Jeffrey Martinson listens on during his trial in Superior Court Wednesday Aug, 23, 2011. Martinson is charged with the first-degree murder of his 4-year-old son back in 2004. Aug 23, 2011. Darryl Webb/AFN

Darryl Webb

The new trial in the case of Ahwatukee man Jeffrey Martinson is set to get under way next month after a judge requested it to be reconsidered in March.

The initial case, which took seven years to go to trial, ended last November when a jury found Martinson guilty of killing his 5-year-old son in 2004.

Though Martinson was convicted, the jury could not come to an agreement about the penalty. Additionally, a testimony from the medical examiner and reported juror bias prompted Judge Sally Duncan to call for retrial.

Duncan also stated during that time, the testimony from the medical examiner about the manner of death should not have been in court and that the court erred in allowing that testimony to be heard, according to a previous AFN report.

In 2004, Joshua Eberle-Martinson was found dead inside his father’s apartment after a weekend visit. Martinson, 45, was later accused of giving Joshua a drug overdose and then attempting suicide.

A pre-trial conference is scheduled for Aug. 8.

• Diana Martinez is freelancing this summer for the Ahwatukee Foothills News. Reach her at

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