GI had offered to plead guilty in fragging case
The Associated Press
Posted : Monday Feb 23, 2009 13:12:27 EST

ALBANY, N.Y. — Documents show the prosecution declined a soldier’s signed offer to plead guilty and go to prison for the 2005 killing of two officers at a base in Iraq.

Staff Sgt. Alberto Martinez was honorably discharged last month. He faced a possible death penalty but was acquitted by a military jury in December of the alleged June 2005 “fragging” with explosives of Capt. Phillip Esposito of Suffern, N.Y., and 1st Lt. Louis Allen of Milford, Pa.

Documents obtained by the New York Times show that more than two years before the trial, Martinez signed an offer to plead guilty to the murder charges and be sentenced to life in prison with the possibility of parole.

The offer was rejected by Lt. Gen. John R. Vines, now retired.

Maj. John Benson, a prosecutor in the case who was not involved in the decision to reject the plea offer, says there was concern within the Army that Martinez might have been eligible for parole after 10 years despite having acknowledged murdering two officers.

After his acquittal, Martinez, a supply sergeant originally from the Troy, N.Y. area, told the Albany Times Union he was “very very innocent.”

Ellie