MISTRIAL AZ - Joshua Eberle-Martinson, 5, found dead in dad's Phoenix apt, 29 Aug 2004

"It was a big yellow, which was his favorite color, and gray adult backpack, but it was the one he wanted and it was about as big as he was and it had long cord that hung down and he would swing them around," said Eberle.

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Closing arguments in the first degree murder trial of Jeffrey Martinson left jurors wondering if the state had proven without reasonable doubt that carisoprodol toxicity was the cause of Joshua Eberle-Martinson's death in 2004...

Grimsman said that Martinson's grief response of not calling 911 and not doing CPR, even though he had been certified for 18 years, and then attempting suicide was unheard of... The defense argued that the jury would have to believe that Martinson gave Joshua the Soma pill and that the pill killed him, in order for Martinson to be guilty of first degree murder.

In this case, all the autopsy findings point to asphyxiation, drowning, channelopathy or anaphylactic shock as possible causes of death that were not ruled out

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A Valley mom is feeling jaded by justice after the man accused of killing her 5-year-old son is freed...

While a jury found him guilty of first-degree murder, the conviction was short-lived. Twenty-fours later, Judge Sally Duncan declared a mistrial. A combination of factors led to her ruling, among them jury misconduct...

A new trial was scheduled, but in November Duncan did something that caught everyone off-guard. She dismissed the case "with prejudice" after finding prosecutorial misconduct... Those two words, "with prejudice," means Martinson can't be retried for Josh's murder.

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A former Ahwatukee man whose conviction in the 2004 death of his 5-year-old son was overturned by a Superior Court judge three years ago faces re-arrest after an appeals court today shot down the judge’s actions.

Maricopa County Attorney Bill Montgomery said he will refile a first-degree murder charge against Jeffrey Martinson in the August 2004 drug overdose death of his son, Joshua Eberle-Martinson.

This will mark the third time Martinson will face charges in his son’s death in a case that has had a number of legal twists and turns.

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