Release A0506017a

Court-Martial charges preferred against Task Force Liberty Soldier

Baghdad . Iraq -- The United States Government preferred charges against Staff Sgt. Alberto B. Martinez, Headquarters and Headquarters Company, 42nd Infantry Division (Mechanized) June 15, in the deaths of two Task Force Liberty Soldiers who died June 7 at Forward Operating Base Danger, near Tikrit , Iraq .

Martinez is charged with violation of Article 118 (Murder) with two specifications of premeditated murder.

This charge, along with supporting evidence, will be forwarded through the appropriate chain of command for review and recommendations as to disposition.

An attorney from the US Army Trial Defense Service represents Martinez in this matter. He may also retain a civilian defense attorney to represent him at no cost to the government.

Martinez is currently in pretrial confinement at a military confinement facility in Kuwait .

Capt. Phillip T. Esposito and 1st Lt. Louis E. Allen died of their wounds later in what was initially thought to be an indirect fire attack. Both officers were assigned to Headquarters and Headquarters Company, 42nd Infantry Division, New York Army National Guard. Esposito was the company commander; Allen served as a company operations officer.

“Staff Sgt. Martinez has been and will continue to be afforded the extensive rights under the Uniformed Code of Military Justice,” said Col. Billy J. Buckner, spokesman for the Multi-National Corps.

The initial investigation by responders and military police indicated that a mortar round struck the window on the side of the building where Esposito and Allen were located at the time. Upon further examination of the scene by explosive ordnance personnel, it was determined the blast pattern was inconsistent with a mortar attack.

Martinez is 37 years old. His Military Occupational Specialty is 92Y (Supply Specialist).

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FOR MORE INFORMATION, CONTACT PUBLIC AFFAIRS, MULTI-NATIONAL CORPS-IRAQ PUBLIC AFFAIRS, BY E-MAIL AT MNCI-PAO-VICTORYMAINJOC@IRAQ.CENTCOM.MIL .