Judge rejects request to dismiss fragging trial

[unhappycamper]

Army Staff Sgt. Alberto B. Martinez is charged with two counts of premeditated murder in the deaths of Capt. Phillip T. Esposito, 30, and 1st Lt. Louis E. Allen, 34, of the New York National Guard's 42nd Infantry Division.


Judge rejects request to dismiss fragging trial
By Estes Thompson - The Associated Press
Posted : Tuesday Oct 7, 2008 5:52:00 EDT

FORT BRAGG, N.C. — A military judge rejected three last-minute defense requests Monday to dismiss charges against a soldier accused of killing two Army officers by detonating a bomb in Iraq.

The ruling by Army Col. Steve Henley means the court martial of Army National Guard Staff Sgt. Alberto Martinez, 41, remains on schedule to start Tuesday with jury selection. Opening arguments are set for Oct. 13.

Defense lawyers asked the judge to dismiss the charges because they said the case has lingered for three years, Martinez had been held under strict conditions at the Camp Lejeune Marine Corps Base prison and a defense lawyer was missing a graduate law course that would allow him to get a promotion.

Martinez, of Troy, N.Y., is the first soldier from the wars in Iraq and Afghanistan to be charged with “fragging,” or killing his commanding officer.

Martinez is charged with premeditated murder in the 2005 deaths of Capt. Phillip Esposito, 30, of Suffern, N.Y., and 1st Lt. Louis Allen, 34, of Milford, Pa. Both were in the 42nd Infantry Division.


Rest of article at: http://www.armytimes.com/news/2008/10/ap_martinez_100608/%2e