Marine sent back to jail for refusing to testify

By SONJA BJELLAND
The Press-Enterprise


A federal judge ordered a Camp Pendleton Marine back to jail for refusing to testify against a squad mate accused of killing two detainees in Fallujah, Iraq.

Sgt. Jermaine Nelson is the second Marine placed in custody for refusing to answer questions in one of the few prosecutions of a civilian on suspicion of crimes while serving in the military in Iraq.

Nelson served with former Riverside police officer Jose Luis Nazario Jr. during the 2004 Operation Phantom Fury in Fallujah.

The Marine was ordered to testify in front of a federal grand jury brought by the prosecution to increase charges against Nazario from manslaughter to murder, said Nelson's attorney, Joseph H. Low IV.

Nelson had refused once before and served eight days in jail before agreeing to listen to the prosecution's questions. Low told the court the questions focused on what Nelson did and not what Nazario did.

While U.S. District Court Judge Stephen Larson listened to the prosecution and defense arguments, he said it "pained" him to incarcerate Nelson.

"There are few things that give me less pleasure," Larson said. "I have a profound respect for his service to our country. ... Everyone in this courtroom is indebted to him."

The judge found Nelson in civil contempt and said he could be committed to the U.S. marshals' custody for up to 18 months or until he decides to testify.

Nelson stood up and clasped his hands behind his back before marshals led him out of the federal courtroom in Riverside.

Low said Nelson was ready to serve the time when he decided not to testify against Nazario.

"I told him, if he makes this decision, be prepared to do 18 months," Low said after the hearing.

On June 12, Larson ordered another Camp Pendleton Marine, Sgt. Ryan Weemer, to jail for refusing to testify in Nazario's case. Weemer remains in the San Bernardino County Central Detention Center.

Both Marines are charged in military court with murder and dereliction of duty in connection with detainees' deaths. They face life in prison.

Nelson was given immunity for whatever he said to the grand jury and it would be improper for the military judge to use that testimony against him, Larson said.

Nazario is charged in civilian court because he left military service before he was charged. He is out on $50,000 bail.

Reach Sonja Bjelland at 951-368-9642 or sbjelland@PE.com

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