Fate of ex-Marine accused in Iraqi prisoners' deaths now in jury's hands
The panel in Riverside began deliberations this afternoon in Jose Nazario's trial. Earlier today, jurors heard a tape in which Nazario appears to admit ordering the 2004 killings in Fallouja.
A federal jury in Riverside began deliberating this afternoon in the trial of former Marine Sgt. Jose Nazario, who is charged with manslaughter, assault and use of a firearm in the alleged execution of four unarmed Iraqi prisoners.
The case against Nazario is highly unusual. It is the first time under a little-known 2000 law that a former member of the military is being tried in federal court in an alleged crime committed in combat. Nazario has pleaded not guilty to the charges.
Earlier today, jurors heard a tape recording in which Nazario appears to admit giving orders to kill the four Iraqis in a battle in Fallouja.
In the recording of a conversation between Nazario and Marine Sgt. Jermain Nelson, Nelson -- at the urging of the Naval Criminal Investigative Service -- sought to get Nazario to make incriminating statements.
On the tape, Nelson, using a derogatory word for the Iraqis, was heard asking Nazario: "Who gave us the orders to kill those four . . . ?"
Nazario on the recording is heard replying: "I did."
Nazario then explained to Nelson that they could not take time to process the four Iraqis as prisoners because "we were moving."
The recording was made during an investigation into the events of Nov. 9, 2004, when the Marine squad led by Nazario stormed a house in Fallouja.
Pressed by Nelson about whether what they did was illegal, Nazario said: "What we did wasn't illegal. . . . You can't play Monday morning quarterback."
The taped conversation took place Jan. 8, 2007, as military and civilian investigators were probing the deaths.
After playing the tape for the jury, federal prosecutors rested their case. Defense attorneys also rested their case without calling a single witness. Nazario did not testify.
During the trial, prosecutors have called on numerous Marines to tell jurors how Marines are trained not to harm prisoners and noncombatants.
In instructions to the jury, U.S. District Court Judge Stephen Larson emphasized the ban on killing prisoners, telling jurors: "Warfare is regulated by law."
In closing arguments, Assistant U.S. Atty. Jerry Behnke told jurors to leave their own views about the war or about combat out of their decision making.
"This case is not about Iraq and whether you support or oppose the war," he said. "As horrible as combat is, while the Marines were under horrible circumstances that morning, that was what they had been trained to handle."
Behnke also told jurors it wasn't their role to determine whether a former Marine should be tried in federal court.
"Even if you disagree with that law, it is your duty as jurors to enforce it," he said.
Defense attorney Kevin McDermott told jurors that a guilty decision could endanger Marines and soldiers by making them second-guess themselves in combat out of fear of prosecution.
"Do not make the job harder for young men," he said.
Nelson and Sgt. Ryan Weemer, who remain on active duty, face murder charges in military court in the shooting deaths.
In separate interviews before they retained counsel, Nelson and Weemer said that, upon orders from Nazario, they each killed a prisoner and Nazario killed two. Weemer's admission came in a job interview with the Secret Service; Nelson made his admission to an agent for the Naval Criminal Investigative Service.
tony.perry@latimes.com
