More charged sought in fragging that killed captain
[ As I recall both officers killed were White, and the mud named Martinez claimed racism motivated him in some fashion. This was a Goyfire topic]
By [color="Red"]MICHELLE TAN
ARMY TIMES STAFF WRITER
FORT BRAGG, N.C. — A military court yesterday recommended for court-martial additional charges against a former New York National Guard staff sergeant accused of killing Capt. Phillip Esposito of Suffern and another officer in Iraq.
Investigating officer Col. Patrick J. Reinert announced his decision after hearing testimony from four witnesses during a second hearing for Staff Sgt. Alberto B. Martinez, 38, of Troy, N.Y.
Martinez is accused of premeditated murder in the June 7 deaths of Esposito, who was his company commander, and 1st Lt. Louis Allen, the company's operations officer, at Forward Operating Base Danger near Tikrit.
This is believed to be the first prosecution of a soldier accused of killing a superior officer — also known as fragging — while in Iraq.
The new charges include wrongful possession of a privately owned firearm, unexploded ordnance and alcohol, and wrongfully giving government printers and copiers to an Iraqi. "[color="Red"]What this shows is a disturbing pattern of misconduct by the accused," said the prosecutor, Capt. Adam Siple.
Reinert plans to recommend that the murder charges, addressed in an Article 32 hearing in Kuwait, and the new charges be tried together. He was the investigating officer for both Article 32 hearings, the military equivalent of a grand jury proceeding.
Yesterday's hearing brought Martinez within 10 feet of the Esposito and Allen families. The officers' wives, Siobhan Esposito and Barbara Allen, attended the hearing. Also present were the officers' parents and siblings.
Barbara Allen and Esposito's mother, Joan, cried when Martinez, flanked by three military police officers, was brought into the room.
Martinez's wife, Tammy, also attended the hearing, but the families took care to avoid one another.
[color="Red"]Martinez, the supply sergeant for Headquarters and Headquarters Company, 42nd Infantry Division, was "fiduciary and guardian" of Army and government equipment, but he gave it away to an Iraqi, an interpreter who goes by the nicknames "Pablo" and "Tiger," Siple said.
"The picture that emerges is Staff Sgt. Martinez engaged in dirty dealings … with Iraqi citizens," he said.
Pablo, whose real name wasn't revealed because he continues to work with U.S. forces in Iraq as an interpreter, testified by phone.
At the beginning of his testimony, Pablo said hello to Martinez.
"He's my good friend," Pablo said, as Siobhan Esposito and Barbara Allen gasped. [color="Red"]Pablo testified that he asked Martinez if he had any printers Pablo could sell. Martinez said yes, and Pablo said he took about 20 machines and sold them in Kirkuk for about $800.
The recommendations will be forwarded to a special court-martial convening authority at Fort Bragg, which will make recommendations to a general convening authority. A decision then would be made on whether charges would be referred to a court-martial, and if the death penalty would be sought.
http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20060404/NEWS03/604040354/1019
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