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