An American Soldier Needs Our Help

An American Soldier Desperately Needs Help, Your Help!

Specialist Mario Lozano was recently indicted for murder in Italy. Unfairly persecuted for doing his duty, following orders and protecting his fellow soldiers, Mario’s trial resumes in Italy next month. We are currently raising funds for his defense. The circumstances of his case are tragic.

In Baghdad Iraq, on March 4th 2005, Specialist Lozano and his squad were obeying lawful orders and conducting a checkpoint. They were blocking an access ramp, in order to close Route Irish, the most dangerous road in Iraq. The US ambassador, John Negroponte was traveling that evening, requiring Route Irish to be shut down.

Spc. Lozano manned an M240B machine gun in the turret of his Humvee. After over an hour on post, he had turned back over a dozen vehicles without incident. Then a vehicle came barreling towards the Humvee. Despite signals and warning shots the vehicle proceeded. US Soldiers estimated it was traveling at about 50 miles per hour. The driver estimated his own speed as between 40 and 50 MPH…

As the vehicle crossed a point 140 meters away, Specialist Lozano shined a high intensity spotlight on it. Another soldier used a green laser on the windshield to warn the vehicle off. An official US Army report describes what happened next.

The car crossed the Alert Line still heading towards the Soldiers’ position without slowing down. Specialist Lozano continued to shine the spotlight, and shouted at the vehicle to stop, a fruitless effort, but an instantaneous reaction based on his training.

Without slowing down, the car continued toward the Warning Line with the spotlight and laser still on it. The car continued to approach at a high rate of speed, coming closer to the Soldiers than any other vehicle that evening. When the car got to the Warning Line,(about 100 meters) Specialist Lozano, while still holding the spotlight in his left hand, used his right hand to quickly fire a two to four round burst into a grassy area to the on-coming vehicle’s right (the pre-set aiming point) as a warning shot. The vehicle maintained its speed as it went beyond the Warning Line. Staff Sergeant B., a former New York City Police Officer trained in vehicle speed estimation, estimated the car was traveling at 50. Specialist Lozano dropped the spotlight and immediately traversed his weapon from his left to his right, without having to move the turret, to orient on the front of the car. With both hands on the weapon, he fired another burst, walking the rounds from the ground on the passenger’s side of the vehicle and towards the car’s engine block in an attempt to disable it. The rounds hit the right and front sides of the vehicle, deflated the left front tire, and blew out the side windows.

Specialist Lozano has told me that the vehicle stopped only a few meters away from him. He crouched down behind his weapon expecting an explosion from what he believed was a car bomb. He thought he and his buddies were about to die.

The vehicle was not a car bomb. It contained Italian journalist Guiliana Sgrena, just released by her Iraqi captors and Italian Intelligence officers Nicola Calipari and Andrea Carpani. Calipari who had negotiated Sgrena’s release was struck by one of Lozano’s rounds and died on the scene. Sgrena was wounded and taken to the US Army hospital in the nearby Green Zone. Carpani who was driving admitted to speeding to escape danger. Despite a US Army investigation that concluded Mario Lozano had committed no crime Italian authorities have pursued murder charges. They indicted him, and the trial began on April 17, 2007.

Italian jurisdiction rests on a unilateral claim by the Italians to prosecute “political murder” of Italians anywhere in the world. It is contrary to the NATO Treaty, and the Geneva Convention. Mario was following lawful orders issued by the competent authority of the US Army under the Geneva Convention. Mario was acting reasonably in defense of self and others, he had every reason to believe it was a car bomb. The US Army found he acted appropriately. The evidence supports these facts.

Mario has retained renowned New York City criminal defense lawyer Edward W. Hayes and widely recognized international criminal law expert Gregory W. Kehoe, Esq. to lead his defense team. His trial in absentia scheduled in Rome on charges of political murder and attempted murder has been adjourned until May 14, 2007. Messrs. Hayes and Kehoe will be working closely with Italian defense attorney Alberto Biffani to clear Mr. Lozano of these baseless charges. The U.S. Army JAG Corp. (Judge Advocate General) will assist the defense in interviewing witness and providing exculpatory evidence in the trial. Mr. Biffani told reporters today he expects Lozano to be acquitted.

These are the best attorneys available and Mario’s best chance for complete exoneration. But civilian defense costs, even with some services pro bono, will be expensive. Some of the Italian “evidence” will require expert witnesses to disprove. These will also be expensive. Mario Lozano is a working class New Yorker. The Specialist Lozano Defense Fund, is working to pay for his defense. The legal team estimates at least One hundred thousand dollars needs to be raised for us to succeed. We need your help. The Friends of the Fighting 69th, are seeking donations to offset the cost of a vigorous defense of Mario Lozano. Organizations are asked to donate $1000, individuals to donate what they can afford. Donations can be made on-line at the organizations website, 69thfriends.org and also at defendlozano.org or by check payable to:

Friends of the Fighting 69th,
Attention: SPC Lozano Defense Fund,
P.O. Box 7473, FDR Station,
New York, NY 10150

Sincerely,

John Byrnes
President
Defend Lozano
917-689-1657

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