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Article published Aug 27, 2007
Deaf and mute murder suspect prepares for defense
By The Associated Press

WILLIAMSBURG, Va. (AP) — A judge on Monday ordered a deaf and mute illegal immigrant charged with raping and killing a teenager transferred from a hospital where he has been learning sign language for two years to a jail so he can prepare his defense.

Oswaldo Martinez, 36, of El Salvador, was charged in the January 2005 slaying of 16-year-old Brittany Binger. He was found incompetent to stand trial in September 2005 because of his language deficiencies and inability to communicate with his attorneys; when he was arrested, Martinez had no communication skills except for a few primitive hand signals.

Martinez’ case is reviewed every six months, and he was found incompetent each of the three times he came before the court. His case is up for review again in November.

Martinez was ordered to undergo sign language therapy at Western State Hospital in Staunton in an effort to allow him to understand the charges against him and assist in his defense. Part of his treatment involved watching the television show “Law and Order,â€