NY NY - Jose Martinez, 44, New York City, 22 Nov 1986

Discussion in 'Resolved Cold Cases' started by Reader, Jun 11, 2013.

  1. Reader

    Reader New Member

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    NYPD Commissioner Raymond Kelly praises woman who cracked cold case to find father's killer 26 years later

    But Joselyn, a fetching 36-year-old actress, might not have had to track down murder suspect Justo Santos herself if police had been more diligent.

    Justo Santos, who fled to the Dominican Republic after allegedly murdering Jose Martinez back on Nov. 22, 1986, had been arrested two years later in his homeland, Kelly said.

    Believing that Santos was busted for murder, the NYPD closed their case against him.

    [BUT...]

    Read more: http://www.nydailynews.com/new-york...ked-cold-case-article-1.1369396#ixzz2VweJCOhI
     
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  3. mysteriew

    mysteriew A diamond in process

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    I just heard about this story yesterday. It made me think of the many family members we have had come here looking for their missing, looking for justice. I hope this gives them some hope that what they do can bring them justice.
     
  4. fran

    fran Former Member

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    Joselyn Martinez, NYC woman, tracks down her father's alleged killer after 27 years

    Beginning in 2006, she trolled Myspace and Facebook for information. In 2011, she wrote a letter to "America's Most Wanted." Through it all, she spent her own money, dishing out payments of $69.99 to various online search programs that turn up potential addresses and phone numbers for people.

    full article at link ................. http://www.cbsnews.com/8301-504083_...wn-her-fathers-alleged-killer-after-27-years/
     
  5. OkieGranny

    OkieGranny New Member Staff Member Forum Coordinators

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    http://www.nydailynews.com/new-york...nt-dropped-man-1986-slaying-article-1.1993006

     
  6. Maznblu1

    Maznblu1 Member

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    I'm not sure which is worse - that another murderer walks free on a technicality or that someone wanted for murder can become a US citizen. Absolutely ridiculous on both counts. JMO
     
  7. MagicRose99

    MagicRose99 Watch out for my thorns!

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    I'm rather confused... there is no statutes of limitations on murder so how can the judge rule this way?!?

    "A Manhattan judge on Thursday dismissed a 1986 murder charge because authorities waited too long to make an arrest, violating the accused killer’s constitutional rights."
     
  8. Kimster

    Kimster Former Member

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    Something isn't adding up on this one. Not at all. :no:
     
  9. ~Lyric~

    ~Lyric~ Where is the Justice for Holly Bobo?

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    I am very confused as well...... what I gathered from the article, the judge basically said, well since LE and Prosecution did nothing for nearly 30 years..this guy gets to walk???? Am I understanding that right?
     
  10. Reader

    Reader New Member

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    Daughter launches online petition to overturn judge's ruling that dropped a cold case murder indictment

    http://www.nydailynews.com/new-york...cold-case-murder-indictment-article-1.1995125

    The justice system may have failed her father, but Joselyn Martinez still believes in the power of a daughter’s love.

    The determined 37-year-old launched an online petition Friday to overturn a judge’s ruling that gave her father’s killer a free pass because the case was too old to prosecute...

    Stolz’s ruling — maddening as it may be to Martinez — was correct, a legal expert said.

    “Unreasonable delay in prosecuting a defendant violates due process,” said Mark Bederow, a former prosecutor.

    But the Manhattan district attorney is mulling an appeal.

    “We believe cold cases should not be forgotten cases. While we respect the decision of the court, we will closely review it,” a spokeswoman said.


    more at link
     
  11. OkieGranny

    OkieGranny New Member Staff Member Forum Coordinators

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    http://www.oneidadispatch.com/general-news/20141229/da-wont-appeal-dismissal-in-86-killing

     
  12. Confusion

    Confusion Well-Known Member

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    So, how long do you have to remain in hiding to be able to murder someone without risk of being penalized for it?
     
  13. wendybtn

    wendybtn Well-Known Member

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    Unbelievable!? I do not think this would be allowed in any other US jurisdictions.
    JMO.
     
  14. Miss Muffet

    Miss Muffet New Member

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    The problem is he was arrested for the crime in 1988.

    If he had never been arrested, due process wouldn't apply.

    Darn shame, but that's the law.
     
  15. ModMaiden

    ModMaiden New Member

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    No, he wasn't arrested for that crime in 1988.

    Article said he had been jailed in the Dominican Republic in an unrelated case about two years after the Martinez killing but served just more than a year before he was released.
     
  16. Miss Muffet

    Miss Muffet New Member

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    Yes, he was. Read the article in the first post of this thread. It states the following:

     
  17. Muy Curioso

    Muy Curioso Member

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    In Spain if a killer is not charged in 20 years, the crime expires and can not be prosecuted , althought there is a confession. Crazy.
     
  18. BellaVita

    BellaVita New Member

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    "The Law" and "Justice" are not the same thing. I will choose Justice every time over the law.
     
  19. KaaBoom

    KaaBoom `·.¸¸ ><((((º> ...·´`·.¸¸ ><((((º>...·

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    I actually strongly agree with that statement. I think all crimes, even murder should have a statute of limitations. Justice should be swift. Sometimes people will get away with a crime. I think that is just something we have to accept. We will never be able to prosecute somebody for every single crime that is committed.

    Trying to prosecute people decades after a crime is just wrong. I can't even imagine how terrible it would be to be falsely accused of committing a crime 20 or 30 years after the fact. How could anyone defend themselves against those charges? I can't even remember that long ago.

    Plus even if a person is guilty, and they are captured decades later, is justice really served by prosecuting them so long after the crime? Let's say somebody commits a really terrible crime when they are 18, then for what ever reason, they never commit another crime. Then when they are 65, somehow or other they are connected to the crime they committed when they were 18. It seems to me that it would be pointless to prosecute that person at that time. Are we really going to send an old man to prison for a crime he committed as a teenager. That's just not justice IMHO.
     
  20. Miss Muffet

    Miss Muffet New Member

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    Due process has nothing to do with lapse of time since crime was committed. It's the lapse of time from arrest until trial. This murder was arrested but never had a trial. It's our constitutional right to a speedy trial after being charged. He is free because trying him in court so many years after his arrest (not years after crime committed) violates his constitutional rights.
     
  21. Muy Curioso

    Muy Curioso Member

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    Sure. We're not talking about minor offenses but of murders. It is necessary to send the message that if someone commits murder will always be pursued. That like his act is irreversible for the victim, will be irreversible for him.
     

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