In her own words

Barbara Allen writes following the acquittal of her husband's accused killer Editor’s note: Barbara Allen, the widow of 1st Lt. Louis Allen, is in Fort Bragg, N.C., where she attended the court martial of Staff Sgt. Alberto Martinez, the man charged with killing her husband and Capt. Phillip Esposito during their service in Iraq. This is part of a series dispatches on the trial, which ended in acquittal yesterday. Lt. Allen, a Chester, N.Y. native, lived in Milford, and taught science at George F. Baker High School in Tuxedo, N.Y. By Barbara Allen Eleven hours ago the military panel voted to acquit the individual who murdered Cpt. Phillip Esposito and my husband, Lou. After three and a half years of emotional agony for our families, we should be well-versed in catastrophic events. I believed nothing else about this case would ever truly shock me to my core again. I was extremely wrong. Plagued since the onset, this case grew exceedingly stacked against the government, with defense receiving the majority of everything they asked for. If someone has the number of their Fairy Godmother, can you please send it to me? Upon completion of voir dire in the fall, I accepted this would not be a capital case in anything but name. One member was seated in spite of freely expressing anti-death penalty views, as well as distrust and disgust with the U.S.Army Criminal Investigation Command (CID). If you have been following this case, you will know CID was a large part of it. But for a member who is predetermined to disbelieve anything from CID, nothing heard from any agent would ever be credible. Citing this and the member’s outright disdain for CID, the government exercised a pre-emptory strike against this member. Defense of course objected, and we waited for the judge to overrule the objection. But as fate would have it, this event occurred in the fifth round of voir dire, with 13 members already selected, after two and a half weeks of the process. Overruling the objection would result in “busting the panel” and starting round six the following day. The military judge, having lost control of defense in the early stage of the process, had finally begun to reign them in and was out of patience with the ordeal. He was not about to spend another two to three days in voir dire with such an easy out in front of him. Ruling in favor of the defense’s ridiculous notion the prosecutor was attempting to strike this member on grounds of racism, Colonel Henley allowed the member to sit. This member was seated next to a young female member, and the two of them spent more time batting their eyelashes at each other than weighing evidence in this case. Two other members were allowed to sit in spite of clearly stating they didn’t believe in the death penalty and would have an extremely difficult time ever considering it. The inclusion of these three members guaranteed nothing more than the illusion of a capital case. As it turns out, by the time the trial was in its final stages, I was absolutely at peace with the idea of Martinez spending life without parole in prison: I would know he was no longer a threat to my family and I would be free from the fear of him exacting further revenge on my family for having the audacity to wage war against him. But I clearly overestimated the intelligence and integrity of at least five members of the panel. Maybe more. Since they were not polled and the military judge conveniently ordered them not to speak of this case with anyone, we will never know what happened in that room. The last I saw of them, Colonel Fiorey, the panel president, was proudly announcing their daddy’s blood spilled for nothing and the entire panel fled the room. Now, instead of any possibility of peace, I am the one sentenced to a life of fear. How do I tell my boys the “bad man” not only got away with murdering daddy but lives a mere two hours away from us? How do I raise them to trust in the system, when the first system that failed resulted in their dad being massacred, and the second system — our only recourse — has now made a mockery of our suffering and loss? As the years crept by we watched helplessly while evidence was suppressed, charges were severed, and the government was forced to proceed to trial without the luxury of presenting the whole truth. I don’t believe anything will ever restore my faith in the military judicial system. My second fear is the message this verdict send to our armed forces. There are other Martinezes out there. How will soldiers find the courage the report these soldiers now? How many more innocent soldiers will be murdered by one of our own before something is done? I’d like to thank everyone who has stood by our families, and all those who have done something extraordinary with their own lives, and attribute Lou for being their inspiration. To all of you, please know you honor Lou, and please don’t ever stop. To the trial team: Your dedication, professionalism, and compassion for our families will never be forgotten. Your refusal to give up in the face of ever-increasing odds has been and will continue to be an inspiration. Lou rules.