And the truth shall set you free...

[REGULATOR]

Jury Acquits Ex-Marine in Iraqis' Deaths
 
 
 
Associated Press
Friday, August 29, 2008; Page A04
RIVERSIDE , Calif . , Aug . 28 -- A former Marine accused of killing unarmed Iraqi detainees was acquitted of voluntary manslaughter Thursday in a first-of-its-kind federal trial .
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 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 . His mother, family members and friends cried so loudly that the judge smacked his gavel in a call for order .
This marks the first time a civilian jury has determined whether the alleged actions of a former military service member in combat violated the laws of war .
The jury forewoman, Ingrid 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 .
Other former Marines testified during the five-day trial that they did not see Nazario kill the detainees but heard the gunshots .
 
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 .
Nazario is the first civilian to be brought to trial under the Military Extraterritorial Jurisdiction Act, which allows the prosecution of former military service members accused of committing crimes outside the United States .
 

 
Support our Troops and remember our Veterans!
 
I hope you have as good a weekend as Mr . Nazario will have!

[aeronca]

this is great news,  semper fi.

[Bixxer Bob]

Somehow I can't see American servicemen getting spat upon for walking down the street wearing their uniform.  

We were "advised" not to wear uniform in public where I'm from.  I've served 35yrs, man and boy, through 6 wars that only seemed to touch those that were hurt or killed and their close ones whilst most went about their lives unconcerned - and was proud to do so.  Not wear my uniform ??? Go figure...

I guess I sound a tad bitter.... I'm not.  I've lived my life by my code.  My choice.  I'm not asking for anything except to not be discriminated against for wearing military clothing when to discriminate against someone for wearing the garb of their religion would get me arrested.

[TigerTrax]

In the wake of this decision....

be ever more joyful that 'as long as the US military has presence in Iraq'
they will only be answerable to the US military.

Could you imagine if it were an Iraqi jury!!!!!!!!!!!

 ** They should have flamed Fallujah the first week of the war.... it was
nest full of bad guys.

[REGULATOR]

Bixer Bob,   Welcome home brother.....

   and if it makes you feel any better you can walk with pride in your uniform over here... some of my "Mates" on base do all the time and the only thing they get are friendly questions and smiles...

   Served hand in hand with folks from a lot of different countries....

[Bixxer Bob]

I too have worked with many nationalities over the years, among them Americans, and am grateful for the opportunities military life has afforded me, as well as the many places overseas that I've lived and worked.

On the day of 9/11 I watched as it unfolded live on TV as I was on leave, not realising it would have a direct effect on me.....  within 4 weeks I was getting off a plane in the desert, attached to an American unit and working hand in hand with them all over Xmas whilst my wife-to-be was home alone putting the wedding plans on hold.

But that's enough of that now.  I've indulged myself more than enough already.

[Stretch]

With no evidence and no credible witnesses, I hope there is someone this Marine can stick for malicious prosecution.  A news report stated that Nazario was arrested just prior to the end of his probationary period with a Riverside County, Ca. law enforcement agency, and that he was fired.

Compensation for loss of income, emotional distress, and abuse of civil rights seems to be in order here.

[TigerTrax]

I believe we will see the day when these prosecutors and judges  quietly get replaced. I firmly believe we will see the day when Supreme Court judges are removed from their pedestal.

But mostly.... it's the 'cadre' of 'socialist do-gooders' that provide the
foundation for this behavior... they all want to 'face down' authority and tear down the government.  

They too shall pass!

[Dr. Mordo]

Sorry, but this has nothing to do with Socialist do-gooders.  Nazario's squad mates who are still in the Marines are facing courts-martial for the same incident.  If you think that the Marine Corps is a bunch of Socialist do-gooders, then if I were you I'd keep it to myself - those dudes are serious.   That said, because the Marines are serious, they wouldn't be charging these guys if there wasn't some question of a violation of the rules of engagement.  I've worked with all the American services to include many Spec Ops dudes, and the Marines Corps is an amazing model of efficiency.

http://blogs.wsj.com/law/2008/08/19/in-first-former-marine-to-stand-trial-in-civilian-court-for-war-crimes/?mod=googlenews_wsj

Every thing that seems wrong in this country isn't automatically the Left's fault.  I agree that it makes little sense for this to get into civilian courts, because they have no frame of reference.  It amazes me that the Marines can't try him because he's out.  What if he had killed or raped another Marine?  Could they still not try him?  Crazy.

[Stretch]

When one joins the U.S. Armed Forces, he initially serves a minimum obligation of eight years, with part of that time serving on Active Duty or in the National Guard or Reserves, and the rest of the obligation in the Individual Ready Reserve.  The IRR is a pool of military veterans who have been released from Active Duty, but are still waiting to be released from the rest of their 8-year obligation.  They do not drill, or wear uniforms, and they can go live wherever they want, as long as the Gum'mint knows how to contact them.  They are essentially "On Call", in the event of a national emergency.

For example, I served in the Marines from 1985 to 1989, Active Duty.  I had been out of the military for two years, had a wife, a job, and long hair when Saddam invaded Kuwait in 1991.  Almost overnight, the U.S. Armed Forces scrambled to send units and equipment to Saudi Arabia, gearing up for Operation Desert Storm.  I was called back to Active Duty, since I had only served six years of my 8-year obligation.  The military wasn't through with me yet, and I was contractually bound to return.

However, in Nazario's case, he was a 28-year-old Sergeant, so I'm guessing that he had 8-10 years' time in service, and had probably re-enlisted once and maybe extended or was 'stop-loss'ed for a bit thereafter.  My point is that he had already completed his initial 8-year service obligation, and having been discharged, is therefore completely free from the military.

It amazes me that the Marines can't try him because he's out.  What if he had killed or raped another Marine?  Could they still not try him?

Having been discharged from the Armed Forces, he is no longer bound by the Uniform Code of Military Justice, the way Active and Reserve service members are.  But that's not the end of it.

If a Marine raped or killed another Marine and left the military before he got caught, he would be charged and tried for those crimes, perhaps in a civilian court, or perhaps he could be recalled to the Corps by a special congressional or presidential order.  He absolutely would answer for his crimes, regardless of whether he still wore the uniform or not.

[Dr. Mordo]

Thanks for the explanation.  I knew much of that, but I didn't know that enlisted troops were part of the ready reserve.  I really just hadn't thought about it.

In this case it just surprises me that there isn't some article in the UCMJ that allows for prosecuting crimes after the dude is out.  I'm sure there is some way to do it, but I wonder why the Marines let it be handled by a civilian court?

BTW, that is pretty crazy that you got called back in for Desert Storm.  In 2004 in Iraq I met an ancient Army Helo pilot that had been called back (the dude was no kidding 60ish years old), but I wouldn't have thought they'd have been so desperate back in the early 90s.

[Stretch]

In this case it just surprises me that there isn't some article in the UCMJ that allows for prosecuting crimes after the dude is out.  I'm sure there is some way to do it, but I wonder why the Marines let it be handled by a civilian court?

They had no choice.  He no longer belongs to them.  Like many laws, there are limits to the reach of the UCMJ.  Not in the military = not under the jurisdiction of the military's laws.

However, he was prosecuted under the Military Extraterritorial Jurisdiction Act mentioned in Regulator's initial post, where a civilian can be prosecuted for crimes he committed while in the military overseas.  Had he committed crimes here in the states and then left the military before becoming a suspect, he would have been prosecuted by the civilian courts in that jurisdiction where the crime had been committed.  This new law is to ensure that servicemen are held accountable for crimes committed overseas, where civilian courts there would be powerless to prosecute the serviceman once he rotated out of that theater.  

No doubt, the Marines' JAG lawyers worked closely with the government prosecutors, so in essence he was partially prosecuted by the Marines, but judged by a civilian jury.