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

FOR RELEASE: Thursday, Dec 04, 2008

Today a military jury sitting at Fort Bragg, North Carolina acquitted New York Army National Guard Staff Sgt. Alberto Martinez of two violations of Article 118 of the Uniform Code of Military Justice, the premeditated murder in the deaths of two New York Army National Guard Offices. Capt. Phillip T. Esposito and Lt. Louis E. Allen, both of Headquaters and Headquarters Company 42nd Infantry Division were killed. The incident took place June 7, 2005, at Forward Operating Base Danger in Tikrit, Iraq, and the officers died the following day. Major General Joseph Taluto, the Adjutant General of New York, Commander of the New York Army National Guard and commander of the 42nd Infantry Division in Iraq at the time of the incident, issued the following statement: “As the former commander of the 42nd Infantry Division, I remain committed to and supportive of our military criminal justice process in this horrible human tragedy. Our New York National Guard family continues to extend our sympathy and support to the families of Capt. Phillip Esposito and Lt. Louis Allen. They will never be forgotten.” “Phil Esposito and Lou Allen were brave and dedicated American Soldiers, serving their country in a time of war in a place far away from their families and friends. Both men were exceptional officers of the highest character, who served their State and Nation honorably and faithfully. All members of the New York National Guard continue to share in the sorrow of their families.” “This court martial involved the testimony of more than 70 current and former members of the 42nd Infantry Division and the New York Army National Guard. I have been pleased by the professionalism of all involved.” Because the Martinez court martial was 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 have no further comment on the case . Media inquiries on the court martial decision should be made to the Fort Bragg Garrison Public Affairs Office at (919) 396-5600/5620.