08/22/2008
A supply sergeant charged with killing his superior officers in Iraq three years ago will remain in solitary confinement while he awaits court-martial, a military judge ruled Friday.
New York Army National Guard Staff Sgt. Alberto B. Martinez will stay in "special quarters" — the term for solitary — at the military prison at Camp Lejeune Marine Corps Base in Jacksonville, Col. Stephen Henley ruled during a motions hearing at Fort Bragg.
Lawyers for the 41-year-old Martinez argued the living conditions in the 48-square-foot cell are stressful, The Fayetteville Observer reported.
Henley said if Martinez is convicted he will get extra credit for the time spent in solitary. Army prisoners are routinely held at the Marine base because Fort Bragg doesn't have prison facilities.
Martinez is required to sit or stand most of the time in the 6-by-8-foot cell and his only infraction has been when he once lay on his bed without permission, the defense said.
Lawyers also said Martinez is shackled when he showers or visits the library and must stay in his cell 23 hours a day.
Government lawyers said Martinez is kept in solitary because of the nature of the charges against him, but the defense said he isn't a threat.
Martinez is charged with premeditated murder in the 2005 deaths of Capt. Phillip T. Esposito, 30, of Suffern, N.Y., and 1st Lt. Louis E. Allen, 34, of Milford, Pa. Both were members of the 42nd Infantry Division.
Martinez has been in custody since he was arrested in 2005 at a base near Tikrit, Iraq. Martinez is accused of planting a mine that killed the officers and faces a possible death sentence if convicted.
On Thursday, the judge refused to dismiss the murder charges after the defense complained that the prosecution intimidated and misled witnesses whose testimony could have helped Martinez.
Earlier in the week, the judge ruled that there will be a video feed from the courtroom to a room at the U.S. Military Academy at West Point, N.Y., so family and media can see the proceedings.
The trial is scheduled to begin Oct. 7, and although it's unclear how long the proceedings will last, the judge set a tentative Dec. 31 end date. A final motions hearing will be held Oct. 6. Henley arranged the dates after attorneys discussed 49 pretrial motions over three days.