Military News, News From Iraq & Afghanistan - Military Times

Case of alleged Iraq fragging goes to jury

FORT BRAGG, N.C. — A military jury must now decide whether a New York soldier is guilty of killing two superior officers in the first alleged “fragging” case arising from the war in Iraq.

The case against Staff Sgt. Alberto Martinez was given to jurors Tuesday after about five hours of closing arguments at Fort Bragg, capping nearly six weeks of testimony. Jurors were expected to begin deliberations Wednesday morning.

Martinez, 41, could face the death penalty if convicted of premeditated murder in the deaths of Capt. Phillip Esposito of Suffern, N.Y., and 1st Lt. Louis Allen of Milford, Pa.

Both men were killed when an anti-personnel mine detonated in a window of their room at Saddam Hussein’s Water Palace in June 2005. The palace had been converted into a U.S. military base in Tikrit.

Martinez is the first soldier from the wars in Afghanistan and Iraq to be accused of killing a direct superior, a crime known as “fragging” during the Vietnam War. Witnesses have testified that Martinez and Esposito were at odds because Esposito believed Martinez was lax in operating the unit’s supply room.

During closing arguments, prosecutor Maj. John Benson asked jurors to recall testimony about Martinez’s frustration and animosity toward Esposito. Benson also noted testimony about Martinez’s ability to get Claymore mines, the type of explosive that killed the officers.

“Those are signposts that will lead you to the truth,” Benson told the 14-member military jury.

But defense attorney Maj. John Gregory said his client couldn’t have carried out such an attack, as evident by his military proficiency scores.

Gregory also argued that Martinez was singled out as a suspect because of his mannerisms and the derogatory comments he made to other soldiers about Esposito. Gregory said Martinez was innocent and that other soldiers had the opportunity and motive to commit the killings.

“He’s a person who’s easy to cast suspicion upon,” Gregory said. “Sgt. Martinez wouldn’t commit these crimes.”

Martinez, a New York Army National Guard soldier, chose not to testify during the court-martial.

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

All three men were members of the 42nd Infantry Division.