IRAQ: Marines learn to give camels the right-of-way

Camels

Camels have been part of the desert warfare environment since long before Lawrence deployed to Arabia.

As the Marines patrol the vast open spaces of Anbar province, they've had to learn how not to encroach on the camel's sense of entitlement to walk/run/jog wherever it wants.

To help the Marines, camel scenarios are part of a computerized convoy trainer called the Deployable Virtual Training Environment in which drivers have to react to various threats. Some Marines get the training while they're stateside, others on ships bound for the Persian Gulf.

Learning to navigate among camels has taken its place among other hazards of Anbar such as insurgents and roadside bombs.

— Tony Perry, in San Diego

Photo: A Marine Patrol last week near Lake Habbaniyah giving a wide berth to two camels during Operastion Bonneville Flats. Credit: Marine Corps

 

IRAQ: Are rules of engagement real rules or just words?

Gunsxx The talk at Camp Pendleton in recent days has been about the rules of engagement, which are meant to tell Marines in Iraq or Afghanistan when it's OK to use their weapons.

In HB0's new miniseries, "Generation Kill," which had its premiere on base last week, the Marines are constantly debating whether using deadly force in a specific incident is covered by the rules.

Much the same kind of debate is being heard in courtrooms where Marines are charged with abuses in Fallouja, Haditha and the Tharthar Lake region. Prosecutors routinely note that Marines get multiple lectures on the rules of engagement; defense attorneys counter that the rules are vague.

On Monday, a hearing officer in a case involving a Marine sniper who killed two Syrians and wounded two others seemed to want it both ways: He recommended that manslaughter and assault charges be dropped but that the Marine receive nonjudicial punishment for breaking the rules of engagement by not having positive identification that his targets were hostile.

Evan Wright, who wrote the book that is the basis for "Generation Kill,'' came to have a jaundiced view of the rules of engagement during his six weeks with a Marine reconnaissance battalion during the U.S.-led assault on Baghdad in 2003:

"However admirable the military's attempts are to create ROE, they basically create an illusion of moral order where there is none. The Marines operate in chaos. It doesn't matter if a Marine is following orders and ROE, or disregarding them.

"The fact is, as soon as the Marine pulls the trigger on his rifle, he's on his own. He's entered a game of moral chance. When it's over, he's as likely to go down as a hero as a baby killer. The only difference between [a Marine in the book] and any number of Marines who've shot or killed people they shouldn't have is that he got caught."

Tony Perry, at Camp Pendleton

Photo: Marines at Camp Pendleton training for deployment to Iraq. Credit: Los Angeles Times

 

IRAQ: Lawyer: Marine tricked in prisoner killing case

Nelson Marine Sgt. Jermaine Nelson made admissions during a taped interview with a Naval Criminal Investigative Service agent that could go a long way toward convicting him of killing Iraqi prisoners during the fight for Fallouja in late 2004.

On the tape, played in a preliminary hearing last week at Camp Pendleton, Nelson said that he, Sgt. Ryan Weemer and Sgt. Jose Nazario fatally shot four prisoners rather than take time to process them according to the laws of war.

But Joseph Low, Nelson's attorney, argued in a Camp Pendleton courtroom Monday that the statements should be ruled inadmissible because they were obtained, in effect, through trickery.

Low told a judge, Lt. Col. Jeffrey Meeks, that the NCIS agent did not read Nelson his rights until midway through the interrogation. Also, Low said, Nelson had just been told by a noncommissioned officer that he had done nothing wrong and thus felt he was free to talk in gruesome detail.

It's common in military and civilian courts for defense attorneys to try to keep juries from hearing damaging statements their clients made to the police.

But the issue of whether the Marine Corps has protected the legal rights of Marines accused of abuse in Iraq has arisen before.

The prosecution of Lt. Col. Jeffrey Chessani, the battalion commander in the Haditha case involving the deaths of 24 Iraqis in 2005, may unravel unless the prosecutors succeed in getting an appeals court to overrule a military judge. That judge, Col. Steven Folsom, ruled that the convening authority erred by letting a lawyer involved in the early investigation of the Haditha killings sit in on meetings where the case was discussed.

If the Chessani case falls apart, the case against Sgt. Frank Wuterich, the squad leader whose troops did the killings in Haditha, may also be thrown out on similar grounds.

In the Nelson case, Meeks set a hearing for later in the summer to hear arguments.

Tony Perry, at Camp Pendleton.

Photo: Sgt. Jermaine Nelson, accused of murder in the alleged killing of prisoners in Fallouja in late 2004.

 

IRAQ: Marine taped calls in Fallouja killing probe

Nelson

Marine Sgt. Jermaine Nelson spent 18 days in federal jail recently for refusing to answer questions from a grand jury about the alleged killing of Iraqi prisoners, particularly the involvement of former Sgt. Jose Nazario.

But in a tape-recorded interview with a Naval Criminal Investigation Service agent a year earlier, Nelson, in graphic terms, explained how he, Nazario, and Sgt. Ryan Weemer killed prisoners during the battle in Fallouja in late 2004. Part of the tape was played Thursday at a preliminary hearing at Camp Pendleton for Weemer.

Nelson also agreed to act as a confidential informant for the NCIS and taped one or more phone calls with Nazario, according to testimony by an NCIS agent.

The feds wanted to know who allegedly asked Nazario over the radio "Are they dead yet? Are they dead yet?" when Nazario reported that the Marines had taken four prisoners. Nazario allegedly took the question as an order to kill the prisoners.

Weemer and Nelson are charged in military court with murder. Nazario faces manslaughter charges in federal court in Riverside.

If prosecutors at either the Marine Corps or the U.S. attorney's office know who asked "Are they dead yet?," they have yet to reveal that in court.

-- Tony Perry, at Camp Pendleton

Photo: Marine Sgt. Jermaine Nelson.  Credit: Marine Corps Times

 

IRAQ: Marines admit they killed prisoners

Ryan_2 At an Article 32 preliminary hearing Thursday for Marine Sgt. Ryan Weemer, above, he and Sgt. Jermaine Nelson were heard on taped interviews telling how they and a third Marine killed four prisoners during the battle for Fallouja in late 2004.

It was some of the most graphic (and profane) testimony heard at one of the many hearings at Camp Pendleton involving allegations of misconduct in Iraq.

Weemer, 25, and Nelson, 26, face murder charges in the military system; former Sgt. Jose Nazario, 27, is charged with manslaughter in federal court in Riverside.

Nelson, in an interview with a Naval Criminal Investigative Service agent, said that Nazario told him, "I'm not doing this [expletive] all my myself. You're doing one and Weemer is doing one."

Nelson added that he watched as Nazario shot a handcuffed prisoner at point-blank range. "He hit the dude in the forehead, the dude went down, and there was blood ... all over his [Nazario's] boots."

Then it was Weemer's turn, Nelson said, to kill a prisoner with his service pistol: "He shot him and the dude was on the ground and rolling, and [Weemer] was shooting, shooting, shooting, shooting, shooting."

In a job interview with the Secret Service, Weemer is heard saying that there were several instances of Marines killing prisoners during the fight for Fallouja. His comments during the 2006 interview sparked the investigation that led to criminal charges against the three.

Weemer, once praised as a hero by the Marine Corps, now faces murder and dereliction of duty charges. He told the interviewer that the Marines did not have time to process the prisoners because they needed to support other Marines sweeping the insurgent stronghold.

Weemer, in his interview, said his platoon had been ordered to storm the house the insurgents were in as a way to "get our heads back in the game" after a Marine had been killed earlier in the day by an insurgent sniper.

After the preliminary hearing, the hearing officer will recommend to Lt. Gen. Samuel Helland whether the case should go to a court-martial.

During his interview, Nelson said that he had been bothered by the killings and seen the faces of the dead prisoners in his dreams.

— Tony Perry, at Camp Pendleton

Photo: Sgt. Ryan Weemer entering the courtroom for his preliminary hearing. Credit: San Diego Union-Tribune.

 

IRAQ: Marines laugh, hoot, then go silent at HBO's 'Generation Kill'

Hbokk

The upcoming HBO miniseries "Generation Kill" may have faced its toughest, certainly its most knowledgeable, audience at its premiere Wednesday night at Camp Pendleton.

Several hundred Marines and several dozen spouses watched the first two episodes of the seven-part series, taken from Evan Wright's bestselling book about the 1st Reconnaissance Battalion during the six-week assault on Baghdad in 2003.

The Marines laughed and hooted in appreciation at the profanity, the hard-edged joking and the blatant disrespect shown toward certain officers (other officers are shown as figures worthy of admiration).

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IRAQ: Marine set for hearing in Fallouja killings

Ryanxx Marine Sgt. Ryan Weemer, accused of murder in the alleged killing of prisoners during a battle in Fallouja in late 2004, is set for an Article 32 (akin to a preliminary hearing) at Camp Pendleton on Thursday.

It may be the first time that details of the incident are aired publicly. Weemer and Sgt. Jermaine Nelson are accused in the military system; former Sgt. Jose Nazario awaits trial in federal court.

Weemer, 25, was out of the Marine Corps and trying to join the Secret Service when he mentioned the alleged killings during a job interview. That set off an investigation that led to charges against him, Nelson and Nazario. Weemer was recalled to active-duty so that he could be charged.

Weemer spent 21 days in federal jail on a contempt of court citation for refusing to testify to a federal grand jury about the incident. He and Nelson were released last week after a judge concluded that they would never break their silence.

It's been a long fall from the Marine Corps' good graces for Weemer. Wounded three times during the 11-day battle, he received the Purple Heart and also a Navy and Marine Corps Commendation Medal for bravery and leadership.

The commendation, signed by the-Maj. Gen. Richard Natonski, says that Weemer, confronted with heavily-armed and barricaded insurgents, "quickly formulated a plan and personally led an assault on the enemy position, killing two insurgents with his M-9 service pistol. Cpl. Weemer then charged into the enemy kill zone hunting for remaining insurgents when he was wounded."

Although wounded, the commendation continues, Weemer pulled one wounded Marine to safety and organized a rescue team that saved another. His actions, Natonski wrote, were in keeping with "the highest tradition of the Marine Corps."

Tony Perry, in San Diego

Photo: Sgt. Ryan Weemer. Credit: family website, www.defendingahero.org

 

IRAQ: Marine Corps keeps its distance from HBO series

Hbo

Camp Pendleton on Wednesday night plays host to the red carpet premiere of "Generation Kill," the HBO series that starts Sunday from the bestselling book of the same name.

Author Evan Wright was embedded with 1st Reconnaissance Battalion during the assault on Baghdad in 2003. In his book, the Marines come off as brave, resourceful and compassionate toward noncombatants. On the other hand, there's an enormous amount of X-rated language and disrespect toward certain officers. The assault is seen as bold but rife with foul-ups.

On the eve of the premiere, the Marine Corps distanced itself from the work in an official statement:

"The United States Marine Corps does not officially endorse HBO's miniseries, 'Generation Kill.' Camp Pendleton is grateful to HBO for its willingness to provide free, off-duty entertainment to Camp Pendleton's Marines, sailors and their families."

-- Tony Perry, in San Diego

Photo: Scene from "Generation Kill." Credit: HBO

 

IRAQ: A mother's poem about a Marine sniper

Johnny

When Marines at Camp Pendleton are charged with misconduct in Iraq, their families rally to their defense.

The mother of Robert Pennington, one of the Hamdaniya defendants, testified about watching her son deteriorate psychologically in the brig.

The sister of Trent Thomas, also one of the Hamdaniya defendants, testified about the hardships of growing up poor and black in East St. Louis and how her brother dropped to his knees and thanked God when he was accepted into the Marine Corps.

The mother of Justin Sharratt, one of the Haditha defendants, told reporters that in her heart she knows her son killed Iraqis only in self-defense.  "I'd rather get a phone call from my son (saying he is facing charges) than have two Marines come to my door telling me he's dead."

At his preliminary hearing this week at Camp Pendleton, the family of Sgt. Johnny Winnick was there in force: mother, father, two sisters, one brother, one brother-in-law.

Winnick, a sniper, is accused of manslaughter and assault in killing two Syrians and wounding two others in the Lake Tharthar region. He says he opened fire because he thought the men were trying to bury an improvised explosive device, or IED, to kill Marines.

After hearing last month that her son faced charges, Dorothy Winnick wrote a poem entitled "I Sent My Son To War." The full poem, chronicling her son's enlistment at 17, four deployments, and criminal case at age 24, is posted on the website www.johnnywinnick.com.

One section deals with her son's experience during the battle for Fallouja in 2004. It may -- or not -- explain why he reacted so quickly when he saw the Syrians last year burying what he thought was an IED.

He fought in the biggest and deadliest battle of the war, the battle of Fallujah
He stormed houses. He searched for the enemy
The explosions were tremendous, the gunfire relentless, and blood covered the streets
He fought, he prayed, I prayed, he was hit but nothing happened, he stepped on an IED but nothing happened.
I prayed, he prayed.

-- Tony Perry, at Camp Pendleton

Photo: Sgt. Johnny Winnick, facing charges for misconduct in Iraq. Credit: family website

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IRAQ: The voice of a Marine

Johnny A highpoint of press coverage of proceedings at Camp Pendleton involving allegations of Marine misconduct in Iraq comes when the accused makes a statement.

Such statements are usually unsworn, meaning the defendant cannot be cross-examined by prosecutors.

Reporters think it's important to describe not just what the Marine said but how he said it.

Take the preliminary hearing this week for Sgt. Johnny Winnick, the sniper accused of manslaughter and assault in the killing of two Syrians and wounding of two others.

The hearing officer will make a recommendation to the commanding general about whether the case should go to court-martial.

In his statement, Winnick, 24, of San Diego, said he fired on the Syrians because he thought they were planting a roadside bomb that could kill Marines.

And how did he deliver his statement? Take your pick:

North (San Diego) County Times: "in a clear, calm voice."

Los Angeles Times: "in a clear, strong voice."

San Diego Union-Tribune: "in a shaky voice."

— Tony Perry, at Camp Pendleton

Photo: Sgt. Johnny Winnick, accused in killing/wounding of Syrians. Credit: Winnick family

 

IRAQ: Wounded Marine's death a 'probable' suicide

Sean For a year, Marine Sgt. Sean Webster had been assigned to the Wounded Warrior Battalion at Camp Pendleton, the Marine Corps' effort to make sure Marines and sailors wounded in Iraq or Afghanistan get the medical and psychological care they need.

Webster, 23, was severely injured by an anti-tank mine explosion in September 2005 near the Iraqi border with Syria. He underwent 14 surgeries to repair an arm and leg ripped apart by shrapnel.

At the Wounded Warrior Battalion, he felt at home. He was the barracks manager and provided encouragement to the other guys, urging them not to get despondent. Forty-one troops live at the barracks. Staffers are tracking another 600 to make sure they're getting appropriate help.

"I'm a wounded Marine and I know what these guys are going through," he told the North (San Diego) County Times in a story published June 20.

Like many wounded Marines, Webster wanted to remain in the Corps. "What I'd really like to do is stay as a staff member here," he told the newspaper.

On June 23, Webster's body was found in an isolated part of the base. His funeral is set for 2 p.m. Saturday at Christ Episcopal Church in Charlottesville, Va.

The Naval Criminal Investigate Service is probing the death as a "probable" suicide.

-- Tony Perry, at Camp Pendleton

Photo: Marine Sgt. Sean Webster worked with wounded Marines. Credit: Associated Press

 

IRAQ: To shoot or not to shoot is the question

Johngun_2 In the end, the criminal case against Marine sniper Sgt. Johnny Winnick (pictured) may boil down to the simplest but yet most confounding question facing troops in Iraq: When can a Marine or soldier use deadly force against a suspected insurgent?

It's a question not even supposed experts can agree on. During the preliminary hearing completed Wednesday, a Marine lieutenant testified that he asked two majors — one a lawyer, the other a battalion executive officer — and got contradictory explanations.

Winnick is charged with manslaughter and assault for killing two Syrians and wounding two others.

Winnick says he opened fire because he believed the men were planting a roadside bomb, but no bomb was found. His superiors say he lacked the "positive identification" and "reasonable certainty'' needed to squeeze the trigger.

But what do those terms mean, particularly for snipers whose job is to kill the enemy from ambush at long range?

Winnick's attorney, Gary Myers, tried to get one of Winnick's fellow snipers to define "reasonable certainty." The young Marine said that, well, reasonable certainty means being reasonably certain.

"This is all words," said an exasperated Myers.

An officer testified that reasonable certainty means being "85% certain." Another said it means being "pretty damn sure."

A Pentagon expert called by Myers disagreed with the "85% certain" rule. He thinks young troops are being given confusing and contradictory guidelines by their superiors. He's written about his concerns in a tome titled ''Combat Self-Defense: How to Save America's Warriors From Risk-Adverse Commanders and Their Lawyers."

The hearing officer in Winnick's case will send a recommendation within 10 days to Lt. Gen. Samuel Helland about whether the case should go to court martial, be dropped or handled administratively.

Helland may have his own views. He began his military career as an enlisted soldier attached to Army Special Forces in Vietnam.

— Tony Perry, at Camp Pendleton

Photo: Sgt. Johnny Winnick, with sniper rifle in Iraq. Credit: Winnick family

 

IRAQ: Group pleads for judge to release Marine

Marine77 A group supporting Marine Sgt. Jermaine Nelson has written to U.S. District Judge Stephen Larson pleading with the jurist to order Nelson released from jail in San Bernardino.

Larson ordered Nelson jailed last week after he refused to answer questions from a federal grand jury about the alleged killing of prisoners during a battle in Fallouja in 2004. The jury is particularly interested in former Sgt. Jose Nazario, who faces manslaughter charges in federal court.

By law, Nelson could remain in jail during the term of the grand jury, which is 18 months. Nelson faces charges in the military court system and is concerned that his testimony to the grand jury will be used by military prosecutors. He has also said he won't testify because Nazario saved his life during combat.

The letter writers note that Nelson has served three tours in Iraq and was also part of a humanitarian mission to the Philippines. The group suggests that keeping Nelson in jail will demoralize active-duty personnel and discourage young people from enlisting.

"Please consider the service of this young man, and the damage to his future, to the future of the United States military, and most importantly, to the future of the United States of America if he remains jailed with hard-core criminals (murderous gang members, drug dealers and rapists) simply because he remains loyal and faithful to his nation and the U.S. Marine Corps as he has been trained to do."

Signing the letter were Penny Alfonso, a registered nurse; retired Marine Col. G.I. Wilson; retired attorney Carolyn Blashek; and William McNulty, secretary of the Marine Corps Intelligence Assn., a group of active-duty and former Marines involved in intelligence gathering and analysis.

-- Tony Perry, in San Diego

Photo: Marines during battle in Fallouja.  Credit: Luis Sinco / Los Angeles Times

 

IRAQ: Marine receives Bronze Star for bravery.

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In a ceremony Friday at Camp Pendleton, Marine Cpl. Francisco J. Valles received the Bronze Star for bravery and leadership during an attack by Iraqi insurgents Aug. 2.

When his patrol was ambushed, Valles helped pull a wounded Marine to safety, provided emergency aid to several others, and killed a suicide-bomber who was dashing toward the Marines.

''I shot him in the chest and he blew up," Valles said matter-of-factly.

On his wrist, Valles wears a bracelet with the name of his best friend, Lance Cpl. Christian Vasquez, who was killed in the attack. "He was with me that day, he'll always be with me," he said.

Valles, who grew up in Montebello, Calif., is set to redeploy to Iraq in August with the 1st Light Armored Reconnaissance Battalion. He said he hopes to use his experience to help younger, less seasoned troops.

"I want to go back so I can make sure all the Marines who go with me come back alive," he said.

Valles is 21 years old.

Tony Perry, at Camp Pendleton

Photo: Cpl. Francisco Valles. Credit: Tony Perry/Los Angeles Times

 

IRAQ: Two Marines in jail, others upset

Fight9_2 It would be an understatement to say that there are Marines who are extremely upset that a federal judge in Riverside has jailed two of their colleagues for refusing to testify against a former Marine.

U.S. District Court Judge Stephen Larson has ordered Sgt. Ryan Weemer and Sgt. Jermaine Nelson jailed for refusing to answer questions before a grand jury investigating the actions of former Sgt. Jose Nazario. Nazario is charged with killing insurgent-prisoners during the battle for Fallouja in late 2004.

One thing that angers some Marines is that Weemer is not being paid while he's in jail, and Nelson will stop being paid once he runs out of leave. By law, the two could spend 18 months in jail, the duration of the grand jury.

Nazario is being prosecuted by the U.S. Attorney's Office under the Military Extraterritorial Jurisdiction Act passed by Congress in 2000. The primary aim of the law is to give federal prosecutors the power to charge U.S. contractors, military dependents and federal government civilian employees for crimes allegedly committed in foreign locations.

The law also gives prosecutors the ability to charge personnel who have left military service and therefore are not subject to military law -- in this case Nazario, who was a probationary Riverside police officer when allegations surfaced about Fallouja.

The Nazario case, and the jailing of Weemer and Nelson, appear to be the first instances of any U.S. Attorney's Office using the 2000 law to charge a former soldier or Marine with a crime for actions taken during combat. The law was used to charge a former soldier with raping an Iraqi girl, but that action was in no way linked to combat, Marines supporting Weemer and Nelson point out.

Larson is apparently not unmindful of the Marines' concerns. In declaring Nelson in contempt of court this week, the jurist said that "there are few things that give me less pleasure."

"I have profound respect for his service to our country," Larson said. "Everyone in this courtroom is indebted to him."

Still, the law is the law, Larson said in approving the prosecutors' request to put Nelson in jail until he decides to testify.

-- Tony Perry

Photo: Marine dodging sniper bullets during the battle for Fallouja. Credit: Luis Sinco / Los Angeles Times

 

IRAQ: Second Marine jailed for refusing to testify

Insurge

A federal judge in Riverside on Tuesday ordered a second Marine jailed for refusing to testify before a grand jury probing the alleged killing of four insurgents by Marines during the fight in Fallouja in late 2004.

U.S. District Court Judge Stephen Larson ordered Sgt. Jermaine Nelson jailed after finding him in contempt of court. On June 12, Larson made a similar ruling toward Sgt. Ryan Weemer.

Federal prosecutors want Nelson and Weemer to testify about what happened during the battle, particularly the actions of former Sgt. Jose Nazario, who is accused of manslaughter for allegedly killing prisoners. Nazario is set for trial in August.

Nelson and Weemer face charges at Camp Pendleton and have been granted immunity for their testimony to the civilian grand jury. But lawyers say their clients are concerned that military prosecutors will use the testimony against them.

Nazario is charged in federal court because he is now a civilian. Nelson was jailed for a week before a Los Angeles judge released him when he promised to attend a June 18 session of the grand jury. When he refused at that session to answer questions, prosecutors asked Larson to reinstate the contempt of court order.

Nelson's attorney, Joseph Low, said his client is determined not to provide testimony against Nazario, who saved his life in Iraq. "He's as committed now as he's ever been," Low said.

Low plans to appeal Larson's order to the 9th Circuit Court of Appeals.

--Tony Perry, in San Diego

Photo: Marines hunting insurgents in Fallouja, 2004. Credit: AFP/Getty Images

 

IRAQ: Marines to turn over Anbar province to Iraqis but remain to advise

a Marine in Anbar province

After four years of effort, the Marines this week are set to turn security responsibility for once-violent Anbar province over to the Iraqi security forces.

But that does not mean the Marines are leaving the sprawling western province.

Marines will remain for the forseeable future, working with the Iraqi police and army, providing backup if insurgents attempt a counter-offensive to regain turf they once controlled.

The Marines, as well as Army units, have fought two major battles in Anbar (Fallouja, 2004) and innumerable smaller ones. According to the independent website www.icasualties.org, the U.S. has suffered 1,127 deaths in Anbar, second only to Baghdad, with 1,129.

Maj. Gen. John Kelly, the top Marine in Iraq, said the insurgents have not been totally defeated in Anbar, but they have been "generally neutralized in the cities and disrupted in the towns and villages."

"They are restricted to the wilds of the desert and separated from the population they sought to oppress," Kelly said. "Increasingly they appear as criminal gangs who extort, murder, and steal to maintain relevance."

Some observors are concerned that the Sunni sheiks, with whom the Marines have formed an alliance of convenience, will return to the vindictive ways of tribal justice, including torture and summary executions. Kelly disagrees and remains convinced that the sheiks will continue to support the security forces and the province's reconstruction efforts.

— Tony Perry, in San Diego

Photo: Lance Cpl. Carey Tennison patrols Husaybah, a farming and smuggling community along the Iraqi border with Syria. Photo credit: Tony Perry/Los Angeles Times

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IRAQ: Marine convicted of murder sent to Leavenworth prison

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Pvt. Lawrence Hutchins, convicted as the ringleader in the execution of an unarmed Iraqi by a squad of Marines, has been transferred from the brig at Camp Pendleton to the military's only maximum-security prison, at Ft. Leavenworth, Kan.

Hutchins, 24, of Plymouth, Mass., is serving an 11-year sentence for conspiracy and unpremeditated murder for the April 2006 killing in Hamandiya, west of Baghdad.

A military jury found that Hutchins, who was then a squad leader and sergeant, organized and led the unofficial mission to kill an Iraqi as a warning to insurgents to stop attacking Marine convoys.

Six other Marines and a Navy corpsman were convicted in the case; all served less than two years and are now free. One of the Marines is back in Iraq.

Hutchins' transfer was first reported on a MySpace page devoted to his defense, including pictures, videos, poetry, country-Western music and a plea for donations to help pay legal bills. The move was later confirmed by the North (San Diego) County Times.

The military jury that convicted Hutchins sentenced him to 15 years and a dishonorable discharge. Lt. Gen. Samuel Helland, commanding general of Marine Forces Central Command, turned down pleas from Hutchins' family to issue a pardon but did reduce the sentence to 11 years.

The case is on appeal. Even if the appeal fails, Hutchins will probably only serve a portion of the 11 years, if the military follows the pattern set during the Vietnam War for service personnel convicted of similar offenses.

— Tony Perry in San Diego

Photo: A banner outside Camp Pendleton calling for support for Hutchins and the two remaining defendants in the Haditha case, Staff Sgt. Frank Wuterich and Lt. Col. Jeffrey Chessani. Credit: Tony Perry / Los Angeles Times

 

IRAQ: Federal prosecutors seek to jail 2nd Marine in alleged prisoner killings

  1. Blues1

    UPDATE: The judge Friday afternoon continued the hearing until Tuesday.

A court session is set for Riverside so a judge can hear a request by federal prosecutors to put a second Marine in jail for refusing to answer questions about the alleged killing of prisoners by Marines during the 2004 battle in Fallouja.

Sgt. Ryan Weemer, left, was jailed June 12 after refusing to testify in front of a grand jury about the alleged killing of four prisoners.

Prosecutors this afternoon will seek to have a judge also order Sgt. Jermaine A. Nelson sent to jail on a similar finding of contempt of court.

Weemer and Nelson are charged in the military system at Camp Pendleton in connection with the alleged killings. But they have refused to speak to the civilian grand jury lest their testimony be used against them in their courts-martial. Federal prosecutors have attempted to assure them that the law prohibits Marine prosecutors from using their testimony.

Nelson was jailed for a week after refusing to testify in May. He was released after promising to listen to questions at a grand jury session. But he refused to testify again this week.

No hearing is set for Weemer, according to his attorney, Paul Hackett. By law, someone declared to be in contempt of court can be jailed for the term of the grand jury, which in this case is 18 months.

Hackett said Weemer has given sworn statements to the Secret Service and Naval Criminal Investigative Service. He accused prosecutors of attempting to "second-guess Marines fighting house to house in Fallouja. I don't think that's what the American people want."

Prosecutors allege that Weemer, Nelson, and former Sgt. Jose Nazario killed prisoners. Nazario is charged in federal court.

— Tony Perry in San Diego

 

IRAQ: Bomb disposal in big demand

Getprev32 One job specialty has been in particularly high demand among Marines in Iraq and Afghanistan: explosive ordnance disposal.

EOD specialists are assigned to find and destroy roadside bombs and other ordnance. The roadside bomb continues to be the top killer of American troops.

The demand for Marines skilled in EOD has outstripped the supply.

The Marine Corps Times reports that to fill vacancies in EOD the Marine Corps has been offering promotions and reenlistment bonuses of $52,000 to $80,000. If the Marine reenlists while in Iraq, the bonus is tax-exempt. But to get the money, he has to complete EOD training at Eglin Air Force Base, Fla.

By the end of October, the Marines, at long last, expect to have all vacancies filled, the paper reports.

— Tony Perry in San Diego

Photo: Explosive ordnance disposal detonation in Iraq. Credit: Associated Press

 

IRAQ: Marine Corps appeals decision to dismiss charges in Haditha case

Famxxx The Marine Corps is appealing a military judge's decision to dismiss criminal charges against Lt. Col. Jeffrey Chessani in the killing of 24 Iraqis in Haditha in November 2005.

The judge, Col. Steven Folsom, ruled Tuesday that the case against Chessani was "tainted" by the appearance of undue influence brought on the convening authority, Gen. James N. Mattis.

The appeal was filed with the Navy-Marine Corps appeals court in Washington by the lead prosecutor, Lt. Col. Sean Sullivan, with the approval of Lt. Gen. Samuel Helland, Mattis's successor as commanding general of Marine Forces Central Command.

"This case has turned into the persecution of one of the Marines' finest combat commanders," said Richard Thompson, chief counsel of the Michigan-based Thomas More Law Center, which is representing Chessani.

Chessani, 44, is charged with dereliction of duty and failure to obey a direct order for not launching a war-crimes investigation into the killings.

Folsom ruled that Mattis erred by allowing Col. John Ewers, a Marine lawyer, to attend meetings where the Haditha prosecutions were discussed. Ewers was one of the lead investigators early in the case and most likely would be a key witness if Chessani goes to court-martial.

In its filing with the appeals court, the prosecution did not cite any basis for its appeal. Folsom had given prosecutors three days to appeal his ruling. He also permitted the Marine Corps to refile the charges although he ruled that the refiling would have to be done by a new convening authority not connected to the Marine Forces Central Command.

Chessani, who was the battalion commander, was one of four officers charged in the case. Charges against two of the four were dismissed and the third was found not guilty at trial. Four enlisted Marines were also charged; charges against three were later dismissed.

— Tony Perry in San Diego

Photo: Lt. Col. Jeffrey Chessani and wife, Alissa, at Camp Pendleton after Tuesday's ruling. Credit: Associated Press

 

IRAQ: Squad leader's attorneys feel his case, like Marine officer's, has been 'tainted'

Frank_2 Defense attorneys for Marine Staff Sgt. Frank Wuterich (pictured) believe a judge's decision to throw out charges against Marine Lt. Col. Jeffrey Chessani in the 2005 killings in Haditha bodes well for their client to get a similar ruling.

Col. Steven Folsom on Tuesday threw out dereliction of duty and willful disobedience charges against Chessani after agreeing with defense attorneys that the case had been "tainted" by the appearance of undue command influence.

Although a different judge is assigned to Wuterich's case, his attorneys have a similar motion pending.

"We believe the same defect exists in our case as in Chessani's case," Wuterich attorney Neal Puckett said.

Folsom ruled that Gen. James N. Mattis erred by allowing a Marine lawyer involved in the initial investigation of Haditha to sit in on meetings that Mattis had with Haditha prosecutors.

Reporters in the Camp Pendleton courtroom characterized Folsom's tone as a "stinging rebuke." At one point, one of the prosecutors tried standing up to make an argument, only to be told by Folsom to sit down and be quiet.

Chessani was charged with not investigating more thoroughly the killing of 24 Iraqis by Marines in his battalion on Nov. 19, 2005. Wuterich, the squad leader, is charged with voluntary manslaughter and several other counts.

Folsom gave prosecutors three days to appeal his decision. If they choose not to appeal, they can refile the charges, although Folsom's order said that decision cannot be made by Mattis' successor as commanding general of Marine Forces Central Command.

Meanwhile, Wuterich's court martial is on hold as prosecutors and CBS News wrangle over a demand for unbroadcast portions of a "60 Minutes" interview with Wuterich.

Chessani and Wuterich were rising stars in the Marine Corps until the Haditha incident. Now both only want to leave the corps and put Haditha behind them.

Of the eight Marines charged in the Haditha killings, five have had charges against them dropped and a sixth was found not guilty. Only the prosecutions of Chessani and Wuterich remain.

— Tony Perry in San Diego

Photo: Staff Sgt. Frank Wuterich, two months before the incident in Haditha. Credit: Lucian Reed / Atlas Pictures

 

IRAQ: Haditha case attorneys feel case may be dropped

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Attorneys for Lt. Col. Jeffrey Chessani, the final officer facing charges for the 2005 killing of 24 Iraqis in Haditha, believe they may be on the verge of having his case dismissed.

It's risky business, of course, trying to guess what's in a judge's mind, in the civilian or military system.

But Chessani's lawyers think the military judge, Col. Steven Folsom, may have signaled that he plans to grant the defense motion to dismiss the case because of undue command influence.

Initially, Folsom had scheduled two days in his Camp Pendleton courtroom this week to hear pretrial motions in the case.

But late last week, Folsom shifted, telling attorneys he will only deal with the undue influence motion in a session he predicted would take about an hour on Tuesday morning.

Defense attorneys assert that Gen. James Mattis, who brought the charges against Chessani and seven other Marines, was unduly influenced by anti-war politicians, the media or a Marine attorney who was involved in the initial investigation.

Mattis and the attorney, Col. John Ewers, both denied that Ewers tried to influence Mattis even though he did attend meetings with Mattis in which other Marine attorneys discussed the Haditha cases. Ewers testified that he was there to discuss cases other than Haditha.

Chessani is charged with dereliction of duty and failure to follow a direct order. While he did report the basic facts of the killings to his bosses within hours, prosecutors say he should have been more aggressive in finding out why a squad of Marines in his battalion killed 24 Iraqis after a roadside bomb had killed a Marine.

Chessani was not at the scene of the killings. He has said that from the reports he received, it appeared the killings, while tragic, were the result of "troops in contact" with the enemy and thus no further investigation was needed.

If the case against Chessani is dismissed, it would mean that seven of eight Marines initially charged by Mattis have had the charges dropped. Staff Sgt. Frank Wuterich, the squad leader, still faces court martial.

-- Tony Perry, in San Diego

Photo: Lt. Col. Jeffrey Chessani. Credit: Associated Press

 

IRAQ: Marine families post their greetings

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It's a tradition at Camp Pendleton: When the Marines come home from Iraq or Afghanistan, families hang welcoming banners on the fence outside the main gate. Take those greeting the recent return from Iraq of the 3rd Battalion, 5th Regiment.

Some of the banners have a sweetness to them.

Others have a certain suggestiveness.

And others, well, are straight-forward in their messages.

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IRAQ: Haditha prosecutions under fire

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With the court martial of Lt. Col. Jeffrey Chessani (pictured) approaching, the prosecution of eight Marines in the death of 24 Iraqis in Haditha is getting a lot of comment. Six of the eight have been kicked loose, including Lt. Andrew Grayson, who was found not guilty by a jury of seven officers last week at Camp Pendleton.

This from Andrew Lubin, reporter, journalism professor, author of "A Marine Artillery Battery in Iraq," and now embedded with Marines in Afghanistan:

"There was never any justification for bringing any of these spurious charges. This was rammed through by the Army in order to deflect attention from Abu Ghraib."

And from Gary Solis, former Marine, law of war expert and law professor at Georgetown, after the Grayson acquittal:

"Haditha has had a strange history. It was initially a very aggressive charging by the Marine Corps. Then it became a media-driven prosecution and finally it's become a media-driven case of honorable warriors done wrong by their too-eager-to-charge leadership. Perhaps we're merely seeing the military justice system reach the correct results."

Chessani, the battalion commander, is charged with dereliction of duty for not launching a more thorough investigation into the actions of his Marines on Nov. 19, 2005. Solis believes this is the first time since the prosecution of Army Capt. Ernest Medina for the My Lai massacre in Vietnam that a top officer has been criminally prosecuted for alleged offenses committed by subordinates.

Chessani's trial is set for July, unless a defense motion succeeds in getting the case thrown out because of undue command influence. The trial of Staff Sgt. Frank Wuterich, the squad leader, is on hold pending an appeals court decision on discovery matters.

Solis continues: "If Wuterich and Chessani are convicted, they will be remembered as the 'Haditha case' and the acquittals will probably fade from public memory. If both are acquitted, an ever greater possibility, it will be interesting to see what the media makes of the case."

-- Tony Perry, in San Diego

Photo: Marine Lt. Col. Jeffrey Chessani. Credit: Associated Press

 

IRAQ: Marine standout now accused of crimes

Fallx Marine Sgt. John Winnick II is charged with voluntary manslaughter in the killing of two Iraqi civilians last year in the Lake Tharthar area of Anbar province.

An Article 32 — the military's equivalent of a preliminary hearing — may be held as early as next week at Camp Pendleton. Winnick is a sniper attached to the 3rd Battalion, 1st Marine Regiment.

In 2004, while also serving with the Three-One, his quick thinking and aggressiveness during the battle for Fallouja were extolled by author Bing West in his book "No True Glory: A Frontline Account of the Battle for Fallujah."

From page 291, describing the action as Marines were in a house-to-house fight with insurgents:

"They rushed down to the street. As they moved up the alley, Lance Corporal John Winnick, a machine-gunner, ran toward (Lt. Jesse) Grapes with an RPG (rocket-propelled grenade) launcher and a bag full of rockets. 'Sir can I shoot these back at them?' Winnick yelled.

'Do you know how to use that thing?' Grapes asked.

Winnick had never held or fired an RPG. "Yes, sir. Fired one in a threat weapons course!' Winnick said.

'Then start firing!'"

Winnick fired twice, blowing open a gate and then hitting a fuel drum inside a house as Marines cheered. "In minutes the fire had spread through the first floor, and the insurgents had fled."

— Tony Perry, in San Diego

Photo: Marines during the battle for Fallouja, 2004. Photo credit: Luis Sinco/Los Angeles Times

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IRAQ: Haditha case dwindles with innocent verdict

Getprev1 The prosecution case against eight Marines accused in the killing of 24 Iraqi civilians in Haditha has now dwindled to just two defendants, with no convictions or guilty pleas.

With the Wednesday acquittal of Lt. Andrew Grayson by a jury of seven officers at Camp Pendleton, the prosecution of six of the defendants is now complete.

Of the four enlisted Marines initially charged with murdering men, women and children, three have had the charges thrown out.

The fourth, Staff Sgt. Frank Wuterich, is still set for court-martial, but the military-judge at his preliminary hearing has written that he doubts a conviction is possible because of lack of forensic evidence and unreliable statements by witnesses. No date has been set for the trial as prosecutors seek to force CBS to deliver unbroadcast parts of a "60 Minutes" interview with Wuterich.

Of four officers accused of dereliction for not ordering a full-scale war crimes investigation into the November 2005 killings, two have had charges thrown out. Grayson, an intelligence officer, was the first defendant to go to trial.

In July, unless the judge rules in favor of a defense motion claiming undue command influence, Lt. Col. Jeffrey Chessani, the battalion commander, is set for court martial. Chessani, who was on his third tour in Iraq, provided information about the killings to his chain of command, but prosecutors say he should have been quicker and more complete in explaining the incident.

How the Grayson verdict may influence the Chessani and Wuterich cases is unknown. Military rules prohibit interviews with prosecutors. The Grayson case jurors are not talking.

Chessani's lawyers see the Grayson verdict as a harbringer of what will happen if their client goes to trial: that Marine-jurors with combat experience in Iraq will not second-guess one of their own if it means branding him as a criminal.

-- Tony Perry in San Diego

Photo: Bodies of some of the Iraqis killed in Haditha, Nov. 19, 2005. Credit: Lucian Reed/Atlas Press

 

IRAQ: General denies being influenced in war crimes cases

Mattis_hi_2A four-star general Monday repeatedly denied being influenced by any outside forces in bringing charges against Lt. Col. Jeffrey Chessani resulting from the 2005 killing of 24 Iraqis in Haditha.

Under questioning from Chessani's defense attorney, Gen. James Mattis (pictured) said he was never contacted by anyone from the Pentagon, Congress, the secretary of the Navy's office or Marine headquarters about the Haditha case.

Mattis said he was unconcerned that he might be criticized in the press for his handling of the case.

"I've already been drawn and quartered in enough newspaper articles that I was uninterested in that sort of thing," he said at a motions hearing for Chessani.

Chessani, who was the battalion commander, is charged with dereliction of duty for not ordering a more thorough examination after the Nov. 19, 2005, killings. The military started an investigation only after an expose in Time magazine.

Defense lawyers want the case dropped because of "undue command influence" -- arguing, in effect, that Mattis was pressured into bringing charges to mollify critics of the Iraq war in Congress and the press.

Col. Steven Folsom, the trial judge, delayed making a decision until later in the week. Chessani's trial is set to begin June 16 at Camp Pendleton. He is the highest-ranking Marine to face charges of misconduct in Iraq or Afghanistan.

Under questioning from defense attorney Robert Muise, Mattis also denied there was anything improper about permitting a Marine lawyer involved in the initial investigation into the Haditha killings to attend meetings in his office where the case was discussed before the preliminary hearing.

The lawyer, Col. John Ewers, attended the meetings because he was involved in other cases and never spoke about the Haditha case, Mattis testified. Ewers, following Mattis on the stand, said the same thing.

Mattis was commanding general of the Marine Forces Central Command when he brought charges in late 2006 against Chessani and seven other Marines. He is now commander of a joint forces command and also NATO supreme allied commander for transformation.

Mattis testified that he spent more time on the Haditha case than any other matter during his tenure  as c.g. of Marine Forces Central Command, including reading 9,000 pages from a Naval Criminal Investigative Service report.

"I did not make any decision where I did not feel I had intellectual dominance over the material," he said.

— Tony Perry at Camp Pendleton

Photo: Gen. James Mattis. Credit: U.S Marine Corps

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IRAQ: General to take hot seat in court

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His lawyers and supporters have long said that the criminal case against Lt. Col. Jeffrey Chessani, charged with dereliction of duty in the 2005 killing of 24 Iraqis in Haditha, has been trumped up for political purposes.

On Monday, Chessani's lawyers will get a chance in a Camp Pendleton courtroom to cross-examine the officer who brought the charges against Chessani: Gen. James Mattis (pictured).

The defense wants the case thrown out because of "undue command influence." It's not an unusual claim in military trials, although it is rarely successful.

Mattis has a complex — some might say contradictory — reputation among Marine generals.

He is known as an aggressive combatant who drives troops fast and furious. He led Marines into Afghanistan to help topple the Taliban in 2001 and was preparing to take his grunts cave hunting in Tora Bora to find Osama bin Laden until superiors, at the last moment, told him to back off.

In 2003 he led Marines into Iraq in the rush toward Baghdad, beating the Army across the Line of Departure. The next year he had the insurgents cornered in Fallouja until the White House ordered the attack halted. To his troops he's known as "Mad Dog" Mattis.

But at the same time, he holds his Marines, particularly officers, to high standards of conduct. He advanced investigations that led to charges against Marines for Iraqi deaths in Haditha, Hamandiya, Fallouja and a detention center outside Nasiriyah. He was also instrumental in the censure of a two-star general and two colonels in the Haditha case.

His philosophy is that, particularly in a counterinsurgency, allowing misconduct to go unpunished can lead to a loss of the moral high ground and undercut hard-fought victories on the battlefield.

Chessani's attorneys assert that Mattis, by allowing one of his top lawyers to attend certain meetings while the Haditha investigation was underway, was signaling that he wanted a case to be built, regardless of the facts. It may be a tough sell to the judge.

Still, the judge in Chessani's case has given the defense a partial victory: ordering the prosecution to disprove the defense assertions. Mattis, who was commanding general of the Marine Forces Central Command when the Haditha charges were brought, is now c.g. of a joint forces command at Norfolk, Va. and also Supreme Allied Commander (for) Transformation at NATO.

Chessani is charged with dereliction for not ordering a full-scale war crimes investigation when his Marines killed two dozen civilians during a chaotic day that began when a roadside bomb killed one Marine and injured two others.

"This case is dripping with double standards and political intrigue as the Pentagon attempts to appease Washington's political establishment and the press," said Richard Thompson, chief counsel for the Thomas More Law Center, which is representing Chessani.

— Tony Perry in San Diego

Photo: Gen. James Mattis, then a major general, during the assault on Baghdad. Credit: Rick Loomis / Los Angeles Times

 

IRAQ: Marine freed from jail in Los Angeles

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Marine Sgt. Jermaine Nelson, jailed in Los Angeles last week for contempt of court for refusing to testify against his former squad leader, was released Thursday after promising to attend a grand jury session and listen to questions.

Joseph Low, Nelson's attorney, said his client promised U.S. District Court Judge Percy Anderson that he would attend a June 18 session of a grand jury probing the alleged killing of prisoners by Marines during the fight for Fallouja in late 2004.

But Nelson did not promise to provide information about former Sgt. Jose Luis Nazario, Low said. "I did inform the judge [that] nothing has changed except our willingness to listen," he said.

Anderson had Nelson jailed last week when, despite receiving immunity, he declined to answer questions about "a brother Marine." Low said Nazario had saved Nelson's life in Iraq.

A dozen Marines and other supporters waited outside the courtroom during the closed session.

Marine Gunnery Sgt. James Griffin, stationed at Twentynine Palms, said he was angry that the Marine Corps had not backed Nelson's refusal.

"They teach us 'you never leave your brothers behind,' " Griffin said, "but he's all by himself right now.... We give our lives to the Corps — now this Marine is fighting for his."

Nelson faces charges in the military legal system in Camp Pendleton tied to the alleged killing of prisoners. Nazario is charged in federal court in Riverside, where he was a probationary police officer until he was charged.

Retired Marine Gerald Johnson said charging Nelson and Nazario could make other Marines second-guess themselves during combat.

Court documents suggest that the Marines claim they were faced with a split-second decision: either take time to process prisoners according to the rules, or rush to the aid of Marines pinned down in a firefight.

Another supporter, Joyce Glanza, said it was wrong to pull Nelson into a civilian courtroom. "It's not a jury of your peers anymore; it's a totally different thing."

— Scott Glover in Los Angeles / Tony Perry in San Diego

Photo: Marines in house-to-house combat in Fallouja. Credit: Rick Loomis/Los Angeles Times.

 

IRAQ: A bridge closer to home

080524n2300p043_2 For the Marines in the once-violent Euphrates River Valley, the road home may include a bridge.

A new bridge across the Euphrates River at the farming community of Baghdadi was opened Saturday -- a project of the Marines, Seabees and Army Corps of Engineers.

The bridge will allow Iraqis to cross the river without making the lengthy trip along rutted roads looking for a crossing point.

It will also allow the Iraqi security forces to maintain a persistent, armed presence on both sides of the river, lest the insurgents attempt a bloody comeback.

When the Iraqi forces are in place, the Marines from the Camp Pendleton-based 5th Regiment who have been manning an outpost in Baghdadi can withdraw to the U.S. base at Al Asad while remaining in "over-watch" if the Iraqis need help.

The larger strategy for Anbar province, apace for several months, has the U.S. turning primary security responsibility, region by region, over to the Iraqi army and police. The final turnover is set for mid-June. That will allow for a reduction of U.S. forces in the sprawling province.

—Tony Perry in San Diego

Photo:  The top Marine in Iraq, Maj. Gen. John Kelly, without helmet, crosses the new bridge at Baghdadi, accompanied by U.S. forces and Iraqi civilians.  Credit: U.S. Navy.

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IRAQ: Marine refuses to testify against 'brother'

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A Marine combat veteran from Iraq has been thrown into federal jail after refusing to testify against his former squad leader before a grand jury in Los Angeles.

Although granted immunity, Sgt. Jermaine A. Nelson, 26, refused Wednesday to testify against former Marine Sgt. Jose Luis Nazario (above, without briefcase) in a case involving the battle in Fallouja in late 2004.

Nelson's attorney, Joseph Low, a former Marine, said that Nelson fell to his knees and began to pray as U.S. District Judge Percy Anderson warned that he would be held in contempt and jailed if he refused to testify.

Low said that Nelson will not testify against Nazario because Nazario saved his life on numerous occasions in Iraq.

"He believes in God, country and Corps, and that he is doing the right thing by not testifying against his brother Marine," Low said after spending several hours with Nelson on Friday at the federal jail in Los Angeles. "His view is that if he has to suffer because of this, so be it."

Nelson and Nazario have been charged with killing unarmed prisoners during the battle in Fallouja rather than take time to process them according to Geneva Convention rules.

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IRAQ: A day of sadness, in Spanish and English

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Cpl. Miguel Angel Guzman was the last to be buried of the four Marines killed by a roadside bomb in Karma on May 2. He was laid to rest Wednesday at Rose Hills Memorial Park, south of Los Angeles.

Sgt. Glen Martinez was buried Tuesday in Monte Vista, Colo. Lance Cpl. James F. Kimple and Lance Cpl. Casey L. Casanova were buried Saturday in Carroll, Ohio, and Summit, Miss., respectively. The four were from the 1st Marine Logistics Group at Camp Pendleton.

Much of the funeral and burial service for Guzman, including the presentation of his Purple Heart to his parents, was in Spanish.

"Today is a day of much sadness; there is much pain in today's service," Father John-Paul Gonzales told several hundred family members, Marines and friends gathered at St. John of God Church in Norwalk.

—Tony Perry and Francisco Vara-Orta, in Norwalk and Whittier.

Photo: Marines fold flag atop Guzman's casket for presentation to his family. Credit: Carlos Chavez/Los Angeles Times.

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IRAQ: From war zone to courtroom

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The Marines in Anbar province are no longer engaged in daily firefights. But courts-martial continue at Camp Pendleton arising from allegations of misconduct by Marines when combat was a daily occurrence.

* HAMANDIYA. Lawrence Hutchins (left), convicted as the ringleader in the killing of an unarmed Iraqi suspected of insurgent ties, is set soon to be transferred from the Camp Pendleton brig to the military prison at Ft. Leavenworth, Kan.

Hutchins' sentence was reduced last week from 15 years to 11 years by Lt. Gen. Samuel Helland, commander of Marine Forces Central Command. Helland met with Hutchins' family and lawyer before making his decision.

A sergeant when the April 2006 killing occurred, Hutchins has been busted in rank and given a dishonorable discharge. The cases against six other Marines and a Navy corpsman involved in the incident are completed; none is currently behind bars.

* HADITHA. The court-martial of Staff Sgt. Frank Wuterich, the squad leader whose troops killed 24 civilians in November 2005, has been delayed while his attorneys appeal evidentiary rulings by the military judge.

Attorneys for Lt. Col. Jeffrey Chessani, accused of dereliction for not launching a war-crimes investigation into the killings, are awaiting a ruling on their assertion that Chessani is being made a "political scapegoat" by the Marine Corps in an attempt to appease "the anti-war press and their fellow politicians in Congress." Court-martial is tentatively set for June.

A pretrial hearing for 1st Lt. Andrew Grayson is underway. He is charged with hindering the investigation by ordering that pictures of the dead Iraqis be destroyed. Cases against other Marines have been completed; none is serving time.

* FALLOUJA. Two active-duty Marines and a former Marine await trial for allegedly killing prisoners during the battle for Fallouja in November 2004 rather than taking time to handle them according to the rules of war. The former Marine is set to be tried in federal court in Riverside in July.

In an interview this week with Marine Corps Times reporter Gidget Fuentes, former Marine Jose L. Nazario told of the trauma of being fired as a probationary police officer in Riverside when the charges were announced. He said he has lost 30 pounds and is battling depression.

“I’m a former sergeant of Marines, and I can’t even provide the basic necessities for my family,” he said. “It’s depressing.”

Tony Perry, in San Diego

Photo: Lawrence Hutchins, then a sergeant, leaving the courtroom at Camp Pendleton. Photo credit: Associated Press.            

 

IRAQ: The final roll call

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A brief and solemn memorial was held this weekend at Camp Fallouja for four Marines from the 1st Marine Logistics Group who were killed by a roadside bomb. They were part of a convoy through Karma when the powerful explosion ripped through their Humvee.

Killed were Lance Cpl. Casey L. Casanova, 22, of McComb, Miss.; Cpl. Miguel A. Guzman, 21, of Norwalk, Calif.; Lance Cpl. James F. Kimple, 21, of Carroll, Ohio; and Sgt. Glen E. Martinez, 31, of Boulder, Colo.

The four were the first fatalities suffered by the 1st Marine Logistics Group. Martinez's wife, Melissa, is a Marine sergeant also assigned to Camp Fallouja. She accompanied his body to Colorado for burial.

At the memorial, Marines remembered the fallen: Casanova, who dreamed of becoming a nurse and was engaged to a Marine; Guzman, the 2004 graduate of John H. Glenn High School in Norwalk whose death has left the students there in shock; Kimple, who left high school to join the Marines and is survived by a wife and three children; and Martinez, the high school football quarterback and wrestler who enlisted after graduating from college.

A Marine first sergeant called the ritualized final roll call: Calling each name three times, with increasing volume, and hearing no response, the sergeant went on to the next.

A memorial service for the four is being organized at Camp Pendleton.

—Tony Perry in San Diego

Photo: Memorial service at Camp Fallouja. Credit: U.S. Marine Corps

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IRAQ: Mother grieves for daughter killed

Casanova_casey Her mother had begged Casey Casanova, her only child, not to enlist in the Marines during wartime.

She encouraged her to "get out of the small town" of McComb, Miss., to "get options for herself," Paula Carruth told WLBT-TV in Jackson, Miss. "I never imagined it would be the Marine Corps, but she made her choice."

On Wednesday, the Marine Corps announced that Lance Cpl. Casey L. Casanova, a field radio operator, was among four Marines from Camp Pendleton killed by a roadside bomb Friday in Anbar province.

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IRAQ: Not to be forgotten

Kimple_2 Four Marines killed Friday in Al Anbar province have been identified as members of the 1st Marine Logistics Group from Camp Pendleton.

Their deaths push to at least 335 the number of Marines from Camp Pendleton killed in Iraq, according to information compiled by the Department of Defense and the independent website icasualties.org. An additional 113 Marines have been killed from the base at Twentynine Palms, which is part of the Camp Pendleton-based 1st Marine Expeditionary Force.

The four were killed by a roadside bomb explosion in Karma, once an insurgent stronghold, near Fallouja.

Killed were: Lance Cpl. Casey L. Casanova, 22, of McComb, Miss., a field radio operator; Cpl. Miguel A. Guzman, 21, of Norwalk, Calif., a mechanic; Lance Cpl. James F. Kimple (above), 21, of Carroll, Ohio, a maintenance specialist; and Sgt. Glen E. Martinez, 31, of Boulder, Colo., an engineer equipment operator.

"These four brave and dedicated warriors will not be forgotten," said Col. Juan G. Ayala, commander of the 1st Marine Logistics Group stay-behind element at Camp Pendleton.

—Tony Perry, in San Diego

Photo: Lance Cpl. James F. Kimple. Photo credit: Lancaster (Ohio) Eagle-Gazette

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IRAQ: Relief, then guilt

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Without a draft these last three decades, it's doubtful that many civilian families know what it's like for military families as the U.S. engages in prolonged wars in Iraq and Afghanistan.

What it's like for months and months to worry that every knock on the door might bring the news that your loved one has been killed. Or what it's like to know that something has gone wrong but not to know whether your kin is dead or alive.

The Merrell family of Sisters, Ore., knows both scenarios.

Marine Sgt. Jacob Merrell, 22, is a crew chief in a helicopter squadron. In December 2006, one of the helicopters crashed into the massive reservoir behind the Haditha Dam in Iraq. Four Marines were killed.

Carla and Bruce Merrell didn't know whether it was their son's helicopter or, if it was, whether he survived. Whenever there is a fatality, the Marines shut down e-mail and telephones to prevent the spread of misinformation.

For two days the Merrells waited in agony. Finally, Carla got a phone call from their son. It hadn't been his helicopter.

"It was just a flood of emotion knowing he was OK," Carla Merrell said. "Then I got calm and a sense of guilt came over me. I felt bad. My son was alive but I knew that other people's sons were dead."

On Sunday, Carla and Bruce Merrell, their daughter Faith Moots and her husband Chris Moots were at the 32nd Street Naval Station as Sgt. Merrell departed with the 15th Marine Expeditionary Unit.

The Marines might go to Iraq or Afghanistan or do a six-month training mission in the Western Pacific and Persian Gulf. At home, the Merrells, along with the families of 5,500 other Marines and sailors, will wait and worry.

—Tony Perry, in San Diego

Photo: Carla Merrell waves an American flag as the dock landing ship Pearl Harbor departs San Diego, part of the six-ship Peleliu Expeditionary Strike Group carrying Merrell's son and other Marines from Camp Pendleton. Credit: Tony Perry, Los Angeles Times.

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IRAQ: Ready and confident

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When it comes to combat assignments in Iraq and Afghanistan, few military units can match the 15th Marine Expeditionary Unit out of Camp Pendleton.

The 15th MEU was part of the push to topple the Taliban in Afghanistan in 2001. In March 2003, the 15th moved across the Line of Departure into Iraq to topple Saddam Hussein. In 2005, the 15th went to Babil province south of Baghdad.

And in 2006, the 15th was part of a "surge" of Marines into sprawling Anbar province where it engaged in combat in Rutbah, Barwana, Haditha, Ramadi and Al Asad.