MILITARY: Attorney says Marine jailed for refusing to testify
Sgt. Jermaine Nelson charged with killings of detainees in 2004 Fallujah battle
By TERI FIGUEROA - Staff Writer | ∞
CAMP PENDLETON ---- A Marine sergeant charged with killing a detainee in Iraq headed to jail Wednesday after refusing to testify against a war comrade accused in the same incident, the sergeant's attorney said Thursday.
The detention came to light when Sgt. Jermaine Nelson failed to show up in a Camp Pendleton courtroom Thursday morning, where he was to be arraigned on charges of unpremeditated murder and dereliction of duty.
U.S. District Judge Percy Anderson ordered Nelson, 26, to jail after the sergeant refused to testify before a federal grand jury investigating his buddy, Jose Nazario Jr., according to Nelson's civilian attorney, Joseph Low.
"My client said, 'Sgt. Nazario saved my life on a number of occasions, and I'm not going to testify,' " said Low, who spoke outside of court after Nelson's arraignment was put on hold while the matter is sorted out.
Thom Mrozek, spokesman for the U.S. attorney's office in Los Angeles, confirmed that Nelson had been jailed for contempt of court, but could offer no additional information.
"The documents related to that hearing, that resulted in the contempt finding, are filed under seal," Mrozek said.
Grand jury proceedings are secret.
Nazario, Nelson and a third man ---- all of whom were Camp Pendleton Marines ---- stand accused in the shooting deaths of four detainees in November 2004 during fierce fighting in Fallujah.
At the time, all three men were squad members from Camp Pendleton's 3rd Battalion, 1st Marine Regiment, 1st Marine Division.
Also charged in military court for the incident is a third man, 25-year-old Ryan Weemer, who allegedly revealed the incident while interviewing for a job with the Secret Service.
Weemer was charged with one count of unpremeditated murder, a charge akin to second-degree murder in the civilian justice system.
The cases are the latest in a number of high-profile war crimes accusations involving Camp Pendleton Marines since the start of the Iraq war five years ago.
Nazario, 27, had left the Marine Corps and was a probationary Riverside police officer when he was charged. His case is in a federal civilian court because he is no longer an active-duty Marine.
His attorney, Kevin McDermott, said Thursday that the prosecutor, Assistant U.S. Attorney Jerry Behnke, is seeking a federal grand jury indictment against Nazario.
Nazario, who is not in jail, has already been charged with voluntary manslaughter and is scheduled for trial in July. McDermott said he believes prosecutor Behnke wants to toughen the charges to murder, and that is why he has taken the matter to a grand jury.
Behnke did not immediately returned a call for comment Thursday.
Attorney Low said Nelson made it clear that he does not intend to testify against his comrade.
"Sgt. Nelson got down on his knee, put his head between his hands and prayed," Low said, adding that his client then rose and said he would rather go to jail than testify.
"Now he's doing time for somebody who is not even in custody," Low said.
Low said Nelson opted for jail in spite of the government's offer of a limited type of immunity.
It is unclear when Nelson could be released if he continues to refuse to testify. Low said he could remain jailed until the grand jury finishes its term, which is set for December.
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
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Beth wrote on May 22, 2008 1:30 PM:And the military has a recruiting problem?
Gee I wonder why?
Someone should investigate the Judicial System of the Military
So Cal Native wrote on May 22, 2008 3:06 PM:Last I heard, the fifth admenment protects one self from testifying and possibly incriminating themselves. This Military Judge is a quack!
Steve wrote on May 22, 2008 9:29 PM: If Sgt Nelson won't testify, this will probably greatly weaken the prosecutors case, they can't make him incriminate himself, and he's standing behind a fellow warrior who had his back covered as he now covers his friends....War is hell and people die....and the Military Judge and prosecutors won't be able to make him say anything he doesn't wish to....
Nick wrote on May 22, 2008 11:27 PM:You may not plead your fifth amendment while in service. When you're sworn in you waive many rights as a civilian. You are now property of the U.S. Government. These soldiers are taught to defend their brethren and hold together in solidarity. The Marines are one of the tightest knit groups in the military. They fight for each other and they die for each other and this is what they are trained to do. So why would this judge be so quick to jail them for doing exactly what they are trained for? If the judge were in the same situation I bet my life he would also refuse if he were a Marine. Can you say Bahhhh because that's all he is now is a goat Baaaahhhh
ReadingComprehensionFTW wrote on May 23, 2008 3:23 AM:It's not a military judge nor is it the military judicial system. It's Federal Grand Jury and a U.S. District Judge. Read the article, comprehend what you read, make intelligent comments please. Man, some of you people aren't too bright.
Jeff wrote on May 23, 2008 4:53 AM:Hey Beth why don't you take up the call and defend this nation? Oh and by the way unless you have served you might not want to comment! Oops I did not mean to infringe upon your right to free speech which Navario and Nelson swore an oath to uphold. I understand if you don't know the words below.
Semper Fi
Juan Grande wrote on May 23, 2008 5:41 AM:Hey So Cal Naive - Learn the law before you do your quacking. Hint - the judge is right. The claims of "he saved my life several times" sound like BS, just as the prayer stuff is a farce. Let me guess, god talked to him and told him to conceal the truth.
James wrote on May 23, 2008 6:18 AM:When it comes to the Military judicial system you are always guilty until you can prove your innocence.
Not Surprising wrote on May 23, 2008 8:14 AM:Contempt of court will get you tossed in jail whether it's a military or civilian court. No one gets to just ignore a court order. He could have avoided the current situation if he would have had the courtesy to appear in court to properly excercise his fifth amendment rights.
BACKFIRE wrote on May 23, 2008 9:38 AM:So first they send you to war, you do your best to stay alive and maybe wrongfully killed someone, and now they want to put you in jail for it. This is another reason why they got to bring the boys back home.
JamesCantComprehend wrote on May 23, 2008 11:41 AM:James, it's not the Military Judicial system. It was a Federal Grand Jury and a U.S. District Judge. Read it, understand it, post intelligent comments.
Rereadthearticle wrote on May 23, 2008 11:49 AM:Everyone that keeps posting about the military justice system read this again. U.S. District Judge Percy Anderson ordered Nelson, 26, to jail after the sergeant refused to testify before a federal grand jury investigating his buddy, Jose Nazario Jr., according to Nelson's civilian attorney, Joseph Low. It's not the military justice system. His jailing by the U.S. District Court Judge came to light after he failed to show up at his military trial. He wasn't jailed for not showing up at his military trial. He was jailed for refusing to testify to the Federal Grand Jury. Come on people. Reading is fundamental.
Teufelhunden wrote on May 23, 2008 12:57 PM:Instead of bashing eachother, why don't you all strap on a pair of boots and walk in their shoes for a while. If it were easy, anybody could do it. Since it is't, we have Marines that protect your freedoms. If you can't support your own troops, you definately don't belong here.
So Cal Native wrote on May 23, 2008 1:44 PM:To Juan Poquito-Obviously, you have never been on the stand which by the way, it is in the Constitution that you can envoke your 5th ammendment right to one's self incrimination. Which means because, I am sure you do not know, you dont have to testify if you will implicate yourself in a criminal act military or civilian.
Alexis wrote on May 23, 2008 1:51 PM:These charges about possibly criminal conduct in Iraq are serious and should not be blown off with cop-esque "blue veil of secrecy" angles. I witnessed misconduct in the field in Vietnam and believe investigations should run their course with the rule of law applying at all times for all sides involved.
All civilian deaths in war are not the result of collateral action(s). Crimes are sometimes committed against civilians and they should be addressed for the sake of morality and our image.
Marine Mom and Grandma wrote on May 24, 2008 8:35 AM:I am sick and tired of our military going to war and then getting trounced on for doing their job. It's a wonder anyone is enlisting or re-enlisting. Yes, war is hell and don't give me the bull that this is not a war. Innocent civilians do get killed, happens in every war. We send our people to fight and then we reward the enemy with compensation when a civilian gets killed. That's bullpoop. From what I understand one can't tell the difference between civilian and warrior. Men, women and children are the enemy. Their own government sees to that. How do I know some of this, because I have been told by the ones that come back from the "Sandbox".
Maybe we should empty our prisons, send them to Iraq and then when they kill an innocent civilian you can send them back to prison. Makes about as much sense.
I applaud the Sgt. for standing by his convictions.
Semper Fi!
Lee wrote on May 24, 2008 10:01 AM:This is a minor blip on the screen. The military will be sure to have this man released probably during a Friday when the weekend is coming.
That's how this criminal Administration works. Release bad news (how apt) on a Friday and by Monday It will be buried by a few news cycles.
No one has been held accountable up to this point.
Do you really think things are about to change?
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