On Monday the defense will start its rebuttal statement, and if things go according to schedule closing arguments should start on Tuesday. The jury could go into deliberations soon after that we could have a verdict as soon as the end of the week.

Also, after many weeks of trying to get information from JAG attorneys, I finally got the answer I was looking for — the jury doesn’t need to be unanimous to reach a guilty verdict; it needs a 2/3rd majority. It needs a unanimous vote for the death penalty.

I’ll keep you posted about how the remainder of the trial goes. For a more detailed account, go to www.lohud.com.

Featured will be the renowned U.S. Military Academy Concert band. The event will take place at Suffern High School located at 47 Viola Road, Suffern, at 2 p.m. Free tickets are available till supplies last at Ramapo Town Hall.

The United States Military Acadaemy Band has quite a history, and is a descendant from the small band that first assembled in West Point in 1817. The original 20 piece military band has evolved to the current 48-member wind band. Over the years it has developed a reputation of being among the finest of its kind. So don’t don’t miss the opportunity!

Several speakers experienced in veterans affairs will be speaking at the Dr. Robert L. Yeager Health Center Building F, Room 119, on Sanatorium Road in Pomona at 7:30 p.m. Jerry Donnellan, director of Rockland County’s Veteran’s Services Agency, Jim Murphy of Veteran’s For Peace, Stan Hyman of VCS Vets for Vets Program, and Jim Ievolella, also of VCS Vets for Vets Program will be speaking that night.

A flier distributed by Nami-Familya helps identify some of the signs of PTSD, including bad dreams, flashbacks, trouble sleeping, angry outbursts, scary thoughts that caan’t be controled, thoughts of hurting yourself or others.

If you feel that you, or a veteran you know may be suffering from PTSD, please take advantage and go to hear the people who know.

The problem with that picture is that the prosecution has brought forth enough witnesses who have testifying that they were personally aware about the ongoing feud between Martinez and his commander, Captain Phillip Esposito of Suffern,  and that they heard him making threats to fragg Esposito.  So far the prosecution has been able to make the case that Martinez is the only person who had the motive, the ability and the opportunity to carry out the murders.

Martinez was the supply sergeant of the 42nd Infantry Division’s headquarter support company in Tikrit, Iraq, in 2005, and has access to all kinds of ammunition and explosives. Esposito was his company commander. 1st Lt. Louis Allen of Milford, Pa, the new second-in-command, had just arrived in Iraq, and was in esposito’s room when a claymore mine exploded and killed them both. Martinez is charged with planting the mine.

The defense seems have have had a shaky start. It was supposed to bring forth its witnessess on Tuesday, but asked for a delay because all its witnesses hadn’t arrived at Fort Bragg where the trial is being held. Defense witnesses started their testimony on Wednesday, but broke early today because some witnesses hadn’t arrived. The defense blamed the government for dragging its feet in bringing the witnesses, most of whom are posted overseas or are at locations across the country.

I’ve been following the trial from West Point, where a live video feed has been provided for family members and the media. Several of Allen’s relatives who live in the area come to watch the trial. Relatives of Esposito’s wife, Siobhan, also occasionally come.

The prosecution presented its last witness yesterday. Staff Sgt. Amy Harlan testified that she gave Alberto Martinez three claymore mines, the weapon that investigators say he used to murder Capt. Phillip Esposito of Suffern and 1st Lt. Louis Allen of Milford, Penn. The two officers died after a series of explosions in Saddam Hussein’s Water Palace in Tikrit, Iraq, which served as Forward Operating Base Danger.

So far the prosecution has presented witnesses who have testified that they were aware Martinez hated Esposito and had publicly spoken about fragging him. Witnesses have also said they saw him close to the blast site in suspicious circumstances after the explosions. As the supply sergeant of his unit, Martinez had access to all kinds of ammunition. In short, the prosecution has made the case that no one but Martinez had the motive, the ability and the opportunity to kill the two men.

Now its the defense’ turn. Witnesses have been called from across the country and from overseas to testify in the first fragging trial since the war in Iraq began. I’ll be waiting to see what they have to offer.

Several witnesses have testifed that Martinez was openly hostile toward Esposito and had made threats against him. One witness told the jury that Martinez had sought her help in tracking Esposito’s movements and finding a key to his office. So it’s surprising that no one informed the Army top brass that Martinez was talking about fragging Esposito.

This has been a particularly disturbing issue with the family members of the deceased men. One wonders that with the history of fragging during the Vietnam war, the armed forces would have some rules in place that make it mandatory for soldiers to report threats against members of the armed forces.

With so many witnesses testifying that they heard Martinez using expletives against Esposito and making threats, the defense is finding it hard to deny it. It is arguing that Martinez was just venting because he was upset with disciplinary action that Esposito was contemplating against him because of his poor job performance.

Let’s see how it goes. The prosecution has a couple of dozen more witnesses to bring to the stand, and the defense has several dozen. Stay tuned.

P.S. The court-martial is taking place at Fort Bragg, NC. A live video feed has been made available to family members and the media at West Point. The widows and parents of the victims are attending the trial at Fort Bragg.

But he’s not there to root for any candidate; Roberts is part of a Iraq and Afghanistan Veterans of America, or IAVA, which is there to meet with delegates and convention guests. The aim is to raise awareness about critical issues facing the 1.7 million Iraq and Afghanistan veterans and highlight the fight for the new GI bill.

The group is planning a major community service event for delegates as well as Denver residents that includes preparing care packages for troops serving overseas.  A delegation of IAVA veterans will also travel to the upcoming republican National Convention in Minneapolis-St. Paul to press their case.

Roberts, a West Point graduate, is a former Army officer who served in the field artillery brancj from 1997 to 2004. In 2004 he deployed to Iraq with the 4th Infantry Division. He currently lives in New York City.

Fort Bragg says tomorrow will start the last phase off pretrial motions in the murder trial of Staff Sgt. Alberto Martinez of Troy who is accused in the 2005 killings of Capt. Phillip Esposito of Suffern and 1st. Lt. Louis Allen of Milford, Penn.  Their deaths are considered the first fragging incident since the U.S. invaded Iraq. Pretrials  motions started in Oct 2005, four months after their deaths, and they continue three years later.

But the Aug. 20 to Aug. 22 motions, a whopping 49 in all, will be the last phase, Thomas McCollum, a spokesman for Fort Bragg assured me. The actual court-martial is set for Oct. 6 to Dec. 31, and this time JAG will hold to the date, he said. A couple of court-martial dates have been thrown around before, so we’ll keep our fingers crossed.

The families of Esposito and Allen have already left for Fort Bragg, keeping to their 2005 promise of attending every hearing that is held, whether it is in the Middle East or stateside.  So far the widows of the two men and their families have made more than 10 trips to the military base. If the military keeps to its word, the next time the families go, it will be for the court-martial. Perhaps that will bring some closure to their pain.

Two months ago, prosecutors appealed a military court’s ruling that prevented them from using potentially incriminating statements made by the accused, Staff Sgt. Alberto Martinez of Troy, when he was first arrested in Tikrit, Iraq, on suspicion of murder. The statements were reportedly made by Martinez to an officer while he was being advised of his rights, but were not recorded.

Prosecutors are yet to hear back from the Army Court of Criminal Appeals, a spokeswoman at Fort Bragg told me. An answer was expected this week, she said, but it hasn’t come. Maybe next week, she said.

Once the court’s ruling comes, more pre-trial hearings will be scheduled. The final trial will still be months away. If we are lucky, that is.

Gov. David Paterson said the increased award was a way of showing appreciation for the services of veterans. The awards will be available to veterans whoserved in Indochina in the Vietnam War, or who served in hostilities in the Persian Gulf or Afghanistan, and were discharged under honorable conditions are eligible for the tuition award.

Those who served in the armed forces in fighting that ocurred after Feb. 28 1961 — those with Armed Forces Expeditionary Medal, Navy Expeditionary Medal, or Marine Corps Expeditionary Medal — and were honorably discharged, will also be eligible.

More details about the increased awards can be found at the state’s Veterans Affairs Web site at http://www.veterans.state.ny.us or at the Web site of the New York State Higher Education Services Corp (HESC) at http://www.hesc.com/content.nsf/SFC/Military_Corner.