Tuesday, September 21, 2010

Deaf man in Virginia, charged with rape and murder, to be examined a second time by Gallaudet doctors to see if he is competent to stand trial

From The Associated Press:


WILLIAMSBURG, Va. -- A man who cannot hear or speak is going to undergo another examination to determine whether he's competent to stand trial on charges he raped and killed a James City County teenager.

The Daily Press reports the latest continuance came to allow doctors from Gallaudet University to examine Oswaldo Martinez yet again. Doctors from the university have examined Martinez before and concluded he may never be competent to stand trial.

The case has been continued more than a dozen times in the past five years over questions of Martinez's competency.

Martinez, a Salvadoran native, is accused in the 2005 rape and slaying of 16-year-old Brittany Binger. When Martinez was arrested, he was unable to speak, hear or sign. Since then, he has undergone intensive sign-language instruction.

Williamsburg-James City County Commonwealth's Attorney Nate Green contends Martinez is ready for trial. "It is our position that he is able to sufficiently communicate with his lawyers," Green said.