cptphillipeSpoSito: RememBeRingthoSeWhohaveFalleninthelineoFduty
Military & Veterans Affairs Committee Chairs: RobertBarton – Rumberger / Kirk & SteveCollins – LawOfficeofRoryWeiner
Happy Independence Day! Memorial Day has passed. I’ d like to remember all our men and women who have died in defense of this great nation. All told, America has lost over 1.3 million men and women to conflict. I’ d like to tell you about one of those losses.
Captain Phillip Esposito was a company commander from the 42nd Infantry Division of the new York national guard deployed to Forward Operating Base Danger in Tikrit, Iraq, during Operation Enduring Freedom. On June 7, 2005, an M18A1 Claymore mine was intentionally detonated next to Esposito’ s office window followed by the explosions of grenades. That first explosion mortally wounded CPT Esposito and his xO, LT Louis Allen, causing their deaths.
Investigators determined that the blast was from a deliberately placed Claymore mine and identified Supply Sergeant, SSg Alberto B. Martinez, as the prime suspect. Martinez was a substandard soldier who had been heard making numerous threats against CPT Esposito( twice saying that he would“ frag” him). Esposito had initiated proceedings against Martinez which could have led to his discharge from the military. Martinez was being disciplined for variety of offenses including
the unexplained disappearance of hundreds of thousands of dollars of military-issued equipment.
Martinez was seen in the vicinity of Esposito’ s office after the explosion, and a soldier testified that she had given Martinez Claymore mines and grenades shortly before the attack. Martinez made several incriminating statements during his interrogation, but those were later suppressed.
In October 2005, Martinez was arrested. An Article 32( grand jury) hearing ensued, and it was determined that there was enough evidence for a general Court Martial on two counts of premeditated capital murder. In October 2006, Martinez offered to plead guilty to two counts of 2nd degree murder in exchange for a life sentence with the possibility of parole after ten years. That offer was rejected by Lieutenant general John Vines, the convening authority. The case proceeded to trial in October 2008, at Fort Bragg, north Carolina. On December 4, 2008, Martinez was acquitted on murder charges, as the requisite two-thirds majority necessary for conviction was not obtained.
Captain Phillip Esposito
alltold, americahas lostover1.3million menandwomento conflict. i’ dliketotell youaboutoneof thoselosses.
I knew Phil. We were plebe brothers at Valley Force Military Academy and College. 2nd Platoon, F Company,“ Deuce and I‘ til I die. F leads the way!” We trained at Ft. Dix together( rOTC): M-16A2s, Land nav, FTxs / FLxs, PT tests, et cetera, et cetera, et cetera. Three months before we reported for BCT( Phil at USMA and me at USAFA), he would wake me up every morning at 0445 hrs for a 5 + mile run. Phil was motivating, kind and morally straight. He was my friend, and he was killed. I will never forget him. Sometimes, when I don’ t want to get up the morning, I can still hear him whispering in my ear“ Smitty, let’ s go, we gotta be ready for the summer.”
CPT Phillip Esposito is survived by his wife and daughter. LT Louis Allen is survived by his wife and four sons. n
Author: Judge Matthew Smith – Thirteenth Judicial Circuit Court
J U LY- A U G 2 0 2 5 | H C B A L A W Y E R
5 7