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.

FOXNews.com – Ex-Marine Questions Prosecution in Civilian Court – Politics | Republican Party | Democratic Party | Political Spectrum

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.

ATTN: Jerry Behnke, Assistant United States Attorney
3880 Lemon Street
Suite 210
Riverside, California 92501
Telephone: (951) 276-6210
Fax: (951) 276-6202

Author: William Hennessy

Co-founder of St. Louis Tea Party Coalition and Nationwide Chicago Tea Party Persuasive design expertLatest book: Turning On Trump: An Evolution (2016)Author of The Conservative Manifest (1993), Zen Conservatism (2009), Weaving the Roots (2011), and Fight to Evolve (2016)I believe every person deserves the dignity of meaningful work as the only path to human flourishing.

46 Comments on “Free Jose Luis Nazario Jr! **UPDATE: YOU CAN HELP**UPDATE: NOT GUILTY!

  1. What is wrong with some of you folks? Do we live in Sparta, where the military rules the state?

    No, we do not, and those in the military are responsible for facing charges if they violate the law. But, time and time again, when US forces have been involved in situations that involved the deaths of civilians, these cases have been swept under the rug and ignored.

    It is a disgrace to the conduct of our military in foreign countries. Yes, the majority of our uniformed men and women are professionals, but when anyone is involved with illegal conduct, it must be pursued by the military to the full extent of the law.

    Sadly, that rarely happens, especially with cooperation of the participants, unless their conscious and honesty gets the better of them and they come clean to the prosecutors.

    “War is hell,” which is why force should be used only when necessary to avoid the sort of circumstances that embroiled Mr. Nazario. And yet, some of you still support this war and then attempt to shrug off any time our military forces are involved with unnecessary civilian casualties.

    If, indeed, Mr. Nazario was involved in the murder of these unarmed civilians, then he will have to live with it for the rest of his life, and it will be between him and the judgment of his maker.

  2. Hello Fellow Supporters,

    Thank you all for your continued prayers and support. Our Family is very greatful for the good news. Goes to show that God was also on Jose’s side. God sat on that jury along with the other jurors. Even the jury though all made up of Civilians knew wrong from right. If you all personally knew Jose, You would see that he seems like he had nothing to hide. Obviously He became a Sergeant for good reason. He can be very focused under hard times. That is what our great service personnel is about. He is also like your normal caring nephew, son, brother. We thank those Men and Women who were selected to handle such a difficult case. And for those people with the ‘NEGATIVE” comments, it’s no wonder you can’t enlist. Only men and women who are allowd to enlist must have a “POSITIVE ATTITUDE” during these matters. Thank goodness for that. I’m glad you weren’t part of Jose’s squad. It’s people like you that would make unnecesary mistakes during battle and risk our troops lives. So please continue to stay home and hide behind your pc. where you belong. The world is a lot safer without you on our streets or battlefield.

  3. I have had Nazario on my prayer list since the day charges were first brought against him. We cannot afford to let the liberals in this country to bring our heroes to trial every time they perform their duties while defending our country.The law that allowed this trial to even get to a courtroom, should be abolished before it ruins the life of our brave military men and women who choose to serve our country.I say we bring charges against John Murtha for his lies that have led to these needless trials.

  4. YEAH BUDDY!!!!! I’ve been praying for you! Thank God… when I got the news, my mother and I hugged and laughed. I was a former wife of a Marine who recently passed. My brother is also a former Marine. I’m sure this news makes them both overjoyed, as it does us all.

  5. Dearest Rob,

    I would like to remind you that you have supported the war since its beginning, so you have no room to talk. These “heinous” crimes that you say are happening, yep, you support them. How? You pay taxes! If you’re so against the war, you could have done what some other people have done and volunteered your time instead of getting paid for it. But yeah, you support the war too. :)

  6. Oh, Jerri…I forgot two things:

    1) Stop shouting…it makes you sound uneducated

    2) gfy

    I don’t have to ask what’s wrong with you…your stupidity is glaringly obvious.

  7. Jerri, You’re nothing special. Many “civilians” could serve in the military if they wanted to do so. I think all Marines started as civilians at one point in time. Your ability to use logic is obviously strained. According to your uneducated argument, if anyone EVER has a problem with the actions taken by particular Marines, then that person should be kicked out of the US…or better yet, losers like Sgt. Nazario could take them into a back alley and execute them…apparently he’s quite qualified for that job. I support the military, you dumb ass, my father was in the Air Force. I don’t support soldiers blowing away civilians and other soldiers providing illegal cover-ups (they were charged for failing to testify).

  8. …so he got away with something…This knuckle-dragger belongs in jail…Do the guilty nightmares still haunt you, Sgt. Nazario….

    THESE PEOPLE MAKE ME SICK!! You who say things like this do not deserve the freedoms these current and former military men and women have given their blood to afford you! Don’t call yourselves Americans and don’t put your hand on your chest when you hear this Nation’s anthem. And God help you if you ever need the protection of the military inside this counrty. You won’t and don’t deserve it! YOU MAKE ME SICK to be able to sit behind your keyboards and say things like this! WHAT IS WRONG WITH YOU!!!!!!!!!

    Sgt. Nazario, Cookie, the Nazario family….I can’t tell you how much this has been on my mind and the minds of so many other Americans. We have prayed and wrestled with this along with you and THANK GOD, good sense prevailed. This was a travesty and an injustice to you all. Thank you for serving this country. Thank you for putting your lives on hold and for risking everything to do the job that was asked of you. Thank you for remaining a Marine through it all. Thank you for remembering what the bottom line is. America called and you answered. That’s more than these idiot posters out here could or would ever do and, like one of the decent posters said, they don’t deserve to even breath the same air. Put this behind you. Live your life. My prayers will be with you. I pray for your prosperity, God’s comfort, success and that you’ll be able to enjoy ALL the freedoms your selfless acts, and those of all the military members before you have given to us all. Thank you, thank you, thank you and may God Bless you and yours.

  9. Yeah, I guess you have to be on the battlefield to realize that it’s okay to shoot up a civilian family. Whatever…morals are NOT relative to whether you are on a battlefield or not…right is right, and wrong is wrong. Civilian vs. soldier distinctions are nothing more than pathetic attempts to justify heinous actions. Civilian juries couldn’t possibly know how to judge right from wrong in the fast-paced chaos of the battlefield. Yeah sure, that argument is about as intelligent as saying, “If you never played pro football, then you are not allowed to comment on it, and you can’t possibly be an expert.” It is simply a vacuous argument (go ahead…I’ll wait while you look up that word).

  10. Now that this travesty is over with, he should sue the hell out of the government and include this slimeball traitor in depositions, and testimony. He should make this gutless coward’s life a living hell. I hope that I should be lucky enought to run into him sometime in life.

  11. This knuckle-dragger belongs in jail. Wiping out a house-full of civilians is unacceptable…period. BTW, I’m a registered Republican, and I think this guy is a piece of shit. Maybe if he hit the books a bit harder, then he might not be so trigger-happy. Note to all Marines…please don’t go into law enforcement unless you go to college. I bet the Denver police department could use a guy like this…he wouldn’t just shove reporters into a street…he’d blow their frickin’ heads off.

  12. My heart is sick for this young man and his family for everything they have been through. America has let you down, and I am so deeply sorry for everything you should never have had to go through. To the earlier post who doubted the verdict, it’s not your place to say. You have no business judging a case from the 200 words or less you have read. The jurors who saw the evidence said he was not guilty, and that’s the end of the story. I don’t believe that anyone who has not experienced a war can understand what it is like, which is why these cases should NEVER be in civillian courts.

    America, stop the left from attacking our guys! They deserve better.

  13. the feds followed the law, and he was aquited…so will you idiots now accept that its a good law?

    btw, he was aquited thanks to his marine brothers refusing to testify against him, thereby being held in contempt of court

    dont they swear an oath to uphold the constitution?

    so he got away with something, that if he did the same as a police officer, he would be sitting in san quentin

    no…he should not be a cop…he cant take the pressure

  14. Now that he has suffered through this ordeal what will his future be? Will the Riverside PD reinstate him? Will he be able to get his record expunged? Although he was acquitted, there are going to be many people out there who will still judge him as guilty. i.e. “Be Fair”.

    So how does he get his good name back? It is good in my book, brother. Always has been. Semper Fi.

    Now…”Be Fair” you will never understand because you are a miserable, meek, and timid creature who, when ever threatened, will be made free and kept free only through the exertions of warriors like Sgt. Nazario.

    Lastly…If you ever find yourself in the presence of Marines, please hold your breath. Otherwise, you will just be stealing oxygen. Hey, why don’t you go ahead and start now?

  15. Thank God! I’m not sure how or why anyone would want to be a Soldier, Sailor or Marine if they are going to be tried for war crimes in a civilian court. I can’t imagine what a nightmare this was for his family. It’s hard enough just to deal with it when they are in a combat zone, and then to bring it back here. Awful. Thank God! My best wishes and thanks to him for serving our country. I”m just sad that our country is not serving him.

  16. Hello,

    I am Jose Nazario’s aunt. I want to thank you all and on behalf of our family for your prayers and support. Yes these are difficult times for us. I am the oldest and to see my young sister suffer while she watches her only child who risked his life by going out into the battlefield and fight for our freedom only to come home and once again be forced to engage in a battle right in his own back yard just doesnt make any kind of sense. We are trying to stay focused and pray that this nightmare ends soon and Jose and fellow officers are allowed to enjoy living the rest of their lives with their families. I tought that was the American Way. They have served our country. And to Mr. Perez, thank you so much for your offer, I will forward your information to him and his family. Once again thank you all, and God Bless.

  17. Hey Be Fair, why don’t you move to Canada! Get out of the United States. Its girls like you that bring this great land down! BTW their is no evidence to prove this Marine guilty.

    Yeah I called you a girl because you sound like an Obama lovin liberal! Oh man I thionk im gonna puke.

    God Bless you Veterans and Currently serving Soldiers! I appreciate my freedom. I know it was hard won.

  18. I need to start by saying that I am against the war in Iraq, but the gentlemen serving over there are absolute heros in my book. My Uncle just returned from his tour, and I can not imagine what it would be like if they were to put him on trial for something that happened over there. This is just a way for them to test a new law and they are dragging someone, who by every account that I have read, is an exemplary Marine. Mr. Nazario I will keep you in my prayers and don’t let this get the best of you.
    And to the members of his squad who refuse to testify, keep up the good fight sirs!

  19. Being the daughter of Kevin B Mcdermott, the lead defense attorney for Nazario, Ive been there everyday in court taking notes and watching the prosecutors despartely trying to make a case out of nothing but what witness’ “say” they have seen over in Iraq. However, now these two lead witness’ are mostly likely going to be held in contempt and are not testifying under any circumstances.
    Also how can one rely on a witness to recall what really happened when they are suferring from PTSD?????

    So the prosecutors really have nothing to go on and if this trial is not found in the favor of Nazario, American society we’ll really see what our legal system is all about

    These team of lawyers together teamed up to defend Nazario with my father as lead and are doing all of this legal work for free

    So if you people really want to help out society to defend the military innocence go to http://www.unitedamericanpatriots.org/
    and make a denoation $1,5,10,100, or 1000 will make a huge impact and will go to a greater good

    -make a difference
    stand up for what you believe in, dont buy into the government pricks who have never even encounter a war field or had to experience his or her best friend dying in your arms, this federal court doesnt know anything about the military law, its a joke
    so, come to court and give your support for Nazario’s sake and his lawyers
    please go, you are very welcomed
    we want to fill the court room, we want Narzario to know he is in the best hands and is supported GREATLY

    United States District Court, riverside
    located on the corner of lime and 12th street in RS
    2nd floor, court room:1

    For those who think he is guilty, we’ll give you a gun and send you into Iraq, and you can rely on making the correct decisions well hoping desparetly your not convicted of doing what you were COMMANDED to do
    so once you have experienced war, you can come talk to us

  20. This trial is a total waste of taxpayer’s money. It’d be better if the money that is and will be spent on this trial to be used for other things, such as caring for wounded veterans.

  21. Dear Jose Luis Nazario
    I am 100% on your side!
    I know how it feels to be on the Right Side and being discriminated by every perverted bastard in town.
    Since the righteous have to work for himself or die, I am opening a new construction/landscaping business in New York City. Small, but, with a lot of knowledge, energy and plenty of talent to compete with the big guys.
    Check my website and if you are interested, I may have the right opportunity for you. Elegantlandscapedesigns.com
    The great majority of americans support you, they are just too afraid to speak out. They fear losing their jobs or being sued by the pervert, wako environmentalist and socialist bastards.
    Oh, before I forget, I am a 911 victim and I appreciate what you did for us.
    President Bush, as the Commander in Chief shall have the cojones to just pardon you, no questions asked!

  22. It’s funny to think that a country could, in theory, hunt down its own veterans and try them as murders. Let us not forget who ordered this war.

  23. …………..so are all veterans going to adjust to the fact that down the road a few years….there might be a knock on the door ?
    I believe there’s NO statute of limitations for “murder.”—if THEY accuse you.
    no evidence.
    but somehow there’s a case.
    duke lacross team comes to mind-
    plame–wasn’t a covert anything,but they gotta case too-

  24. Who or What is responsible for this? I cant believe it is happening in the US! I am a ex Marine.(Korea) My son was killed in combat in Vietnam. Who has the right to come after me for what I did in Korea? For what my son did in Vietnam? Seems like more leftist DemonCrats from California crap. We need a cleaning out!

  25. If any one has an address in which I can send a letter of support for these young men, please e mail it too me. The prayers of many of my family and friends are with him.

  26. this guy is a father of a 2 year old kid why are they harassing him now leave him alone so him and his family can live their lives.

  27. This is complete BS. How can Sgt Nazario possibly receive a fair trial without a jury of his peers? 12 Riverside civilians can hardly be considered peers of this decorated Marine. Furthermore, how do you convict someone of a crime when the victims are all unknown? Regardless of what the prosecutors allege, how can you even prove that these unknown victims ever actually exsisted?

    As to the debate on charging military with civilian crimes, why not open this up to charging civilians with military crimes? I’d love to see how the American people like living up to the higher standards we live with.

    Good luck Sgt Nazario,

  28. US Military Members….past and present…please unite and fight this injustice! You must make a stand now. This cannot be allowed to happen. This is a tragedy and an injustice. Obviously, as one can tell from the comment posted by “Be Fair”, the general public has no concept of the military chain of command or of military life and it’s demands and sacrifices. If you Service Members do not stand up now for yourselves and your fellow Members, you will never again be able to confidently stand up for America, for you will constantly be second guessing and doubting her allegiance to you. And, in my opinion, rightly so.

  29. The Military Extraterritorial Jurisdiction Act was narrowly written to primarily prosecute people “employed by or accompanying” U.S. armed forces who commit crimes while working for the US overseas. From what I’ve read, legal and military law experts define this to mean contractors and their employees who are hired by the US Dept. of Defense and other federal agencies – NOT present or former military personnel. I’m guessing that in order to delineate the extent to which the Act may be applied, federal lawyers have elected to indict those, i.e., Jose Luis Nazario, who have allegedly committed crimes in the combat zone, but were not disclosed until after the end of their service, where previously military law would have applied. Unfortunately, Jose Luis Nazario’s combat experience in Fallujah will be used to define whether former military personnel turned civilian, can be prosecuted under this Act.

    I’ve never experienced combat, but suspect that this is a far different reality for which our moral and civilized standards, governed by federal and state statutes, simply do not apply. I always thought that this was why military law was aptly written. Similarly, I don’t think civilians, without any prior military and/or combat experience will be able to decide “beyond a preponderance of the evidence” whether Nazario is innocent or guilty. Heaven help us, if our military personnel are blocked from performing combat duties during a time of war, for fear of later indictment and prosecution. I’m afraid that if Nazario is found guilty, our US military will become powerless, done in by our own legal system, potentially exposing all US citizens to the threat of slaughter committed by our enemies, who do not live by the same moral and civilized standards that we would so stupidly apply to our military personnel. How sad….

  30. Stop supporting murders. Just because he is a marine, that does not mean he represents America or our ideals. Just because he was a marine, that does not believe he is law abiding, truthful, and honest. Just because he was a former marine, that does not make what he did right. He claims he is innocent. He claims that this didn’t happen. Then why do others at the home, even others who are being prosecuted, Weemer and Nelson, admit that it happened and blame Nazario? Don’t stand for something when you don’t understand what he did! Don’t support a former marine just because you don’t recognize the truth! This lying marine claims it did not happen when even the people who are faced with the same criminal charges in military court admit that it did, but blame Nazario for it. If he is this honest truthful marine, why doesn’t he stand up and admit what he did. Let the jury decide if we should hold our military men accountable for killing Iraqis. If they acquit, fine he gets off. But, don’t lie about what happened. That former marine is just like every criminal who chooses to make up a false story to convince the jury to acquit. Why doesn’t that allegedly honorable marine admit the truth? He is dishonorable and an embarassment to our country. As Americans we stand for truth, justice, and the American dream. That former marine is just hiding behind his attorneys making false claims that this never happened. Even if he gets off, he will have to face his maker.

  31. this is what you get with “scumbag’ lawyers, they dont give a rats a$$ about him, they want to make a name for themselves so they can live in the hills and drive BMW’s. This country has turned upside down by these bastards.Doesnt matter if he fought for our freedoms, The rat lawyers will chew him up and spit him out, then take their family out to dinner and be done with it. No one gives a damn about our soilders anymore. I would not serve again not with scum like that watching every move I make.

  32. Having the honor to serve in the Corps for over 5 years, this was a slap in the face to me and all of our miltary troops past and present making daily sacrifices so we may take for granted freedoms enjoyed every day. What gives a civilian jury the background knowledge and experience in a Urban combat zone to determine guilt over innocence. This is an out rage to what our society has become. The American should rally together on this one and show these men and women we absolutely support them, despite individual opinions of Iraq and Afghanastan.

    Semper Fidelis,

    Sgt Willis

  33. Just heard about this this morning and if he is going to go to jail, half the military should be in jail. This one got me, “From a legal point of view, there is no difference in law between war and peace” Are you kidding me, that’s what you think? Those bullets flying by and your dead friends, that the same as it is in peace. This guy is obviously a whack job. We should organize something and show up to support Nazario at his trial.

  34. How can any one believe that a bunch of folks that have never heard gun fire on the field of battle can fairly judge this Marine. You have got to know that the prosecutor will line that jury with a bunch of bleeding heart liberals, with an attempt to make an example of this warrior. STOP This now, dont let them destroy this young mans life. He needs to have the charges dissmissed and then sue the crap out of those doing this to him.

    We are behind you.. ALL of US in the Military are vulnarable if this is allowed.

  35. How do I find Jose Luis Nazario Jr so that I can donate to his couse?!
    Can anyone post a contact within his AO?

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