Fallujah killing case sent to the jury

[unhappycamper]

Former Marine Sgt. Jose Luis Nazario Jr., 28, is accused of shooting detainees during the 2004 battle of Fallujah, in Iraq. It's a precedent-setting prosecution with the possibility of a precedent-setting conviction that would expose all former military personnel to prosecution in civilian federal court for actions in combat. The trial starts on Tuesday, Aug. 19, 2008 in Riverside, Calif.


Fallujah killing case sent to the jury
By Gidget Fuentes - Staff writer
Posted : Wednesday Aug 27, 2008 19:20:17 EDT

RIVERSIDE, Calif. — A jury of 12 began to deliberate Wednesday afternoon in the case of a former Marine infantry squad leader accused of killing unarmed Iraqis during a key 2004 battle.

Former Sgt. Jose L. Nazario Jr., is facing federal charges of voluntary manslaughter, assault with a deadly weapon and use of a firearm in committing a violent crime.

The jurors — three men, nine women — received the case against Nazario, 28, after government prosecutors rested Wednesday morning, the trial’s fifth day. The verdict must be unanimous.

The defense presented no testimony, and lead defense attorney Kevin McDermott reminded jurors that the government has the burden of proving Nazario’s guilt.

At issue is whether Nazario, then a squad leader, murdered the men he and his Marines encountered inside a Fallujah house Nov. 9, 2004. Members of the Camp Pendleton-based 3rd Battalion, 1st Marines, moved through the northern part of the city that morning, clearing houses, fighting armed insurgents and capturing 30 detainees during the first day of what became a 10-day bloody fight for control of the city.


Rest of article at: http://www.marinecorpstimes.com/news/2008/08/marine_nazario_082708/%2e