December 23, 2005     
latimes.com : World News

Italy May Charge U.S. Soldier
# Rome's inquiry into the shooting death of one of its agents in Iraq 
focuses on a guardsman cleared of wrongdoing by his own government.

By Tracy Wilkinson, Times Staff Writer

ROME — Italian prosecutors are investigating whether to charge a U.S. 
soldier with homicide in the shooting of a senior Italian intelligence 
agent who was escorting a kidnap victim to safety in Iraq, officials said 
Thursday.

The criminal investigation has been in progress for several months but on 
Thursday narrowed its focus to the single soldier believed to have fired 
all of the shots on the Italians' car as it approached a Baghdad 
checkpoint, officials said.

In the March 4 incident, the Italian intelligence agent was killed and the 
freed hostage, an Italian journalist, was wounded. The shooting has become 
a major point of contention between Washington and Rome, one of a handful 
of governments in Europe to support the U.S. war in Iraq.

Italians were angered by the killing of Nicola Calipari, a well-respected 
major general in the military intelligence service. Thousands of people 
attended his funeral in Rome, where he was accorded top state honors and 
lauded as a national hero.

Italy and the United States launched a joint investigation into the 
nighttime shooting, but the two governments came away with very different 
conclusions. The U.S. Army cleared its soldiers of any wrongdoing and 
blamed the Italians for driving too fast on a dangerous road to the Baghdad 
airport and for failing to heed the soldiers' warnings to slow down.

But Italian investigators, relying on testimony from the Italian 
intelligence agent driving the car and the journalist, Giuliana Sgrena, 
concluded that the vehicle had not been speeding and that U.S. troops had 
not issued any warnings. The Italians blamed jittery American soldiers, on 
one of their first days in Iraq, and said that the erection of an impromptu 
checkpoint led to a fatal series of errors.

With U.S. officials choosing to take no disciplinary action against the 
soldiers, Italian prosecutors almost immediately launched a separate 
investigation. On Thursday, they narrowed their inquiry to the soldier who 
fired the fatal shots. He was identified in Italian court documents as Spc. 
Mario Lozano of the Army's New York National Guard.

U.S. officials have refused to identify the soldier publicly, citing 
privacy issues.

The Italian investigation does not mean Lozano will be indicted, but it is 
a necessary step before further judicial action can be taken. Authorities 
are considering a charge of "voluntary homicide," roughly equivalent to a 
voluntary manslaughter charge under the U.S. legal system.

"The Italian judiciary has demonstrated its independence, autonomy and 
capacity for investigation, even as the Americans have refused to respond 
to our queries," lead prosecutor Franco Ionta told reporters.

The Calipari case was one of a number of episodes this year that have posed 
problems for Prime Minister Silvio Berlusconi, who considers himself 
President Bush's best ally in continental Europe. The Berlusconi government 
maintains nearly 3,000 troops in Iraq despite widespread domestic 
opposition to the war.

In addition to the killing of Calipari, the alleged abduction by CIA 
operatives of a radical imam from the streets of Milan and use of air bases 
in Italy for such "extraordinary renditions" have proved problematic for 
Berlusconi. The Italian leader has repeatedly denied knowledge of these 
operations, but many Italians do not believe him.

Berlusconi has sought to hold the United States responsible for the 
Calipari killing but said the incident should not damage relations between 
the two governments.

The U.S. Embassy in Rome said Thursday that it was aware of the latest 
reports on the Calipari investigation but declined to comment further.

U.S. Ambassador Ronald P. Spogli met with Berlusconi on Thursday, but the 
Calipari case was not raised, an embassy spokesman and a senior Italian 
Foreign Ministry official said.

In Washington, State Department spokesman Sean McCormack was asked about 
the new phase in the Calipari investigation. "This was a tragic situation," 
he said, "but as far as we are concerned, the matter is closed."



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