IRAQ: Can civilian jurors understand combat decisions?

Former Marine Sgt. Jose Nazario goes on trial Tuesday in U.S. federal court for the alleged killing of four Iraqi prisoners during the battle for Fallouja in November 2004.

It marks the first time a federal law has been used to prosecute a former Marine or soldier for actions taken during combat. Nazario's supporters doubt that civilians can possibly understand the mayhem and trauma of combat to render a fair verdict.

"My nightmare is 12 soccer moms [on a jury] trying to understand rules of engagement, 'hostile-intent' and all the other things that confront a Marine in combat," said Kevin McDermott, one of Nazario's lawyers.

Nathaniel Helms, Vietnam veteran, author and military blogger, is worried that prosecutors will make Fallouja sound less chaotic than it was. On the blog www.defendourmarines.com, he wrote:

"In reality, the situation was far from the calm, organized environment the government prosecutors apparently intend to present to the oblivious civilian jury. The fighting was so fierce that the (3rd battalion, 1st Marine regiment) Battalion Aid Station received 197 combat casualties  out of the 1,250-man reinforced battalion during the first 96 hours, according to Marine Corps records."

Many wounded Marines had to wait an hour or more to be evacuated because insurgents were attacking the roads and the aid staton. Also, Marine brass changed the rules of engagement in mid-battle to allow Marines to shoot unarmed insurgents who were thought to be running to a spot where they could pick up weapons, Helms writes.

Read more on the Nazario case.

-- Tony Perry, in San Diego

Photo: Former Marine Sgt. Jose Nazario. Credit: Associated Press

Comments

[josh]

This should be tried in a military court. At least these soldiers would have a jury of their peers. Having a bunch of rich lawyers and rich judges - who never saw the inside of a uniform, who never saw bullets flying over their heads - try this case doesn't seem like justice.

At least not American justice.

[RichP]

When somebody is tried for armed robbery, nobody demands that an armed robber be a member of the jury. This case should really be tried in an Iraqi court.

[Leon]

As a former Marine and current police officer, I can't help but sympathize with the position that this fellow Marine has been thrust into. The Soldiers, Sailors, Marine and Airmen are the ones wielding the sword of our country and big business. They may or may not agree with why they are there but they all volunteered. If it wasn't for volunteers. There would be a draft. Which would never happen, since the middle class and lower class have been give that privilege of serving our country.

It is a new day and age when our troops are being prosecuted in a civilian court for something that happened a half a world away. Most civilians have no clue what it is like to serve in a small unit.

These guys are making decisions under fire and under stress. Enormous amounts of stress. I trust that the decisions that they make are the right ones. This is an insurgent war. There are no defined battle lines or sides.

There are some troops who commit righteous crimes against the citizenry, to include women and children. This was not one. I don't think that Sgt Nazario had the luxury to contemplate the orders given to him over the radio. These insurgents could have readily re-armed themselves and re-engaged these Marines from the rear.

I have seen gang members get away with murder (DA rejects). Those cases had a lot more evidence than this one.

If we're going to start prosecuting Marines for collateral damage, pilots should not be exempt. The courts would be full of fighter/bomber pilots who have done the exact same thing. Except they didn't get their boots dirty.

Semper Fi

[omond]

Correction: "We do NOT have to agree with the decisions of our soldiers."

[omond]

Intriguing question. A parallel question would be "can law-abiding citizens understand criminal decisions?" The answer is, of course.

Our soldiers have to make decisions that our country agrees with. We do have to agree with the decisions of our soldiers. Look to Africa's martial states to see what happens when the people in charge of a country are wearing uniforms.