Deleted:Jose Luis Nazario, Jr.

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Jose Luis Nazario, Jr.
Born 1980 (age 43–44)

Sergeant Jose Luis Nazario, Jr. (born 1980) is the first American to be tried in a civilian court for war crimes which were allegedly committed while he was on active duty.[1][2][3][4][5][6] Nazario was charged with voluntary manslaughter, assault with a deadly weapon and discharging a firearm during a crime of violence for his role in the death of four unarmed Iraqi.[1] The Iraqis were killed on November 9, 2004, in Fallujah, Iraq, when Nazario was leading a squad of 13 Marines on house to house searches as part of Operation Phantom Fury, during the Second Battle of Fallujah.

Nazario, a former Marine, was charged under the 2000 Military Extraterritorial Jurisdiction Act[7] for the killing of unarmed Iraqi detainees in the city of Falluja.[8] His trial began on August 19, 2008.[9]

Nazario retired from the Marine Corps in 2005.[10][11] After his retirement he was to become a Police officer in his home-town of Riverside, California.

The incident became known publicly when one of Nazario's subordinates, Sergeant Ryan Weemer applied for a job with the United States Secret Service.[10] During his interview he was asked to identify the most serious crime he had participated in, and he described his role in the killing.

Nazario's attorneys told CNN in July 2007 that Nazario totally denied the charges.[10][11] Nazario was released on bail, after his arrest. But, because he was still in his probationary period with the Police when he was arrested, he was dismissed. In 2010, Nazario sued the Riverside Police, to try force them to re-hire him.[12][13][14]

During his trial five of the thirteen subordinates in his squad testified that they were not eye-witnesses to the killings, but they heard the shots fired.[2] Two of Nazario's subordinates, Sergeant Weemer and Sergeant Jermaine Nelson, faced contempt of court charges for their refusals to testify. The contempt charges were dropped a month later.

Although he refused to testify during Navario's trial, in September 2009, Jermaine Nelson would later apologize for his role in the killings during his own trial, and place the blame for all the killings on Nazario.[3] According to The Guardian, during Nelson's trial a tape of a confession Nelson made in 2007 was played, that offered: "a grisly account that Nazario beat detainees, killed two of them by shooting them in the forehead and ordered squad members to kill the other two."

Nazario's trial was held in his home town, Riverside, California, where he was formerly a police officer.[1] He was acquitted on August 28, 2008.[15]

Nazario's defense team included Joseph Preis, Jared N. Klein and David Foberg,lawyers from the firm Pepper Hamilton, a firm that had worked previously on behalf of Guantanamo detainees.[16][17]

References

  1. ↑ 1.0 1.1 1.2 Chelsea J. Carter (2008-08-28). "Jury acquits former Marine in killing of Iraqis". Fox News. http://www.foxnews.com/wires/2008Aug28/0,4670,MarinesFallujah,00.html. Retrieved 2010-04-18. 
  2. ↑ 2.0 2.1 Sonja Bjelland (2008-08-22). "Marines refuse to testify against squad leader, prompting U.S. Attorney's Office to seek contempt charges". The Press-Enterprise. http://www.pe.com/localnews/inland/stories/PE_News_Local_S_web_nazario23.2a3a7fe.html. Retrieved 2010-04-18. 
  3. ↑ 3.0 3.1 Elliot Spagat (2009-09-30). "Marine apologizes for killing Iraqi detainee". The Guardian. http://www.guardian.co.uk/world/feedarticle/8733048. Retrieved 2010-04-18. "Sgt. Jermaine Nelson told the judge he had failed the Marines by following his squad leader's order to shoot and by ignoring his training. He said he should have left the house and asked superiors for help when he disagreed his squad leader, Sgt. Jose Luis Nazario." 
  4. ↑ "U.S. jury acquits ex-Marine in Iraqi killings". Reuters. 2008-08-29. http://in.reuters.com/article/worldNews/idINIndia-35223720080829. Retrieved 2010-04-18. 
  5. ↑ Dan Slater (2008-08-19). "In First, Former Marine to Stand Trial in Civilian Court for War Crimes". Wall Street Journal. http://blogs.wsj.com/law/2008/08/19/in-first-former-marine-to-stand-trial-in-civilian-court-for-war-crimes/?mod=googlenews_wsj. Retrieved 2010-04-18. 
  6. ↑ "Marines charged in killings of Iraqis". WXOW. 2010-03-26. http://www.wxow.com/Global/story.asp?S=12208273. Retrieved 2010-04-18. 
  7. ↑ http://www.pubklaw.com/hi/pl106-523.pdf
  8. ↑ http://www.setexasrecord.com/arguments/216215-legally-speaking-law-and-the-fog-of-war-part-i-of-ii
  9. ↑ "Civil trial opens of US ex-marine". BBC News. 2008-08-20. http://news.bbc.co.uk/2/hi/americas/7571512.stm. Retrieved 2010-04-18. 
  10. ↑ 10.0 10.1 10.2 "Marines: Claims of captive killings probed". USA Today. 2007-07-06. http://www.usatoday.com/news/nation/2007-07-06-marines_N.htm. Retrieved 2010-04-18. "The investigation was launched when Ryan Weemer, a former Marine corporal injured while fighting in Fallujah, applied for a job with the Secret Service..." 
  11. ↑ 11.0 11.1 "Former Marine says squad made up slayings story". CNN. 2007-08-21. http://www.cnn.com/2007/US/law/08/21/fallujah.case/index.html. Retrieved 2010-04-18. "According to an affidavit from a Navy investigator, Nazario killed one prisoner and then asked his squad: 'Who else wants to kill these guys? Because I don't want to do it all myself.'" 
  12. ↑ Sonja Bjelland, Gene Ghiotto (2008-09-02). "Veteran acquitted in landmark case wants Riverside police job back". The Press-Enterprise. http://www.pe.com/localnews/riverside/stories/PE_News_Local_N_nazario03.49fcf85.html. Retrieved 2010-03-16. 
  13. ↑ "Acquitted veteran sues over police firing". United Press. 2010-03-11. http://www.upi.com/Top_News/US/2010/03/11/Acquitted-veteran-sues-over-police-firing/UPI-91381268337935/. Retrieved 2010-04-18. "ose Luis Nazario Jr. in his lawsuit says the city violated the U.S. Uniformed Services Employment and Re-employment Act by dismissing him and then not reinstating him after he was acquitted of voluntary manslaughter and assault with a dangerous weapon, The Riverside Press-Enterprise reports. His lawyer, in court papers, said a supervisor told him he would be "back on the job in no time" when he went to the police department the day of his acquittal." 
  14. ↑ Greg Risling (2010-03-10). "Ex-Marine sues Calif. city to get back police job". Slate magazine. http://www.salon.com/wires/us/2010/03/10/D9EBVLOO3_us_acquitted_marine_lawsuit/. Retrieved 2010-04-18. 
  15. ↑ "Jury Acquits Ex-Marine in Iraqis' Deaths". Washington Post. 2008-08-28. http://www.washingtonpost.com/wp-dyn/content/article/2008/08/28/AR2008082803507.html. Retrieved 2010-04-18. 
  16. ↑ Charles H. Carpenter (2010-03-05). "Big Law Defends Guantanamo Lawyers". Legal Times. http://legaltimes.typepad.com/blt/2010/03/by-mike-scarcella-and-david-ingram----the-intensifying-flap-over-justice-department-lawyers-who-have-advocated-for-guantanamo.html?cid=6a00d83451d94869e201310f6fc1da970c. Retrieved 2010-04-18. 
  17. ↑ http://www.pepperlaw.com/pdfs/OCU_Q3_2008.pdf
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