Thread: Trial delayed in teenager's slaying

Williamsburg

Trial delayed in teenager's slaying
Prosecutors say the deaf suspect is making progress in learning to communicate in hospital.
BY DANIELLE ZIELINSKI
247-7870
May 22, 2007
JAMES CITY -- Friends of slain 16-year-old Brittany Binger have been waiting since 2005 for the man accused in her death to face trial.

On Monday, they found out they'll have to wait at least another six months, after a Williamsburg judge deferred the case until Nov. 14.

Oswaldo Martinez, a 35-year-old illegal immigrant from El Salvador who cannot hear or speak, is charged with rape, murder, sodomy and robbery in connection with Binger's death.

Investigators believe the teenager was jumped from behind near the entrance to Whispering Pines Mobile Home Court in James City County on Jan. 2, 2005, then raped and killed.

Martinez was deemed incompetent to stand trial in September 2005 because of his inability to communicate with his attorneys. He has been receiving intensive sign-language therapy at Western State Hospital in Staunton since then to understand the charges against him and assist in his own defense. Monday's hearing was the third competency review since he was first found incompetent.

Assistant Commonwealth's Attorney Nate Green said Monday that Martinez has made extraordinary progress at Western State, and that it is clear he can communicate with doctors and staff there. Williamsburg-James City County Circuit Court Judge Samuel Powell deferred the case in order to give Martinez' attorneys the opportunity to travel to Western State and begin interacting with him.

Before the hearing, Powell and the attorneys watched a video of Martinez that demonstrated his skills in sign language. Green said the video gives everyone involved a benchmark in terms of his capabilities.

"Part of the fear is as we get closer to trying him, his willingness to communicate may decrease," Green said.

Green said he is confident a trial date will be set at the next review in November.

Friends of Binger who attended Monday's hearing were upset over the continued delays in trying the case. Danielle Dewald, one of Binger's best friends, noted that even if a date is set in six months, it will have been three years since Binger's slaying before the case goes to trial.

"I feel he's able to talk to his lawyer and it should have already happened," Dewald said after the hearing. "It's unfair to the people that knew her to keep putting it off."
http://www.dailypress.com/news/local/wi ... -local-wbg

UNBELIEVABLE!