USA v. José Luis Nazario Jr fr

Country of proceedings: United-States
Context of crimes: Iraq
Date: 2007 - 2008
Keywords: War crimes (murder), right to fair trial

Presentation of the case

The trial of José Luis Nazario Jr was the first time a civilian jury had to determine whether the actions of a former soldier in combat violated the law of war. José Nazario Jr was indicted for the alleged killing or causing others to kill four unarmed detainees in Falluja, in 2004. Military operations in Falluja in 2004 were some of the fiercest fighting of the war in Iraq.

The acquittal of the former Marine sparked debate in the US, after some member of the jury which acquitted Nazario said they were not qualified to judge military actions. Some jurors cried during the verdict or shook hands with the defendant after the judgement.

José Luis Nazario Jr was brought to trial under the 2000 Military Extraterritorial Jurisdiction Act, which was written to allow the prosecution of civilian contractors who commit crimes while working for the U.S. overseas.

Court Documents

16-08-2007 - Redacted Complaint
04-09-2007 - Indictment
26-09-2007 - Findings and Order
31-10-2007 - Findings and Order
21-11-2007 - Notice of Motion and Motion for Discovery
03-12-2007 - Opposition to Motion for Discovery
04-03-2008 - Criminal Standing Order
28-03-2008 - Notice of Motion and Motion to Dismiss the Indictment
11-04-2008 - Opposition to Motion to Dismiss
16-06-2008 - Government's Motion in limine
18-06-2008 - Order allowing Disclosure of Grand Jury Testimony
09-07-2008 - First Superseding Indictment
13-08-2008 - Government's Proposed Jury Instructions (Clean Set)
13-08-2008 - Government's Trial Memorandum
18-08-2008 - Motion in limine re Weemer's Polygraph Interview
20-08-2008 - Opposition to Defendant's Motion in limine
21-08-2008 - Order Granting Motion in limine
25-08-2008 - Motion for Judgment of Acquittal
28-08-2008 - Judgment of Discharge