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April 11, 2007

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Spc. Mario Lozano

By Greyhawk

The New York Post:

Spc. Mario Lozano of Manhattan remembers the moment in Baghdad that changed his life forever - when, with eyes "the size of apples," he saw a vehicle barreling directly toward him and he opened fire.

"You have a warning line, you have a danger line, and you have a kill line," said Lozano, speaking out for the first time about the March 4, 2005, "friendly fire" incident in which he shot from a Humvee machine-gun turret at the vehicle, hitting an Italian war correspondent and killing an Italian intelligence officer.

The nightmare resumes for Lozano, of New York's Fighting 69th Infantry Regiment, next week - when he'll be tried in absentia by Italian officials on charges of murder.

"Anyone inside 100 meters is already in the danger zone . . . and you gotta take them out," Lozano told The Post from his brother's Chelsea apartment.

"If you hesitate, you come home in a box - and I didn't want to come home in a box. I did what any soldier would do in my position."

The resulting machine-gun burst hit Giuliana Sgrena, who had just been released by kidnappers, in the shoulder and killed Italian intelligence agent Nicola Calipari, who had negotiated her release. The vehicle was racing to catch a plane home to Italy at Baghdad Airport, Lozano said.
<...>
Lozano said he had no choice: Like all grunts, he knew all too well what a car bomb could do. Two days before, "two good soldiers died on the road in the same way," he said.
<...>
Lozano and his dad, Mario Sr., blame Sgrena, a correspondent for the Communist paper Il Manifesto, for their nightmare. They criticize her for not making sure that her vehicle's whereabouts were known to the Army and then making a buck off the situation.

Sgrena, 57, was recently in New York promoting her book, "Friendly Fire: The Remarkable Story of a Journalist Kidnapped in Iraq, Rescued by an Italian Secret Service Agent, and Shot at by U.S. Forces."

"I'm sure her life isn't like mine," said a bitter Lozano, who works for his dad's construction business when he's not pulling National Guard duty.

"She's making money. She's famous. Meanwhile, I gotta live with the fact that a guy got killed because he didn't comply with orders and I was that guy who pulled the trigger."

More:
"So when the Italian journalist said there was no light flashed, that's not true?" Logan asked.

"It's not true," Lozano said.

"When she says there's no warning shots, is that true?" Logan asked.

"There was warning shots," Lozano said. "It's not true."

"When she says the vehicle was fired upon 3 to 400 times, is that true?" Logan asked.

"No, that's a lie," Lozano said. "Because in order for that to happen, I would have had to reload."

More:
There are serious problems with the account of the incident that Sgrena gives in speeches and in her book "Friendly Fire." The most absurd is her repeated suggestion that she may have been targeted for assassination. Ha! Lozano and his squad could have finished her off at the scene, had they intended.

Instead, two soldiers worked feverishly to try and save Calipari. Other soldiers carried the wounded Sgrena to their Humvee and raced her to the hospital.

After two years of bashing Lozano in the media, Sgrena says that a trial will determine the facts. Was she ever really interested in the facts?
<...>
Mario Lozano will not appear in Italian court for this show trial. But he may answer the charges; prestigious civilian attorneys are offering their expertise in demolishing Sgrena's fictions.

Meanwhile the soldiers and the friends of New York's 69th Infantry are standing by him. Those of us who've been there know what he lives with.

It's scary, but it's not a guilty conscience.

John Byrnes, author of the last New York Post piece above, has been blogging about the case here.


Posted by Greyhawk / April 11, 2007 12:36 PM | Permalink

2 Comments

I left the following comment at Patterico's site based on a comment by John Byrnes over there.
------------------
Some problems with comments like “One of them has convinced the JAG that they should cooperate with him.”

If a defense client retains civilian counsel, the JAG attorney no longer sits lead on the case. There’s no “convincing” of the JAG. The decision of whether to retain military counsel or seek civilian counsel is up to the client. The JAG typically sits second chair to assist the lead civ. counsel with the procedural elements of the mil justice system.

Obviously you have to PAY for a civilian attorney (or at least have it come at no cost to the gov’t), so I’m skeptical of statements that Lozano was discouraged from retaining civ. counsel. Why would he be discouraged? For what plausible purpose would TDS discourage him from retaining qualified civilian counsel at his own expense?

Moreover, the “part time National Guard” attorney is just kind of silly. What do you think Nat’l Guard and Reserve JAGs do when they’re not on active duty? Hint: It involves being atorneys. And I’m not sure what the claim is that his attorneys are only working on his case “part time.”

The cited defense website alleges that he even had a “team” of NG JAGs (all attorneys, natch) detailed to his defense. Why assign a team to something you don’t care about the outcome of?

Moreover, the fact that this is an ITALIAN trial makes me wonder how much benefit a “good American trial attorney” would be.

My personal opinion is that Lozano did nothing wrong. But that the ITALIANS are trying to turn this into a show trial does not equate to his being railroaded by his chain of command, let alone Trial Defense Services (the relevant branch of Army JAG at issue).

Fun Fact: TDS is a stovepipe organization. They exist separate from the normal JAG rating chain. The nature of their mission requires such independence.

This sounds more like a bad game of telephone where a relatively young guy unfamiliar with the legal system (mil or civ) telling his family and friends things that aren’t entirely accurate.

Army Lawyer

The Army legal team has not been aggressive in Mario's defense. While they are REQUIRED by regulation to work with civilian counsel, they have defended, delayed, and withdrawn. They have advised Mario against civilian counsel. One of them dramatically offered to resign when Mario said he was going that route. They have tried to postpone Mario from signing a formal retainer agreement with that counsel.

His initial lawyer was not from the TDS, he was an M-Day Officer who does tax law as a civilian. The Army did not assign a TDS lawyer until last week. The trial is next week. Even TDS lawyers have Army careers and an Army chain of command, while their loyalty is normally to their client the Army still wields INFLUENCE on their actions.

This TDS lawyer is a young Lt. One of the American Criminal Defense lawyers on our team has prosecuted war criminals in the Balkans, and helped quaterback Saddam Husseins prosecution.
Nuff Said?

I'm not indignant. I'm just working to help my soldier. The fact that you find something less than credible doesn't make it less true. The M-Day staement refers to the fact that this a corp. lawyer with his own caseload, in his area of expertise. I'm not alleging Black Ops. What I'm stating is that the best counsel a defendant can have is one who is experienced and answers only to the client.

Your defense of the JAG/TDS system demonstates the kind of institutional loyalty that worries me. FYI at least four civilian lawyers have looked at this and agree with me.

One is a former US Attorney. I really don't want to bandy this out in public. You are sharpshooting me based on general knowledge and opinion. I really do have direct information on this case. My blog has me email on it. If you have recommendations or concerns you can contact me. Meanwhile Mario Lozano really does need to pay for his civilian Lawyers because the Army isn't going to.

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November 26, 2010


America@war
[Greyhawk]
I think anyone who's ever pondered the "comment" option - once only available on blogs and bulletin boards, now ubiquitous on almost any web site - will appreciate this:
The so-called faculty of writing is not so much a faculty of writing as it is a faculty of thinking. When a man says, "I have an idea but I can't express it"; that man hasn't an idea but merely a vague feeling. If a man has a feeling of that kind, and will sit down for a half an hour and persistently try to put into writing what he feels, the probabilities are at least 90 percent that he will either be able to record it, or else realize that he has no idea at all. In either case, he will do himself a benefit.

That's wisdom from the past, captured for posterity at the US Naval Institute, shared via the web on the institute's 137th anniversary.

From their about page:

The Naval Institute shall remain

INDEPENDENT - A non-profit member association, with no government support, that does not lobby for special interests;

NON-PARTISAN - An independent, professional military association with a mission, goals and objectives that transcend political affiliations; and shall encourage

IDEAS - Through its respected journals Proceedings and Naval History, its conferences, its books and its online content, in support of those who serve.

"The Naval Institute has three core activities," among them, History and Preservation:

The Naval Institute also has recently introduced Americans at War, a living history of Americans at war in their own words and from their own experiences. These 90-second vignettes convey powerful stories of inspiration, pride, and patriotism.

Take a look at the collection, and you'll see it's not limited to accounts from those who served on ships at sea, members of the other branches are well-represented.

I'm fortunate to have met USNI's Mary Ripley, she's responsible for the institute's oral history program (and she's the daughter of the late John Ripley, whose story is told here). She also deserves much credit for their blog. ("We're not the Navy nor any government agency. Blog and comment freely.") We met at a milblog conference - Mary knew (and I would come to realize) that milbloggers are the 21st-century version of exactly what the US Naval Institute is all about. Once that light bulb came on in my head, I mentioned a vague idea for a project to her - milblogs as the 21st century oral history that they are.

"Put that in writing," she said (of course - see first paragraph above!) - and here's part of the result.

Shortly after the first tent was pitched by the American military in Iraq a wire was connected to a computer therein, and the internet was available to a generation of Americans at war - many of whom had grown up online. From that point on, at any given moment, somewhere in Iraq a Soldier, Sailor, Airman or Marine was at a keyboard sharing the events of his or her day with the folks back home. While most would simply fire off an email, others took advantage of the (then) relatively new online blogging platforms to post their thoughts and experiences for the entire world to see. The milblog was born - and from that moment to this stories detailing everything from the most mundane aspects of camp life to intense combat action (often described within hours of the event) have been available on the web...

And et cetera - but since you're reading this on a milblog, you probably knew that. And you know that milblogs aren't just blogs written by troops at war, that many friends, family members, and supporters likewise documented their story of America at war online in near-real time, as those stories developed.

The diversity in membership of that group is broad, the one thing we all have in common is the impulse to make sense of the seemingly senseless, and communicate the tale - for each of us that impulse was strong enough to overcome whatever barriers prevent the vast majority of people from doing the same. Everyone at some point has some vague idea they believe should be shared - we were the people who, from some combination of internal and external urging, found and spent those many half hours persistently trying to write it down.

*****

But where will all that be in another 137 years? Or five or ten, for that matter. That's something I've asked myself since at least 2004 - when I wrote this:

Closing Blogs is nothing new. So many site's owners just give up on their own. They come and go, you know, these MilBloggers do. Like any other sort of blogger. Many post in the lonely down hours far from home, spill their guts for the world, then abandon their spots when the tour of duty is up. They have lives again somewhere in the world, and no need to share the details. So it goes.

Many are truly gone - no site left at all. "The page cannot be found." Other blogs remain, like abandoned defensive positions in shifting desert sands.

Membership in the ghost battalion has grown in the years since, and an ever growing majority of those abandoned-but-still-standing sites are vanishing. Have you checked out Lt Smash's site lately? How about Sgt Hook's? If you're a long-time milblog reader you know the first widely-read milblog from Operation Iraq Freedom and the first widely-read milblog from Afghanistan are both gone from the web. If you're a relative newcomer to this world you may never even have heard of them - or the dozens upon dozens of others who carried forth the standard they set down.

If you have a vague notion that something should be done about that, (a notion I've heard expressed more than once...) then you and I and the good folks at the US Naval Institute are in agreement. Preserving the history documented by the milbloggers is just one of the goals of the milblog project, the once-vague idea that we're now making real.

And it's a big idea, if I say so myself - too big to explain in one simple blog post, so stand by for more. Likewise, it's too big a task to be accomplished by just one person. So if you're a milblogger (and exactly what is a milblogger? is a topic for much further discussion on its own) I'm asking for your help. All I'll really need is just a little bit (maybe just one or two of those half hours...) of your time, and your willingness to tell the tale.

We've already made history, it's time to save it.

(More to follow...)




Posted 4:02 PM | Permalink | Comments (0) |

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The Mudville Gazette is the on-line voice of an American warrior and his wife who stands by him. They prefer to see peaceful change render force of arms unnecessary. Until that day they stand fast with those who struggle for freedom, strike for reason, and pray for a better tomorrow.
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  • John Byrnes: Army Lawyer The Army legal team has not been aggressive read more
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The Mudville Gazette is written and produced by Greyhawk, who recently retired from 24 years of active duty in the US military, but will maintain this disclaimer: Unless otherwise credited, the opinions expressed are those of the author, and nothing here is to be taken as representing the official position of or endorsement by the United States Department of Defense or any of its subordinate components.

Furthermore, I will occasionally use satire or parody herein. The bottom line: it's my house.

I like having visitors to my house. I hope you are entertained. I fight for your right to free speech, and am thrilled when you exercise said rights here. Comments and e-mails are welcome, but all such communication is to be assumed to be 1)the original work of any who initiate said communication and 2)the property of the Mudville Gazette, with free use granted thereto for publication in electronic or written form. If you do NOT wish to have your message posted, write "CONFIDENTIAL" in the subject line of your email.

Original content copyright © 2003 - 2011 by Greyhawk. Fair, not-for-profit use of said material by others is encouraged, as long as acknowledgement and credit is given, to include the url of the original source post. Other arrangements can be made as needed.

Contact: greyhawk at mudvillegazette dot com

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*****

Tending Distant
Fires


Far from hearth and home, watching
Cold alone but not alone
On distant shore and only wanting
Safe return and little more

What tales we'll tell
When that time comes
When tales can be told

When things grim
Seem far away
When other fires go cold

Some distant sunset, vision fading
Memories remain
And tired eyes gaze 'pon folded flags
While distant drums beat their refrain

Saluting fallen friends whose names
And youth will never fade
Here's to those on other shores,
for them live well, the price is paid

- Greyhawk,
Baghdad,
December 2004