Marine being tried in civilian court for battle casualties - XDTalk Forums

Radio Relay · 08-17-2008, 07:59 PM

Ex-Marine Questions Prosecution in Civilian Court

Sunday , August 17, 2008

IRVINE, Calif. —
A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq. In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle.
Nazario is the first military service member who has completed his duty to be brought to trial under a law that allows the government to prosecute defense contractors, military dependents and those no longer in the military who commit crimes outside the United States.
"They train us, and they expect us to rely back on that training. Then when we use that training, they prosecute us for it?" Nazario said during an interview Saturday with The Associated Press.
"I didn't do anything wrong. I don't think I should be the first tried like this," said Nazario, whose trial begins Tuesday in Riverside, east of Los Angeles.
If Nazario, 28, is convicted of voluntary manslaughter, some predict damaging consequences on the battlefield.
"This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?" said Nazario's attorney, Kevin McDermott.

The rest of the story is here: FOXNews.com - Ex-Marine Questions Prosecution in Civilian Court - Politics | Republican Party | Democratic Party | Political Spectrum

gsh341 · 08-17-2008, 08:20 PM

This whole thing is a travesty and a sham.

Nazario's lawyer said this.

Quote:

One of Nazario's defense attorneys, Doug Applegate, said he believes that ultimately the former Marine will be acquitted because of lack of evidence.

"There are no bodies, no forensic evidence, no crime scene and no identities," he said.

If this is true, how can there even be a court case? Only one person said anything about the possibility of there even being a crime and he's facing a trial for it as well. Basically, the only possible witnesses can plead the 5th and end the case.

This case is not even worth prosecuting.

dincote · 08-17-2008, 09:27 PM

totally agree, but the point this people are trying to get across, is that they can molest you, until you give up, for doing what you were trained/told to do.

this is only to mess with our troops minds, nothing else.

this is also the judges fault for allowing this kind of BS to even be presented in front of them.

&)(&%**&$$%#O)^##@$#, I need to go to the range and shoot some anger away.

Jose

**slugger6** · 08-17-2008, 09:29 PM

How can this be allowed to happen?

Barbarossa · 08-17-2008, 10:19 PM

Anything is possible in this state. Thank goodness we have good weather at least.

ricepaddy6869 · 08-18-2008, 08:08 AM

It just Sucks,. Semper Fi.............

**yocan** · 08-18-2008, 08:11 PM

The Supreme court needs to squash this thing and disbar every single person involved.

**TMP** · 08-18-2008, 09:05 PM

+1

Horse dickery for sure.

SeabeeDiver · 08-18-2008, 09:50 PM

Quote:

Originally Posted by yocan

The Supreme court needs to squash this thing and disbar every single person involved.

That's brilliant

. Not their purview to do so (on either account). This is an outgrowth of the items that I MEF has "disposed of" in other manners. Only happens to be that this guy is out of the Marine Corps, so they hit him with a federal case.

blefferd · 08-18-2008, 11:12 PM

well they are in Kalifornia

08-17-2008, 07:59 PM	#1
Radio Relay XDTalk 1K Member Join Date: Mar 2007 Location: Colorado Posts: 1,737	Marine being tried in civilian court for battle casualties Ex-Marine Questions Prosecution in Civilian Court Sunday , August 17, 2008 IRVINE, Calif. — A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq. In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle. Nazario is the first military service member who has completed his duty to be brought to trial under a law that allows the government to prosecute defense contractors, military dependents and those no longer in the military who commit crimes outside the United States. "They train us, and they expect us to rely back on that training. Then when we use that training, they prosecute us for it?" Nazario said during an interview Saturday with The Associated Press. "I didn't do anything wrong. I don't think I should be the first tried like this," said Nazario, whose trial begins Tuesday in Riverside, east of Los Angeles. If Nazario, 28, is convicted of voluntary manslaughter, some predict damaging consequences on the battlefield. "This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?" said Nazario's attorney, Kevin McDermott. The rest of the story is here: FOXNews.com - Ex-Marine Questions Prosecution in Civilian Court - Politics \| Republican Party \| Democratic Party \| Political Spectrum __________________ "All gave some and some gave all. Some stood through, And some had to fall." USMC 68-71, RVN 69-70, 2831
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08-17-2008, 09:27 PM	#3
dincote XDTalk 500 Member Join Date: Sep 2007 Location: Texas Posts: 511	totally agree, but the point this people are trying to get across, is that they can molest you, until you give up, for doing what you were trained/told to do. this is only to mess with our troops minds, nothing else. this is also the judges fault for allowing this kind of BS to even be presented in front of them. &)(&%**&$$%#O)^##@$#, I need to go to the range and shoot some anger away. Jose
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08-17-2008, 09:29 PM	#4
slugger6 XDTalk 25K Member Join Date: Dec 2006 Location: Ohio Posts: 26,702	How can this be allowed to happen? __________________ "What lies behind us and what lies before us are tiny matters compared to what lies within us". - Ralph Waldo Emerson
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08-17-2008, 10:19 PM	#5
Barbarossa XDTalk 500 Member Join Date: Jan 2008 Location: 55 Electoral Votes. Posts: 655	Anything is possible in this state. Thank goodness we have good weather at least. __________________ We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments
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08-18-2008, 08:08 AM	#6
ricepaddy6869 XDTalk Member Join Date: May 2008 Location: Pa. Posts: 90	It just Sucks,. Semper Fi.............
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08-18-2008, 08:11 PM	#7
yocan XDTalk 5K Member Join Date: Feb 2007 Location: Detroit Posts: 5,537	The Supreme court needs to squash this thing and disbar every single person involved. __________________ The three requirements for a school shooting. 1 know the floorplan. 2 Know the threats inside the location and response time/entry time for the police 3. Royally screwed up intelligent analytic mind. We need more laws to protect these three rights. Ban guns in schools, it obviously works.
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08-18-2008, 09:05 PM	#8
TMP XDTalk 2K Member Join Date: Sep 2007 Location: Colorado Posts: 2,728	+1 Horse dickery for sure. __________________ ______________________ Para Ordnance PRX1445 Limited Edition RRA Elite Comp Stag Model 2 (home build) XD45 Tactical XD9 Subcompact (Yel/Grn TFO's) Wilson Border Patrol 870 Green (Surefire 618FA forend with light) Beretta U22 Neos INOX Ruger 10/22 #8. If this is your first night at 'Fight Club', you have to fight.
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08-18-2008, 11:12 PM	#10
blefferd XDTalk 2K Member Join Date: Jul 2005 Location: VA Posts: 2,440	well they are in Kalifornia __________________ ____________________________ NEF 20 Guage Parder Model (single shot) S&W 642 .38
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