ROME (AP)- A court on Thursday threw out the case against a U.S. soldier charged in the 2005 shooting of an Italian intelligence agent in Iraq, a killing that infuriated Italians and soured relations with Washington.The court agreed with the defense argument that Italy had no jurisdiction in the case of Spc. Mario Lozano, a member of the New York-based 69th Infantry Regiment on trial in absentia on charges of murder and attempted murder for the shooting of Nicola Calipari, hailed as a hero by Italians for his role in the rescue of a kidnapped Italian journalist.Prosecutor Pietro Saviotti said he would decide whether to appeal the ruling after the judges make public their reasoning within 60 days.Calipari was shot on March 4, 2005, at a checkpoint near Baghdad airport shortly after securing the release of reporter Giuliana Sgrena.Sgrena, a reporter for the newspaper Il Manifesto, was seized by gunmen in Baghdad in February 2005. She has said Calipari died trying to shield her body from the bullets.Sgrena and another agent, who was driving the car, were wounded.”We’ve given up trying to find the truth about what happened to Nicola Calipari,” Sgrena told reporters at the courthouse on the capital’s outskirts. “The arrogance of America, which never wanted this trial, has won.”Calipari’s widow, Rosa, told the ANSA news agency that “they have killed Nicola for a second time.”Lozano, 38, has always denied wrongdoing, saying he had no choice but to fire. He has told U.S. media that he flashed a warning light signaling the vehicle to stop and that he shot first at the ground, and then at the car’s engine.A message left on Lozano’s cell phone was not immediately returned.Italy has not sought Lozano’s extradition, but the Pentagon has indicated that he would not be extradited anyway, saying it considered the incident a “closed matter.”In Washington, Pentagon spokesman Bryan Whitman said he welcomed the ruling.He noted that a U.S. military investigation in spring 2005 found “it was a very tragic accident,” and there was no reason to pursue legal action against the soldier.”We determined it to be an unfortunate accident,” Whitman said.Lozano had a court-appointed lawyer but the soldier, who appeared eager to clear his name, hired his own attorneys in New York and Italy as the case went to trial.His lawyers argued that Italy had no jurisdiction because members of multinational forces operating in Iraq are under the “exclusive jurisdiction” of the country that sent them.”It’s the end of a nightmare for him,” said lawyer Alberto Biffani. “There were a lot of reasons for this case to be decided as it was.”U.S. authorities have said the vehicle carrying Sgrena was traveling fast, alarming soldiers who feared an insurgent attack. Italian officials said the car was traveling at normal speed and accused the U.S. military of failing to signal there was a checkpoint.The trial opened in April.
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Court throws out case against US soldier charged with 2005 killing of Italian in Iraq
October 24, 2007
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