Federal court to hear Iraq killing case

RIVERSIDE, Calif., Aug. 20 (UPI) -- A former U.S. Marine will be the first defendant to face a civilian trial for an alleged homicide that occurred in Iraq, The San Diego Union-Tribune said.

Jose Nazario, 28, Riverside, Calif., will stand trial in federal court for allegedly killing two prisoners while serving with the Marines during the battle for Fallujah in 2004.

Opening statements will take place Thursday in U.S. District Court in Riverside.

The Union-Tribune said Wednesday that Nazario will be tried under a law passed in 2000 that gives civilian courts jurisdiction in cases involving defendants who allegedly committed crimes while in the military but have since left the service.

Since Nazario isn't on reserve or active-duty status, he cannot be taken back to face a court-martial.

That fact concerns some legal observers who told the newspaper it could be difficult for a civilian jury to grasp the stresses of being in combat; however others said that the arrangement closes a loophole that could allow ex-service members to escape prosecution for alleged wartime atrocities.