Posted on 02/18/2005 4:35:19 PM PST by csvset
James City County Officials Make Arrest in Murder of 16-Year Old
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| Oswaldo Elias Martinez |
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Britney Binger |
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James City County officials have made an arrest in the murder of 16-year old Britney Binger.
It was January 3rd when authorities say they received an anonymous call around 5:20am alerting them to the body in the 9000 block of Pocahontas Trail in the Whispering Pines mobile home park.
Police say Binger was so badly beaten they sent dental records to Richmond to help with her identification.
Officials say a positive DNA test result led them to 34-year old Oswaldo Elias Martinez. Martinez was arrested Thursday afternoon. He is charged with capitol murder, rape and sodomy.
According to police, Martinez lived with relatives in a trailer in the Windy Hill Mobile Home Park - the same trailer park where Binger lived.
Police believe Binger was attacked on the night of January 2nd as she was walking between the Windy Hill and Whispering Pines mobile home parks.
Martinez is being held at the Peninsula Regional Jail without bond.
Police say they questioned Martinez the same day Binger's body was found. According to authorities, he has been "a person of interest" since the investigation began.
The Immigration and Naturalization service has been contacted to determine if Martinez was in the U.S. legally. Officials say they have been unable to find any record of Martinez's entry into the U.S.
Martinez, from El Salvador, does not speak English and is hearing impaired.
You'll need Real Player to view this video clip. 
Or is he? Here's a link to from another source that says otherwise.
Suspect in JCC killing has court hearing
The man suspected of raping and murdering a 16-year-old James City girl claims he is deaf and mute. However, during his arrest last year on a DUI charge, court records show that Oswaldo Elias Martinez told officers he had had three beers.
Damn, if he was arrested last year and if he is an illegal*, (*still some question if he is or isn't) why wasn't he deported?
CRIMINAL INVADER doing the rape and murder.
You have a great idea Tannerone!
When elected/appointed officials commit such egregious acts they should be sued by the locals.
It would probably take several individuals in the local jurisdiction to each initiate a suit against one or more officials.
"...unable to find any record of Martinez's entry into the U.S.,...."
Let's hope there will soon be a record of his permanent departure from the planet.
10:38 AM EDT on Monday, July 18, 2005
WILLIAMSBURG, Va. (AP) -- A court hearing is scheduled next month to determine whether a deaf, mute and illiterate man is competent to stand trial on a capital murder charge for the slaying of a teenage girl.
From JCC Sheriff
Oswaldo Elias Martinez
Oswaldo Martinez, an illegal immigrant from El Salvador, was indicted in May on charges of raping and killing Brittany Binger, who was 16.
In February, police arrested Martinez, 34, after police learned that DNA from the semen on Binger's body matched DNA swabbed from Martinez's cheek. Authorities think the attack happened one day after New Year's Day.
Martinez's DNA was found under the teenager's fingernails, apparently from fending off an attack, police have said.
James City Police Maj. Stan Stout said evidence shows Martinez grabbed Brittany from behind, covering her mouth with one hand while cutting off her air supply with the other. Then he sexually assaulted her, left her for dead and walked off with some of her valuables, Stout said.
Beau Webb, one of Martinez's defense attorneys, said he thinks a trial is out of the question for at least a few years because of his client's inability to communicate and assist in his defense, as required by law.
"We're dealing with a guy who doesn't have any base of linguistics. He doesn't have a grammar system -- it's like teaching a baby," Webb told the Daily Press of Newport News.
University of Virginia School of Law professor Anne Coughlin said a judge presiding over a capital murder trial for Martinez would have a difficult job balancing the community's right to have justice served with Martinez's right to due process.
Family photo
Brittany Binger was found dead on January 3.
binger"We lock people up, but we tell them why," Coughlin said. "He doesn't know what's going to happen to him or when."
Martinez's right to a fair trial requires communication ability beyond his being able to say when or where something happened, Coughlin said. He must be capable of understanding the advantages and disadvantages of entering a guilty plea, for example.
Martinez, who lacks formal sign language skills, is being held at Central State Hospital. Webb said he is hopeful Martinez will be sent to Western State Hospital, where he can get intensive daily sign language instruction.
Under state law, capital murder defendants who are judged incompetent to stand trial remain institutionalized undergoing treatment for their condition. If it appears competency can't be restored soon, hearings continue every six months to assess the defendant's competency level and whether the treatment they're receiving is adequate.
A court hearing on Martinez's competency is scheduled Aug. 9 in Williamsburg-James City County Circuit Court.
Raped and murdered by one of the invading hoard.
James City County? My God. I used to walk around there with no care in the world. Has the illegal situation gotten so bad that there are guys like this in James City? Hispanics have a huge presence in Northern Virginia but I never expected to read about this down in the Tidewater area.
Speaking of Tidewater, Daryl Atkins is in the news again.
His case changed execution laws; now mental ability is on trial
Thanks. I have great respect for President Bush and voted for him twice but this blindspot he has when it comes to the invasion infuriates me.
I know you enjoy a "good" inmmigration story.
You can post this stuff all day.
Yes, he was locked up for DUI, and told the cops he'd had three beers. Now that his a** is on the line for rape & murder, he's deaf, dumb and blind!
ping
Ah, once again, "experts" do their best to enable criminals to get away with murder. Give me five minutes with the SOB, he'd be speaking loud and clear.
Bah, the formatting looked ok in preview. Anyways, another illegal murdering bastard scams the system.
I find it hard to believe that he is deaf and mute. He must have been able to use some form of communication all these years. Anyone can pretend to be both.
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