Final arguments set in Marine murder trial
Final arguments are set today at Camp Pendleton in the court martial of Sgt. Ryan Weemer, accused of murdering an Iraqi prisoner in November 2004 during the battle in Fallouja.
After instructions from the judge, the eight-officer jury will begin deliberating. Weemer is charged with unpremeditated murder and dereliction of duty.
The military system is designed to avoid lengthy deliberations, deadlocks and retrials. A two-thirds vote is required for conviction, anything less means acquittal.
Prosecutors are expected to note that Weemer has twice confessed to killing the prisoner and that Weemer and other Marines had been given strict instructions about the humane treatment of prisoners. Hundreds of prisoners were taken during the opening days of the assault.
But Weemer's defense attorney will counter that during one of the two taped interviews with authorities, Weemer said he shot the prisoner when the prisoner reached for Weemer's gun. Also, the attorney will stress the prosecution has no forensic evidence to prove any killing occurred.
Weemer, now 26, did not testify. He was no longer on active duty when he mentioned the alleged killing during a job interview with the U.S. Secret Service.
Weemer's former squad leader, former Sgt. Jose Luis Nazario, was acquitted by a civilian jury in federal court in August on charges of killing two prisoners and ordering Weemer and Sgt. Jermaine Nelson to each kill one prisoner. Nelson is set for court martial.
During Weemer's court martial, Nazario refused to testify despite being threatened with contempt of court. If convicted, the same jury will decide Weemer's penalty; he could face life in prison.
-- Tony Perry
