Martinez to face separate courts-martial
A sergeant accused of killing two officers in 2005 will face a separate court-martial for other charges, a judge ruled Thursday.Judge rules on motions in fragging case
Lawyers for Army Staff Sgt. Alberto Martinez argued that the jury would be unfairly influenced if Martinez is tried for murder at the same time as additional charges against him, which include stealing office equipment and possessing firearms and explosives.
FORT BRAGG, N.C. — The judge in the case against the man accused of killing 1st Lt. Lou Allen has given the defense less than two weeks to give notice of their plan to prove he is mentally retarded.
Staff Sgt. Martinez may avoid death penalty
A New York National Guardsman accused of killing two of his officers in Iraq in 2005 has two weeks to ask for a pre-trial hearing to determine if he is mentally retarded, a military judge ruled Thursday.
Army Staff Sgt. Alberto Martinez is charged with killing Capt. Phillip T. Esposito and 1st Lt. Louis E. Allen. He faces the death penalty.
But if the military judge, Col. Stephen Henley, finds that Martinez is mentally retarded, the law prevents him from being sentenced to death, even if he is found guilty.
This mentally retarded angle really irks me. Not only does it seem like an abuse of the justice system (I don't believe for a second that this guy is mentally retarded), but it smears the entire Non-Commissioned Officer Corps of the US military. I guess I shouldn't be surprised; attorneys have spent decades ruining the public image of their own profession. Why should they hesitate to ruin someone else's?