Sunday, May 11, 2008

U.S. District Court rejects motion to dismiss on behalf of discharged Marine facing MEJA war crimes prosecution

Here's a link to a Marine Corps Times online article about the upcoming federal prosecution of former Marine Corps sergeant Jose L. Nazario. Because he was discharged from the Marine Corps and had no additional service commitment, Mr. Nazario couldn't be prosecuted by court-martial for the alleged homicide of detainees during the Battle of Fallujah in November 2004. He is now facing voluntary manslaughter charges brought in the United States District Court for the Central District of California. His trial is scheduled to start on 8 July.

The article reports that the "Marine Corps has charged two other Marines — Sgts. Jermaine Nelson and Ryan Weemer — with murder and dereliction of duty charges in the alleged shootings." But the article doesn't indicate the status of those prosecutions.

1 comment:

joonkadanmon said...

are you kidding me? this prosecution makes the whole concept of the ucmj a joke, we're going to have a marine tried and judge by a civillian jury who've never taken a military order in their life? and even more shamefully on combat actions?, oh and thought we were all when being prosecuted had to be judge by our peers? can somone please explain to me how a civillian judge and jury is ever going to viewed as this marine's peers?. whats going on in this country and what in the hell are we really defending now?. Ok after the emotional rant, in legal terms this case is truly a no contest and could be heading right for the supremes. Where is congress in this why are'nt they intervening?. Frankly, its my opinion this case is a non starter. I mean even the judge has no jursisdiction over such matters in this case. I believe defense strategy is simply to refuse to offer a defense and hell cert to supremes. Someobody please help me with the legalese here for I am lost. How is this really possible I mean even if one has the most jaded view of "mejia" HELP!!!!!!!!