CONTACT: Eric Durr: 518-786-4581 or (cell) 518-429-5186

FOR RELEASE: Thursday, Oct 09, 2008

LATHAM, NY (10/09/2008)-- This week the Army began court-martial proceedings in the case of the United States vs. Staff Sgt. Alberto B. Martinez at Fort Bragg, North Carolina. Martinez is a former member of the New York Army National Guard charged with killing his commander and another officer on June 7, 2005. Opening statements for the court-martial are expected to begin Monday, October 13. Members of the New York National Guard recognize the need to allow the military justice system to proceed and allow all the facts and testimony of this case to be heard. Still, the New York National Guard and 42nd Infantry Division families are again reminded of the tragic loss of two very fine officers and leaders. Our Soldiers extend their deepest sympathies to the families and home communities who also recall the loss of our fallen comrades. Approximately 70 current and former members of the New York Army National Guard may be called as witnesses by both the defense and the prosecution. These Soldiers will travel to and from Fort Bragg as required. Because the Martinez court martial is being convened by the commander of the 18th Airborne Corps, a three-star Army major command, the New York Army National Guard and the New York State Division of Military and Naval Affairs will not be commenting on the case or any issues surrounding it. Media inquiries regarding the courts martial should contact the Fort Bragg Garrison Public Affairs Office at (919) 396-5600/5620. A video feed of the trial will be available at the United States Military Academy at West Point. Contact Theresa Brinkerhof at the West Point Public Affairs office at (845)938-2006 for information. Our Citizen Soldiers affected by the ongoing military justice proceedings are obligated to ensure the military justice process is conducted in a full and fair manner consistent with the requirements for legal due process. BACKGROUND INFORMATION ON THE CASE: --The incident occurred at Forward Operating Base Danger in Tikrit, Iraq on night of June 7, 2005. --Captain Philip T. Esposito, Suffern, NY; and 1st Lt. Louis Allen, Milford, PA; were transported to a medical facility at nearby Forward Operating Base Speicher on June 8, 2005 where they died of their wounds. --Martinez is charged with violation of Article 118 (Murder) of the Uniform Code of Military. There are two specifications of premeditated murder. --Martinez was formally arraigned at Fort Bragg on murder charges on Nov. 3, 2006. --The trial began on October 8. Arguments are set to begin on October 13. --A court martial is a military criminal trial. It is similar to a civilian trial but there are procedural differences.