UB LAW ALUMNI PURSUE JUSTICE IN IRAQ

3 in Guard unit, Army lawyer serve as legal officers

By Stephen T. Watson

The Buffalo News/ May 9, 2005

The photo was taken at Camp Buehring, Kuwait in January of 2005. Camp Buehring served as a staging area before we crossed into Iraq. We are all Assistant Staff Judge Advocates (JAGSs) for the Army doing various types of military legal work, and proudly all UB Law graduates . Although not in the photograph, Lieutenant Colonel Robert C. Moscati (class of 1984) is also with us here in Iraq. He is serving as the Division Staff Judge Advocate for the 42nd Infantry Division (Mechanized). -- David J. State

Forward Operating Base Danger occupies the grounds of one of Saddam Hussein's opulent presidential compounds in the Iraqi city of Tikrit - 6,070 miles and a world away from O'Brian Hall, home to the University at Buffalo Law School on its North Campus in Amherst.

But for Capt. David J. State, Lt. Col. Robert C. Moscati and Capt. Christopher Wisniewski, the two structures are closely connected.

The three men - all graduates of UB Law School - are assigned to the Tikrit base as lawyers in the Army's Judge Advocate General Corps.

"I think (UB) and the Buffalo community should be very proud of the contribution their graduates and citizens are making in Iraq. I think it is fair to say that Western New York is doing more than its share," Moscati, an assistant U.S. attorney, wrote in an e-mail.

The officers have left their families and legal careers to serve their country.

But the three - with Capt. Christopher Glascott, a UB alumnus stationed at another base in Iraq - downplayed their sacrifice.

"The deployment has given me a greater appreciation for the men and women (who) have served our country and the family members that have supported them. I have more direction on what my priorities in life should be," said State, who, like Moscati and Glascott, answered e-mailed questions. Wisniewski was interviewed while home recovering from a training injury.

State, Moscati and Wisniewski work in the close-knit area legal community. The Erie County Bar Association recently gave them its Liberty Bell Award.

The three, members of the Army National Guard's 42nd Infantry Division, learned in February 2004 their unit would be activated.

"It was a stressful time for my family," State said, referring to wife, Karen, and daughters Lauren, 4, and Lily, 18 months.

The 42-year-old South Buffalo resident, a 1991 graduate of UB Law School, is senior deputy corporation counsel for the City of Buffalo. He joined the National Guard in 1998.

Moscati, 45, a Niagara Falls native, lives in Amherst and previously served in the regular Army. The 1984 UB law graduate left behind his wife, Barbara, and their three children: Derek, 20; Justin, 19; and Alex, 17.

Wisniewski, 30, a Connecticut native and Williamsville resident, graduated from UB in 2002. The federal law enforcement agent previously served in the Air Force Reserve and the Air Force National Guard. He joined the Army National Guard unit just weeks before learning it would go to Iraq.

Glascott is in the active-duty Army, serving since last June in the 3rd Infantry Division based at Fort Stewart in Georgia. He grew up in Depew and West Seneca, and graduated from UB Law School in 2003.

State, Moscati and Wisniewski now work at FOB Danger, along the Tigris River and walled off from the rest of Tikrit.

Conditions in the facility are comfortable but spartan.

Moscati and the other National Guard officers said they work 12- or 14-hour shifts six days a week, but they do try to keep in touch with family and friends by e-mail and phone calls.

Moscati is the staff judge advocate - the senior legal officer - for the 42nd Infantry Division, overseeing a staff of 35. He also is the personal legal adviser to the division's top general.

State, an Army prosecutor, represents the government in courts martial at the base. He also has taught human rights classes to Iraqi army trainees.

Wisniewski advises soldiers who need legal help on civil matters, such as writing a will or responding to a spouse back home who wants a divorce.

Based at Camp Liberty, near the Baghdad airport, Glascott handles legal claims filed by Iraqi citizens seeking restitution for property damage or injuries caused by American military forces. "The claims job is very up close and personal, and you end up hearing a lot of stories from claimants. Some are quite sad," Glascott said.

The four men said they don't face the same dangers as front-line soldiers, but must stay alert in case of mortar or rocket attacks, car bombs or snipers. Some would not talk about those dangers for fear of upsetting their families.

Wisniewski was injured while lifting weights at the base.

On a medical flight to Germany, Wisniewski saw a soldier who had been severely wounded in combat, with burns on his face and hands. "It made me realize how lucky I was," he said.

Wisniewski is receiving physical therapy after surgery on a torn pectoral muscle, but plans to return to his unit by July.

At the April 26 bar association ceremony, Wisniewski, Moscati and State - along with Maj. William D. Broderick Jr., a local attorney with the Town of Tonawanda-based 402nd Civil Affairs Battalion of the Army Reserve - received the Liberty Bell Award.

State and Moscati participated through a video feed.

All of the men are looking forward to coming home for good. The officers received 18-month orders, but they could have to serve up to two years.

State said the first thing he will do upon arriving home is hug and kiss his wife and daughters. Moscati echoed that thought and threw in a request for pizza and a pint of Sam Adams.

"I'm going to straight to Mighty Taco," Glascott said.