MILITARY: Hearing set on Fallujah detainee killings
Sgt. Ryan Weemer due in Camp Pendleton courtroom on Thursday
By MARK WALKER - Staff Writer | ∞
Sgt. Ryan Weemer (Courtesy photo) 
Former Marine Sgt. Jose L. Nazario Jr. (Courtesy Photo) CAMP PENDLETON ---- The killing of four unarmed detainees during a battle for Fallujah nearly four years ago is the focus of a hearing this week for a Marine sergeant charged with one of the slayings.
Sgt. Ryan Weemer is accused of murder and six counts of dereliction of duty in the incident that authorities say took place during the height of fighting for what was then an insurgent stronghold in Iraq's Anbar province.
The hearing, scheduled to start at 9 a.m. Thursday, is the latest chapter in a series of cases involving Camp Pendleton troops charged with unlawful killings in Iraq.
Weemer and two other men from the base's 3rd Battalion, 1st Marine Regiment face homicide charges arising out of actions by their squad on Nov. 9, 2004.
Last year, Weemer allegedly told a Secret Service agent during a job interview that he was aware of unlawful killings occurring during house-to-house fighting. That prompted an investigation by the Naval Criminal Investigative Service and ultimately the filing of charges.
At the conclusion of Weemer's hearing, the presiding military officer will write a report stating whether he believes the case should move forward to court-martial, be dismissed or some form of administrative action taken. A final decision rests with Camp Pendleton's Lt. Gen. Samuel Helland, head of Marine Corps forces throughout the Middle East.
Accused along with Weemer is Sgt. Jermaine Nelson, who also faces one count of murder and six counts of dereliction of duty.
The man who led the squad, former Marine Sgt. Jose L. Nazario Jr., was indicted in federal court in Riverside last year on two counts of voluntary manslaughter. His case is being waged in civilian court because he was out of the Marine Corps and not subject to prosecution under the military justice system.
Efforts to reach Weemer's attorney Paul Hackett were unsuccessful. But on a Web site established to help pay for Weemer's defense, Hackett wrote his client initially cooperated with investigators but is now "forced to rely on his constitutional privilege to remain silent."
Weemer and Nelson were both recently jailed by a federal court judge in Los Angeles for refusing to answer questions from a grand jury continuing an investigation into Nazario's role.
The two continued to refuse to testify before the grand jury, but were released from custody by the judge last Thursday and are now working in noncombat-related assignments at Camp Pendleton while their cases are adjudicated.
Nazario's attorney Kevin McDermott said Tuesday that Marine prosecutors have unsuccessfully attempted to force his client to testify at Weemer's hearing.
"We certainly don't intend for him to participate in any way, shape or form for the government," McDermott said. Nazario is slated to go on trial in Riverside on Aug. 19.
A hearing for Nelson that took place at Camp Pendleton earlier this year resulted in him being ordered to court-martial starting on Dec. 8.
Nelson's attorney Joseph Low said that, like Nazario, his client "has no intention of testifying against Sergeant Weemer."
In an affidavit filed by Naval Criminal Investigative Service Special Agent Mark Fox when Nazario was indicted, the agent said his interviews showed the Fallujah killings occurred after Nazario radioed in that his squad had detained four suspected insurgents.
Fox wrote that Nazario shot two detainees in the head and directed Weemer and Nelson to shoot the two others.
"Who else wants to kill these guys, because I don't want to do it all myself?" Nazario is quoted as saying to his Marines, according to the affidavit.
While the military's rules of engagement were loosened during the battle for Fallujah following repeated warnings for noncombatants to leave, the law of armed conflict makes it a crime to kill captured enemy fighters.
Four days after the incident, Weemer was shot three times during fighting in what came to be known as the "Hell House" battle. During that engagement, Weemer and other members of his squad helped save the life of Marine Sgt. Maj. Brad Kasal, who was later awarded a Navy Cross.
Since the start of the Iraq war, 21 Marines and a Navy medical corpsman from Camp Pendleton have been accused of crimes tied to unlawful killings in Iraq.
The most recent case to air in a base courtroom is that of Sgt. John "Johnny" Winnick II of San Diego, a sniper accused of manslaughter in the shooting death last year of two men he believed were planting a roadside bomb.
No bomb or weapons were found, however, and Winnick said during his hearing last week that he sincerely believed the men were planting a bomb and represented a threat. A recommendation on whether he should face court-martial is pending.
Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.
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DESERT BUG wrote on Jul 9, 2008 2:38 PM:More roadshow. Can you imagine? "Weemer and Nelson were both recently jailed by a federal court judge in Los Angeles for refusing to answer a grand jury's continuing investigation into Nazario's role." This defies the law of gravity. Hey, we're floating around in Lah Lah Land, with the government, aided by a Federal Judge, trying to FORCE testimony from Marines who are being prosecuted by the government!! Hello, anybody home?? For those of you who believe these Marines are being persecuted, please google "Euphoric Reality." It's a site dedicated to Sergeant Larry Hutchins.
AWcryinoutloud wrote on Jul 9, 2008 3:46 PM:There is no such thing as an "unarmed" insurgent; especially back in Iraq in 2004. Practically every inch was covered with hidden weapons and ammunition. We're still finding them today for cryinoutloud. What was sanctioned by the Army and Marine Corps in 2004 was NOT a crime. If our government is going to go back four years and "create crimes" from sanctioned incidents of war, when are they going to court-martial the Generals and officers who admonished and sanctioned those incidents? In this country, anyone who shares a part in a crime, is also considered as responsible as the accused. If Americans demand total and pure justice for "ALL", watch how quickly the "falsely alleged crimes" become just incidents of war once again.
AWcryinoutloud wrote on Jul 9, 2008 5:59 PM:It seems to me there's a pattern of the 3/1 and the 3/5 from Pendleton accused of war crimes. The three Marines in this report and Marine sniper Sgt. Winnick are all from the 3/1. Cpt. Dreger, Winnick's superior officer; from the 3/1, of course. The accused Marines from Fallujah 2004; from the 3/1. In Hamdania; the 3/5. If you total all accused in Hamdania and Haditha, and Fallujah, there's a 'minimum' of 20 Marines. Others were lucky. Good Grief! Even IF any of the accusations were true, which I don't believe for one minute, it would mean that the Senior leadership totally sucks. Those Senior leaders should also face courts-martial. Well! In a system that demands Justice.
esteban wrote on Jul 9, 2008 6:15 PM:Who cares about dead insugents? I don't. The Marines will be vindicated, thus angering chris.
DESERT BUG wrote on Jul 10, 2008 11:01 AM:A tip: If you are questioned by law enforcement, all you need tell them is your name and address. If it's a DMV situation you must show them your driver's license and proof of insurance and the registration of the vehicle. Don't lie to them. If you are being interrogated about a crime, you have the right not to answer any questions. If that is the case, get a lawyer and get one who specializes in criminal law or military law, not some guy who does tax law, for example. Don't be buffaloed or intimidated or tricked into saying ANYTHING. Let the lawyer do the talking. Remember the Fifth Amendment and the rights it gives you."...nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..." Some of these Marines were tricked or cajoled into saying things they should NOT have said or discussed with their interrogator.
DESERT BUG wrote on Jul 10, 2008 12:06 PM:Tip continued: Remember also that a law enforcement interrogator has the legal right to LIE to you; telling you for example that there is evidence proving you committed a crime, when in fact there is not. Also, interrogators will make it appear that with just a few simple answers, all will be well and you will be released. You are being tricked into trying to talk your way out of what is being alleged. I repeat, GET A QUALIFIED LAWYER AND SAY NOTHING. Innocent people have gone to prison because they were tricked or coerced into admitting to things they did NOT do. Don't fall for the "good guy", "bad guy" routine where the "good guy" interrogator pretends he is your buddy and wants you to be treated fairly. DON'T PLAY THEIR GAMES, get that lawyer.
AWcryinoutloud wrote on Jul 10, 2008 2:47 PM:To DESERT BUG: You nailed it where you said, "You are being tricked into trying to talk your way out of what is being alleged." It's even in an article on NCIS where they tell that they do this. They admit that by the time they're through they have you doubting yourself. It's all downhill from there. Can you imagine how different it would have been for Larry and the others had they been allowed presence of counsel? There wouldn't have been hours of coerced interrogations. At least they'd have had someone there to guarantee their rights.
DESERT BUG wrote on Jul 10, 2008 5:03 PM:"Now hear this. These are your Miranda rights ~~~~ blah, blah, blah, blah ~~~~ [mumbled real fast]. NOW, I am sure you want to talk to us anyway, right? Let's chat about this little problem, so that we can all go home today. I am sure you can clear this up for us with no problemo. Right pal? OK then." People lose sight that Larry, for example, is a relatively young man and althought he is an excellent warrior, he was not sophisticated in the ways of the NCIS nor any other such interrogators for that matter. These young Marines were indoctrinated to obey their superiors and I believe that they might have been thinking it was their DUTY to talk to the nefarious NCIS interrogators. AW, you are an expert about Larry's case and you've said it well in your posts, so much so, that I am sure many who were ignorant of this horrible persecution are now enlightened. I like the Hutchins family website, "Euphoric Reality" mucho, mucho. In one way or another, I hope everybody keeps beating the drums for Larry and all the other persecuted Marines. Any public outcry helps.
joesixpack wrote on Aug 9, 2008 1:11 PM:Good grief...Does the "butt kissing" Marine Corp brass NEVER give up seeking to throw our young Marine combat troopers under the bus in order to "gratify" the conscience of our national "political elites" who have ordered them into the freaking Iraqi mess? I swear to God, these politicians, NCIS investigators responsible for "trumping up" the phony charges and the Marine Corp prosecutors need to face a firing squad for the damage they have inflicted on the Corp.
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