Defense for alleged fragger asks for more time - Army News | News from Afghanistan & Iraq - Army Times

Defense for alleged fragger asks for more time

Attorneys for Staff Sgt. Alberto Martinez, who is accused of fragging two officers in Iraq, are asking for more time and resources to prepare his defense.

A military judge heard six pre-trial motions Tuesday at Fort Bragg, N.C., in the capital case against Martinez, according to a press release.

During the hearing, military judge Col. Patrick Parrish heard the motions and will provide a written decision on four of them before the next hearing, which is scheduled for July 16.

Martinez, 39, 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. He also is charged with one count each of wrongful possession of a privately owned firearm, unexploded ordnance and alcohol. The other charge against him is for wrongfully giving government property, in this case printers and copiers, to an Iraqi national.

Martinez is accused of killing the two officers during a June 7, 2005, attack at Forward Operating Base Danger in Tikrit, Iraq. Officials originally thought Esposito and Allen were wounded by indirect enemy fire. The men died June 8, 2005, at FOB Speicher, where they were taken for medical care.

In the first motion, defense attorneys requested additional computer modeling assistance to help them create computer renderings of locations relevant to the case. In the second motion, the defense asked the judge to appoint a liaison to help the defense team communicate with the victims’ widows.

The defense also requested a bill of particulars, which would require prosecutors to provide additional details regarding the facts surrounding all the charges against Martinez except the two counts of premeditated murder.

In the fourth motion, defense attorneys requested that the proceedings be abated so that they can conduct additional investigations into the case. Alternatively, the defense asked that the deadline for filing their motions be extended until August. During this motion, Parrish ordered the prosecution to prepare an order for him to sign that would direct Army Criminal Investigation Command to turn over copies of all its files related to the case.

The defense team also argued that the pretrial advice provided to the general court-martial convening authority was defective. After hearing the arguments, Parrish said he would not rule on the motion until he hears arguments on a defense motion for a new Article 32 proceeding. That motion is scheduled to be argued on July 16.

The final motion that was to be brought forward Tuesday was to sever the premeditated murder charges from the other charges, Parrish agreed to delay argument until July 16.

That motion and any other motions that have yet to be brought forward will be heard on July 16. The trial is scheduled to begin Aug. 13.