JAMES CITY COUNTY, Va. (WAVY) - The deaf, mute, illegal immigrant arrested five years ago for allegedly raping and murdering a 16-year-old girl could possibly be set free without ever standing trial.
Oswaldo Martinez, 36, from El Salvador, is not able to speak, hear, read or write. Prosecutors said Tuesday that if the state is not able to teach the accused killer sufficient sign language so that he can communicate with his attorneys and stand trial, it is possible the judge would be unable to figure out what to do with Martinez, except set him free.
Martinez was charged in February 2005 with Capital Murder. Police said his DNA matched evidence from the crime scene where Brittany Binger's body was found the month before, at the grassy entrance to Whispering Pines Mobile Home Park where she lived.