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Europe

Rome judge throws out case against US soldier

2007-10-26

ROME (AFP) — A Rome judge on Thursday threw out a case against a US soldier for killing a top Italian intelligence agent in Iraq in 2005, saying Italy does not have jurisdiction to try him. Took him long enough. Specialist Mario Lozano had gone on trial in absentia in April, accused of "voluntary homicide" over the shooting of Nicola Calipari, deputy director of Italian military intelligence, near Baghdad airport in March 2005. Thousands attended Calipari's funeral in a case that strained relations between Washington and Rome, whose separate investigations into the incident came to widely differing conclusions. Calipari, who had just freed left-wing Italian journalist Giuliana Sgrena from kidnappers, shielded her during the hail of gunfire unleashed on their car from a mobile checkpoint. Sgrena, who was seriously wounded, was suing for damages at the trial. The US probe exonerated Lozano, concluding that US troops were not informed that the car carrying the freed journalist was passing through. They say it was driving too fast and did not slow down when signalled. Lozano, 37, insists he merely did his duty in opening fire on the Italians' car. A New York National Guardsman, Lozano broke two years of public silence on the eve of the trial when he told the New York Post that Sgrena's vehicle was moving at speed towards his checkpoint. "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," Lozano said. The US side maintains that the Italian authorities had informed the US forces of the operation to free Sgrena after a month in captivity and that there was a breakdown in their communications when the Italians' car was heading to the airport. Rome has never accepted these explanations and refused to sign a joint report, and its own investigation was signed by, among others, the pro-US then defence minister Antonio Martino. The Italians determined that the shooting was the result of an error of judgement and inexperienced soldiers patrolling the airport road and concluded that Lozano was probably frightened when he fired on the three Italians. Ballistics experts found that driver Andrea Carpani, another secret service officer, was driving at a normal speed and that US troops gave no warnings before opening fire. The Italian probe also found that there were no signposts warning of the checkpoint. Reacting to Thursday's decision, Sgrena told AFP: "I find this ruling incredible. US arrogance has won." She added: "Calipari was celebrated as a hero, and now they don't want to know what happened. This is very serious." Simone Sabattini, a lawyer for the civil plaintiffs, told AFP that Thursday's ruling would be appealed. The higher cassation court will review only the formal aspects of the proceedings. The prosecution had argued that the US military had forfeited its option of trying Lozano. "There were a lot of reasons" why Rome does not have jurisdiction, said Lozano's lawyer Alberto Biffani, who had argued that as a member of the US military, Lozano was "a person who represented an organ of the United States" and enjoyed immunity. He also cited a letter by then US secretary of state Colin Powell that was attached to a UN resolution stating that each member of the US-led coalition "has the responsibility of jurisdiction over its own forces." Prosecutor Erminio Amelio told the court last month that each coalition member had "concurrent jurisdiction" and that by opting not to try Lozano, the United States had "officially declined its potential active jurisdiction" in the case. Powell's letter to the UN Security Council was "unilateral," he added, and does not have the force of law.

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Iraq

U.S. Soldier Tells Paper How He Killed Italian Agent

2007-05-09

Rome, 9 May (AKI) - Mario Lozano, the US marine who admitted to killing an Italian intelligence official in Iraq, told Italy's main paper Corriere della Sera in an interview published Wednesday he was sorry "I killed one of your heroes" but stressed that the car Nicola Calipari was travelling in failed to stop at a blocking point, forcing him to fire at it." "Two days before the tragedy two of my friends were blown up at a checkpoint by a car bomb," Lozano told Corriere. "But ours, on that terrible 4 March 2005, was a blocking point, not a checkpoint. We had received the order not to make any vehicle pass because ambassador John Negroponte was in the area." Lozano, 37, is standing trial in Rome over the death of an Italian intelligence agent in Iraq in March 2005. After a brief hearing in April, the trial is scheduled to resume on 14 May. The agent, 51-year-old Calipari, was shot dead as he was travelling in a car to Baghdad airport to escort journalist Giuliana Sgrena back home. Sgrena, an anti-war journalist, had just been freed by kidnappers after a month in captivity. Lozano, who will likely be tried in absentia as he has been cleared of all charges in the US, is accused of Calipari's murder and the attempted murder of Sgrena and another agent, Andrea Carpani, who were travelling together in the car. Lozano told Corriere he has pictures taken at the scene of the incident that prove his version of facts: "I have already handed them over to Roman magistrates. They leave no doubt on the dynamics of the accident." The incident placed under serious strain US-Italian relations with separate investigations from the two sides giving very different results on the shooting at a checkpoint on the road to the Baghdad airport, in which Calipari was shot and killed as he shielded Sgrena's body, who was wounded in the shoulder. The US military said the car the two were in rapidly approached a checkpoint and ignored repeated warnings to stop. Sgrena and Carpani instead said the vehicle was traveling at a low speed and braked very swiftly when a light shone on it. "The car was travelling at 80 km/h. As my pictures show, I fired when it was about one hundred metres away and, contrary to the other cars visible on the horizon, did not stop when I fired warning shots into air," claimed Lozano in the interview. "At the end the driver waved a cell phone. I should have fired again, as the protocol says, given that cell phones in Iraq are often carbomb detonators but instead I preferred to risk my life." Lozano, who is still serving in the US army, told Corriere della Sera he is scheduled to leave for Afghanistan in November.

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Europe

U.S. soldier (In absentia) on trial in Italy for Iraq killing

2007-04-17

A U.S. soldier went on trial in absentia in Italy on Tuesday accused of killing an Italian intelligence agent in Iraq, but his lawyer said his client would reject the court's jurisdiction. After preliminary motions, it was adjourned until May 14. And which time his lawyer will again reject the court's jursidiction. Mario Lozano, from the U.S. Army National Guard in New York, denies wrongdoing in firing at Nicola Calipari's car when the agent was escorting a newly freed hostage to Baghdad airport in 2005. He says the driver ignored warnings to slow down or stop. He is being tried in absentia because Washington has ruled out handing him over and his lawyer, Alberto Biffani, indicated his client could formally reject the Italian court's authority. "Of course, Mr. Lozano will reject that this court has jurisdiction in this case," Biffani told reporters. The U.S. and Italian governments said the shooting was an accident, but an Italian judge charged Lozano with murder and two counts of attempted murder of those in the car. Since the judges are pretty much free to do whatever they want in a country governed by the Napoleonic code. His trial began in a courtroom inside Rome's maximum security prison, Rebibbia, the largest in the Italian capital. Seven empty cages flanked the left side of the courtroom, normally used to hold high-security defendants. Wanna bet on the outcome of the trial?

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Europe

Italy still wants justice from U.S. for Iraq shooting

2007-03-05

Italy has raised the stakes in a spat with the United States over the killing by a U.S. soldier of an Italian intelligence agent in Iraq, saying Washington must set things right by assuming responsibility for the death. Foreign Minister Massimo D'Alema openly challenged the United States at a weekend commemoration of Nicola Calipari, the agent killed on March 4, 2005 at a U.S. military checkpoint near Baghdad airport. His speech made headlines such as that in Sunday's La Repubblica newspaper of Rome: "D'Alema accuses the United States over the Calipari case." Calipari became a national hero for securing freedom for kidnapped journalist Giuliana Sgrena. He died shielding her from gunfire at the checkpoint just after her release. A Rome judge last month ordered the U.S. soldier to stand trial for the killing but Washington has refused to hand him over and considers the case closed. "The name of the person who is believed to have fired the shots is known. Whatever the truth is, this was a lost opportunity for the Americans," D'Alema said. "Right now, there is a need for justice to be done." Mario Lozano, of the U.S. Army's 69th Infantry Regiment, has been charged with voluntary homicide for the shooting. The trial begins next month and Lozano will be tried in absentia. While the defence departments of Italy and the United States say the killing was an accident in a war zone, Italian prosecutors will try Lozano on charges of murder for Calipari and attempted murder for the two other people in the car. Lozano, of the New York Army National Guard, was the gunner at the U.S. checkpoint. The U.S. military says the car carrying the Italians did not slow down but Italian prosecutors contest this. Contest it? I think they've already decided their version of the truth. D'Alema said Washington should have behaved the way it did over an incident in 1998, when a low-flying U.S. jet on a training mission in northern Italy clipped the cables of a ski gondola at the northern town of Cavalese. Twenty people were killed when the gondola crashed into the Cermis mountain. In that incident a U.S. military court convicted a Marine pilot of obstructing justice but absolved him of manslaughter. Still, the United States offered compensation to victims of the families and the U.S. ambassador at the time, Thomas Foglietta, went to the area and literally got down on his knees to ask forgiveness in the name of former President Bill Clinton. "The American government assumed responsibility with an act of great political and moral value (for the Cermis deaths)," D'Alema said. "This has not happened this time." Because the circumstances are completely different. In a Sunday TV talk show, deputy prime minister Francesco Rutelli backed D'Alema, saying that as a U.S. ally, Italy deserved "more than a bureaucratic response" from Washington, particularly since Calipari had "sacrificed" his life. Calipari's widow Rosa has denounced Washington for exonerating Lozano and the former government of Prime Minister Silvio Berlusconi for accepting the shooting was an accident. Sgrena, the freed Italian journalist, was wounded in the shooting and is seeking damages from Washington. Of course she is. She'll be alleging torture next.

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Europe

U.S. Soldier to Be Tried in Italy

2007-02-07

A judge Wednesday ordered a U.S. soldier to stand trial in absentia for the fatal shooting of an Italian intelligence agent at a checkpoint in Baghdad, the prosecutor said. Spc. Mario Lozano is indicted for murder and attempted murder in the death of Nicola Calipari, who was shot on March 4, 2005, on his way to the Baghdad airport shortly after securing the release of an Italian journalist who had been kidnapped in the Iraqi capital, prosecutor Pietro Saviotti said. Another agent, who was driving the car, and the journalist, Giuliana Sgrena, were wounded. "This looks to me like the first step on a long road toward truth and justice, and I hope justice will come in the end," said a visibly emotional Rosa Calipari, the agent's widow. Lozano was not at the hearing and his whereabouts are not known, but defendants can be tried in absentia in Italy. Judge Sante Spinaci set his trial date for April 17. Prosecutors so far have not sought the soldier's arrest. Lozano, a member of the New York-based 69th Infantry Regiment, has said through friends in the military that he had no idea the car was carrying the Italians. The case has strained U.S.-Italian relations. The United States and Italy drew different conclusions in reports on the incident. U.S. authorities have said the vehicle was traveling fast, alarming soldiers, who feared an insurgent attack. Italian officials claimed the car was traveling at normal speed and accused the U.S. military of failing to signal there was a checkpoint. Calipari's death angered Italians, already largely opposed to the war in Iraq, and the agent was mourned as a national hero.

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Europe

American GI's Indictment Sought in Italy

2006-06-19

ROME (AP) -- Prosecutors have requested the indictment of a U.S. soldier over the shooting of an Italian intelligence agent at a checkpoint in Iraq last year, a prosecutor said Monday. Let me think.....ummmm, no Authorities were seeking the indictment on charges of murder and attempted murder, the official said on condition of anonymity because of a new law allowing only the chief prosecutor to speak to the media. Prosecutor Erminio Amelio previously has identified the U.S. soldier as Mario Lozano. Local newspapers have reported that Lozano is from New York. From Wikipedia: Mario Lozano is a soldier in the US Army, who acquired notoriety after killing Nicola Calipari in an incident on Route Irish. The United States sought to protect his anonymity, but a blunder in data security by the Coalition Forces in Iraq revealed the names of all personnel involved in the shooting (the PDF report, written with Microsoft's word processor, containing all the names not even crypted accessible on demand). Lozano was a resident of the Bronx and Specialist in the First Battalion of the 69th Infantry Regiment, New York State National Guard and of the 3rd Infantry Division, based in Manhattan, New York. How ironic is that? An Italian 'journalist', driven by an Italian agent, tries to run a roadblock in Baghdad, and gets shot by Mario from da Bronx. Fabrizio Cardinali, Lozano's court-appointed lawyer, said last week he expected his client would be tried in absentia for murder and attempted murder. Officials at the U.S. Embassy could not immediately be reached for comment. The death of Nicola Calipari by U.S. gunfire strained relations between Italy and the United States. The agent was heading by car to Baghdad airport on March 4, 2005, shortly after securing the release of an Italian journalist who had been kidnapped in the Iraqi capital when he was shot at the checkpoint. Another agent, who was driving the car, and the journalist, Giuliana Sgrena, were wounded. Italy and the United States issued separate reports on the incident, after failing to agree on a shared version of events. U.S. authorities have said the vehicle was traveling fast, alarming soldiers, who feared an insurgent attack. Italian officials claimed the car was traveling at normal speed (well, for italian's) and blamed U.S. military for failing to signal there was a checkpoint.

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Iraq

Iraq Blast Kills 3 Italians, Romanian

2006-04-27

A bomb blast rocked an Italian convoy at a base in southern Iraq on Thursday, killing three Italian soldiers and a Romanian, the Defense Ministry said. The roadside bomb targeted a four-vehicle convoy on its way to relieve troops at an Iraqi police station in the city of Nasiriyah, the ministry said in a statement. One of the vehicles was destroyed, killing the four soldiers and seriously injuring at least one more passenger. Premier Silvio Berlusconi said he was "profoundly grieved" by the deaths. Center-left leader Romano Prodi, who will head the next Italian government, said in a statement that "this tragedy strikes at all of Italy" and he shared the pain of the victims' families. Lawmakers from the extremist parties of the center-left coalition seized on the news to criticize Italy's decision to send troops to Iraq and demand that the government quicken the withdrawal of its military contingent there. "Today's attack that caused the deaths of Italian soldiers is an additional loss that Berlusconi's wicked choice to stand by his friend (President) Bush brings today to our country," Communist lawmaker Marco Rizzo was quoted as saying by the Apcom news agency. Prodi opposed the war and has pledged to bring Italian troops home by the end of the year. Italy already has begun withdrawing troops under Berlusconi, who also was prepared to end the Italian participation in the multinational force this year. The Romanian Foreign Affairs Ministry condemned "the terrorist attack" and expressed its condolences to the family of the Romanian soldier. The Romanian Defense Ministry identified the soldier as corporal Bogdan Hancu, a 28-year-old military policeman from the eastern city of Iasi. He is Romania's first combat casualty in Iraq. The country has 860 troops in Iraq as part of the multinational force. The attack brings the number of Italian military deaths since the Iraq war began in 2003 to 30, including 19 killed in the bombing of a military barracks in November 2003. The deaths also include intelligence agent Nicola Calipari, who was shot in March 2005 by U.S. soldiers as he was escorting an Italian journalist to the Baghdad airport after securing her release from Iraqi captors. More than 2,000 Italian troops are stationed in Nasiriyah. Since the start of the war, at least 212 foreign soldiers have been killed in Iraq. At least 2,393 U.S. military members have died.

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Iraq

Al-Zarqawi Aide Arrested For Sgrena Kidnap

2006-04-06

Baghdad, 6 April (AKI) - The key suspect in the kidnapping of Italian journalist Guiliana Sgrena has been captured, the U.S. military said on Thursday. Mohammed Hila Hammad al-Ubaydi, a former senior intelligence official under Saddam Hussein with close ties to the al-Qaeda leader in Iraq Abu Musab al-Zarqawi, was arrested on 7 March, the statement said. Sgrena was freed last year but an Italian intelligence officer escorting her to freedom was shot and killed by U.S. forces at a checkpoint near Baghdad airport. Al-Ubaydi was sought for questioning in several assassination attempts the statement added.. The military said Ubaydi was the former aide to the intelligence chief of staff under Saddam Hussein, and now heads a group it identified as the Secret Islamic Army in northern Babel province. Ubaydi, also known as Abu Ayman, was captured a month ago, but the news had not been announced until DNA testing could verify his identity, the military said. Plus it gave us time to suck out his brains The Iraqi Central Investigating Court in Baghdad issued an arrest warrant for Ubaydi on October 17 last year, accusing him of committing terrorist acts. As well as his involvement in the abduction of Giuliana Sgrena, Ubaydi is also suspected of kidnapping and killing several hostages in Iraq and is believed to have carried out attacks on military forces and citizens. Authorities said he had been the target of an intense manhunt by Iraqi and other intelligence agencies and was picked up in the Al-Mahmudiya neighborhood of southern Baghdad. Italian freelance journalist Giuliana Sgrena was kidnapped in Baghdad on February 4, 2005, and was freed a month later after her release was negotiated by Italian agent Nicola Calipari. He was escorting her to the Baghdad airport when he was shot to death by U.S. troops at a checkpoint. Sgrena was wounded in the shoulder. The US dismissed the shooting was an accident, and no disciplinary action was taken against the soldiers involved. However, the Italians disputed the conclusion.

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Europe

Italy Seeks U.S. Help in Shooting Probe

2006-01-18

ROME (AP) -- Rome prosecutors sought help from the United States on Wednesday in locating an American soldier believed to have shot an Italian secret service agent at a checkpoint in Iraq last year. So far, the United States has not responded to Italian requests to trace the soldier's identity and hometown, prosecutor Erminio Amelio said. "The U.S. never answered any of our requests. We did not receive any cooperation," Amelio told The Associated Press. "They have never answered and we don't think they ever will." His name is Joe. G.I. Joe. You might remember him, he kicked the Germans out of your sorry excuse for a country. The U.S. Embassy in Rome said it had no immediate comment. It's not like the military would trust the State Department with that info. Prosecutors intend to charge the soldier in the death of Italian agent Nicola Calipari, who was killed by U.S. gunfire as he was heading to Baghdad airport on March 4 after securing the release of an Italian hostage. Another agent and the freed hostage, journalist Giuliana Sgrena, were wounded. "There's no persecutory intention against a person or the United States," Amelio said. "We're checking on facts and responsibilities." He added that Italian paramilitary police had been asked to locate the soldier so prosecutors can notify him of the end of their investigation, a preliminary step before requesting an indictment, possibly on murder and attempted murder charges. You want him? Try and take him.

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Europe

Soldier Investigated in Italian's Death

2005-12-22

ROME (AP) -- A U.S. soldier is being investigated for his alleged role in the March killing in Baghdad of an Italian secret service agent, who had just secured the release of a journalist held hostage, a prosecutor and news reports said Thursday. Note that it is Italian prosecutors doing the investigating, not Americans. So it don't mean squat Rome prosecutors are investigating the March 4 death of Nicola Calipari, who was killed by U.S. gunfire near a checkpoint as he headed to the Baghdad airport with Italian journalist Giuliana Sgrena, who was held hostage by militants for a month. Prosecutor Franco Ionta confirmed reports in Italian news agencies ANSA and Apcom that the soldier is being investigated, but he refused to discuss details. The reports said prosecutors are considering charging the soldier with murder. Lots of luck with that one Prosecutors did not identify the soldier, who is believed to be the only one to fire at the car. But, I thought the car was shredded by hundreds of bullets? That's what Giuliana said. According to Apcom, prosecutors also are considering attempted murder charges concerning the other two people in the car: Sgrena and a second secret service agent, who was driving. Both were wounded. The U.S. Embassy in Rome declined to identify the soldier or comment on the report. In Washington, U.S. State Department spokesman Sean McCormack said, "This was a tragic situation, but as far as we are concerned, the matter is closed." Rome and Washington issued separate reports on the killing, which has strained relations between the two countries. The Italian government report, issued in May, blamed U.S. military authorities for failing to signal there was a military checkpoint ahead on the road. It also contended that stress, inexperience and fatigue played a role in the shooting. The Americans insisted that the car, a rented Toyota Corolla, was going fast enough to alarm the soldiers. The Italians have said the vehicle was traveling slowly on the dark, rain-slicked road. Slow by Italian standards would be going like a bat out of hell by American Police and ballistic experts assigned by Rome prosecutors to examine the car have concluded the Toyota was traveling slower than the U.S. military claimed. However, they agreed with U.S. findings that only one soldier fired at the car. The shooting angered Italians, already largely opposed to the war in Iraq, and led many to step up calls for withdrawing the Italian contingent. Premier Silvio Berlusconi, who sent some 3,000 troops to Iraq after Saddam Hussein's ouster, insisted the incident would not affect troop levels or Italy's friendship with Washington. Berlusconi met with U.S. Ambassador Ronald Spogli on Thursday, but the Calipari shooting was not discussed, Foreign Minister Gianfranco Fini told Apcom.

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Fifth Column

US GI witness being "swiftboated."

2005-11-08

Just like I thought, it's lying Jimmy Massey Italian state TV reported this morning that the US used chemical weapons-- white phosphorus, which melts human flesh to the bones "I saw the burned bodies of women and children. The phosphorous explodes and forms a plume. Whoever is within a 150 metre radius has no hope," one former US GI, Jimmy Massey reports. Actual video clips (click image to fill screen) from the Italian Documentary, 'Fallujah - the hidden massacre' show charred remains of female victims and an interview with a former US GI. Just one GI "witness", whose lies were exposed the other day. I wondered why the MSM hadn't jumped on this "documentary". Now it's clear, they know he's a phoney The Italian Documentary reported, on Tuesday, November 8th, that white phosphorous is supposed to be used "to illuminate enemy emplacements" purposes, to light up the sky. This documentary claims the shells were fired indiscriminately and the documentary claims to show images of Americans strafing the city with phosphorus. Mohamad Tareq, a biologist who was in Fallujah, reported in the film, "A rain of fire fell on the city, the people struck by this multicolored substance started to burn. We found people dead with strange wounds, the bodies burned but the clothes intact." The documentary reports that Manifesto reporter Giulana Sgrena said, "I gathered accounts of the use of phosphorus and napalm from a few Fallujah refugees whom I met before being kidnapped," who was kidnapped in Fallujah last February, in a recorded interview. "I wanted to get the story out, but my kidnappers would not permit it." Yeah, right. The suppression of this story gets darker when one considers that Sgrena was wounded by American troops at the same time that Italian intelligence agent Nicola Calipari was killed by the US troops. The Italian people and government have opposed the war in Iraq. So, we tried to kill her to suppress the story? The film also reveals the use of a new kind of Napalm, called MK77, reporting that "The use of these incendiary substances on civilians is prohibited from the conventions of the UN since 1980." In the US, Massey, author of a book published in France, Kill, Kill, Kill is being Swift-boated by "fellow GIs and the mainstream media are reporting that he has never actually witnessed what he's reported. The mainstream media being in George Bush's pocket, don't ya know The US military has denied the accusations as "disinformation. Snicker, poor Italian tv, they didn't count on their star witness being proven as a lying fraud just before the video was shown.

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Iraq-Jordan

Iraq rebels treated in hostage deal-Italy Red Cross

2005-08-25

Looks like somebody's picked a side... ROME (Reuters) - The Italian Red Cross treated "four presumed Iraqi terrorists" at its Baghdad hospital in order to secure last year's release of two kidnapped Italian aid workers, a senior Red Cross official was quoted as saying on Thursday. Maurizio Scelli, the outgoing commissioner of the Italian Red Cross, said the deal to free the two Italian women, Simona Pari and Simona Torretta, was kept secret from U.S. officials."The mediators asked us to treat and save the lives of four presumed terrorists sought by the Americans, wounded in combat. We hid them and brought them to the doctors with the Red Cross, who operated on them," Scelli told La Stampa daily in an interview. So Maurizio, you kept them alive to probably kill even more people? Do you sleep well at night? Unfortunately, you probably do. "We also treated four of their children, sick with leukemia." Awwwwwwwww...I guess that makes it okay. Prime Minister Silvio Berlusconi's office, which has denied previous accusations it paid a ransom to win the aid workers' release, said on Thursday the Red Cross was independent and did not answer to the government."The government of the (Italian) Republic and its offices have never conditioned or influenced (Red Cross) operations which are carried out in full autonomy," a statement said. Cooperation between Italy and the United States had always been "close and reciprocal" in Iraq, it added. Scelli, who was present at the September 28 handover of the two aid workers, said he was deeply involved in negotiations to free the women. He told La Stampa the decision to hide details about the operation from U.S. officials was approved by Gianni Letta, Berlusconi's right-hand man. The Italian Red Cross better hope they don't need any favors over there anytime soon. "Keeping the Americans in the dark about our efforts to free the hostages was a non-negotiable condition to guarantee the safety of the hostages and ourselves," he said. Scelli said he had consulted at the time with Italian intelligence agent Nicola Calipari, who was shot dead in March this year by U.S. troops at a Baghdad checkpoint during a subsequent rescue operation for another Italian hostage. Well now. Doesn't this explain some things? Italy and the United States issued differing reports on Calipari's killing, with the U.S. military pinning much of the blame on the Italians, partly for failing to communicate that a rescue operation was underway. Looks like they may have been right maybe?

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