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  1. #1
    Join Date
    Jul 2004

    VA - Brittany Binger, 16, raped & murdered, James City County, 2 Jan 2005

    Oswaldo Martinez's disabilities may save his life.

    In February the illegal immigrant from El Salvador was charged with raping and killing a 16-year-old James City County girl. But a few days ago, one of Martinez's defense attorneys, Beau Webb, learned that medical experts for both the defense and the prosecution have determined he's incompetent to stand trial because of severe hearing impairments and an inability to communicate.

    Webb thinks a trial is probably out of the question for at least a few years.

    Martinez is deaf, mute, illiterate and knows no formal sign language. He's being held at Central State Hospital, and Webb thinks he'll end up at Western State Hospital, where he can get intensive daily sign language instruction.
    Just when I think that I have seen the most depraved things a human can do to another human, somebody posts a new story...........

    Why is it that when a custodial parent fails to provide for a child it is called neglect and is a criminal matter. But when a non custodial parent fails to provide it is called failure to support and is a civil matter?

    "Just when the caterpillar thought its world was over, it became a butterfly" ~ Michelle Knight

  2. #2
    Join Date
    Apr 2013

    A ruling gauging the potential risk and need for further treatment of a man accused in the 2005 robbery, rape and slaying of a 16-year-old girl will determine whether he walks free or remains in a state hospital indefinitely.

    Bounced between state hospitals and jail since he was arrested in 2005, 42-year-old Oswaldo Martinez was deemed incompetent to stand trial and unlikely to ever be restored to competency at a hearing in September 2013. The ruling was based on his inability to communicate and assist in his defense. Commonwealth attorney Nate Green began arguing against release Monday morning, but proceedings were suspended to allow the defense time to summon an expert.

    It's unlikely a ruling will be made before the new year.
    The 16-year-old girl's name was Brittany Binger.


    She was a slender, pretty girl, sentimental by nature, tough by necessity. Her life had been 16 years of bad road. A high school dropout, daughter of a bulldozer operator and a mini-mart clerk, she was an orphan of divorce, estranged from her father, out of touch with her mother. Her dreams were simple, her friends said. She wanted a steady job and a stable home...

    Now, in jeans and white sneakers, she walked in the dark past the bar and the mini-mart. She made it only a few hundred yards farther, to a swath of grass at the Whispering Pines entrance. And as she lay there dead that night, no one missed her; the friend didn't know she was coming.

    A newspaper carrier found her two hours before dawn Monday. She was on her back, legs together, arms outstretched -- "a crucifix position," police called it. Her sneakers were off and her jacket was unsnapped. Her T-shirt was hiked up and her jeans were yanked down. An autopsy confirmed that she had been raped.

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