Official not seeking contempt for Marines

RIVERSIDE, Calif., Sept. 23 (UPI) -- A U.S. prosecutor said Tuesday he will not seek contempt charges against two Marines for refusing to testify against an ex-Marine on civilian killings in Iraq.

Assistant U.S. Attorney Jerry Behnke said he decided not to pursue the contempt charges against Marine Sgt. Ryan Weemer and Sgt. Jermaine Nelson "in the interest of justice," the Los Angeles Times reported Tuesday.

U.S. District Judge Stephen Larson in Riverside, Calif., will decide if the contempt proceedings will be dropped.

The two Marines had refused to testify in the trial of Jose Luis Nazario, the 28-year-old Marine who was acquitted last month in the 2004 killings of four unarmed Iraqi prisoners in Fallujah.

"While the actions of the witnesses were unlawful and in direct violation of the court's orders in this case, the government submits that proceeding with a trial regarding contempt would not be in the interest of justice," Behnke said in court papers. "The punitive affects of further contempt proceedings against these witnesses would serve little, if any, purpose in light of the severity of the charges the witnesses face in military court."

The two Marines still face criminal charges for their alleged role in the civilians' deaths.