IRAQ: Second Marine jailed for refusing to testify

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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