The commanding general at Fort Bragg said a New York Army National Guard soldier charged with killing two superior officers with a mine in Iraq will face a death penalty if convicted.
The decision Friday by Lieutenant General Lloyd J. Austin III
ratified one made in November by an investigative officer who said
Staff Sgt. Alberto Martinez should face a capital trial.
Martinez was charged with premeditated murder in the deaths of
Captain Phillip T. Esposito and 1st Lieutenant Louis E. Allen. The
victims were members of the 42nd Infantry Division and died from
their wounds June 8, 2005.
The case reopened for a two-day hearing in October. Defense
lawyers said they wanted to present evidence in an effort to
eliminate the death penalty.