah Murder Trial

Friday, August 22, 2008

View from the courtroom: The Nazario trial, day two

First report: Marines refuse to testify against former squad leader

Thursday, August 21, 2008

View from the courtroom: The Nazario trial, day one

Fallujah murder trial underway

Wednesday, August 20, 2008

Jury selection is complete. Fifty-four jurors were pooled, twelve (and two alternates) were chosen. There are nine women and three men on the jury, most have military members in their family and some are veterans.

Jose Nazario is happy with the jury selection and confident that justice will be served. Opening statements are scheduled for tomorrow.

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Courtroom reporting by Nathaniel R. Helms
Defend Our Marines

Nat Helms is a Contributing Editor to Defend Our Marines. He is a Vietnam veteran, former police officer, war correspondent, and, most recently, author of My Men Are My Heroes: The Brad Kasal Story (Meredith Books, 2007).

 

 

 

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Click at the link for the background on the trial and the Fallujah case.

 

Defend Our Marines in the news

For Jose Nazario, the trial and the are over (pdf), Tony Perry, Los Angeles Times blog, August 29, 2008.

Nazario case: Can civilian jurors understand combat decisions? (pdf), Tony Perry, Los Angeles Times blog, August 18, 2008.

 

Other news reporting on the trial

Civil justice for an ex-Marine (pdf), Editorial, Los Angeles Times, September 7, 2008.

Acquitted former Marine recalls fear in Fallujah, Prosecutors faced uphill fight in proving 2004 killings, Mark Walker, North County Times, August 31, 2008 (pdf)

Ex-Marine ready to move on after trial, Steve Liewer, San Diego Union-Tribune, August 30, 2008. (pdf)

Ex-Maine acquitted in Iraqi prisoner deaths (pdf), Tony Perry, Los Angeles Timess, August 29, 2008.

Acquittal of ex-Marine sparks debate over law, Associated Press, August 29, 2008 (pdf)

Jury acquits former Marine in killing of Iraqis, Associated Press, August 28, 2008 (pdf)

SoCal jury gets case of ex-Marine in Iraq deaths, Associated Press, August 27, 2008 (pdf).

Civilian jury deliberating fate of former Marine, North County Times, August 27, 2008 (pdf)

Civilian trial for Marine starts, Steven Cuevas, NPR, August 22, 2008.

Marines refuse to testify in detainees killings, Mark Walker, North County Times, August 22, 2008 (pdf)

Testimony Continues in Marine-Iraq Deaths Trial, KESQ (Palm Desert, CA), August 22, 2008 (pdf)

2 Marines refuse to testify in ex-comrade's case, Associated Press, Associated Press, August 22, 2008 (pdf).

2 Marines refusing to testify ordered to court, Associated Press, August 22, 2008 (pdf)

Trial begins for former Marine accused in Iraq killings, Los Angeles Times, August 21, 2008 (pdf).

Federal trial begins for ex-Marine in Fallujah case, San Diego Union Tribune, August 21, 2008 (pdf).

Landmark case against Marine in Iraq detainee death opens, AFP, August 21, 2008 (pdf).  

Trial of former US Marine in Iraqi detainee death underway, AFP, August 19, 2008 (pdf).

Civilian Court Tries Case From the Fog of War, Wall Street Journal, August 19, 2008.

 

Pretrial reporting from Defend Our Marines:

Semper Rat: Government coerced Marines to turn snitch, Nathaniel R. Helms, Defend Our Marines, August 15, 2008.

Federal Prosecutors Turn Up Heat in Fallujah Murder Case: Trial Will Be a Marine Reunion, Nathaniel R. Helms, Defend Our Marines, July 30, 2008.

Whether or Not I Know for Sure: How NICS Got Its Man in Fallujah Murder Case, Nathaniel R. Helms, Defend Our Marines, July 15, 2008.

Nazario Takes Another Bullet in Fallujah Murder Case: He "knowingly used and carried a firearm", Nathaniel R. Helms, Defend Our Marines, July 15, 2008.Weak Fallujah Murder Case: Marine Badgered into Admitting Guilt During Interrogation, Nathaniel R. Helms, Defend Our Marines, July 12, 2008.

Fallujah Heroes Will Not Celebrate 4th in Brig, Nathaniel R. Helms, Defend Our Marines, July 2, 2008 [updated July 3, 2008]

Marine Released from Civilian Custody in Fallujah Case, Nathaniel R. Helms, Defend Our Marines, May 30, 2008.

Trial recommended for Marine charged in Fallujah killing, Officer finds sufficient cause for Sgt. Jermaine Nelson to face court-martial, Mark Walker, North County Times, May 24, 2008.

Marine Jailed by Federal Judge for Refusing to Testify Against Brother Marine, Nathaniel R. Helms, Defend Our Marines, May 22, 2008

Marine Jailed by Federal Judge for Refusing to Testify Against Brother Marine, Nathaniel R. Helms, Defend Our Marines, May 22, 2008

Sgt Jermaine Nelson. Fallujah Marine Given Immunity to Testify Against His Former Squad Leader in Federal Court, Nathaniel R. Helms, Defend Our Marines, May 15, 2008.

Documents:

Sgt Weemer subpoena, July 23, 2008.

Executive summary in the case of United States v. Jose Nazario, May 23, 2008.

Government's affidavit against Jose Luis Nazario Jr., August 6, 2007.

Grand Jury Superseding Indictment against Jose Luis Nazario Jr., June 2007.

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