Miss-Delectable
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Deaf-mute charged in rape, slaying of James City teen makes progress with communication -- dailypress.com
The deaf-mute man accused of raping and murdering a James City County teen in 2005 is making progress with his communications skills, a prosecutor says.
Oswaldo Martinez, who is being held at Central State Hospital in Dinwiddie County, is still incompetent to stand trial because he remains unable to assist his attorneys with his defense, Williamsburg-James City County Commonwealth's Attorney Nate Green said after a competency review of Martinez on Tuesday.
Martinez, a 36-year-old illegal immigrant from El Salvador, is charged with rape, murder, sodomy and robbery in connection with the January 2005 killing of 16-year-old Brittany Binger.
Martinez cannot hear or speak. Following his arrest, Martinez underwent extensive sign-language therapy at Western State Hospital in Staunton but remains unable to help his attorneys.
Compounding the problem is that Martinez's defense attorneys do not regularly visit him in the state hospital, Green said. Martinez was moved to Central State in 2008.
"He communicates," Green said, reading from a 10-page report about Martinez compiled by doctors at Central State. "He works in the (hospital's) canteen. But it is very difficult for them to determine if he can assist in his defense when his attorneys are not there."
Circuit Court Judge Samuel Powell agreed, directing defense attorney Timothy Clancy to visit Martinez to monitor his ability to communicate.
Clancy told the court he felt it was not his duty as Martinez's attorney to "assist in rendering him competent" to stand trial, but agreed to visit him to attempt to build a defense.
Martinez was taken to James City for the hearing but did not appear in court because no evidence was brought, Green said.
Martinez is scheduled for another competency review May 26.
The deaf-mute man accused of raping and murdering a James City County teen in 2005 is making progress with his communications skills, a prosecutor says.
Oswaldo Martinez, who is being held at Central State Hospital in Dinwiddie County, is still incompetent to stand trial because he remains unable to assist his attorneys with his defense, Williamsburg-James City County Commonwealth's Attorney Nate Green said after a competency review of Martinez on Tuesday.
Martinez, a 36-year-old illegal immigrant from El Salvador, is charged with rape, murder, sodomy and robbery in connection with the January 2005 killing of 16-year-old Brittany Binger.
Martinez cannot hear or speak. Following his arrest, Martinez underwent extensive sign-language therapy at Western State Hospital in Staunton but remains unable to help his attorneys.
Compounding the problem is that Martinez's defense attorneys do not regularly visit him in the state hospital, Green said. Martinez was moved to Central State in 2008.
"He communicates," Green said, reading from a 10-page report about Martinez compiled by doctors at Central State. "He works in the (hospital's) canteen. But it is very difficult for them to determine if he can assist in his defense when his attorneys are not there."
Circuit Court Judge Samuel Powell agreed, directing defense attorney Timothy Clancy to visit Martinez to monitor his ability to communicate.
Clancy told the court he felt it was not his duty as Martinez's attorney to "assist in rendering him competent" to stand trial, but agreed to visit him to attempt to build a defense.
Martinez was taken to James City for the hearing but did not appear in court because no evidence was brought, Green said.
Martinez is scheduled for another competency review May 26.