dailypress.com
James City, Virginia -- Police charged Martinez with capital murder, rape, sodomy, and robbery. Investigators think that he followed Binger to Whispering Pines, attacked her from behind and strangled her. Prosecutors are seeking the death penalty - if the case ever goes to trial.
In September 2005, three experts testified and a Williamsburg judge ruled that Martinez was incompetent to stand trial. Under Virginia law, a person is incompetent if he or she lacks the capacity to understand the proceedings or can't assist in his or her own defense.
"Those are two different prongs, but either of those can be an issue," Williamsburg-James City County Commonwealth's Attorney Mike McGinty said. "In this case, communication is the issue."
In cases where an incompetent defendant is charged with capital murder, state law holds that the person may be treated indefinitely in an attempt to make them competent to stand trial. Progress is assessed every six months.
Since Martinez began treatment at Western State Hospital in October 2005, the state has spent a total of $264,928 in an effort to bring him to competency. John Becktal, director of community services for Western State, said costs for room, board and services totaled $544 a day.
Each day, from about 8 a.m. to 3 p.m., Martinez attends group workshops for deaf patients and one-on-one lessons with interpreters, according to a report by Western State psychologist Barbara Haskins. In March 2006, he had learned about 150 signs and could use one or two in a sentence. By October, he was signing in complete sentences, befriending other deaf patients in the unit and demonstrating "a good sense of humor," the report read.
Orginial title of this story is titled "A silenced life echoes". Dailypress.com title is so touchy-feely for such a violent, heinous crime.
Senator John Warner, Republican, from Virginia says "There is no way we can physically, legally or otherwise round them all up and march them back to where they came from," he said.
More background information on this story
WAVY TV 10 News
James City County Officials Make Arrest in Murder of 16-Year Old
James City, Virginia -- James City County officials have made an arrest in the murder of 16-year old Britney Binger.
It was January 3rd when authorities say they received an anonymous call around 5:20am alerting them to the body in the 9000 block of Pocahontas Trail in the Whispering Pines mobile home park.
Police say Binger was so badly beaten they sent dental records to Richmond to help with her identification.
Officials say a positive DNA test result led them to 34-year old Oswaldo Elias Martinez. Martinez was arrested Thursday afternoon. He is charged with capitol murder, rape and sodomy.
Associated Press
Psychologist: Virginia deaf, mute suspect not ready for trial
WILLIAMSBURG, Virginia -- A man who is deaf and mute remains incompetent to stand trial on charges he raped and killed a teenager, his psychologist testified.
Oswaldo Martinez, 35, an illegal immigrant from El Salvador, is undergoing treatment in Western State Hospital to help him understand the charges. Part of his treatment involves watching the television show "Law and Order," which is interpreted through sign language.
Posted by tyne at February 18, 2007