News Flash

MCAO Latest News

Posted on: September 22, 2016

Victims Closer to Justice in State v. Martinson

PHOENIX—The Arizona Court of Appeals handed down a key opinion in State v. Martinson, the case of a father accused of killing his five-year-old son in 2004. The Court of Appeals found that the trial judge’s rulings that precluded evidence of intent to kill was erroneous and vacated the trial judge’s dismissal of the case with prejudice. The ruling, in effect, dismisses two previous cases, and allows the Count Attorney to file new charges.

“Today’s order validates the State’s contention that evidence of premeditation should have been allowed in the original trial,” said County Attorney Bill Montgomery. “We will now be able to go forward to seek justice for the young victim and his mother.”

In August 2004, Jeffrey Martinson, a divorced father, had a scheduled weekend visitation with his son. When her son was not returned to her Sunday evening, she called police to check on Martinson’s home. Once there, police discovered the defendant lying on his bed, unresponsive, with his wrists cut. In another room they found the five-year-old boy deceased. A toxicology report later found evidence of a lethal amount of muscle relaxant in the child’s blood. The defendant was indicted by a grand jury of one count of first degree felony murder and one count of child abuse.

The case went to trial in 2011, and after opening statements, the defense made a motion to preclude evidence of intent to kill, which the Superior Court granted erroneously relying on a 1993 case, State v. Styers, which stated that if child abuse is considered the precursor to murder, the State would not be allowed to present evidence of intent to kill. Though jurors unanimously found the defendant guilty of both counts, they were unable to reach a unanimous decision in the penalty phase, resulting in a mistrial.

The defense made a motion for a new trial, citing juror misconduct and other errors. The trial judge granted this motion. In order to ensure that evidence of intent would be admissible, the State subsequently filed new charges in 2012 for premeditated murder and asked that the newer charges be substituted for the older ones. This request was litigated between the trial court and the appellate courts, with the trial court ultimately dismissing the 2004 case with prejudice--in effect barring any prosecution whatsoever. The Court of Appeals’ ruling today found that the trial court ruled in error, which allows the County Attorney to file new charges.

Facebook Twitter Email

Other News in MCAO Latest News

Prosecutor

What is a Prosecutor?

Posted on: June 25, 2020
Man Vaping

Vaping Warning Signs for Parents

Posted on: June 18, 2020
Opioids

Help Prevent Opioid Abuse at Home

Posted on: June 16, 2020
Sunset Over Canal and Homes

Keep Your Home Safe this Summer

Posted on: June 4, 2020
Looking through a car windshield at night. The lights are blurred.

Don’t Graduate into a DUI

Posted on: May 19, 2020
Happy Mothers Day

Honoring MCAO Moms

Posted on: May 8, 2020
COVID-19 Stimulus Check Scams

Stimulus Check Scams

Posted on: May 7, 2020
National Law Day 2020

It’s National Law Day

Posted on: May 1, 2020
Angela Andrews

Collaboration is Key

Posted on: April 30, 2020
Inspiration in the Face of Adversity

Inspiration in the Face of Adversity

Posted on: April 24, 2020
Heather Kirka

Charging Ahead and Working Together

Posted on: April 23, 2020
Census form on flag

We All Benefit When We Respond

Posted on: April 16, 2020
Brittany Hogard

Keeping the Wheels of Justice Rolling

Posted on: April 15, 2020
Person typing on computer keyboard

Be a Smart Online User

Posted on: April 13, 2020
Avoid Coronavirus Scams

COVID-19 Scam Awareness

Posted on: March 30, 2020

Community Outreach Highlights

Posted on: March 1, 2020
Allister with Female Staff

Celebrating Women’s History Month

Posted on: March 1, 2020
2020 Census Advertisement - Shape your Future, Start Here

YOU Count: Fill Out the Census Today

Posted on: March 1, 2020

Update On Petersen Investigation

Posted on: December 11, 2019

MCAO Honors Our Veterans

Posted on: November 8, 2019

Dion Earl Found Guilty on All Charges

Posted on: August 22, 2019

MCAO Launches Community Grants Webpage

Posted on: August 12, 2016

Update on Green Acre Dog Boarding Deaths

Posted on: September 22, 2014

National Geographic - Taboo

Posted on: August 31, 2012