2 Marines refuse to testify in Iraq case

LOS ANGELES, Aug. 23 (UPI) -- Two Marines' refusal to testify at the trial of their ex-squad leader accused of killing Iraqi detainees should mean jail time for them, a prosecutor argues.

Sgt. Ryan Weemer and Sgt. Jermaine Nelson declined to testify against former Sgt. Jose Nazario in the first civilian trial of a former service member, with Assistant U.S. Atty. Jerry Behnke asking for them to be jailed for six months, the Los Angeles Times reported Saturday. Both military men are facing their own murder trials at Camp Pendleton in the same 2004 shootings of Iraqi prisoners.

U.S. District Judge Stephen Larson refused to take immediate action against the two sergeants, setting a Sept. 29 hearing for any contempt charges.

Attorneys for Weemer and Nelson say their clients are concerned that any testimony could be used against them in their own courts-martial, even though Larson said he has been assured that immunity given the two in federal court will be honored by the Marine justice system.

Nazario faces charges of manslaughter, assault and using a firearm in a violent crime in federal court because he had left the Marine Corps before the investigation began in 2006.