US Marines refuse to testify in Iraq prisoner death trial

Two US Marines facing murder charges in connection with the deaths of Iraqi prisoners in Fallujah in 2004 were declared in contempt of court Friday after refusing to testify against a former comrade on trial.

Lawyers for Jermaine Nelson and Ryan Weemer said the Marines would not give crucial evidence for the prosecution against Jose Nazario, despite assurances their testimony would not be used against them in their military trials.

Nelson and Weemer are both charged with unpremeditated murder and dereliction of duty for their roles in the killing of four unarmed Iraqis taken prisoner during fierce fighting in Fallujah four years ago.

Nazario, 28, is being prosecuted in a US Federal Court on charges of voluntary manslaughter, assault with a dangerous weapon and discharging a firearm. It is the first time a military veteran has been tried by a civilian jury for actions that occurred during combat.

Nelson's lawyer Joseph Low and Weemer's counsel Christopher Johnson told Judge Stephen Larson that neither soldier would give evidence against Nazario.

The refusal to testify came despite Larson informing lawyers that the military prosecutor overseeing their courts martial at Camp Pendleton had said in a letter that Nelson and Weemer's testimony would not be used against them.

"There is no doubt in my mind as a matter of law, nothing that is said in this courtroom could be used in Camp Pendleton. Period," Larson said.

However Low said lawyers were skeptical that the letter would carry enough protection, noting that it had not been signed by the Marines' top commander.

"Why is it the one person who could sign it won't do it?" Low asked the judge. "It's suspicious, sir."

Both Weemer and Nelson were jailed earlier this year for contempt after refusing to testify against Nazario during a grand jury hearing.

However Larson declined to jail the two men on Friday, instead ordering them to return to court on September 29 to begin contempt proceedings.

On Thursday, prosecutors told the jury that Nazario had ignored clear rules about how to treat prisoners and ordered the execution-style killing of four "unarmed, submissive, docile" detainees during a house search.

Nazario is alleged to have shot dead two of the captives himself before ordering subordinates Weemer and Nelson to kill the others.

The case came to light after Weemer, 25, underwent a background screening for a job in the US Secret Service in 2006, and gave details of the incident after being asked if had ever taken part in an unjustified killing.

The revelation triggered an investigation by the US Naval Criminal Intelligence Service which saw Nazario's squad mates questioned.

However without Weemer's testimony to the events in Fallujah, the prosecution's case appears to have been weakened.

"This is the 'no' case -- no bodies, no evidence, no identification of alleged victims, no witnesses," defense lawyer Joe Preis told AFP on Friday.

Asked what effect Nelson and Weemer's refusal to testify would have on the trial, Preis replied: "It's our position that it has no impact on this no case. (But) It doesn't hurt us for sure."