Posted on 04/06/2006 5:17:27 AM PDT by csvset
Edited on 04/06/2006 5:27:23 AM PDT by Admin Moderator. [history]
The deaf-mute man charged last year with killing and raping a 16-year-old James City girl may never gain the needed language skills to face trial.
Authorities say Martinez, an illegal immigrant from El Salvador, sexually assaulted Brittany Binger in January 2005 after grabbing her from behind and cutting off her air supply. Police found the girl's body under a tree near Whispering Pines Mobile Home Court, not far from the tool shed where Martinez lived.
(Excerpt) Read more at dailypress.com ...
What the SOB does understand is that Virginia has the death penalty.
Put him in the HOV lane to the electric chair
Ping to another problem with our laws concerning illegal aliens.
Get a rope.
Throw him into the recycling bin.
none of this would have happened if the cops weren't racist...
I thought all the illegal immigrants were here to work?
And the beat goes on...and on and on and on.
A guy I know who is an EMT told me once that all these guys understand and speak English perfertly fluently.... until a police officer arrives on the scene. Then it's translator time.
If you can vote in your own language here, you sure as heck can face a jury. imho
Kill him for being a rapist. If he survives that, kill him for being an illegal alien (non-uniformed enemy combatant)
He's an illegal alien rapist murderer. But he's a hard worker, and we need more cultural diversity. We really need to get off our high horse already.
And it was an illegal intruder from El Salvador who raped and killed, 18 year-old Jenny Garcia, in San Antonio, Texas in 2004. The killer, who had previously molested two children, which was known by the authorities was freed, and thereby allowed to continue in his perverted ways simply because the San Antonio Police chose to pretend they didn't have a clue about anything...
working on instincts
"If he survives that..."
Not if I had anything to do with it.
Psychologist: Virginia deaf, mute suspect not ready for trial
Oswaldo Martinez |
|
Britanny Binger |
WILLIAMSBURG, Va. (AP) -- A man who is deaf and mute remains incompetent to stand trial on charges he raped and killed a teenager, his psychologist testified.
Oswaldo Martinez, 35, an illegal immigrant from El Salvador, is undergoing treatment in Western State Hospital to help him understand the charges. Part of his treatment involves watching the television show "Law and Order," which is interpreted through sign language.
"They've been working on guilt and innocence, having him form an opinion about a given character on the show," psychologist Barbara Haskins said Wednesday in Williamsburg-James City County Circuit Court. "He's making great progress, but he is not at the level of competency."
Haskins said Martinez still doesn't know he could face execution if convicted in the January 2005 slaying of Brittany Binger, who was 16.
Circuit Judge Samuel Powell scheduled Martinez's next hearing for May 21.
When he was arrested, Martinez had no communication skills, except for a few primitive hand signals.
Martinez's DNA was found under the teenager's fingernails, apparently from fending off an attack, police have said.
Martinez was charged in February 2005 with capital murder, rape and sodomy several weeks after Binger's body was found near an abandoned shed where Martinez had lived.
Defense lawyers have said in the past a trial is unlikely for at least a few years because Martinez's inability to communicate and assist in his defense, as required by law.
------
Information from: Daily Press, http://www.dailypress.com
The latest bullshi* that the bastard has gotten away with.
Deaf, mute suspect transferred following sign language lessons
Williamsburg, VA - A judge on Monday ordered a deaf and mute illegal immigrant charged with raping and killing a teenager transferred from a hospital where he has been learning sign language for two years to a jail so he can prepare his defense.
Oswaldo Martinez, 36, of El Salvador, was charged in the January 2005 slaying of 16-year-old Brittany Binger. He was found incompetent to stand trial in September 2005 because of his language deficiencies and inability to communicate with his attorneys; when he was arrested, Martinez had no communication skills except for a few primitive hand signals.
Martinez' case is reviewed every six months, and he was found incompetent each of the three times he came before the court. His case is up for review again in November.
Martinez was ordered to undergo sign language therapy at Western State Hospital in Staunton in an effort to allow him to understand the charges against him and assist in his defense. Part of his treatment involved watching the television show "Law and Order," which is interpreted through sign language.
On Monday, Circuit Judge Samuel Powell ordered Martinez transferred to Virginia Peninsula Regional Jail so that he can have more contact with his attorneys, Timothy Clancy and Edward Webb. Powell also appointed a sign-language interpreter to work with Martinez and his attorneys.
"Western State was tasked with teaching him sign language _ they have done that," Williamsburg-James City County Assistant Commonwealth's Attorney Nate Green said. "They have given him communication skills. Anybody that knows sign language can communicate with Mr. Martinez."
Martinez is charged with rape, murder, sodomy and robbery in connection with Binger's death. Investigators believe the teen was jumped from behind near the entrance to a mobile home park on Jan. 2, 2005, then raped and killed.
Binger's body was found near an abandoned shed where Martinez had lived. Martinez' DNA was found under the teenager's fingernails, police have said.
If convicted, Martinez could face the death penalty.
He's still full of sh**.
Link due to request.
Deaf man charged in rape, slaying of James City teen makes progress with communication
Excerpt Required
Peter Dujardin Staff writer
14-17 minutes Its been more than 13 years since Oswaldo Elias Martinez was charged in a brutal rape and slaying in James City County.
Martinez a deaf and mute immigrant from El Salvador was charged with capital murder and other crimes after 16-year-old Brittany Binger was found dead near the entrance to a trailer park outside Williamsburg in January 2005.
Hes been in custody without trial since his arrest a month later, and is currently being held at Central State Hospital, a secure hospital in Petersburg.
And this week, the Virginia Supreme Court will hear arguments to help the justices decide his fate in a case that has vexed judges, attorneys and medical experts for more than a decade.
Martinez, now 47, has never been deemed competent to stand trial the legal term for being able to understand the case against him and assist in his own defense. Aside from being deaf and mute, Martinez also cant read and write.
+4 Oswaldo Martinez Virginia Peninsula Regional Jail Oswaldo Martinez in 2014.
L. Steven Emmert, a Virginia Beach attorney and expert on appellate procedures, said the case presents some fascinating issues.
Somebody accused of a horrifying crime who may never be capable of standing trial, and yet the question becomes: Must he also be held in custody? Emmert said. How do you classify somebody in this situation? Its a debilitating condition like blindness, but its not a disease, and its not a mental illness. Does the law have a category for this man?
Experts from both sides say Martinez made only marginal progress on learning sign language to allow him to communicate and stopped making any progress at all about nine years ago.
One big issue: Martinez never had a first language such as English or Spanish that uses rules of grammar which can be applied to sign language. Trying to teach Martinez sign language is so difficult, one expert said, because teachers are trying to create something that never existed.
His sign language vocabulary is equivalent to someone 4 years and 8 months old, one expert opined.
At every six-month review in recent years, the conclusion about Martinez has always been the same: No progress.
A Williamsburg Circuit Court judge ruled in 2013 that Martinezs competency was unrestorable, and he would likely remain that way for the foreseeable future.
Now, Martinezs attorneys, Timothy Clancy and Lisa Mallory, are asking the Virginia Supreme Court to toss the 13-year-old case, saying theres no legal basis to keep holding him.
The Virginia Attorney Generals Office, for its part, wants Martinez to stay at Central State indefinitely, saying theres no limit under the law for how long he can be there.
The seven-member high court will hear arguments Wednesday. If the indictments are dismissed, Martinez will not be released to the streets, but to the custody of the U.S. Bureau of Immigration and Customs and Enforcement (ICE). The agency has a detainer on him to get him deported on the basis of being in the country illegally.
Brutal murder
+4 Brittany Binger memorial Kenneth Silver | Staff photographer
A memorial for Brittany Binger, seen days after her death in January 2005, at the entrance to the Whispering Pines Mobile Home Court in James City County.
Bingers body was found in the morning hours of Jan. 3 near the entrance to the Whispering Pines mobile home park, off Pocahontas Trail. Thats down the street from the trailer park where Binger lived with her friend and the friends family, and where she had left on foot at about 7:30 the night before.
Police said Martinez strangled and raped the teen, with the state medical examiner determining the cause of Bingers death as suffocation and asphyxiation.
Martinez was an undocumented immigrant who lived just a few blocks away, in a small 6-foot by 8-foot shed attached to his brother's mobile home and equipped with a cot, shower, TV and other amenities.
Tracking dogs led investigators to a cooler at a nearby gas station, where Martinez was seen on surveillance footage buying a strawberry fruit drink the same kind as the empty bottle found at the crime scene.
+4 Brittany Binger James City County Schools Brittany Binger
A link was made between DNA found on the bottle and semen found inside Bingers body. After Martinezs arrest in February 2005, prosecutors said a swab collected from Martinezs cheek was also a match.
A long way to trial
Though he made some marginal progress on learning sign language between his arrest and 2009, court records say, Martinez has since plateaued.
When a judge ruled him unrestorably incompetent in 2013, it was also clear that Martinez didnt meet the standards to be involuntarily committed to a state hospital either as a violent sex offender (because theres been no conviction) or from a severe intellectual disability or major psychiatric condition.
When a judge rules someones competency unrestorable, the felony charges are automatically dismissed if its been at least five years since the arrest. (Martinezs robbery, rape and sodomy charges were tossed in 2014.)
But the legislature carved out a special exception for capital murder.
Those defendants can be ordered to get continued treatment for six-month periods without limitation, so long as the court finds the continued treatment to be medically appropriate, and the defendant is a danger to himself or others.
In 2016, Martinezs lawyers argued in Circuit Court that the statute is being misapplied and that his constitutional rights to due process, equal protection and a speedy trial were being violated.
Theyre now taking their argument on the statute to the Virginia Supreme Court. They contend that teaching a defendant sign language is not medical in nature at all and cant meet the definition of medically appropriate.
The legislature never envisioned a situation where an individual would be declared incompetent to stand trial in which the person did not have a mental disease or defect necessitating psychiatric treatment, Martinezs appeal said.
The law doesnt apply, his lawyers say, to a language barrier caused by deafness" and a failure to learn sign language as a boy.
But the Attorney Generals Office says the law doesnt require that such treatment be medical in nature just that it not be medically inappropriate.
The provision guards against continuing treatment that poses unacceptable risk of harm to the defendant, the AGs office said. No evidence suggests that continued treatment poses any risk of harm to Martinez.
By that logic, Emmert said, even teaching someone to juggle is allowable treatment under the law because its not medically inappropriate.
Williamsburg-James City County Commonwealths Attorney Nate Green said Martinez is getting other restoration treatment at Central State, even as his lawyers say sign language teaching is no longer being done.
Some examples of broad efforts being done there, Green said, include getting people on the right medication, teaching people on the court process and any number of things.
Susan Schaller, of Berkeley, Calif., wrote A Man Without Words, a 1991 book about teaching sign language to a 27-year-old deaf man. The book challenges the general assumption that humans cant learn language after a certain age.
One big question she has: Were Martinezs teachers deaf themselves?
I have seen many times a language-less deaf person learn language when they are around or immersed in a deaf group or able to have a deaf teacher, Schaller wrote in an email. A person born deaf uses more of the brain the cerebral cortex for visual information processing than we hearing people. If he has not had a deaf teacher/interpreter, then he has not been given a fair chance.
Martinezs attorney, Clancy, said his client had immersion with other deaf inmates over the years, including at Western State Hospital in Staunton. But the lawyer wasnt sure if the sign language teachers were deaf, too. Death penalty out
+4 Oswaldo Martinez
James City County Police Department
Oswaldo Elias Martinez is accused of beating, raping and murdering Brittany Binger, 16, on Jan. 2, 2005.
Green said he would like nothing more than to prosecute the crime and bring closure to Brittany Bingers family. I would love for this case to go to trial, he said. I would love to bring justice to this community and to Mr. Martinez. Nothing would please me more than if we could actually go to trial and present this evidence rather than remain in this limbo.
In June 2010, Green announced he would not seek the death penalty against Martinez if hes convicted of capital murder.
We made the determination that while the evidence was strong as to Mr. Martinezs guilt, it would be a difficult case to make as far as capital, he said. Martinez didnt have a prior criminal record, Green said, and the case might not have lined up with the vileness of some other capital crimes.
But it was also a strategic decision, too: Green wanted those trying to restore Martinez to actually teach him the sign language he needed. Knowing that an execution awaited the man they were helping, Green said, might have been counterproductive to that goal.
Some people may not have the stomach ... if they know that we are working to help this guy become competent so the state can kill him, Green said.
Green said he talked with Bingers family about taking death off the table. I dont want to speak for them, but I will tell you that we did discuss it with them, he said.
Bingers father, James Binger, 54, of James City, couldnt be reached for comment for this story, including a request made through Green. Martinezs brother, Santiago Martinez, also could not be reached.
Competence vs. insanity
Courts have held that criminal defendants can only get fair trials if theyre competent enough to understand whats happening.
In Dusky v. United States, a landmark 1960 U.S. Supreme Court decision, the high court said defendants cant just be reoriented to time and place and have some recollection of events.
The test, the court ruled, must be whether a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him.
Competence is separate from a defendants sanity at the time of the crime.
Someone can be declared insane and therefore not legally responsible for a criminal act if they were suffering from a significant psychiatric mental illness at the time of the crime. Though Martinez appears to only have a rudimentary understanding of the case and cant communicate, his sanity at the time of the crime is not questioned. A right to appeal?
A big issue thats expected to also be addressed Wednesday is whether the Virginia Supreme Court has the jurisdiction to hear the case at all.
Typically if a dispute is civil in nature, appeals are to the state Supreme Court. But if its criminal, it first goes to the Virginia Court of Appeals. And except in certain circumstances, cases cant be appealed unless a lower court judge has made a final ruling in the case.
A lower court judge ruled a year ago that the dispute over Martinezs holding is a civil one separate from his criminal case that can be appealed to the Supreme Court. But the attorney general says the judge got it wrong, that its not a final ruling, and theres actually no right under the statute for Martinez to appeal to anyone.
Emmert said its a close enough call, and he could see the high court going either way.
Even if the court rules against Martinez, he won't be out of legal options. He could still file a writ of habeas corpus, asking a state or federal court to rule hes being held illegally.
But for now, Emmert said, the question before the Supreme Court is, Are they going to allow somebody to be held, theoretically forever, with no opportunity to secure appellate review of his custody?
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