512:
one question arose over whether the government's pursuit of the death penalty may lead defendants to plead to crimes they have not committed in order to avoid death as a punishment. Another question focused on the alleged inflexibility of the military's punishment scheme, as the government had apparently rejected
Martinez's 2006 plea on the grounds that Martinez would have been eligible for parole within ten years if sentenced to life, even after pleading guilty to second-degree murder in the slaying of Esposito and Allen.
27:
326:
448:. In addition to the charges of premeditated murder, Martinez was charged with one count each of wrongful possession of a privately owned firearm, unexploded ordnance, and alcohol, as well as wrongfully giving government property – in this case printers and copiers – to an Iraqi national. One of the defense motions was to sever the murder charges from the others. The case was scheduled to go to trial in August 2007.
470:
when he came through her dining facility a few days before the explosion. On one occasion when Pelton asked
Martinez how he was doing, he made a noise simulating an explosion and said, "Frag him, frag. I mean it." Approximately twenty other soldiers and officers testified that they had heard Martinez
511:
in an attempted plea bargain that was ultimately rejected by the government. His guilty plea offer was signed by his two Army defense lawyers, who were permitted by Army regulations to sign the offer only if they believed at the time that
Martinez committed the crime. Subsequent debate was twofold:
372:
Witnesses later testified that
Martinez had openly threatened to kill Esposito, who had previously disciplined him for poor job performance; Esposito had also initiated proceedings that might have resulted in Martinez being discharged from the military or removed from his full-time Guard position.
364:
to qualify for duty." Witnesses testified that
Martinez "could not account for hundreds of thousands of dollars in missing equipment." Esposito eventually restricted Martinez from going into the supply area without an escort. Martinez feared Esposito would get him kicked out of the National Guard,
393:
hearing, in Kuwait rather than Tikrit, in order to allow the wives of
Martinez, Esposito and Allen to attend; all three did. In addition, the Army arranged for transmission of an audio link of the two-day proceedings to West Point to allow other family members in the U.S. to follow them. Nine
329:
In 2005, Army prosecutors accused Staff
Sergeant Alberto B. Martinez of Schaghticoke, New York, (above), of murdering Captain Phillip Esposito and First Lieutenant Louis Allen. An XVIII Airborne Corps court-martial subsequently acquitted Martinez of all charges on December 4th,
535:. She argued that Taluto, who had served as the commanding general of her husband's National Guard unit, was negligent when leaders under his command failed to hold Martinez to account for his many threats against her husband. After Esposito complained to the
359:
Esposito and
Martinez had come into conflict before arriving in Tikrit in April 2004, as Esposito tried to bring the sergeant in line. Martinez was later described in court "as a poorly disciplined and foul-mouthed guardsman who needed a special
569:
U.S. soldiers charged with intentionally killing superior officers during the Iraq War, and the only one to occur in Iraq. To date, the Army has not publicly identified or charged any other individual in
Esposito and Allen's slaying.
478:, and prosecution witnesses' testimonies were inconsistent. The defense team also presented evidence that Martinez was not the only soldier in the unit with a grudge against Esposito. After two days of deliberations, the jury
539:
about Taluto, he withdrew his nomination. She also argued that military leaders should strictly enforce regulations that prohibit threats against superiors and encourage soldiers to report violations of military discipline.
356:, near Troy, Martinez was married with two children. He had joined the New York Army National Guard in 1990 and been assigned to Iraq in 2004. He was serving as the supply sergeant of the unit headed by Esposito and Allen.
405:
In early 2006, Martinez learned of additional evidence against him. This included testimony from a soldier who said she had given
Claymore mines and grenades to Martinez shortly before the killings. On April 3, 2006, he
466:, beginning in October 2008, with Colonel Stephen Henley sitting as the trial judge. During the trial, Sergeant Sandra Pelton, a 42nd Division cook, testified for the prosecution that Martinez twice mentioned
373:
Esposito was considered the target of the attack, as Allen had arrived in the unit in Tikrit only days before. Witnesses placed Martinez in the vicinity of the Water Palace shortly after the explosion.
482:
Martinez on December 4, 2008. In the military, at the time, a two-thirds vote by the jury was needed for conviction. The prosecutor in the case speculated that some jurors' known opposition to the
551:
for a hearing on the matter. As of January 2017, the Army has denied her request, citing the lack of a "nexus to enemy action" that would merit an awarding of the medal. Allen also wrote a
253:. Esposito was the company commander and had been stationed in Iraq about six months. Allen was the company's new operations officer; he had arrived in the unit just four days before.
1259:
498:
from the National Guard. Publicly, Martinez "proclaimed his innocence and a sense of vindication." Military prosecutors repeated their belief in Martinez's guilt.
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or rocket attack. When they determined that the blast was deliberately caused by a hand-placed explosive device, they began looking for suspects. Learning that
298:
1296:
433:
over the legal proceedings, rejected the plea agreement. Vines sent the case to court-martial under two counts of premeditated murder, Article 118 of the
1306:
345:
Alberto B. Martinez, 37, had made numerous threats against Esposito, and based on their investigation, they arrested and charged him with two counts of
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1301:
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Military investigators determined that the mine was deliberately placed in the window and detonated to kill Esposito and Allen.
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and the only one to take place in Iraq, in contrast to numerous incidents among United States forces during the
26:
1024:
451:
In August 2008, the defense asked the judge to dismiss the murder charges because of what they alleged was the
229:
in Esposito's office in the Water Palace building on the United States Forward Operating Base (FOB) Danger in
702:
475:
395:
822:
667:"Army Staff Sergeant Alberto Martinez, Acquitted of Murder of Two Officers in Iraq, Speaks with Reporter"
1286:
1232:
543:
In 2009, Allen's widow, Barbara Allen, initiated an effort to compel the Army to posthumously award the
309:
555:
about her experiences in the face of her husband's death, Martinez's court-martial, and his acquittal.
1163:
1158:
877:
671:
508:
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exploded in the vicinity of Esposito's office. The two injured officers were rushed to a hospital at
31:
A temporary memorial to Phillip Esposito and Louis Allen erected in Tikrit shortly after their deaths
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751:
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430:
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to her husband for his slaying. She unsuccessfully petitioned the Military Awards Board and the
272:. Both died early June 8, 2005, from serious internal injuries suffered in the first explosion.
301:. More than 500 people attended his funeral on June 16, 2005, after his body was returned home.
1253:
979:"Fragging Widow Applauds General's Withdrawal to Serve as Director of the Army National Guard"
643:
349:. This happened the same week in June that Esposito and Allen were buried in their hometowns.
294:
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528:
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246:
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trying to influence a witness who could help the defense. The judge refused the request.
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into the office space and fatally wounding the two officers. Seconds later, several
544:
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313:
286:
269:
261:
150:
145:
Alberto B. Martinez, who was in the officers' unit, was charged with two counts of
334:
Military investigators initially thought that the two officers were killed by an
474:
Martinez's defense team countered that the Army's evidence against Martinez was
452:
233:, Iraq. The officers were from the Headquarters and Headquarters Company of the
225:
196:
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422:
390:
157:
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335:
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placed next to the window of Esposito's office exploded, blasting 700 steel
173:
95:
1114:"'Fragging' jurors find Martinez not guilty in murder of 2 local officers"
444:
asked for more time to prepare its case and presented the judge with four
297:, with his wife and eighteen-month-old daughter. He was a graduate of the
1141:
467:
250:
192:
188:
742:"Guardsman faces murder charges in deaths of two officers at FOB Danger"
559:
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to plead guilty to murder in exchange for a life sentence with parole;
1092:"Soldier accused of killing superior officer arraigned at Fort Bragg"
552:
415:
361:
230:
112:
59:
249:; it was deployed to Iraq in support of American operations in the
324:
207:
for the first incident, which took place in March 2003 in Kuwait.
304:
Louis Allen, a high-school physics and earth sciences teacher in
149:. In 2006, two years before the trial, Martinez volunteered in a
1041:"Alberto Martinez, soldier acquitted of killing superiors, dies"
402:
for Martinez on murder charges based on the evidence presented.
63:
1132:
507:
revealed that Martinez had offered in 2006 to plead guilty to
1226:
Woolverton, Paul, and Corey G. Johnson (December 5, 2008).
565:
The case was one of only two publicly known instances of
520:
In 2009, Esposito's widow, Siobhan Esposito, opposed the
203:
had been convicted on charges of premeditated murder and
639:"For two widows, a soldier's trial is their battlefield"
594:"Hearing starts for soldier accused of fragging in Iraq"
823:
Staff, "Defense for alleged fragger asks for more time"
794:"After Guilty Plea Offer, G.I. Cleared of Iraq Deaths"
199:
of the 1960s and early 1970s. In April 2005, Sergeant
1026:
Front Toward Enemy by Barbara Allen | Kirkus Reviews
935:"Fragging Widow Slams Taluto as Unfit to Lead Guard"
187:
The case was one of only two publicly known alleged
91:
80:
69:
51:
36:
134:, were mortally wounded in Esposito's office by a
1203:"Rainbow Division Soldiers mourn fallen comrades"
1000:"slain-soldiers-wife-renews-fight-purple-heart"
494:Soon after his acquittal, Martinez received an
486:may have influenced their votes for acquittal.
1070:"Soldier to receive fragging hearing Thursday"
909:"Widows pursue justice in soldiers' slayings"
902:
900:
223:Louis Allen, 34, were playing the board game
8:
1258:: CS1 maint: multiple names: authors list (
878:"Defense wraps up in fragging court-martial"
632:
630:
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626:
624:
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299:United States Military Academy at West Point
19:
1181:"Court-martial advised in alleged fragging"
850:"Judge refuses to dismiss Martinez charges"
735:
733:
731:
729:
727:
725:
191:incidents among American forces during the
105:deaths of Phillip Esposito and Louis Allen
25:
20:Deaths of Phillip Esposito and Louis Allen
18:
1228:"Jury acquits Martinez of murder charges"
1201:Operation Iraqi Freedom (June 23, 2005).
792:von Zielbauer, Paul (February 21, 2009).
787:
785:
783:
781:
779:
777:
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587:
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583:
838:, 18 April 2007, accessed 15 March 2013
703:"More than 500 attend Esposito funeral"
579:
1251:
1135:and Associated Press (June 16, 2005).
977:Esposito, Siobhan (January 29, 2010).
558:On January 22, 2017, Martinez died in
398:Patrick Reinert recommended a general
1179:Giordono, Joseph (November 2, 2005).
1112:Associated Press (December 4, 2008).
1090:Associated Press (November 3, 2006).
876:Thompson, Estes (November 25, 2008).
637:Zucchino, David (November 29, 2008).
592:Giordono, Joseph (November 1, 2005).
16:Fragging incident during the Iraq War
7:
957:"Media Mentions and the Army's Spin"
848:Associated Press (August 22, 2008).
316:, with his wife and four young sons.
1157:Gavin, Robert (December 16, 2008).
1137:"Soldier Charged In Officer Deaths"
665:Gavin, Robert (December 16, 2008).
1297:United States Army in the Iraq War
955:Esposito, Siobhan (May 30, 2009).
933:Esposito, Siobhan (May 14, 2009).
740:Giordono, Joseph (June 18, 2005).
381:In October and November 2005, the
14:
1307:Events that led to courts-martial
490:Acquittal and honorable discharge
907:Zucchino, David (8 April 2010).
435:Uniform Code of Military Justice
215:On the evening of June 7, 2005,
1302:American people murdered abroad
1068:Army Times (October 17, 2007).
537:Senate Armed Services Committee
270:Forward Operating Base Speicher
701:Easley, Hema (June 16, 2005).
680:(Reprint of newspaper article)
458:The court-martial was held at
1:
1159:"Army said no to guilty plea"
471:threaten or insult Esposito.
109:Forward Operating Base Danger
107:occurred on June 7, 2005, at
56:Forward Operating Base Danger
1282:Military in New York (state)
1097:International Herald Tribune
410:to murder in exchange for a
239:New York Army National Guard
168:, rejected the deal. In the
125:New York Army National Guard
1211:Multinational force in Iraq
408:volunteered to plead guilty
1338:
1277:United States military law
219:Phillip Esposito, 30, and
160:, commander of the Army’s
24:
1317:June 2005 events in Iraq
414:with the possibility of
176:on December 4, 2008, at
562:of unspecified causes.
1322:Tikrit in the Iraq War
369:2,859 in monthly pay.
354:Schaghticoke, New York
331:
235:42nd Infantry Division
132:42nd Infantry Division
40:June 7, 2005
1233:Fayetteville Observer
549:Secretary of the Army
501:In 2009, a report in
394:witnesses testified.
328:
119:Phillip Esposito and
1312:2005 murders in Iraq
1164:Times Union (Albany)
682:on February 11, 2009
672:Times Union (Albany)
522:Obama Administration
509:second-degree murder
427:XVIII Airborne Corps
123:Louis Allen, from a
797:(Newspaper article)
754:on February 3, 2013
533:Army National Guard
531:as director of the
496:honorable discharge
440:In April 2007, the
431:convening authority
425:, commander of the
377:Proceeding to trial
347:premeditated murder
281:Philip Esposito, a
258:M18A1 Claymore mine
166:convening authority
162:18th Airborne Corps
147:premeditated murder
86:premeditated murder
76:Alberto B. Martinez
21:
1292:Occupation of Iraq
828:2011-10-01 at the
802:The New York Times
504:The New York Times
420:Lieutenant General
387:Article 32 hearing
383:United States Army
332:
205:sentenced to death
1186:Stars and Stripes
1006:. 9 November 2015
913:Los Angeles Times
747:Stars and Stripes
644:Los Angeles Times
599:Stars and Stripes
524:'s nomination of
418:after ten years.
321:Focus on Martinez
295:Suffern, New York
201:Hasan Karim Akbar
101:
100:
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1240:on April 6, 2009
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306:Tuxedo, New York
221:First Lieutenant
121:First Lieutenant
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1287:2005 in Iraq
1244:February 23,
1242:. Retrieved
1238:the original
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1215:. Retrieved
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1190:. Retrieved
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859:. Retrieved
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806:. Retrieved
800:
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756:. Retrieved
752:the original
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712:. Retrieved
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684:. Retrieved
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648:. Retrieved
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603:. Retrieved
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314:Pennsylvania
287:Smith Barney
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151:plea bargain
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127:unit of the
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1045:Times Union
308:, lived in
293:, lived in
197:Vietnam War
1271:Categories
1050:2017-01-31
1010:2017-01-31
1004:Army Times
574:References
460:Fort Bragg
453:prosecutor
423:John Vines
391:grand jury
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178:Fort Bragg
158:John Vines
138:and died.
44:2005-06-07
480:acquitted
336:insurgent
291:Manhattan
174:acquitted
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1254:cite web
1142:CBS News
918:15 March
826:Archived
567:enlisted
468:fragging
385:held an
266:grenades
251:Iraq War
247:New York
193:Iraq War
189:fragging
164:and the
155:Lt. Gen.
115:, Iraq.
52:Location
560:Florida
446:motions
442:defense
396:Colonel
310:Milford
276:Victims
217:Captain
117:Captain
92:Verdict
81:Charges
70:Accused
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553:memoir
416:parole
362:waiver
339:mortar
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688:2009
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429:and
367:US$
285:for
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