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Murder trial a lost cause

Determination is a defining characteristic of the Corps, shaping everything from firefights to budget debates to political scuffles.

Perseverance planted the flag on Mount Suribachi. Kept the MV-22 Osprey program alive. Took out the trash in Anbar.

As a result of their shared commitment to never giving up, Marines are sometimes seen by others as inflexible, which is generally fine with Marines. They don’t let the standards slip. They don’t back down from the fight.

Unfortunately, this ethos is working against one of their own.

Sgt. Jermaine Nelson is the third of a trio of Marines charged with murdering Iraqi detainees in a house on the opening day of the Second Battle of Fallujah. The government alleges they shot and killed four unarmed men.

Despite two trials that ended in acquittals, the Corps rejected an April 24 plea by Nelson’s defense to drop the charges.

This is one case where the right thing to do is back down.

Former Sgt. Jose L. Nazario was acquitted of all charges by a federal jury in August. His squadmate Sgt. Ryan Weemer was found not guilty during a court-martial in April.

All three have refused to testify, leaving the Corps fighting an uphill battle because there are no other eyewitnesses to whatever happened that day in Fallujah.

Juries have heard the facts of the case twice already and dismissed the charges both times. In pursuing its case against Nelson with the same evidence, the government is hoping the third time is a charm. In reality, though, it’s pursuing a lost cause and undermining faith in military justice.

We will likely never know exactly what happened in that house four years ago. A third trial isn’t going to clear that up.