8/28/08 8:50 p.m. CDT: NOT GUILTY!
UPDATE: Here's a link to a defense fund for Sgt. Nazario and his brothers who have been coerced into testifying against him by the rogue Federal Persecutor, Jerry Behnke. I've made my donation; please make yours today.
Federal prosecutors, emboldened by leftist anti-military groups, will persecute a former Marine for alleged murder committed while he was on active duty in Iraq.
A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq.
After Murtha's failed attempt to convict innocent Marines at Haditha, now the Justice Department is going after former service members.
Why, then, would any ever sign up for military duty? The left will come after you until you're dead or in jail. Nazario's attorney frames the matter well:
This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?
Clearly, the answer is "yes."
President Bush should grant Nazario an unconditional Presidential pardon immediately. Don't let this trial begin.
Nazario said he was on his first deployment when his squad entered Fallujah, which he described as a "high combat zone" with insurgents taking shots at troops at every turn — with everything from AK-47s to rocket-propelled grenades.
Thirty-three in his battalion were killed in the battle. The first, he said, was a man in his squad. Nazario later received the Navy-Marine Corps Commendation Medal with a "V" for valor for combat and leadership in Fallujah.
Though Nazario was not physically injured, he was later found to have post-traumatic stress disorder.
After leaving the military, Nazario worked as an officer with the Riverside Police Department and was close to completing his one-year probation. He said he knew nothing of the investigation until he was arrested Aug. 7, 2007, after being called into the watch commander's office to sign a performance review.
UPDATE: More on Black Five, including the prosecutorial abuse of a fellow Marine by US Attorney Jerry Behnke.
Although there is no forensic evidence (no bodies, graves, grieving family members, Iraqi witnesses, damage, etc.), the US attorney filed charges against Nazario and ordered Nelson to testify before a secret grand jury. Sergeant Nelson refused. The US attorney offered immunity from charges in Federal and military courts. Nelson refused three times - the last, on his knees in prayer, tears streaming down his face, but resolute, knowing he was going to jail for not complying with the judge's orders. The judge, US District Court Judge Percy Anderson, charged Nelson with contempt.
Sergeant Jermaine Nelson spent Memorial Day weekend in jail in LA. He is still imprisoned and will appear before Judge Percy Anderson tomorrow.
Sergeant Nelson's attorney said that one of the reasons that he did not testify against Sergeant Nazario was because Nazario had saved his life several times.
More disgusting still. Stop the Justice Department!
Thanks to Black Five, here's the persecutor's contact info. Be careful what you say or write--no doubt this bastard will come after anyone who even smells like a veteran.
UNITED STATES ATTORNEY'S OFFICE CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE BRANCH OFFICE ATTN: Jerry Behnke, Assistant United States Attorney 3880 Lemon Street Suite 210 Riverside, California 92501 Telephone: (951) 276-6210 Fax: (951) 276-6202