Never Forget?

Sometimes kids say it best.

2011-11-14T06:47:00.000-08:00

This morning I finally cleaned my office (a little). I discovered a file of last year's schoolwork from one of my sons. In it was a copy of this letter he sent to the president. I excluded his name and school, and left the rest the same.

Dear President Obama,
I am a student at _________. I want to tell you a concern I have about America, which is based on court.
The reason I chose this is because of my dad, mainly. He was a brave soldier in Operation Iraq Freedom, but murdered by an American traitor while he was in his shelter. The traitor was brought to court, with a lot of my relatives. He was called innocent, and was not brought to justice. And that is why I wrote. If you can do something to help me, I will be elated.
Thank you for reading this letter. You are a trustworthy leader and I know you will try your best to make me happier.
Sincerely, __________

This should help answer the question of why I continue to pursue this overwhelming work.

Veteran's Day

2011-11-10T10:21:00.000-08:00

For families and friends of the fallen, Veterans Day is both reassurance that they are not forgotten, and a reminder of the time when we were giving thanks to other families while we held our own soldier close.
I have had the honor of meeting veterans of all ages. The Vietnam veterans, in particular, remain an unbreakable force behind today's families. My fellow widow friends are sometimes funny, sometimes sad, and always inspirational.
To all who support the military force- thank you.

US v. Bozicevich

2011-08-10T06:02:00.000-07:00

The much-beleaguered trial for the murders of SSG Darris Dawson and SG Wesley Durbin has finally concluded. Monday, court was called back to order after a lengthy interruption. After surviving at least one near mistrial during the case in chief in May, the prosecution managed to secure a conviction for premeditated murder. The battle then changed from guilt or innocence to a life sentence with or without the possibility of parole. (The death penalty was no longer an option as the verdict was not unanimous.)
With the sentencing phase barely underway, the trial paused for Memorial Day Weekend. Court was scheduled to be called back to order the day after Memorial Day, but Charles Gittins, Bozicevich's civilian defense attorney, misjudged a landing during a skydiving outing and was in the hospital. Colonel Osborne granted a delay not only to allow Gittins to recuperate, but threw in extra time to allow Gittins to defend another client in a separate case before finishing this one. Now, at last, there are no more delays. The battle continued and it was still fierce.
Gittins held back nothing. Everyone, including Wesley Durbin's mother, was subject to his tactics. Carole Durbin took the stand Monday, relieved and anxious about the long-awaited opportunity to speak for her son and her family. But her opportunity and poise were nearly shattered by Gittins' zeal to defend his client. Carole was relentlessly interrupted by Gittins and forced to collect herself again and again as she struggled to see this through for her son. The judicial process is a cruel one for victims and survivors.
This morning the Panel voted to sentence Bozicevich to life in prison without the possibility of parole. The absence of a death penalty means the families of the victims are now free of courtrooms and free of uncertainty. There will be no parole board hearings, either. Bozicevich is removed from society forever, and the military judicial system has succeeded in sending a message to its troops that fratricide is not acceptable. At least in this case.

Today's story

2011-08-09T06:10:00.001-07:00

Thank you to Tracy Baxter for one of the most aptly-put pieces on this I have seen.
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20110809/NEWS/108090330/-1/NEWS0211

Colonel Stephen Henley honored by JAG; Unquestionable Integrity?

2011-07-13T07:39:00.000-07:00

I have been away from this blog for some time now, and have pending updates on US v. Bozicevich as well as other areas. But for now, I had to post the latest outrage I came across. It seems the Judge Advocates Association either does not know, does not care, or actually condones Henley's abominable handling of US v. Martinez. Recently, this organization bestowed an award upon Henley. Below is the description of the award, as seen on the website of the JAF:
The Judge Advocates Foundation presents its Major General William K. Suter Distinguished Judicial Service Award to a trial or appellate judge serving in the Active, Reserve, or Guard Force. The annual recipient of the award is selected based on their military and judicial accomplishments, unquestionable integrity, and service to the community at large. The award is named after Major General Suter who has been serving as the Clerk of the U.S. Supreme Court since 1991. Major General Suter is highly recognized for his commitment to the judicial community at large and the five branches of the military services. This award was created in 2007.

This year, the award was presented to none-other than Colonel Stephen Henley.

Does trampling on the government, refusing to fully instruct the panel on the difference between a conviction and a DP, in spite of seating 3 confirmed DP opponents, qualify as, "Unquestionable integrity"? Who seats a married couple on any jury - particularly an anti-death penalty couple, on a capital case? Who overrules a peremptory challenge on a member who openly states he was framed by the very organization the government is relying upon to prove its case - especially when that member ardently states he will never administer the DP to anyone? Who chooses to admit portions of excluded evidence midway through the trial, after the govt has presented the agents who collected that information? Who allows the defense attorney to wrongfully accuse a key govt witness of lying to police, confirms that accusation as unfounded outside of the presence of the panel, and then refuses to allow the witness to be rehabilitated in front of the panel? ... Yup, you guessed it - Colonel Stephen Henley.
The JAF site explains its decision to award Henley:
Colonel Stephen R. Henley, Chief Trial Judge, United States Army Trial Judiciary, Recipient of the JAF
MG William K. Suter Distinguished Judicial Service Award. Henley has presided over some of the most high-profile military commissions and was the judge for the court-martial of a sister-service senior JAG.

I wonder if anyone investigated how he presided over, "the most high-profile military commissions" and if US v. Martinez was among that list. Or is our case as insignificant to the military, and to Henley, as I believe it is? Being that no person or institution is without flaw, perhaps the JAF simply never heard of US v Martinez. I almost hope so, because the alternative- that any organization would honor the man who assisted defense counsel in manipulating the system to allow martinez to go free- is sickening.

US v Bozicevich, and info on upcoming news story

2011-05-30T17:49:00.000-07:00

Last week the panel found Bozicevich guilty of both counts of premeditated murder. As it was not a unanimous decision, the sentencing phase will address the issue of a life sentence with or without the possibility of parole. Last Thursday the govt presented the first part of its sentencing case. The trial was scheduled to resume tomorrow, but has now been delayed. Charles Gittins, the defense lead attorney, was seriously injured in a skydiving accident. A hearing tomorrow will set the course for how to proceed in court. More details on what happened in court during the merits phase will be posted next week. Meantime, whatever I feel about Mr. Gittins in court, does not translate into wishing him ill will. My hopes he has a full recovery.
As for our case and my efforts -
Tomorrow night Shepard Smith will be doing a story on what happened in our case. It will air during the 7 pm show on Fox. I understand that after interviewing me, the news crew found Martinez and asked him questions. He again declared his innocence.
It will be difficult, at best, to hear that and see the individual who wreaked so mch havoc upon so many lives. But I hope now, once this story is out, more people will know him for the depraved murderer he is.

US v. Bozicevich, part 2

2011-05-20T08:17:00.000-07:00

This trial has taken so many twists it is almost like it is no longer about two murders. Instead, it has been about defense accusing the government of prosecutorial misconduct, and the government defending itself against those accusations. SSG Darris Dawson and SG Wesley Durbin have ceased to exist not only in life, but in court now, too.
It began Thursday, May 12. Having survived several defense clamors for a mistrial already, US v. Bozicevich was on Day 11. Government had rested, and defense was expected to rest that day. Instead, as family members sat in the courtrom waiting for court to be called to order, the clock ticked and nothing happened. Finally, it was announced there would be no court that day. It seems the estranged wife of Darris Dawson had made a statement to the government's victim liaison over the weekend. For reasons known only to herself, 2 1/2 years after the murders, the estranged wife made some sort of comment about an incident with herself, Darris, and a gun. A hearing was schedule for the follwing day.
The exact nature of that comment remains disputed, as it was later recanted with the victim liaison and the witness stating it was misunderstood. The estranged wife stated the incident in question did not, in fact, involve a gun. Regardless, this information was subject to rules of discovery. When called to testify, lead prosecutor Major McKee agreed as much. Defense attorney Charles Gittins spewed outrage at not having this information before his "expert" witness, Dr. Grieger, testified about Bozicevich's "delusional disorder". The fact that the statement was recanted and explained as false did not matter to defense. Mr. Gittins announced in court that he had only "muddied the waters" with Dr. Grieger's testimony at all because he had no other defense. Defense then moved for a mistrial- again.
The judge denied the mistrial even as she stated it was "grossly negligent" of prosecution not to have disclosed the information, and it seemed as though the trial was back on track. Until Monday, May 16.
Like the Thursday before, family members arrived expecting to pick up where the trial had left off. And again, were disappointed to learn of another mistrial hearing instead. This time, defense was arguing about interviews the government's own expert had relied upon to form his opinion of Bozicevich. The interviews had only just been disclosed to defense now, as opposed to when they were conducted. Dr. Grieger was called to the stand and could state only that this information confirmed his diagnosis, not that it was altered in any way. The information was not exculpatory, but cumulative. It was comments from laypeople who knew the Accused, offering their own opinions as to his behavior. The government argued that it did not meet the requirements for rules of evidence and was not in any way harmful to defense's case not to have had this information until then.
The following day Colonel Osborn, the judge, issued her ruling on the matter. Instead of calling for a mistrial, she is allowing Dr. Grieger to be recalled by defense. He is free to testify to virtually anything defense wishes. The government is not permitted to cross examine him. No explanation of this will be given to the panel (jury). Instead, they panel will sit through hours of Dr. Griegerism and hear the government say "No questions" when defense pretends to yield the witness to the government. Further, the government's own experts are not allowed to testify. I can't imagine defense could have dreamed up a better outcome for themselves.
There was a 72 hour delay as the government decided whether or not to appeal this ruling. Earlier today the announcement was made that there will be no appeal. The trial will resume Monday morning.
SSG Darris Dawson. SG Wesley Durbin. The victims, still awaiting justice.

US v. Bozicevich

2011-04-19T12:02:00.000-07:00

http://www.armytimes.com/news/2009/04/army_article32_041309w/

Above is a link to an article that spells out the current case before the military courts. Opening statements in the courts martial, delayed over the years and again this week, appear to be taking place tomorrow morning here at Fort Stewart, Georgia.
If people thought I was crazy for attending each proceeding in our case, they must believe I am certifiably so now for following through on my promise to attend these cases. But I see it as my duty. Especially in light of the glaring absence of any media here. Can it be the needless murder of these two soldiers fails to elicit outrage? Is the media cycle so chock full of important news like Snookie's appearances and who trips and falls on Dancing With the Stars that there is no room for reporting on this concealed threat within the military? If the military's clampdown on these proceedings did not make it difficult at best for these cases to be broadcast perhaps the world would have the front-seat view this merits. But for now, I will do my best to fill the gap here and then later in my book, Unconventional Enemies, that will include this and three other cases of military fratracide.
Jury selection (Voir Dire) took about 3 weeks of stop-and-go proceedings. The final result is a panel (jury) of 12 members all set to sit and listen to weeks of testimony starting tomorrow morning. The portion of voir dire I sat in on through last week was reminiscent of our process minus much of the theatrics we saw. And yet, this defense counsel (DC) is full of the same determination to vindicate the Accused, Sgt. Joseph C. Bozicevich.
The Accused's civilian defense attorney, Mr. Charles Gittens, joins the two military defense attorneys, Captain Moutos and Major Hernandez in what promises to be a no-holds barred fight to at a minimum spare the Accused from a death sentence. Preliminary questions in voir dire offer a peek into the defense strategy: Bozicevich is not resonsible for the cold-blooded premeditated murders of the two innocent men because he was not in the right frame of mind: He was afraid at least one of the victims was threatening him, and his already stressed mind, suffering from a delusional disorder stemming from being sexually abused by his mother as a child, was not able to process any other means of action. (That is my paraphrasing of the information I gleaned from voir dire, and not a direct quote from any counsel.)
The government's trial team, consisting of Major McKee, Major Ford, and Captain Grieser, offered its own questions designed to determine who is capable of seeing through defense's theories and accusations against two men not here to defend themselves. Questions addressed the fact that premeditation does not mean a measured length of time, but rather can be only an instant - panel members were asked if they understand that concept. Members were asked if they believe an individual can suffer from mental illness and still be responsible for his actions, and if, before determining whether such an illness affected an individual's judgement, it must first be determined the illness was present.
This is just a taste of events so far: Yesterday, Colonel Osborn, the military judge, overruled the government's peremptory strike of a member the govt. fears will be biased in favor of the Accused based on her extensive experience with mental health issues in the military (That is also a condensed version of the govt's arguments.) Defense claimed the govt was striking the member simply because she is a woman, and Colonel Osborn agreed the govt did not convice her otherwise, so the member stays. She then proceeded to allow DC to sway her into striking the only African American from the panel, in spite of the fact that this member was selected early in the proceedings and survived challenges and a peremptory strike round before, and no new information arose to suggest he was suddenly not being struck simply for being black.
After nearly 3 1/2 years in the military judicial system, US v. Bozicevich will go to trial with some evidence supressed, some admitted. Some witnesses will be present while others may not testify. Autopsy pictures that have whittled the victims' faces away will be presented, and experts from each side will swear their findings are accurate while the other side is either lying or mistaken. Tomorrow the panel will assemble, the baliff will call "All rise!" the judge will take her seat and opposing counsel will begin the first half of the final duel before them.

The families of Sgt. Wesley R. Durbin and Staff Sgt. Darris J. Dawson, the two victims in this case, have my respect and sincere hopes they will be free to seek some peace at the conclusion of this trial.

Encouraging news

2011-03-12T08:03:00.000-08:00

http://today.msnbc.msn.com/id/42017230/ns/today-today_news/

Army Secretary John McHugh has shown admirable forward movement in following up on the results of an inquiry into the Fort Hood shootings. The "Ticking Time Bomb" report, recently released and noted on an earlier post here, identified several missed opportunites to stop Hasan before he killed. While no action can undo the tragedy, identifying these instances and pursuing accountability as well as corrective action for the poor decisions and unheeded warning signs is the first important step in working to ensure this does not happen again.
Over the years I often wondered what would have been done differently in our case had it received the exposure it warranted. The high visibility and stronger coverage of the Fort Hood case has answered that question for me. Although still less covered than it should be, the steady coverage and national pressure applied in this case is proof positive that the squeaky wheel does indeed get the oil. Outside of a few dedicated reporters who stuck with our case, the Army succeeded in burying media exposure of it and paved the way for the mayhem that occurred. Three other cases of soldier fratracide are being played out now in relative obscurity, but the Fort Hood case has no such luxury.
While the actions underway do provide hope, the Army's statement displays an unwavering closing of the ranks, shielding the identities of those involved behind a cloak of secrecy:

"The severity of each action varies depending on case-specific facts and circumstances. In certain cases, it may take several weeks to ensure that each officer is accorded appropriate due process and to take final action. In order to protect the due process rights of the officers involved, the Army will not identify them or provide details of the administrative actions at this time. Upon the completion of all cases, the Army will review whether the release of additional information would be appropriate."

It is my bet at the conclusion of events, the Army will announce it has determined it to be inappropriate to release further information. We will simply have to rely on its word that action has been taken at all.

It is regrettable not only to our families, but the victims of Fort Hood and their families, that our cases were not deemed worthy of the coverage and follow up displayed here. However, in the spirit of moving forward and focusing on the positive, it is highly encouraging to see this issue is finally being addressed. My hope is to see similar action directed to matters in our case. Accountability and corrective action in the ranks and in the judicial system have yet to be realized. Lou continues to be a non-entity on the pages of history, and other familes are now enmeshed in a process that holds the possibility of similar injustice. By bringing attention to these cases, I hope to help protect them from the same rampant and unchecked corruption of the system ours fell prey to.
By helping shine the spotlight on our case, you can help, too.
Letters to representatives, to officials like Army Secretary John Muchugh, letters to media outlets encouraging coverage - all go a long way in achieving this. Thanks to those who continue to do so. Anyone interested in getting involved now can email me at Barbara@unconventionalenemy.com You can check the book's FB page at Front Toward Enemy or my website at http://www.unconventionalenemy.com/ for further information.

In other news...

2011-03-10T04:28:00.000-08:00

http://www.lohud.com/article/20110309/NEWS03/103090372/0/defcon4rss/Judge-allows-allows-fragging-widow-make-her-case?odyssey=nav%7Chead

Many people who follow my efforts ask me about the other family. The family of the other soldier killed with Lou. Reporters writing stories like the one linked above contact me to ask my opinion and involvement. Those covering my efforts ask me about it as well. I find myself dancing around this question not because I have dismissed Captain Esposito or his family, but because I am attempting to respect the wishes of his widow. As time wears on, I am aware that this is causing some confusion and in some cases, misinterpretation. So I am writing now to clear the record.
We all have friends we have parted ways with. Regrettably, differing approaches and views between myself and Phillip's widow ultimately resulted in a parting of ways between us. In trying to separate personal feelings from my duty to honor her wishes I have refrained from public comment. However, I cannot allow this to create the impression that I do not care about the Esposito family or wish to honor Phillip as well.
In separating personal feelings from the task at hand, I recognize Siobhan Esposito's efforts to obtain an unredacted transcript as important and sincerely hope she prevails. By omitting the name of the trial judge in particular, history has no records to prove it was Colonel Stephen Henley, the United States Army Chief Trial Judge, who appointed himself to this case and proceeded to greatly contribute to the travesty of releasing martinez.
I stand by the writing of my book, and believe I portrayed Captain Esposito as the honorable, dedicated officer Lou believed in and strove to emulate. The overwhelming response from readers, including members of Phillip's family, agrees.
Please take a moment to read the story above, and know that it is possible to support parallel efforts in spite of personal differences.

Thoughts on my book, from a Medal of Honor Recipient

2011-02-28T05:08:00.000-08:00

John Baca is a Vietnam Veteran. My boys and I have been honored to meet him at Snowball Express, where John, like so many Vietnam Veterans, give their time to look out for the widows and children of fallen soldiers. I often speak of the Vietnam Veterans and the lengths to which they inspire me. Men who experienced such heartache and returned to a country who had turned its back on them. Rather than allow this to turn them bitter and resentful, they instead prove they represent the best of this country frst by their service, and now by their tireless efforts to ensure what happened to them and their families does not happen to families like mine, or to those families whose members are fortunate enough to return home. Please take a moment to read this description of John Baca's indescribable heroics, taken from the Home of Heroes page at http://www.homeofheroes.com/photos/7_rvn/baca.html :

A platoon from Special Fourth Class Baca's company was sent to investigate the detonation of an automatic ambush device forward of his unit's main position and soon came under intense enemy fire from concealed positions along the trail. Hearing the heavy firing from the platoon position and realizing that his recoilless rifle team could assist the members of the besieged patrol, Specialist Fourth Class Baca led his team through the hail of enemy fire to a firing position within the patrol's defensive perimeter. As they prepared to engage the enemy, a fragmentation grenade was thrown into the midst of the patrol. Fully aware of the danger to his comrades, Specialist Fourth Class Baca unhesitatingly, and with complete disregard for his own safety, covered the grenade with his steel helmet and fell on it as the grenade exploded, thereby absorbing the lethal fragments and concussion with his body. His gallant action and total disregard for his personal well-being directly saved eight men from certain serious injury or death.

The following is what John sent me after reading my book:

"We regret to inform you that your husband was killed"........words that bring instant and uncontrollable pain and rips apart the very heart and soul of whom you once were and will never be again. When a soldier dies in battle a nation mourns...when a soldier is killed by one of our own, "fragged," his service and sacrifice are all but forgotten.

Front Toward Enemy is an emotional and compelling story by Barbara Allen about the murder of her husband Lt. Lou Allen along with his Company Commander, Captain Phil Esposito, by a claymore mine in Iraq in 2005. The disgruntled American soldier pleaded out his guilt but through judicial missteps and bad judgement calls his case went to trial. Three years of lawyer maneuvering and courtroom antics by defense attorneys and questionable calls and rules imposed by the Judge led to this admitted murderer's acquittal by a tainted jury of his peers. He walked free of two admissions of premeditated cold blooded killings and the US Army that Lt Allen and Captain Esposito so proudly loved and served have all but turned their back on the families they left behind.
Whatever happened to Generals like George Washington, Jackson and Lee who endured the pain, the suffering and the sacrifice of their own men. They fought with them, ate with them, prayed with them and most importantly, took care of them in their hour of need. In the end our Creator will hear the cry of the innocent, Lieutenant Allen and Captain Esposito, who served and sacrificed and their cries will be justly answered before the true judge and creator of the earth and it's inhabitants.

A must read for those that truly want to advocate for our servicemen and women who have lost their voice through their personal sacrifice.

John Baca

Medal Of Honor

Vietnam

A Ticking Time Bomb

2011-02-06T13:47:00.000-08:00

“A ticking time bomb” is how the Fort Hood Shooter Major Nidal Hasan’s actions classified him well before he shot and killed 13 people and wounded 32 others. A report issued February 3rd by Senators Lieberman and Collins emphatically states the Fort Hood massacre, “should have been prevented.” Countless warning signs were displayed by the Accused. Warning signs that were dismissed. Department of Defense spokesman Lt. Col. Eric Butterbaugh was quoted as saying Fort Hood is, “an isolated case.” These two statements are uncannily similar to statements uttered before, in lesser known but equally tragic cases. Cases like US v. Martinez. The following excerpt from my website, www.unconventionalenemy.com details how right the Senators are, and how wrong Lt.Col. Butterbaugh is:
An oft-uttered phrase to us over the years was that Lou and Phil’s murders were, “an isolated case” of an American soldier murdering fellow soldiers. The expression was used in times of chaos in the case, and was heard more and more over the years. Used primarily as an excuse for mistakes made in the handling of the case and the rationale for dismissing the victims’ families, the phrase became more insulting each time I heard it. I was driven to explore the validity of the comment, and found it to be far from true.
In March 2003, Lou and I followed the news of Sgt Hasan Akbar murdering two fellow soldiers and wounding fourteen others on the night before they rolled into Iraq. For over two years we read every article on the case, as Lou in particular believed a soldier who kills fellow soldiers is a traitor to our country. He and I were both relieved when Akbar was convicted and sentenced to death in April 2005, less than two months before Lou would become a victim of a similar traitor.
The Akbar case required little research from me as I already knew of it, but other cases appeared in my search. Cases of soldiers killing other soldiers as well as soldiers killing civilians. This page will focus on the cases of soldiers killing other soldiers. Primarily, three cases in addition to Fort Hood, that occurred after Lou and Phil were killed and are currently navigating the military judicial system.
- Sergeant Joseph Bozicevich is facing a capital court martial for murdering Staff Sgt. Darris Dawson and Sgt Wesley Durbin in Iraq on September 14, 2008. The NCOs were counseling Bozicevich when he drew his weapon and opened fire on them. The trial date is scheduled for March 2011 and I will be there.
- Sergeant John Russell is charged with five specifications of murder and one specification of aggravated assault for the May 11, 2009 murders of five fellow soldiers and attack on others while in Iraq. According to military statements and news articles, Russell had been identified by his commanders as a potential threat a few days before the murders, and his weapon had been confiscated. Yet he was still able to steal someone else’s weapon, walk into Camp Liberty’s Health and Morale Unit, and open fire.
- U.S. Army Spc. Neftaly Platero is charged with two counts of murder and one count of attempted murder from a Sept. 23 shooting in Fallujah. Spc. John Carillo Jr., 20, and Pfc. Gebrah P. Noonan, 26, died from gunshot wounds inflicted during the September 23, 2010 incident in their quarters.
Confronted with the Senators’ report, CNN reported a Pentagon spokesman stated it, “places a high priority on implementing recommendations that will strengthen policies, programs, and procedures (that) contribute to the safety and health of our military forces” and that, among other areas, the Pentagon will “provide care for the victims and their families.” One can only wonder why this was not done earlier. I personally met with countless officials to address the unheeded warning signs in our case, and the disgraceful manner the military handled the trial. And I, too, was dismissed. My efforts to address these cancers within the military have gained momentum and I continue to work with supporters to meet our goals. Congressmen and military personnel are joining us. Veterans are joining us- Like the two veterans who gave me their own Purple Hearts in honor of Lou, since the government still refuses him this honor. It is only a matter of time before we succeed. Hopefully, before the next “ticking time bomb” explodes.

Purple Heart

2011-02-01T06:52:00.000-08:00

http://www.midhudsonnews.com/News/2011/February/01/Lubeck_PH-01Feb11.html

Recent news stories report that Senator Schumer successfully assisted a veteran in receiving his long overdue Purple Heart. While the circumstances in this case are different from ours, what they share in common is the demonstrated evolution of standards to allow for proper recognition of soldiers not previously considered. This change took place within the criteria of merit for Purple Heart standards. The change we seek is within the Department of the Army in its recognition of so far unrecognized enemies of our nation. The Purple Heart standards need not nor are we seeking them to be altered in any way.
Onward.

Fort Hood case

2011-01-27T09:08:00.000-08:00

It seems as though what should be a fairly cut and dry case is going to be a prolonged process. Dozens of witnesses saw Hasan chase down and open fire on helpless victims. Defense is not denying he did it. What then, is the issue?
It is understandable that this case elicits a primal response from the survivors and the community. It is easy to become swept away in the notion of retribution and the death penalty. I succumbed to as much in our case. And I paid for it. We all did.
Wanting to see the one responsible for our pain suffer and die, wanting to set an example by punishing him to the maximum, is a very common reaction. Retribution is even included in the teaching of criminal justice as one of the four goals of sentencing (Rehabilitation, Incapacitation, and Deterrence are the other 3). But what is the risk of pursuing a death penalty?
The legal steps required to satisfy capital criteria are complicated, and could amply qualify for page upon page of discussion. In the military, there are four steps, or "gates" to be passed to meet the qualifications to arrive at a death penalty. According to the Uniform code of Military Justice (UCMJ) these gates are:
1. Unanimous findings of guilt of an offense that authorizes the imposition of the death penalty, RCM(Rules for Cour Martial) 1004(a)(2)
2. Unanimous findings beyond a reasonable doubt that an aggravating factor exists, RCM 1004(b)(7)
3. Unanimous concurrence that aggravating factors substantially outweigh the mitigating factors, RMC 1994(b)(4)(C)
4. Unanimous vote by members on the death penalty, RCM 1006(d)(4)(A).

Try getting 12 people to unanimously agree on what to order for lunch, let alone each of these 4 criteria. Especially if those members consist of people who adamantly oppose the death penalty. Throw in the overly magnaminous latitude the defense is given to spare the Accused's life, and its a wonder anyone is sentenced to die. The fact that the military has not actually carried out an execution since 1961 further displays its squeamishness on the issue.( http://www.deathpenaltyinfo.org/us-military-death-penalty is the military death penalty information center site)
So why is the military so intent on subjecting the survivors,and the taxpayers, to a process that is almost pre-ordained to be meaningless? Are we not all better served by a process that does not enhance the rage within us? What benefit is there to a human being to become swept up in living to see another die? Is this not an internal struggle among the survivors already? Why would a system manipulate those struggles for a death sentence that, even if sentenced to, the defendant is likely to never experience? Is it worth saddling our children with the responsibility of an adulthood consisting of appeals and their own internal struggle on the however faint possibility of witnessing an execution?
These are big questions that we will all have our own feelings on. I know only that I regret that justice in our case was beaten by the notion of retribution. A notion that was seized upon and manipulated by ruthless defense attorneys and a flawed system. And I watch this case and those like it now with hopes that the system gets them right.

Amazon Book Review

2011-01-13T09:50:00.000-08:00

Below is one of the reader book reviews found on Amazon.com:

As in the other reviews that were written before mine, they were right, I was infuriated. But not at all for the same reasons. Though what this woman went through was no doubt extremely difficult, her facts about the situation are not all correct. My sister was (at the time) a part of the 42nd infantry, and served along side Lieutenant Allen and Captain Esposito. Then Specalist Driessen was portrayed in this book in very poor taste. The widow, Barbara, nick-named her "Nurse Ratchet" and while insulting her, she didn't even spell her name correctly. This "Nurse Ratchet" that she speaks of is not my sister, nor the perfect aunt to my two toddlers, nor the daughter to our very proud parents.My sister is much more graceful and tactful than I, therefore she will not comment on this misrepresented tragic situation.She is a very talented and devoted nurse in her civilian life. She has worked extremely hard to overcome the adversities of being a woman in the military, yet continues to move up in rank. Though some of her fellow soldiers may read the words on these pages, and consider them factual, my sister will not be deterred. Her bravery and outstanding ethics will allow her to rise above this slanderous image presented of her. She is a strong, hard working, well respected woman in all aspects of her life. Know now to those that read this piece of literature; Barbara Allen and her sons are not the only ones whose lives were up heaved by the tragic deaths of First Lieutenant Allen and Captain Esposito. As the saying goes, "Don't believe everything you read", as there is much, much more to this story that has not been divulged by a bitter, spiteful Barbara in this publishing. Although there is real heart wrenching pain, this book is nothing more then personal opinion and court transcripts taken out of context.

A saddened but very proud sister,
Jocelyn Rockower (Driessen)

My response:
First - In attempting to process and interpret the facts as presented to us, with no assistance from the government- Mistakes are inevitable. I would like to emphasize my views and interpretations of events are recounted as they happened to me, and how I processed the feelings and emotions of the times. Facts like spellings of names, I should have had correct. Bitter and spiteful? Yes. Absolutely, to some degree. But I strive to separate that from the facts at hand, and focus my anger on those who merit it.
I would like to believe I was wrong about my interpretation of many of these people. I would absolutely like to believe one the last people my husband spoke with, and received aid from, was a warm and caring individual. My portrayal of your sister obviously hurt you, and I apologize. I also appreciate you being the first one to post some sort of dissent with my book, as undoubtedly others join you in your feelings.
My reasons for writing this was not to slander innocent people. I simply wanted to portray the facts that did not make it to newpsapers and to the Panel. If you noticed, I didn't lie about my own attributes, either, and was equally harsh on myself. My interest is not in cannonizing or demonizing anyone with my words, but rather reporting what facts we were told, and the manner facts were presented to us.
Your sister readily voiced her dislike of Phillip, her commanding officer. She blamed a drop in morale partly on his arrival and went so far as to offer her own bitter opinion that Phil was socially inept at dealing with women. She strongly championed Martinez yet showed zero emotion when speaking of riding with my dying husband. If I misinterpreted any of that I would be happy to include her point of view here on my blog, or on the website for my book. I have no doubt even Martinez has people who like him, and family that stands by him. But that does not change what he did or who he is.
As for the facts of the case, I stand by them as accurate, in that all evidence - including a signed offer to plead guilty - points to Martinez.

Soldier's murder trial delayed

2011-01-13T08:33:00.000-08:00

Soldier's murder trial delayed

I have followed this case like I have followed the others. I am honored to be in touch with some of the family members involved, and plan on attending the trial. This, and the three other cases wending through the military judicial system, will be in one of my next books. I hope to attend each trial and write a book documenting these four cases, as well as recapping ours. This book will then be able to serve as a tool to alert soldiers to the possibility of danger before them where they are not inclined to believe it exists.
There is a fine line between paranoia and awareness, and I hope to strike that balance in my work. These are not "isolated cases" and need to be learned from.

feedback

2011-01-09T06:11:00.000-08:00

I would like to thank all those who have been getting in touch with me to let me know your opinions on my book. I welcome all feedback and appreciate the opportunity to learn from it:)

A New Year

2011-01-03T08:56:00.000-08:00

A New Year has arrived, and with it a sense of anticipation for all things heading our way. The past two years consisted of such struggles mixed with our first introductions of renewed hope. This year we will ensure that hope is fulfilled, and our struggles no longer outweigh our triumphs.
The official release date for my book is next month. But already, advance sales have boosted Front Toward Enemy to number #3 on my publishing house's best-seller list. That is cause for celebration, but only a small step in what must happen now.
We are honored to have the support of people from all over the country as well as some from overseas. Our core group of individuals is working steadily to implement the next wave of our campaign. Recently, the Military Order of the Purple Heart offered its support, and we could not be happier to accept.
For those unfamiliar with the main elements of our efforts,allow me to reassure you: We are not seeking to change the standards for the Purple Heart. Rather, we seek to identify a soldier who willingly bears arms against fellow soldiers to be declared not just a murderer, but an enemy of our nation.
In our case the murderer was a fellow soldier who is now a free man -in spite of offering to plead guilty- courtesy of the United States Military Judicial System. Staff Sergeant Alberto Martinez succeeded where the Iraqis failed. Lou and Phil are the only two American casualties on FOB Danger in this war. Martinez hid in the midst of his victims, and unless soldiers are trained to recognize threats like those Martinez uttered to be credible, there will be more cases. Like the four cases before the courts now - Four soldiers picked up arms against other American soldiers, on American bases, and murdered them. Because no one believed them to be credible threats.
Why do we pursue the Purple Heart for Lou? Why do Phil's mother and sister pursue it for Phil? Because it is not only their legacy that must be restored, it is the well-being of our troops and integrity of our military that must be preserved as well. Recognizing a problem bears no shame. Ignoring one does. Attempting to right a wrong bears no shame. Burying the wrong does.
None of us pretend to be military experts or to have all the answers. I have made several mistakes I continue to regret and retain what I learned from them. But I do believe Lou and Phil did not have to die. Martinez succeeded not only because he is as evil as they come, but because human and judicial weaknesess ran unchecked. These mistakes are not difficult to remedy. Lou and Phil deserve them to be fixed. The victims in the other cases demand justice, as do our families. And all others who wear the uniform of our country deserve protection from the likes of Martinez.

Military Order of the Purple Heart

2010-12-04T06:16:00.000-08:00

As the book promotion continues I am introduced to a diverse group of people on a daily basis. Yesterday, I had the honor of meeting two men who offered me the kind of support that makes it possible for me to continue, and assures me we will succeed in our goals.
Bruce Boice, the Senior Vice Commander of the Military Order of the Purple Heart in PA, and his friend Ricky traveled from Philadelphia to Warwick to meet me. They presented me with a plaque honoring Lou, and showed me one they have for Phillip as well. This will be given to Phillip's mother at the first opportunity.
To be on the receiving end of such an act is something I have a difficult time describing. There have been times I have been tempted to give in and give up, convinced I am doing nothing but preventing myself from healing. And then people like this appear in my life, and remind me why I started this, and that we are not alone.
I am humbled by their support, and more confident than ever that we have chosen the right path.
Please check the Facebook page for the book to see pictures and updates. The page is Front Toward Enemy
Thank you.

ShopRite

2010-12-01T05:42:00.001-08:00

Today's event in the Warwick ShopRite has been rescheduled for tomorrow.

2010-12-01T05:12:00.000-08:00

A recent story on cnn.com highlighted the Fort Hood case and its repercussions. The gruesome details of what it was like for the victims that day were difficult to read. And for the survivors, the family members of those who were killed and injured, is the question - "Why?"
Why did this happen? Why us, why him, why her? They are assured this is an isolated case, and maybe they believe that. Buy I hope they don't.
When my husband was killed, I instantly recalled the Akbar case. Lou and I had followed that case involving a soldier who threw grenades in a tent full of sleeping comrades, and shot those who ran out. Two soldiers were murdered that night by one of us, and Lou and I were appalled. Lou especially was relieved to see Akbar receive the death penalty. Little did we know just months later Lou would fall victim to the same type of "isolated incident."
As our families learned more about what happened, it became glaringly obvious that Lou and Phil did not have to die. That Martinez offered ample warning signs to those around him that he was a threat. In fact, several soldiers had become so wary of him that they feared for their own safety. Countless individuals heard him threaten Phil, and it seems that nearly everyone but Phil knew Martinez was dangerous. So he could hardly take steps to protect himself, or to warn Lou of the threat upon his arrival. Lou had as little clue as Phil that he had walked into a deathtrap. And our families ask, "Why?"
We asked this question to ourselves, to each other, to friends and strangers. And we asked the military, "Why?" And then we asked the military if now that this had happened twice within the span of 2 years, what was being done to make sure it didn't happen again? How were soldiers being protected from such unecessary threats? What would happen the next time someone like Martinez appeared in the ranks? And we were told the chances of that were highly unlikely, as Martinez was one of a kind, and this was a freak ocurrence. Our concerns were met at first with patronizing patience, and then with indignation - How dare we presume we knew something they didn't? How dare we, mere civilians and insignificant civilians at that, suggest to them that our case could be used to learn from? And we were dismissed. I wonder what the families of the 5 soldiers killed by Sgt Russell. the 2 soldiers killed by Sgt Neftaly Platero, the two soldiers killed by Sgt Joseph Bozicevich, and the 32 wounded, along with the families of the 13 killed by Major Nidal Malik Hasan, feel about that. Do they know the military knew of similar cases and brushed them off? Do they know we tried to warn them, tried to stop this from happening again? Do they know their loved ones did not have to die?
Warning signs are present in at least three of those other cases. Clear indicators of escalating threats that I highly doubt would have been ignored in any other workplace. Imagine a teacher telling the principal that he was going to make another teacher pay for some slight. Or a cashier telling her manager that she was going to blow away the bagger one day. These individuals would be disciplined in any number of ways. These people look out for each other. Why did it take such an epic tragedy like Fort Hood to happen until the military listened?
To all the victims and survivors, my thoughts are with you. To the Fort Hood family members, know this: Your case is the one. Yours is the tragedy that woke the military up. I'm sorry I failed to get their attention before. Its up to you now to see this through. We are here, a small community of us, hoping to add your voices to ours, so others are spared what we endure. So our husbands, wives, sons, brothers, sisters and mothers are recognized by the government to have died Hostile deaths and earned the same recognition as all those killed by the enemy. And the soldiers who pick up arms or conspire to bear arms against our own soldiers are recognized as such enemies, so steps are taken to check them before it is too late.

Support from ShopRite

2010-11-18T11:08:00.000-08:00

Writing a book is a difficult process. But promoting that book and selling it is an equally challenging task. Fortunatley for me, I have more support than I deserve. Friends and strangers are screaming from rooftops and posting on every website possible. I have been flown to California to promote my book at an event there, and the friends who arranged that are sometimes more motivated than I am to get this done. Organizations are inviting me to speak at meetings. Veterans are lining up to see how they can help, and so far in just over a month we have managed to sell over a thousand books.
A large part of this large number comes from ShopRite, an east coast supermarket that has shown more than its share of support by stocking and promoting my book in several of its stores.
In the coming months I will be at these stores to sell and sign my book. Feel free to stop in and introduce yourself, and check out my book. The schedule of events is below. All appearances are from 1pm- 5pm. Hope to see you there!

Friday November 19th Vailsgate
Wednesday December 1st Warwick
Saturday December 4th Monticello
Wednesday December 15th Kingston
Thursday December 16th Chester

Purple Heart Petition

2010-11-14T06:34:00.000-08:00

Our families have been blessed with the support of countless people over these years. When Lou was killed, friends and strangers came forward to console and care for us. A group of Vietnam Veterans, whom I had never met before, showed up at my home to repair the scene of a demolition job a contractor had left us with, so that I may accomodate the influx of people in my home during those weeks. These men would not accept payment, and stated only that Lou was their brother. Neighbors, strangers, and friends lined my street for a candlelight vigil. Collection cans materialized as people offered donations to my children's fund.
During the years of attending pre-trial proceedings, we continued to be supported by a community of people who refused to let us feel as if we were alone. And after the verdict, the same community mourned again with us. Now, since I have released my book and the effort to secure a Purple Heart has escalated, we are again feeling the encouragement and strength from people across the country.
Laurene Sandstrom, Lou's sister, is the driving force behind this petition. Without her, this effort would not be the success it is today. While Phil's widow opposes the campaign, Phil's mother and sister feel as strongly about it as we do, and joined with Laurene long before I did to see this happen. They would like to secure the Purple Heart for Phillip, and will accept it when it is refused by his widow. To date, we have approximately 5,000 signatures since the petition began one month ago. Our goal is 10,000 but we absolutely welcome more. The petition is online and takes only a moment to sign. It can also be found at www.lourules.com There, you may print it and sign it the old-fashioned way. Then, fill the page with signatures and mail it in to the address on the site.
For those who question our motive for seeking to have this honor bestowed, allow me to explain:
1. Lou was killed in Iraq. He was killed with a claymore mine, a device that was aimed at him and Phillip, and sent 700 steel ball bearings exploding to them at a frightening speed. He lived for several hours, conscious and in pain, worried for his family and for Phillip. His death was absolutely Hostile.
2. Lou lost his life - no more baseball games, birthday parties, or tomorrows. He shared with me once his fear that he would die young and his children would forget him. He and his children are entitled to a legacy that has so far been denied.
3. The government has thus far failed to hold anyone accountable either for the murders, the botched court case, or the manner in which our families were prevented from the opportunity to see justice through a plea bargain. While we know Martinez killed them, the government failed to convict him. Therefore, the enemy the government clings to - the known, or conventional enemy, (In this case an Iraqi)has not been disproved by the system the decision makers are using to deny this honor. Either publicly declare Martinez to be the killer, admit the system failed, or show some other evidence that the enemy they acknowledge did not kill him. Obviously we seek to see the government confront its failure and take steps to ensure these mistakes are not repeated.
4. Declaring a soldier who willfully inflicts harm or death upon a fellow soldier to be an Unconventional Enemy of our nation will confront the cancer within the ranks. Soldiers will be trained to recognize warning signs as credible, and act accordingly. Lives will be saved and families spared the agony ours has endured. Why anyone would question the merit of saving lives is incomprehensible.
5. The government has offered no official statement about our case, other than Eric Durr, the spokesman, stating the verdict proves the justice system worked. With all due respect - That is a load of !$**@%.

To be clear, this is not a campaign filled with malice or bitterness. We are under no illusion that a medal will bring Lou back or serve as a magic wand to erase the pain. Rather, we seek to secure for Lou, as Phil's mother and sister seek for Phillip, a rightful place in the pages of history. We could not be prouder of the people who have stood beside us, to include the Vietnam Veteran who was so moved by our story that he sent me his own Purple Heart, inscribed with Lou's name.
My children know what happened to their father. They know this honor won't bring him back or solve our problems. Yet they share our desire to see their father honored. To walk in the Purple Heart Museum and see their dad's name with the others. And I hope to show them that in spite of all that has happened, our country is a great one. The people standing by us are helping me instill a patriotism within my boys that would make their dad proud. Holding their dad's Purple Heart in their hands will do nothing but good things for my children. And when they are grown, they will never question why we did nothing to restore his legacy, protect those who serve now and later, and seek accountability.

Other cases of soldiers murdering soldiers

2010-11-10T08:27:00.001-08:00

An oft-uttered phrase to us over the years was that Lou and Phil’s murders were, “an isolated case” of an American soldier murdering fellow soldiers. The expression was used in times of chaos in the case, and was heard more and more over the years. Used primarily as an excuse for mistakes made in the handling of the case and the rationale for dismissing the victims’ families, the phrase became more insulting each time I heard it. I was driven to explore the validity of the comment, and found it to be far from true.
In March 2003, Lou and I followed the news of Sgt Hasan Akbar murdering two fellow soldiers and wounding fourteen others on the night before they rolled into Iraq. For over two years we read every article on the case, as Lou in particular believed a soldier who kills fellow soldiers is a traitor to our country. He and I were both relieved when Akbar was convicted and sentenced to death in April 2005, less than two months before Lou would become a victim of a similar traitor.
The Akbar case required little research from me as I already knew of it, but other cases appeared in my search. Cases of soldiers killing other soldiers as well as soldiers killing civilians. This page will focus on the cases of soldiers killing other soldiers. Primarily, three cases that occurred after Lou and Phil were killed, and are currently navigating the military judicial system.

Sergeant Joseph Bozicevich is facing a capital court martial for murdering Staff Sgt. Darris Dawson and Sgt Wesley Durbin in Iraq on September 14, 2008. The NCOs were counseling Bozicevich when he drew his weapon and opened fire on them. The trial date is tentatively scheduled for February 2011.

Sergeant John Russell is charged with five specifications of murder and one specification of aggravated assault for the May 11, 2009 murders of five fellow soldiers and attack on others while in Iraq. According to military statements and news articles, Russell had been identified by his commanders as a potential threat a few days before the murders, and his weapon had been confiscated. Yet he was still able to steal someone else’s weapon, walk into Camp Liberty’s combat stress unit, and open fire on his comrades there.
Major Nidal Malik Hasan is charged with thirteen counts of premeditated murder, (including a pregnant woman), and 32 counts of attempted premeditated murder for the shooting rampage at Fort Hood Texas on November 5, 2009. Still awaiting trial.

Cases That Have Concluded
Spc. Ivette Davila, on August 23, 2010, plead guilty to murder and kidnapping in the killings of two fellow soldiers and abduction of their young daughter, officials said. Staff Sgt. Timothy Miller and his wife, Sgt Randi J. Miller, were killed in their Parkland, Washington home. Their 7 month old daughter was taken and later found in Davila’s barracks.
Army Spc Chris Rolan killed Pvt Dylan Paytas on November 16, 2005. Rolan plead guilty to unpremeditated murder, reckless endangerment, willfully communicating a threat and violation of a general order. He was sentenced to 20 years.
Sgt. William Kreutzer, Jr. was given the death penalty for his actions on October 27, 1995 at Fort Bragg NC. Kreutzer shot and killed one officer and wounded 18 others as the soldiers were in formation at Towle Stadium. He was granted a retrial in 2009 and convicted again, yet the death penalty was replaced with life in prison.
Who Killed Pat Tillman? The NFL player who walked away from a lucrative career to enlist in the military was serving in a unit with his brother when he was killed in Afghanistan on April 22, 2004. The Tillman family and the entire nation were told that Pat Tillman was killed a hero, in combat. In reality, while the hero status is not disputed, the circumstances of his death are. It was later revealed the military mislead the nation and the family, and Tillman was in fact accidentally killed by his own comrades. Friendly fire, or accidental death, replaced the initial report. Yet the Tillman family continues to seek full disclosure of the facts and accountability for Pat’s death.

Review in the Army, Navy, Air Force and Marine Corps Times. Thank you Michelle Tan

2010-10-05T14:40:00.000-07:00

My thanks to Michelle Tan for taking the time to read and review my book for the Army Times. Her review runs in each of the Times this week, and can be read on my website, www.unconventionalenemy.com

Another "Isolated Incident"

2010-09-28T06:12:00.000-07:00

Throughout the weeks, months, and years of the military criminal justice system we endured, countless people felt the need to tell us the murders of Lou and Phil were "isolated incidents." That soldier-on-soldier murders are almost unheard of in the courts. I beg to differ. At the time my husband's case went to trial I knew of several past cases, and since then 3 more have occured. Today, the news carries word of a 4th case. Two more soldiers murdered, one wounded, by one of our own. The following is a link to the story: http://www.cnn.com/2010/WORLD/meast/09/28/iraq.soldiers.death/index.html?hpt=T2
My heart goes out to the families, and my hopes are that this case is treated to swift justice.

Please visit my website, www.unconventionalenemy.com
to learn about the book behind our case.

2010-04-21T05:40:00.000-07:00

Update
Posted by Barbara Allen at 6:16pm on April 19th, 2010
Hello and Happy spring, such as it is here in NY, anyway. With the amount of Causes here and elsewhere in the world, I know we are all spread thin. Some people have dropped this Cause as others join. Have you wondered what your support means?
Last night my eight-year-old son asked me for the the first time, "Mom, the guy that killed Dad is in jail, right?" And I told him the truth. I had known the day would come that he would ask, and I knew I would never be ready to tell him. But he deserves the truth as much as we do. He deserves to trust in me to tell him that truth, and to continue my efforts to right as much of the wrongs as I can.
I have renewed my efforts to secure the Purple Heart for Lou and Phil. I will be re-posting letters to send to your representatives, and sincerely hope you find the time to do so.
Morgan James will be publishing my book about this case sometime in the next ten months. The book is currently titled:Duty, Honor, Murder but may experience a title change. It tells the behind-the-scenes story of what happened, and it is my hope it will reignite interest in this case, as well as others like it currently winding through military courts.
I will be working toward a congressional inquiry into the handling of this case and adressing changes that should arise from it. And I will ensure no doubt is left as to Martinez's guilt.
But I need help to get this done, to achieve these goals. I need you, and your letters to your representatives, encouraging them to proceed with a congressional inquiry into this case and awarding Lou and Phil Purple Hearts. The bill introduced for the Fort Hood soldiers makes no mention of Lou and Phil. Help me introduce a new bill adressing Lou and Phil, and all other soldiers killed by fellow soldiers.
Please don't give up on this, as I have only just begun.
Thank you.

It Happened AGAIN

2009-11-12T04:29:00.000-08:00

--------------------------------------------------------------------------------
Latest tragedy at Fort Hood
All of you must have heard about the tragedy at Fort Hood. For me, I was at first catupulted back to the day my doorbell rang, and the soldiers standing there told me Lou was dead. And then the memory of standing at the cemetery, my husband's coffin still suspended over his grave as my Casualty Assistance Officer informed me an American solder had been arrested for Lou and Phil's murders.
Throughout the 3 1/2 year legal process, I lost track of how many officials made sure to impress upon us how "isolated" a case ours was. Never mind the soldiers killed and wounded in the Akbar and Kreutzer cases - with so many personnel in uniform, we were told, it is inevitable for some bad seeds to slip in unnoticed. This seemed to make everyone but our families feel better about what happened to Lou and Phil.
As the months and years ticked by and our case disintegrated in front of us, we were helpless to change any of it. But we knew how preventable it all was - the unreported threats, the past misdeeds of Alberto Martinez - had just one person held him accountable for any of it, maybe Lou and Phil would be here today. We can't change that. But we knew we could at least learn from this case.
I met with the dean at West Point, asked him if the cadets were watching our case or would have the opportunity to watch the live feed from the court martial, shown right at West Point. Maybe, I reasoned, if these future officers were educated about our case, they would be equipped to recognize others like Martinez. Maybe they could save themselves or fellow soldiers from the same fate as Lou and Phil. I was told Yes. Yes the cadets would watch, at least some of them, and yes this case would serve as a learning mechanism. And yet throughout the trial, while friends and family watched the live feed at West Point, no more than a handful of cadets wandered in.
Before we began our trial it happened again; Two officers gunned down during a counseling session. Murdered by another American soldier. And then it happened again - this time, five soldiers were killed at the hands of one of us. Those two cases received media attention in the inital days, and now have fallen into the abyss of military capital cases. Under -reported and therefore forgotten, those familes are now in the same process we went through, and no one knows except those who are directly involved. Military court procedures are not user-friendly to the media; no cameras allowed. Neither trial team permitted to comment. And survivors and victims warned they will compromise the case if they speak too freely. And now Fort Hood.
Like Martinez, Hasan was a known entity to others. His actions and comments triggered alarm and even fear. And nothing was done about it. While Hasan's comments were reported and soldiers complained about him, those in power did nothing. Perhaps if they had heard of our case, they would have taken Hasan seriously. Perhaps if a military panel had not failed to convict Martinez, a message would have been sent to Hasan. Perhaps Hasan was encouraged as he watched Martinez walk away, or simply unphased at repercussions because he'd never heard of Martinez.
The miltary learned nothing from our case. And has no desire to learn from it. The few politicians who are willing to help look into our case are without support and encouragement. When willl this stop? When will threats from soldiers be taken seriously? When will our men and women in uniform be free to trust in those alongside them, and trust in their superiors to protect them from those "isolated" soldiers who pose a threat?
It will happen again. And again. Unless threats are taken seriously. Will our case be used as an example? No. Because technically it does not count as a fragging anymore, since Martinez was acquitted. News reports of Fort Hood recapped other cases, excluding ours. And the government has washed its hands of this case. We need you to help us breathe new life into our still unresolved case - help restore our husbands' legacies, answer unaswered questions, remind everyone how preventable it was. The government did not want to learn from our case and now 11 more soldiers are dead. Thirty-one wounded. Maybe the government will learn this time.

Today's article in the Chronicle

2009-08-28T13:56:00.000-07:00

The Chronicle > News
Updated: August 27, 2009
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Not all is fair in love and war

Fallen soldier’s widow fights for her husband’s legacy, By Pamela Chergotis

CHESTER — There’s nothing Barbara Allen wants more than to put it all behind her. But four years after her husband’s death, so much is still unsettled.

The man tried for the murder of 1st Lt. Lou Allen and a fellow officer, Captain Philip Esposito, was acquitted in December by a single vote. Allen grieved anew.

“Now, instead of any possibility of peace, I am the one sentenced to a life of fear,” she wrote hours after the acquittal. “How do I tell my boys the ‘bad man’ not only got away with murdering daddy but lives a mere two hours away from us? How do I raise them to trust in the system, when the first system that failed resulted in their dad being massacred, and the second system — our only recourse — has now made a mockery of our suffering and loss?”

She knows Staff Sergeant Alberto B. Martinez set off the explosion that killed Lou only days after he arrived in Iraq. Martinez was the Army’s prime, and only, suspect. He was arrested in the week after the murders. Soldiers who served with Martinez heard him make death threats against the officers. Lou even talked to his wife by video feed about the problems he was having with Martinez.

After the devastating verdict, Allen learned that Martinez had offered to plead guilty early in the courts- martial process. Military rules prohibit guilty pleas unless the defendant and the defendant’s attorney both agree on the defendant’s guilt, she said.

The panel that decided the verdict included three staunch opponents of the death penalty who believed a guilty verdict would send Martinez to his death. Allen explained that the U.S. Army Chief Trial Judge, Colonel Henley, refused to allow panel members to be instructed that they could convict without a death sentence.

Justice proves elusive

But if, as the trial has established, Martinez is not guilty, then who is? Why isn’t the military trying to find out?

If Lou was not killed by a soldier serving on the same side, Allen reasons, then he must have been attacked by the enemy. That would qualify him for a Purple Heart.

In the military world, getting killed while serving in a war zone is insufficient qualification for a Purple Heart. That honor is granted only to servicemen and women struck by direct enemy fire.

The claymore mine that killed Lou and Lt. Esposito was inscribed with an arrow and the words: “Front toward enemy.”

All the unsettled questions have thrown Allen into a purgatory she is now fighting her way out of. She is fighting an arcane and secretive system for the sake of the man who was her husband, her best friend, the father of her four young sons, so that he may at last have justice and a proper acknowledgement of his sacrifice. She is putting some hope in a meeting next month with a sympathetic “member of the political arena” - she cannot reveal the person’s identity.

“I feel like I’m in this cloak and dagger world,” she said. “I’m just a mom.”

Where the military has been secretive, Allen has been open. She has told her story to the national media, most recently on Fox News (the link to the interview is provided in the sidebar). She is writing a book sweetened by her love story but focused on the ordeal following Lou’s death.

“I want readers to take a walk with me, to see what I saw, to know what I was feeling as I went through all this,” she said.

Lou’s legacy

Lou and Barbara’s four sons were all so young while everyone was still together. And both parents were so very busy. Besides teaching science full-time at George F. Baker High School in Tuxedo, Lou made ends meet by taking on handyman’s jobs.

“It was round-the-clock work for both of us,” she said. “Lou worked relentlessly toward a goal of being with me and the children. He’d say to me, ‘I’m missing so much with them now, I hope it’s all worth it in the end.’”

She said the military gives her lip service about Lou’s valor and tells her to move on, to let it go.

“It’s not the government’s part to patronize me,” she said.

She needs first to secure Lou’s legacy. “It’s the last thing he has,” she said.

“I can’t move on,” she said. “I can’t stop. When I think about Lou, I know he would have done it for me.

“He would have never stopped.”

Editor’s note: Barbara had lived with Lou and their children in Milford, Pa., but since Lou’s death she has moved the family to Otisville. Allen, a Chester native, taught science at George F. Baker High School in Tuxedo.

On the Internet

To watch Barbara Allen’s interview on Fox News, visit: www.foxnews.com/search-results/m/25635119/fallen-hero.htm

To read Barbara’s blog, recently updated, visit: http://justiceforlou.blogspot.com

Barbara wrote a series of columns for The Chronicle titled “In her own words” while the courts-martial was underway. The New York Press Association awarded her first place in the best column category. To read her columns, visit the archives at www.chroniclenewspaper.com. Enter Barbara Allen as a search word

Comments:

Anne Price wrote on Aug 28, 2009 1:51 PM:

" I think again of the pain this family has to endure. While a confessed murderer walks free, Mrs. Allen will never feel such freedom. Lt. Allen will always be honored and remembered by our family regardless of what the military does or does not do. "

Major V wrote on Aug 28, 2009 10:04 AM:

" As I read this article, I have a pit in my stomach that is usually filled with pride as I put my uniform on. Mrs. Allen is taking on a fight that most of couldn't handle including myself. Instead of being told to "move on" or "let it go", she should be encouraged to keep up the good fight. Her actions point out a flaw in the Army Judicial system that must be addressed immediately. This was a case of Fratricide, plain and simple. Ask yourself; How many claymore mines have been used by the enemy on our soldiers since the start of the War on Terror? This is just one example of many. I pray that no family has to go through this, but if they do, her work will significantly reduce their heartache and grief as they go through the trial process. To Mrs. Allen I want to say "Thank you for your service to the families of the fallen" and keep it up. I am truely sorry for you loss, but rest assured, your husband is very proud of all you have done. "

Barbara Allen wrote on Aug 28, 2009 8:57 AM:

" Thanks as always to Pam Chergotis and Straus News for your unwavering willingness to cover our story. "

Today's article in the Chronicle

2009-08-28T13:51:00.000-07:00

Many thanks to Straus News, especially Pamela Chergotis, for continuing to cover our efforts.

We are Still Here, Still Working....

2009-08-26T15:08:00.000-07:00

It's been almost one year since Siobhan and I kissed our children goodbye, and drove to North Carolina for the long-anticipated trial. One year since our husbands' parents and siblings joined us at the courthouse,and together we took our places in the all-too-familiar courtroom for what we believed would be the final step in a 3 1/2 year process. A process that tested our strength and nearly tore us apart. In spite of the blows to the case, we still held firm to our hopes of convicting Alberto Martinez, and finding some peace in overdue justice. But our hopes were naive ones, and justice was denied.
In the time since the verdict,we have been working to learn what went wrong, and identify the multitude of mistakes and weaknesses in the system-and some of the people within that system- that contributed to its failure.Siobhan and I have met with and written to military officials, only to be patronized and patted on the back with yet more condolences in place of open, honest discussions and answers. We have been dismissed as emotional, irrational and biased widows seeking revenge, instead of recognized as human beings struggling to comprehend why it is left to us to examine this case and remedy the weaknesses instead of the military and our government.
With the help and support of many friends and family members, as well as the select members of our government willing to risk political unpopularity by associating themselves with this case, we have succeeded in identifying what went wrong. While it is too late to obtain justice in our case, it is not too late for the two fratracide cases pending trial, and the seven families of those victims to find some peace in a system that does not fail.
My continued Thanks to all of you who share our determination to have the truth be told, and restore our faith in the system. I will update you all on the book's completion and launch of the publicity campaign, as well as any progress made in the efforts outside of the book. PLease send this site to friends, post it on your FB pages,join the FB Cause, Justice for Lou and Phil, ect. Help us spread the information and reach more people. There is strength in numbers and we need our voice to be loud.
Thank You

UPDATE

2009-05-05T10:45:00.001-07:00

Update
Personal matters have taken my time away from this Cause for a while, but I am back and remain committed to our goals. To all who have written you reps, THANK YOU! To our new members, Welcome.
There is a new case in the news, similar to ours in that an American soldier is charged with murdering two officers - shooting them in front of witneses during a counseling session. It differs from ours in ways but the fact is two more soldiers have been killed by one of our own. More children have buried their father. More familes have been torn apart by a soldier wearing our uniform. My heart goes out to these families, and I hope those in the military justice system have learned from mistakes in our case, so the truth is told and justice prevails.
This new case brings me a refreshed determination to have the full truth behind our case told: Highlight the weaknesses in the system and encourage those in power to remedy them. Soldiers must not live in fear of those serving alongside them, and soldiers who murder their comrades must not do so with impunity.
I am renewing my efforts to convince the government to rectify its position on our case. Namely, Why do Lou and Phil's death certificates still read Non-Hostile if a military court declared Alberto Martinez Not Guilty? Either the system failed and allowed a guilty man to go free, or the argument that Lou and Phil were not killed by a traditional enemy, thereby rendering them ineligible for a Purple Heart, is invalidated. The government must choose a position and our families are entitled to that action. Lou and Phil are entitled to the respect of the full truth.
The government has failed to take accountability for supressing a guilty plea, and refusing to confirm that plea's existence until it was published in the NY Times - in spite of two meetings where Siobhan and I asked specifically about a plea, after the trial.
Who oversees military judges? Has anyone reviewed the outlandish rulings made by Colonel Stephen Henley? We have been told he is "untouchable". I submit that is a dangerous practice.
These are some of the loose ends our families are left to tie up, because the government has washed its hands of Lou and Phil. Of our families. And of the truth in this case. I ask you to help us now.
To the soldiers reading this - Is there someone in your unit who is threatening others? Have you ever been threatened? Tell me your stories. Help me prove there are other Martinez's out there, and we can make a difference.
To others reading this: Speak with us. Write to your newspapers. Write to your reps. Write to a soldier overseas, and let them know you support them. Welcome a soldier home, or help a family of a soldier deployed.
Again, our families are only a few people, and easily ignored. There is strength in numbers, and it is harder to ignore thousands of voices. Encourage your reps to begin by helping to rectify the death certificates. That is a good place to start, and it can be done.
Thank You.

Please write to your representative!

2009-02-22T11:43:00.000-08:00

Below is a letter I wrote outlining some important goals of this cause. Our families cannot achieve these goals without your help. Please take a few moments. Use all or part of the letter below, or write your own. Use the link posted on this blog as well to determine who your representatives are, and how to contact them. Then SEND THE LETTER! Thank you.

Dear
I am a constituent of yours and I am writing to you about a matter that needs your attention. On June 7 2005 Lt Louis Allen and Captain Phillip Esposito were killed in Iraq. Staff Sgt Alberto Martinez was arrested and charged with the murders. He had detonated a claymore mine on the windowsill of Captain Esposito’s office, mortally wounding both officers.
For three and a half years the families of these soldiers attended numerous hearings in this case. Traveling from their homes in NY to Fort Bragg NC for each of these hearings was exhausting and difficult but the families remained committed to seeing justice. They were told to trust in the government, and did.
Delayed time and again, the capital court martial finally commenced in October 2008. Although several of the additional charges had been severed, evidence was suppressed, and a panel consisting of some members opposed to the death penalty – including a husband and wife – was seated, the families held on to some hope of convicting the man they believe killed Lou and Phillip.
In December 2008, the panel voted to acquit Martinez of all charges. This was an unforeseen outcome and the families have been left to live with this injustice. Several factors contributed to this tragedy, including multiple unreported threats made against the Captain’s life. Had just one soldier reported these serious threats, Captain Esposito would have been able to determine himself how to react. Instead, no one reported any of the threats, and Captain Esposito never knew his Staff Sergeant repeatedly threatened to harm him.
The families firmly believe in Martinez’s guilt. After the verdict Siobhan Esposito and Barbara Allen, widows of the soldiers, were told Martinez had even entered an official offer to plead guilty long before the trial. Barbara and Siobhan traveled back to Fort Bragg for meetings with Colonel Robinson, SJA, and Major General Scaparrotti, acting Commanding General of the 18th Airborne Corps. At each of these meetings a specific question regarding the existence of any plea trial plea offers was posed to the officers. Each time, the widows were told no knowledge of any offers to plead guilty was had. On February 21, 2009, the NY Times ran a front page story on this case, including a copy of an offer to plead guilty, signed by Alberto Martinez. This plea was dated 3 April 2006. An accompanying document, bearing the signature of General Vines, rejected the plea.
I write to you in the hopes of securing some assistance rectifying the mistakes made in this case. The verdict affects not only these two families, but the entire armed forces. A message needs to be sent that fratricide is not acceptable. Our soldiers need to trust in the person serving alongside them. Our soldiers also need to trust in the military judicial system, as do we all.
Why were the families not told of the plea at the time it was offered? Why did the government refuse to confirm the plea’s existence when asked about it? Why is there no policy in place mandating the report of threats made against another soldier? And where is the accountability in the United States military? Will there be a review of any of Colonel Henley’s extremely questionable rulings in this case – most notably during the voir dire process?
Finally, the death certificates of Captain Esposito and Lt Allen list their deaths in the Non-Hostile category. In addition to inaccurately portraying the manner of their deaths, this labeling renders them ineligible for the Purple Heart. The government has offered no assistance in clearing this record, in spite of requests made. The rationale offered is the officers were not killed by an enemy. With all due respect, what greater enemy is there than one of our own turning on his fellow soldier? Furthermore, the acquittal of Staff Sgt Martinez invalidates this position. If he is not guilty of murdering Lt Allen and Captain Esposito, then who did?
The families deserve answers in this case. Lt. Allen and Captain Esposito are not collateral damage. They are not expendable. Neither is anyone else serving our country with honor. They deserve protection from those in the ranks who are devoid of such.
I respectfully request you to help answer these questions, remedy Lt Allen and Captain Esposito’s death certificates, and assist in ensuring the same mistakes in this case are not repeated.

Sincerely,

The truth begins to emerge

2009-02-21T06:25:00.001-08:00

2009-02-14T13:14:00.000-08:00

We Need Your Support

2009-02-13T16:20:00.000-08:00

Over the course of these past 3 and 1/2 years our families have been blessed with the support of friends and strangers alike. The knowledge that so many people care about Lou and Phil, and our families' struggle to cope with their murders is what has enabled me to carry on when I begin to waver. I need your help again.
The more time that passes, the further this case gets buried. As it is, this case did not receive half the attention it would have if it had been conducted in the civilian courts. I also believe a civilian judicial system would have convicted martinez. But I guess that much is irrelevant. What is relevant is this:
Alberto Martinez got away with murdering Lou and Phil. The government has made it abundantly clear there is no further interest in pursuing justice. We have received nothing but lip service from those in a position to assist us in officially answering our questions.
So long as there is no public voice about this injustice there will be no chance for us to hold anyone accountable in any capacity. I need everyone who reads this to pass it on to others. I need people to help us spread the word about this case. There is a link on this blog to my joint blog with Siobhan Esposito. There you can find articles and further information about this.
For anyone with a more adventerous soul - feel free to e-mail martinez directly. His e-mail, last I checked, is: al.bas.martinez@us.army.mil Although he is no longer a member of the army I don't know what his National Guard status is. I believe one can also maintain an AKO account after leaving the army. So e-mail him, and ask him anything you like. Just let me know what he says, please.
We thought the trial would be our doorway to a glimmer of peace. We were terribly wrong. The trial and the verdict were in fact the beginning of a new level of despair and pain for our families. But we cannot let this be how it ends. We cannot stop until the truth is told. Weaknesses in the system allowed martinez to kill Lou and Phil. Weaknesses in the military judicial system allowed their murderer to walk away a free man. These weaknesses must be examined and they must be addressed.
This a a great country and the men and women in uniform who serve and defend us are to thank. They deserve nothing but the best from us. Lou and Phil deserve the best. They deserve justice that is forever denied now. The military judicial system may be strong. I can't speak to its merits and weaknesses outside of this case. But if this case is an example of the best the military court has to offer we should all be afraid.
Those of you who refuse to let Lou and Phil be collateral damage in this war can do something to help. You can write to newspapers and media outlets and voice your outrage. You can write to the Department of the Army, your Congress and Senate representatives, and ask why Lou and Phil are not eligible for the Purple Heart. You can write to the traitor who murdered them and tell him you know the truth. Siobhan and I, with our families, have spoken up. But we are only a few voices easily ignored. There is indeed strength in numbers and we need that strength.
There is more to come in this case. More information to be brought to light in the coming days. Unless it is made clear that people care, this information will fall on deaf ears and nothing will come of it. So please take a few moments to let your voice be heard with ours.
I will post the address for the Department of the Army in the next few days. In the meantime, I will answer questions anyone has, if you ask them here.
Thank you.

UPDATE

2009-02-04T10:16:00.000-08:00

The past 2 months have been extremely difficult and hectic ones. In my effort to face the effects of the acquittal, be a mom, and attempt to learn the entire truth behind this I have neglected to post on this site.
Our families have been struggling to come to grips with what went wrong in this case and those facts are being assembled. This is a complex list far too expansive for a post at this time. For the purpose of this post I will highlight a few of our issues:

Pre-dating the murders, the 42nd ID itself consisted of a hodge podge of individuals of questionable if not outright poor character. It seems the entire supply section was comprised of these individuals, and martinez was their ringleader. Mixed in this blend was a sprinkling of soldiers with upstanding values, who served with honor despite the misfortune of serving with or in the 42nd ID Rainbow Division.
The hearings pre-trial and the trial itself elicited testimony recounting shady supply procedures by soldiers who no doubt know more than they are saying about the murders. Some of the supply unit did come forward with the facts - albeit grudgingly. Facts about weapons and equipment not accounted for, a supply sergeant who openly threatened the commander's life and dreamed aloud about that commander being killed, and unlawful disposition of govt property to an Iraqi, for starters. One hearing allowed us to hear from that Iraqi, who happily told of backing a truck up to supply so martinez could unload printers and copiers on to it. Printers and copiers no longer on the property books, thanks to martinez. There were strong suspicions of greater dealings on the black market. It does not take a genius to figure out why a decision was made not to follow that road for more information.

Since the acquittal our families have had to not only deal with the knowledge that Lou and Phil's murderer got away with it and will never be held criminally accountable, but we have been further insulted by the government's complete dismissal of this case.
We have two dead men here. Their death certificates read "Homicide" as the cause of death, and yet the category is deemed "non-hostile". The military judicial system allowed their killer to go free, and the government seems content to allow this to be forgotten.
Siobhan and I traveled back to Fort Bragg twice immediately after the acquittal. Each time we met with officials in an attempt to reconcile some of these matters. All of our concerns were dismissed, although a very helpful suggestion was given to us about consulting a JAG officer for further information. Thank you very much for the suggestion Colonel Robinson, that makes everything all better.

I contacted the Department of the Army about changing the death certificates to list the category of death to hostile. This of course will not bring my husband back, but it will more correctly reflect the way he died and allow him to be eligible for the Purple Heart. After all, even if the government will not officially state (A) Lou and Phil were in fact murdered by martinez, despite the fact he was acquitted or (B) We don't know who murdered them, but it was not in fact martinez, the fact does remain that there is simply no way Lou and Phil grew tired of life and decided to kill themselves by detonating a claymore mine from outside the room they were sitting in, and then, somehow managed to throw a few grenades outside before returning to the office to lie down and die. Which would make their deaths a suicide, and the non-hostile category would not be in dispute. Let's not forget accidental deaths also fall into the non-hostile category, but it's equally unlikely Lou and Phil accidentally killed themselves by detonating a claymore mine outside the window from them, and then, mortally wounded, ran outside and "accidentally" threw some grenades before again returning to the office to be tended to moments later by first responders. So as it stands now, our children, who will know their fathers only through stories told by others and the medals and documents pertaining to them, will one day gaze upon a death certificate that reads non-hostile. Lou's legacy as a soldier who was killed in a war war is now muddied by being killed in a hostile manner that has not officially been termed hostile! His legacy is all he has left to offer his children. Yet the Department of the Army has so far been unwilling to alter the certificates.
But instead of being free to wage that battle for my own peace of mind I must instead devote myself to proving what the military judicial system failed to prove, and that is that Alberto Martinez murdered my husband. Alberto Martinez murdered Phillip. He knows it. His attorneys know it. His buddies in supply know it, and so does Colonel Henley, the judge in this case.

The judge banned the panel from speaking about their deliberations. They are, however, free to speak about their personal thoughts and feeling on this. It cannot have been easy for them to hear from Siobhan and I when we e-mailed them. We appreciate that. Which is why the members who overcame that awkwardness to respond to us and let us know they are sorry for our loss deserve our thanks. We did not ask them to break the rules, as some of the members cried to JAG. We did nothing to deserve those e-mails to be intercepted and read by someone other than the intended recipient, yet that is what happened, and Siobhan and I were then issued a letter from the office of the SJA admonishing us for our e-mails. We were even told, via that office, of several of the members who would like us to leave them alone and wish to have no contact with us at all. This did not surprise me about some of the members, like SFC Shepard, SFC Dezeborah Evans, and Colonel Ramona Fiorey, as I am fairly certain they voted to acquit and did not seem at all affected by any of the testimony. But some of the members on that list, like husband and wife duo LTC Carmelo Crespo and his wife Major Myrta Crespo, although I think they voted to acquit as well, and LTC Barbara Bowsher (I can't decide which way I think she voted) all seemed affected by much of the testimony. I had them pegged as people who would tend to do what they feel is right no matter how hard that may be- including at least responding to us directly to let us know they are uncomfortable with us e-mailing them, and take us up on the offer Siobhan and I each made in our e-mails to simply let us know if they would like us to stop contacting them. We would each have honored that request without the SJA's office intervening.

These are but a few of the events taking place since the verdict. Much more has been occuring and promises to occur in the coming months. I owe it to Lou, our boys, and myself to find all the answers and dispel all doubt of the facts. This country owes us the same. We are not asking for anything other than the truth, and what is right and just. True justice will forever evade us because of a judicial system that, although it may be effective in most cases, failed drastically in this one. Those failures need to be reviewed, discussed, taught and learned from so this does not happen again. The truth does need to be told and it is now upon our families to tell it. The good, the bad, and the ugly must all come out. And it will. Just bear with me a bit longer.

Never Forget?

2008-12-07T06:17:00.000-08:00

Memorial Day weekend in 2005. My husband kissed me goodbye at Fort Drum NY and deployed to Iraq. He was joining the famed 42nd Rainbow Division, a National Guard Unit, on FOB Danger. 10 days later he was dead. Murdered with his good friend Captain Phillip Esposito.
For 3 1/2 years our families have been struggling to live with our loss and the pain associated with it. We have put any chance of healing on hold as we traveled first to Kuwait for an Article 32 hearing, and then to Fort Bragg NC for countless other hearings. We sat in the same room as Staff Sgt Alberto Martinez and listened to accounts of how he slaughtered our husbands. My husband, mortally wounded from the claymore mine detonated a few feet away from him, sat in his blood, in the dark, close to the nearly dead and unconscious figure of Phil. Captain Phillip Esposito, Commander of the 42nd Infantry Division. Strangers arrived, held Lou's hand, and rendered aid while Lou spoke of his wife and children and how he promised me he wouldn't get hurt.
Our families placed our faith in the military judicial system to hold the murderer accountable. I bought into the 42nd's motto: Rainbow Sir! Never Forget! I believed they would never forget. I was mistaken. Not only has the 42nd forgotten our husbands, but the military courts and the 14 Members of the Panel have sent a clear message: Lou and Phil don't matter. The evidence doesn't matter. Our families don't matter. And good order and discipline in the United States military doesn't matter. If a soldier has a grudge against the chain of command, not only can that soldier vent his anger, openly disrespecting that command and lowering morale in the unit, but that soldier can threaten the life of another United States soldier, murder that soldier, and not be held accountable.
Unless something is done to protect our families from the cunning madness of Alberto Martinez, I will spend the rest of my life in dread of the day he comes for revenge. Melodramatic? Not to me. You see, I know he did it. The military knows he did it. And the Panel had to know he did it. Yet he is a free man. And now he knows he can get away with anything. What's to stop him from spilling more blood? No one believed he was a threat in the first place and my husband died as a result. I don't expect anyone other than us to feel he is a threat now. But I don't have that luxury. I know the facts. I know he enjoyed hearing my husband scream. Enjoyed watching us collapse in court. And I know he will bide his time until no one remembers this case before he strikes again.
I have no idea how to find peace while living in fear. I have no recourse to protect my family. I can only hope the next time he offends, someone holds him accountable and he doesn't get away with it. In the meantime, I will attempt to find answers to my questions about how this happened. How did the military judicial system fail and is there anything the military can do to help our families now?
I encourage people to speak up on this. Post here, post on my joint blog with Siobhan Esposito, and stand with us as we continue to seek justice.

Never Forget?

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Today's article in the Chronicle

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UPDATE

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The truth begins to emerge

We Need Your Support

UPDATE

Never Forget?