Army FOIA Lawsuit Coverage in The Journal News

Today Journal News reporter Hema Easley covered my lawsuit against the US Army for its refusal to provide records from the court martial and acquittal of Staff Sergeant Alberto Martinez, my late husband's murderer [link here].

My key quote is below:

"My monument to Phillip's life is to work to prevent future tragedies such as his death," Esposito said in a statement.

"To fulfill that purpose, I need to fully understand why my husband was murdered and how his killer was permitted to go free. I need the records of his accused murderer's trial," she said.

Widow of Slain Soldier Sues Army for Access to Trial Records

Today I filed suit against the Army for unjustly denying me records of the 2008 court-martial and acquittal of Army Staff Sergeant Alberto B. Martinez, the soldier accused of murdering my late husband Phillip and First Lieutenant Louis Allen. Below is the text of the media release I submitted to newspapers:

Widow of Slain Soldier Sues Army for Access to Trial Records

Summary: Siobhan Esposito, widow of slain US Army officer Captain Phillip Esposito, is suing the Army for records from the 2008 court-martial of a soldier who was acquitted of murdering her husband.

ALEXANDRIA, VA, January 19, 2011 — Siobhan Esposito, the widow of murdered US Army officer Captain Phillip Esposito, has filed suit against the Department of the Army for its failure to turn over records surrounding the 2008 court-martial and acquittal of Army Staff Sergeant Alberto B. Martinez, whom the Army had accused of murdering Esposito.

Mrs. Esposito’s lawsuit, filed today before the US District Court for the District of Columbia, asserts that the Army wrongly denied her Freedom of Information Act request for the record of Martinez’s 2008 murder trial. She believes the court-martial and acquittal represent an unacceptable low point in the Army’s administration of justice and that the injustice of her husband’s death demands public scrutiny.

“My husband was a West Point graduate and a dedicated officer who upheld the highest standards of personal integrity and leadership. He was a wonderfully loving husband and devoted father. Phillip’s absence in our daughter’s and my life is deeply painful,” says Esposito, “and his needless murder and the inexcusable acquittal of his murderer is a nightmare that demands a full and just accounting.”

“My monument to Phillip’s life is to work to prevent future tragedies such as his,” says Esposito. “To fulfill that purpose, I need to fully understand why my husband was murdered and how his killer was permitted to go free. I need the records of his accused murderer’s trial.”

“There is no legitimate reason for the Army to further insult Phillip’s memory by denying me the ability to review its files surrounding his case so that I may learn from these records and press the Army to take the necessary action to prevent similar tragedies in the future.”

Esposito is represented by Eugene R Fidell of Feldesman Tucker Leifer Fidell LLP. His practice includes federal administrative law and military justice, a field in which he frequently serves as a commentator for national and foreign news media.

Media Contact:
Siobhan Esposito
http://siobhanesposito.blogspot.com

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Show lewd videos, get fired. Allow two men to be murdered, don't get fired.

According to the AP, a Navy Captain has been removed from his command because of raunchy comedy videos he made and showed to his command several years ago.

"While Capt. Honors' performance as commanding officer of USS Enterprise has been without incident, his profound lack of good judgment and professionalism while previously serving as executive officer on Enterprise calls into question his character and completely undermines his credibility to continue to serve effectively in command," Harvey said in a statement read to reporters in Norfolk on Tuesday afternoon. [AP]

Contrast the Navy's action here with the Army's actions surrounding the murder of my late husband, Captain Phillip Esposito and First Lieutenant Louis Allen by Alberto Martinez, a soldier under my husband's command. In my late husband's case, Martinez issued hundreds of death threats prior to his act of murder; nevertheless, none of the individuals who heard these threats and failed to act against them have been held to account for their own "profound lack of good judgment and professionalism."

The fact is that Capt. Honors' video hurt literally no one, yet the Navy's punishment of this officer was infinitely more severe than any imposed upon those whose inaction led to my husband's murder. It goes without saying that there ought to be more justice for my late husband and Lt. Allen than what we have received.