Marines refuse to testify in criminal case

NCT:

Two Marines who refused to testify Friday against a comrade facing a civilian court trial for the 2004 slayings of four detainees in Iraq are guilty of criminal contempt of court, a federal judge ruled.

U.S. District Judge Stephen Larson said he would schedule a hearing within 30 days to determine what punishment to levy against Marine Sgts. Ryan Weemer and Jermaine Nelson for withholding testimony against their fire team leader in Iraq, former Marine Sgt. Jose Luis Nazario Jr.

Assistant U.S. Attorney Jerry Behnke was visibly angered at their refusal to testify, and called the move "a charade being perpetrated on this court."

The judge said that while there wasn't sufficient reason for them not to testify, "Placing either of these two men in jail would have no effect. There is probably not a whole lot in this world that these men fear."

...
Lawyers for the two men argued that the limited immunity offered was inadequate to protect their client, but it was clear that if what the lawyers had asked for were given these two still would not testify. They are just not going to help a civilian court prosecute one of their comrades.

I am not sure this is best for them or their buddy. Their testimony could give the jury the context it needs to see to acquit the Marine who is on trial. A civilian jury may not be aware of the complex nature of the threats in Iraq and the enemy's violations of the rules of war.

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