Army does not want to release transcript of trial to soldier's widow

Army seeks lawsuit dismissal


By Drew Brooks
Staff writer

The Army has asked a federal judge to dismiss a Freedom of Information Act lawsuit filed earlier this year by a widow of a soldier killed in Iraq in 2005.

Siobhan Esposito, wife of Capt. Phillip Esposito, filed the lawsuit in January in U.S. District Court in Washington, seeking a complete transcript of the 2008 court-martial of a soldier who was acquitted of her husband's murder.

In it's response, filed Friday, the Army admits to releasing only a partial trial record that was redacted to exclude information that had been stated in open court, such as the names of lawyers, witnesses and bases in Iraq.

But the Army denies doing anything wrong, and it's response argues that Esposito does not state a claim upon which relief can be granted.

Esposito has said she wants the record of Staff Sgt. Alberto B. Martinez's two-month court-martial so that she can prevent "future tragedies such as (her husband's)."

Esposito has said she still believes Martinez is responsible for her husband's death.
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Army seeks lawsuit dismissal