RIVERSIDE – A federal judge in Riverside, Calif., has ordered two Marines released from jail despite their refusal to testify before a grand jury investigating the alleged killing of Iraqi detainees in 2004.

U.S. District Judge Stephen Larson said Thursday that Sgt. Jermaine Nelson and Sgt. Ryan Weemer were still in contempt of court, but that keeping them jailed was futile. The grand jury is primarily looking at the actions of former Sgt. Jose Nazario, who faces manslaughter charges in federal court.

Nelson and Weemer face charges in military court relating to the alleged killing of detainees during the battle for Fallujah. Both had expressed concern that their testimony could be used against them by military prosecutors.