Top state court rejects appeal of deaf, mute defendant

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RICHMOND, Va. (AP) — Virginia’s top court says it doesn’t have jurisdiction in the appeal of a deaf and mute man who has been confined for 13 years despite never having stood trial for the 2005 slaying he is charged with.

Forty-three-year-old Oswaldo Elias Martinez has been repeatedly found not competent to stand trial on charges that he raped and murdered 16-year-old Brittany Binger. The Richmond Times-Dispatch reports that lack of a trial figured into the Virginia Supreme Court’s Thursday ruling.

The unanimous ruling sent the case to circuit court because there’s never been a conviction in the criminal case.

Martinez had challenged his continued confinement. Commonwealth’s Attorney Nate Green has said someone “unrestorably incompetent” who’s charged with capital murder and poses a danger must continue along the restoration process.

Martinez’s lawyer didn’t respond to the newspaper’s request for comment.

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Information from: Richmond Times-Dispatch, http://www.richmond.com

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Top state court rejects appeal of deaf, mute defendant

world news, trump, u.s., business news, stock market, entertainment news, business news, company news, market, commodities, commodity, Africa news

RICHMOND, Va. (AP) — Virginia’s top court says it doesn’t have jurisdiction in the appeal of a deaf and mute man who has been confined for 13 years despite never having stood trial for the 2005 slaying he is charged with.

Forty-three-year-old Oswaldo Elias Martinez has been repeatedly found not competent to stand trial on charges that he raped and murdered 16-year-old Brittany Binger. The Richmond Times-Dispatch reports that lack of a trial figured into the Virginia Supreme Court’s Thursday ruling.

The unanimous ruling sent the case to circuit court because there’s never been a conviction in the criminal case.

Martinez had challenged his continued confinement. Commonwealth’s Attorney Nate Green has said someone “unrestorably incompetent” who’s charged with capital murder and poses a danger must continue along the restoration process.

Martinez’s lawyer didn’t respond to the newspaper’s request for comment.

___

Information from: Richmond Times-Dispatch, http://www.richmond.com

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AP 49973 Posts

Associated Press (AP) is an American multinational nonprofit news agency headquartered in New York City that operates as a cooperative, unincorporated association.

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