Legal News

Court-martial in Iraqi unarmed detainee killings begins

By Richard Binder

Opening statements are expected today in the court-martial of one of two Marine Corps sergeants charged with the killing of unarmed detainees during one of the fiercest battles of the Iraq war.

A military panel at Camp Pendleton will have to decide whether Sgt. Jermaine Nelson is guilty of unpremeditated murder and dereliction of duty, or whether he was just following orders from his superiors. Sgt. Ryan Weemer is scheduled to stand trial in a separate court-martial March 30.

Both men have made it difficult for prosecutors by repeatedly refusing to testify against one another.

Their hopes for acquittal also may have been boosted after their former squad leader, Jose Nazario, was tried in U.S. District Court and found not guilty of voluntary manslaughter, assault with a deadly weapon and discharging a firearm during a crime of violence. Some legal experts believe trying Nelson's and Weemer's cases in a military court will help the two defendants because their peers understand the rules of engagement.

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Full post as published by Legal Pad | LA on February 17, 2009 (boomark / email).