Court overturns judge’s decision freeing former Ahwatukee father in son’s slaying - Ahwatukee Foothills News: Localnews

default avatar
Welcome to the site! Login or Signup below.
|
||
Logout|My Dashboard

Court overturns judge’s decision freeing former Ahwatukee father in son’s slaying

Print
Font Size:
Default font size
Larger font size

Posted: Thursday, September 22, 2016 5:29 pm | Updated: 3:58 pm, Fri Sep 23, 2016.

A former Ahwatukee man whose conviction in the 2004 death of his 5-year-old son was overturned by a Superior Court judge three years ago faces re-arrest after an appeals court today shot down the judge’s actions.

Maricopa County Attorney Bill Montgomery said he will refile a first-degree murder charge against Jeffrey Martinson in the August 2004 drug overdose death of his son, Joshua Eberle-Martinson.

This will mark the third time Martinson will face charges in his son’s death in a case that has had a number of legal twists and turns.

Martinson had a scheduled weekend visitation with his son. When her son was not returned to her Sunday evening, the child’s mother called police to check on Martinson’s Ahwatukee apartment.

Police discovered Martinson lying on his bed, unresponsive with his wrists cut. In another room they found the boy dead and a toxicology report later found evidence of a lethal amount of muscle relaxant in the child’s blood.

Prosecutors initially filed first-degree murder charges against Martinson, contending he deliberately killed the boy because he was upset with his visitation schedule and hated the child’s mother. He was not married to her.

But the Judge Sally Duncan first barred prosecutors from arguing the murder was premeditated.

Martinson was convicted by a jury in 2011.

But Duncan interviewed jurors and concluded that some of the panel had committed misconduct, so she voided the verdict.

In jail since his arrest in 2004, Martinson was arrested a second time. But in 2013, just as he was about to go on trial, Duncan set him free.

The judge accused the county attorney’s office of prosecutorial conduct and barred it from ever prosecuting Martinson in the murder case again.

Although a copy of the decision was not immediately available, Montgomery’s office said in a press release, “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. The ruling… 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 Montgomery. “We will now be able to go forward to seek justice for the young victim and his mother.”

More about

More about

More about

  • Discuss

Tribe ramps up freeway fight over sacred mountain today with prayer walk

Native Americans are escalating their fight against the South Mountain Freeway with a “peaceful resistance camp” on the Gila River Indian Comm…

Published: September 27, 2016 - 4:53 pm @ http://www.ahwatukee.com/columns/safe_driving/arti…

Why Linguists are Fascinated by the American Jewish Accent

Between 1880 and World War I, a wave of Eastern European Jewish immigrants crashed on America’s shores. They spoke Yiddish, and then English, …

Published: September 27, 2016 - 4:43 pm @ http://www.atlasobscura.com/articles/why-linguists…

10 new fall flavor-inspired dairy products

Pumpkin, apple and caramel season is upon us, which means seasonal flavors are hitting store shelves all across food and beverage categories. …

Published: September 27, 2016 - 4:45 pm @ http://www.dairyfoods.com/articles/91965-new-fall-…

Elon Musk Outlines His Crazy, Very Real Plan to Colonize Mars

Elon Musk has a plan to colonize Mars. It is weird, and risky, and very real. In a long-awaited speech at an astronautical conference in Mexic…

Published: September 27, 2016 - 4:44 pm @ http://www.slate.com/blogs/future_tense/2016/09/27…

The battle for Maricopa County, AZ, where Latino voters could hold the reins to the state

Maricopa County, Arizona, has voted Republican in every presidential election since 1948. Bill Clinton won the state in 1996 and still lost th…

Published: September 27, 2016 - 4:23 pm @ http://www.dailykos.com/story/2016/09/27/1574611/-…

Will body cameras reduce police violence? The US Justice Department is about to spend $20 million to find out

The amount of video footage capturing US police officers on the job is about to grow exponentially. The Department of Justice (DoJ) announced …

Published: September 27, 2016 - 4:13 pm @ http://qz.com/793740/the-department-of-justice-doj…

Roosevelt Row Chile Pepper Festival

Roosevelt Row 2nd Street and Roosevelt Street, Phoenix, AZ - 10:00 pmRoosevelt Row Chile Pepper Festival5:00 pm - 10:00 pm Event Categories:Fe…

Published: September 27, 2016 - 4:15 pm @ http://phoenix.org/event/roosevelt-row-chile-peppe…

Art and People of ASU Art Museum's Fall Season Opening

Arts Art View All Oasis of Visual and Performance Art Happens at Rio Salado… September 26 at 1:38 p.m. Club Palazzo Hosts a Seductive Performa…

Published: September 27, 2016 - 4:12 pm @ http://www.phoenixnewtimes.com/slideshow/art-and-p…

Realty Executives Phoenix notches sponsorship at Scottsdale Polo Championship

Realty Executives Phoenix has been named the Official Real Estate Sponsor of the 2017 Bentley Scottsdale Polo Championship. The world’s most w…

Published: September 27, 2016 - 3:45 pm @ http://www.scottsdaleindependent.com/news/realty-e…

Scottsdale honors people with disabilities, organizations dedicated to their advancement

A Desert Mountain High School senior who lost most of his sight as a toddler has been named “High School Student of the Year” by the Mayor’s C…

Published: September 27, 2016 - 3:45 pm @ http://www.scottsdaleindependent.com/news/scottsda…

Facebook

ahwatukee.com on Facebook

Twitter

ahwatukee.com on Twitter

RSS

Subscribe to ahwatukee.com via RSS

RSS Feeds

Spacer4px

Most Popular

Online poll

Loading…