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Man with communication woes indicted for capital murder (may not be prosecuted)
Associated Press ^

Posted on 05/20/2005 10:44:42 AM PDT by FoxPro

JAMES CITY, Va. -- A jury indicted a deaf mute James City County man Thursday for the capital murder and rape of a 16-year-old girl, but communication problems could prevent him from being prosecuted.

Oswaldo Martinez is charged with killing and raping Brittany Binger in January. He also was indicted for robbery, because some of Binger's personal items were taken.

Martinez, an El Salvador native, has been described as illiterate and not speaking any language or using any formal sign language. At his first court appearance, his brother tried to communicate with him through hand gestures.

(Excerpt) Read more at dailypress.com ...


TOPICS: Crime/Corruption
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1 posted on 05/20/2005 10:44:43 AM PDT by FoxPro
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To: FoxPro

Why does he have constitutional rights? He's not a citizen.


2 posted on 05/20/2005 10:46:05 AM PDT by Pearls Before Swine
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To: FoxPro

Latin America's Best and the Brightest are here.


3 posted on 05/20/2005 10:46:31 AM PDT by Semper Paratus
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To: FoxPro
So...what happens to him, then? Does he just walk free to kill someone else?
4 posted on 05/20/2005 10:46:38 AM PDT by inquest (FTAA delenda est)
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To: FoxPro

Fry him, jeez another Illegal Alien, who cares if he can communicate, where he is going it will not matter!


5 posted on 05/20/2005 10:47:03 AM PDT by iopscusa (El Vaquero.)
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To: FoxPro
Heard this on the Grahm show this morning. This guy is an illegal alien that was pulled over for a DUI early last year. He clown had no id on him and his brother ended up driving out to him and dropping of his SS card. Clown then goes through all the motions of getting a DUI he showed up at court etc. A year later he rapes and murders a 16 year old and they find out he's an illegal and the SS card belongs to some white dude down in Texas.

I hope they run out a few politicians down there.
6 posted on 05/20/2005 10:47:29 AM PDT by tfecw (Vote Democrat, It's easier than working)
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To: inquest

"Does he just walk free to kill someone else?"

Good question. Maybe they'll just throw him out of the country, and maybe he'll just waltz back in. His alleged disbilities don't seem to interfere with his ability to cross the continent and commit mayhem.


7 posted on 05/20/2005 10:49:29 AM PDT by jocon307 (Irish grandmother rolls in grave, yet again.)
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To: FoxPro; eyespysomething
Martinez, an El Salvador native, has been described as illiterate and not speaking any language or using any formal sign language

Well then, by all means, smile, pat him on the back open up the door and show him the way out. Surely he can understand that simple enough sign language for "Welcome to America, where liberal judges and the ACLU have insured that criminals are more protected than victims. Have a nice time raping and murdering your next 16-year-old girl."

8 posted on 05/20/2005 10:52:26 AM PDT by SittinYonder (Tancredo and I wanna know what you believe)
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To: FoxPro
Tim Clancy, Martinez's defense attorney, has said he may argue that trying Martinez would deny him his constitutional right to due process because he could not communicate.

He understands murder, rape and theft....prosecute and fry him.

9 posted on 05/20/2005 10:52:46 AM PDT by afnamvet (31st Fighter Wing Tuy Hoa AB RVN 68-69 "Return with Honor")
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To: SittinYonder

I bet he knew what the girl's facial expressions meant.

I'm biting my tongue here.


10 posted on 05/20/2005 10:58:08 AM PDT by eyespysomething (It's too bad that stupidity isn't painful)
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To: FoxPro

We can communicate to him by showing him the middle finger as someone pulls the switch. Oh, wait. He probably doesn't understand French symbols.


11 posted on 05/20/2005 11:00:26 AM PDT by MeSpikeLibs
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To: Pearls Before Swine
"Why does he have constitutional rights? He's not a citizen."

If he's in this country, he has the same constitutional rights as anyone else, citizen or not. In cases such as this, where a defendant accused of murder is deemed unfit to stand trial, I believe that they'd be placed in an institution indefinitely, or at least until they're able (under the law) to be tried. Don't know what they'd do in this particular case. Hopefully, they'd deport him, at the very least.
12 posted on 05/20/2005 11:01:06 AM PDT by LIConFem (Mein Luftkissenboot ist mit Aalen voll.)
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To: Pearls Before Swine
"Martinez, an El Salvador native, has been described as illiterate and not speaking any language or using any formal sign language."

Just how did this creepy crawler get here in the first place. If his brother brought him then he should be charged as an accomplice.

13 posted on 05/20/2005 11:04:52 AM PDT by Desron13
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To: FoxPro
simple... you put the POS in jail, TEACH him sign language, in ENGLISH... then HANG his ass after the trial!!!
14 posted on 05/20/2005 11:05:59 AM PDT by Chode (American Hedonist ©®)
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To: inquest
Does he just walk free to kill someone else?

But he's just here to rape and kill the girls that Americans won't.

/S

15 posted on 05/20/2005 11:08:05 AM PDT by atomic_dog
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To: afnamvet

He understands how to drive a car. That's all I need to know about his "disability."

He understands plenty.


16 posted on 05/20/2005 11:13:38 AM PDT by OpusatFR (I live in a swamp and reuse, recycle, refurbish, grow my own, ride a bike and vote gop)
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To: FoxPro

Another case where the right of the accused triumph over justice for the victim. I see the bloody hand of the ACLU in this.


17 posted on 05/20/2005 11:18:23 AM PDT by Dionysius
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To: FoxPro
If the excuse is that his ears don't work balance that so that his deek doesn't work. Cut it off!!!!!!
18 posted on 05/20/2005 11:33:26 AM PDT by jec41 (Screaming Eagle)
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To: FoxPro
U.S. law does not allow states to try defendants who can't participate in their own defense.

U.S. law is an ASS!

19 posted on 05/20/2005 11:37:08 AM PDT by layman (Card Carrying Infidel)
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To: OpusatFR

show him a noose and I'll bet he'll find religion and
his voice.


20 posted on 05/20/2005 11:41:26 AM PDT by Rakkasan1 (The MRS wanted to go to an expensive place to eat so I took her to the gas station.)
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