Marine's Self-Defense Claim Disputed

Team Infidel

Forum Spin Doctor
San Diego Union-Tribune
April 3, 2009
Pg. B4

By Rick Rogers, Union-Tribune Staff Writer
CAMP PENDLETON — Since Marine Sgt. Ryan Weemer's murder trial started Tuesday at Camp Pendleton, his attorneys have described his shooting of an unarmed detainee as self-defense during a chaotic battle in Iraq.
Yesterday, the prosecution tried to undercut that assertion by introducing witnesses who said regulations clearly required Marines to bring captives to a designated holding area instead of killing them.
Chief Warrant Officer Paul Pritchard ran prisoner operations during the November 2004 offensive in Fallujah that included Weemer. He testified that the 3rd Battalion, 1st Regiment kept prisoners in a train station north of the city.
About 1,000 captives were brought there by the time the fighting ended, Pritchard said.
Maj. Jonathan Vaughn, who was a lawyer for the battalion, said every Marine was taught the laws of armed conflict and the U.S. military's rules of engagement.
“More than sufficient,” Vaughn replied when asked if the battalion had received enough training to know a legal right from a legal wrong.
Defense attorney Paul Hackett said the government's case is weak because there are no eyewitnesses to the alleged murder. Weemer and two others have been accused of killing four unarmed detainees in a house they inspected.
The Marine who might come closest to being an eyewitness is Cory Carlisle, who saw the captives minutes before they died Nov. 9, 2004.
Carlisle testified yesterday that he was searching the two-story home for weapons when he heard a shot and ran to see what happened.
“Did you see . . . Weemer standing over the body?” asked prosecutor Capt. Nick Gannon.
“Yes,” Carlisle said. He said Weemer left the house with him, but not before they heard three more shots. They met up with other members of their platoon just outside the dwelling.
“To me, they had just lined up the (captives) and shot them,” said Carlisle, who described the incident as the worst day of his life.
When the Marines were riding back to their base, Carlisle testified, Weemer expressed remorse and said he'd have to live with the shooting for the rest of his life.
But Carlisle also said Weemer told him the detainee had tried to take his gun.
Weemer is charged with unpremeditated murder and dereliction of duty. If convicted, he could be sent to prison for life.
Sgt. Jermaine Nelson is awaiting court-martial for allegedly shooting one of the captives in the house. The third defendant, Sgt. Jose Nazario Jr., was acquitted by a civilian jury last year. He was tried in federal court because the Marine Corps couldn't call him back to service.
Nazario took the stand in Weemer's trial yesterday. Despite being given immunity by the Corps and the Justice Department, Nazario kept answering questions by saying, “With all due respect, I will not provide any responses.”
 
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