U.S. Soldier Acquitted In "Fragging" Trial

National Guardsman Cleared Of Murder Charges In Deaths Of Two Superior Officers At Iraqi Base

(AP)  A soldier was acquitted of murder Thursday in the 2005 bombing deaths of two superiors in Iraq, triggering loud outbursts and gasps from the slain officers' families.

A military jury found National Guard Staff Sgt. Alberto Martinez not guilty of two counts of premeditated murder in the deaths of Capt. Phillip Esposito and 1st Lt. Louis Allen. Both officers were killed when an anti-personnel mine detonated in a window of their room at a U.S. military base in Iraq in June 2005.

"He slaughtered our husbands and that's it?" yelled Allen's widow, Barbara Allen, moments after the verdict was read. Someone else shouted out that Martinez was a "murdering son of a bitch" before the judge quickly ordered the courtroom cleared.

The 14-member jury spent two days deliberating following a six-week trial at Fort Bragg, during which Martinez chose not to testify. The New York National Guard soldier could have faced the death penalty if he had been convicted.

"We are pleased that the military justice system worked," the Martinez family said in a written statement released afterward by defense attorneys. "Our sympathies go out to the families of the victims."

Martinez, 41, of Troy, N.Y., was the first soldier from the wars in Iraq and Afghanistan to have been accused of killing a direct superior, a crime known as "fragging" during the Vietnam war. All three men were members of the 42nd Infantry Division.

Esposito, 30, of Suffern, N.Y., worked as an information technology manager in Manhattan and was Martinez's company commander. Allen, 34, of Milford, Pa., was a high school science teacher and the company operations officer. The Espositos had a young daughter, and the Allens had four young sons.

Witnesses had testified that Esposito and Martinez were at odds and clashed regularly because the officer thought Martinez was lax in his operation of the unit's supply room.

Lt. Col. Kerry Erisman, the chief prosecutor at Fort Bragg, refused to say when Martinez would be released, citing security concerns. Martinez was escorted out of the courtroom soon after the verdict and wasn't available for comment.

When asked what the acquittal said about their prosecution, Erisman responded: "We wouldn't have brought charges if we weren't convinced that Staff Sgt. Martinez was guilty."

The Army reported hundreds of "fragging" incidents between 1969 and 1971, but only four soldiers have been court-martialed or charged with killing a fellow soldier since the Iraq war began in 2003.

Before the trial began, Martinez was discharged from the National Guard and assigned to Fort Bragg for the purposes of the court-martial. He is allowed to leave the military because he has completed his term of service.

Several other charges were dropped earlier this year, including counts of illegal possession of a firearm, alcohol and explosives. Martinez also had been accused of illegally giving government printers and copiers to an Iraqi, a charge also dropped.

Before reaching a verdict, military jurors spent several hours Thursday reviewing the recorded testimony of trial witnesses, including a sergeant who said she had delivered explosives to the supply room Martinez oversaw shortly before the bombing.

Prosecution witness Staff Sgt. Amy Harlan said she delivered ammunition and Claymore mines - the type of explosive that killed the officers - to Martinez's supply room about a month before the fatal bombing. Harlan said she neither received nor requested a receipt documenting who took the equipment, a usual military practice.

Sgt. 1st Class Ashvin Thimmaiah's testimony also was reviewed. He said Esposito asked him for a list of "potential candidates to take over the supply room" the day before he was killed.

Staff Sgt. David Wentzel, in testimony recorded in October, said Martinez "seemed unconcerned" moments after the fatal blast.

Wentzel said he assumed Martinez was shell-shocked because he didn't respond when he yelled for Martinez to take cover. Wentzel said he jumped up and pulled Martinez to the shelter of a building.

"I was expecting there was more to come," Wentzel testified. "He was standing in the middle of the road not trying to seek cover or anything. It was almost like he knew it was over."

[mydiatribe]

If this was an accident there would be wires.
Some people are willing to believe anything is possible. Quoting HDT (Henry David Thoreau) "Some circumstantial evidence is quite conclusive such as a TROUT in the milk."

[mydiatribe]

ibsteve2u == FYI- I''ve been both Regular Army and National Guard. Both Officer and Enlisted and my gut is talking to me. It''s been talking to me ever since this incident came to light.
I''ve read all I have to. I KNOW THIS scurrelous SSGT did it. He is getting away with it.

One can only hope someone does him in before he does some one else. Remember this dude''s name it will surface again just like OJ Simpson.
Once a THUG always a THUG!

[noloyalisti]

If your commanders are encouraging and participating in illegal wars, torturing and killing civilians, and using illegal chemical weapons like white phosphorus it is the soldiers right to stop it at any cost.

[missingamerica]

The Vietnam era claymore mine was customarily a command detonated device which means there would be wires and a trigger. Good forensics should have determined who squeezed that trigger.

Either way this was a deliberate, premeditated assassination of two quality military officers by an unstable, and vindictive reprobate.

My years of military experience convince me that this StaffSgt. likely did it a flawed Military Justice system has permitted him to walk.

I''m sure it was a lack of conclusive forensic evidence by the prosecution that is responsible for this acquittal. NEVERTHELESS HE DID IT!

Posted by mydiatribe at 06:28 PM : Dec 05, 2008

My years of military experience agree with you that the Claymore indeed is a simple command-operated device.

My tendency towards logical thought, however, is bemused by the fact that you, too, jump to the conclusion that this E-6 is guilty even though you go out of your way to observe that apparently no evidence of wiring or any other means of detonating a Claymore REMOTELY was found.

I must take into consideration the fact that it wouldn''t be the first time that a science teacher assumed that his or her experience at performing trivial experiments by rote in the classroom translated into automatic proficiency in the real world.

That is, there is insufficient evidence to rule out an accident.

After all, the people who make the Claymore feel compelled to print "Front Towards Enemy" on one side for a reason...

[runningralph]

rjmCBS wants to end the war now. She doesn''t say how this could be done. Even if the US surrenders, the war will go on, because other countries will not surrender. The Indians, Chinese, Russians, maybe even some European countries will continue to fight. Of course if the US surrenders and is taken over by jihadists, the remaining resistors will have a much more difficult war.

[mydiatribe]

I''''m disappointed but not surprised by this verdict.
The discipline that was once impressed indelibly upon every soldier who served has eroded in deference to a
more progressive humane approach. There is a sad consequence to this. Many who are not psychologically fit are servinge unwittingly imposed upon young field commanders.

The Vietnam era claymore mine was customarily a command detonated device which means there would be wires and a trigger. Good forensics should have determined who squeezed that trigger.

Either way this was a deliberate, premeditated assassination of two quality military officers by an unstable, and vindictive reprobate.

My years of military experience convince me that this StaffSgt. likely did it a flawed Military Justice system has permitted him to walk.

This is a TRAVESTY of JUSTICE; it may be difficult to prove without a surviving eye witness.

I''''m sure it was a lack of conclusive forensic evidence by the prosecution that is responsible for this acquittal. NEVERTHELESS HE DID IT!

[sophieora]

Lou Allen was my daughter''s high school physics teacher. She was one of three who passed the regents that year in her class largely due to Mr. Allen. Some of you people posting comments here have no grip on reality. Allen was in Iraq just 10 days when this happened. He left a wife with four young sons. He was a good man, a great teacher, and truly a role model for these kids-he did the right thing. Mr. Martinez who may be or not be a US citizen previously torched his home in Troy,NY because he could not pay the mortgage. Justice has been denied these families because of political correctness gone awry.Know your facts before you open your mouth or risk appearing stupid.

[sophieora]

Lou Allen was my daughter''s high school physics teacher. She was one of three who passed the regents that year in her class largely due to Mr. Allen. Some of you people posting comments here have no grip on reality. Allen was in Iraq just 10 days when this happened. He left a wife with four young sons. He was a good man, a great teacher, and truly a role model for these kids-he did the right thing. Mr. Martinez who may be or not be a US citizen previously torched his home in Troy,NY because he could not pay the mortgage. Justice has been denied these families because of political correctness gone awry.Know your facts before you open your mouth or risk appearing stupid.

[sophieora]

Lou Allen was my daughter''s high school physics teacher. She was one of three who passed the regents that year in her class largely due to Mr. Allen. Some of you people posting comments here have no grip on reality. Allen was in Iraq just 10 days when this happened. He left a wife with four young sons. He was a good man, a great teacher, and truly a role model for these kids-he did the right thing. Mr. Martinez who may be or not be a US citizen previously torched his home in Troy,NY because he could not pay the mortgage. Justice has been denied these families because of political correctness gone awry.Know your facts before you open your mouth or risk appearing stupid.

[andrew_693]

now a couple of american families knows how thousands of iraqi families feel about your military "justice". The military should give the families 2500 dollars for their loss like they do with iraqi families when they bombo the wrong house and tell them to go enjoy themselves like they do with the iraqies.

[andrew_693]

when these people were sent to war they should have assumed they would die one way or another. When they found out they would go to iraq to look for non existent weapons of mass destruction they should have known they would die for absolutely nothing.

[redbds]

I know people in the military that rape women and then slit their throats, then turn around and bomb the building and claim it as "being under fire" so I don''''t trust our accountability and mentality of our own military.

Posted by marcosis78 at 10:31 AM : Dec 05, 2008

You are an idiot. Who do you think you know?

[braggwife]

I live at Fort Bragg and am an Army wife. I have followed this story closely, both in local and national media, and am absolutely shocked by this verdict. My deepest sympathies go out to the families of the victims, who are left to grapple with the fact that there will be no one held accountable for the death of their loved ones.

While we should all encourage freedom of thought and expression, please remember that the families of the victims suffered a devastating loss when their Soldiers died, and had to relive that pain during the trial and are now essentially forced to grieve all over again. Please be cognizant of that as you post your comments.

[powmadeak47]

Sounds like they had no real evidence.
Just some 1/2 rate circumstances

[pkelly79]

Ok ... so who did stick the mine in the window? This story seems odd - its like they know he did it, the just didn''t find him guilty of this particular crime...

[rjmcbs]

The army hardly ever convicts any of their own for the murder of innocent men,women,children,animals,towns,cities,countries
or even their own soldiers.
End the War NOW!

[deepperppl]

I just love how people interpret reactions of those who are in shock. So Martinez was paralyzed, stuck to the spot when the explosion occurred. That doesn''t mean "he knew it was over". Gimme a break. You gotta have more than a poor interpretation of someone else''s state of mind - especially considering that it came from someone who wasn''t trained to make that kind of assumption. How on earth can you be 100% sure 100% of the time of what motivates others? Should never have been allowed as testimony in a courtroom. Maybe that''s what made the jury acquit Martinez: the only "evidence" was circumstantial and based on assumption. Would you send someone to prison for life if the prosecution failed to make their case 100% solid? Hunches and coincidence don''t count in court.

[evian_ycnan]

Military justice is to justice as military music is to music.

[puritan9]

War creates an opportunity for many psychopaths to exercise their ambitions. Soldiering is form of legitimizing the taking life of another human being. It is not solving the problem that created the hostility. Mankind cannot progress with this type of "civilization".

[wtcmedic911]

This article failed in my opinion to give the reasons in depth why the jury chose such a verdict. I hope the jury had info we are not privy to because if this was as written what an injustice. I would not be surprised if he doesnt have to look over his shoulder all of his days. id be coming for him if it was my family.