Arizona man ordered freed in son's 2004 death

[alp227]

Source: AP

PHOENIX (AP) — A judge has dismissed a murder case and ordered the release of the defendant — an Arizona man convicted in the 2004 death of his 5-year-old son — after finding misconduct by prosecutors.

Maricopa County Superior Court Judge Sally Duncan issued her ruling on Tuesday in the case against Jeffrey Martinson. As part of her decision, she said Martinson, who has been incarcerated for nine years, cannot be retried.

The judge ordered him to be released on Nov. 26. Prosecutors hope to keep him behind bars with an appeal.

"The court is mindful of what is at stake in this case. The allegations against the defendant are very serious," Duncan wrote, adding that the "scope and extent of the misconduct in this case leaves the court with no alternative but to dismiss the case with prejudice."

Read more: http://bigstory.ap.org/article/arizona-man-ordered-freed-sons-2004-death

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More resources:

The Arizona Republic 11/14/11, Ahwatukee man convicted in son's death
The Arizona Republic 3/29/12, Ahwatukee man convicted of killing son granted new trial
Phoenix New Times 6/15/12, Jeffrey Martinson Of Ahwatukee Reindicted On Charges Of Murdering His 5-Year-Old Son
Ahwatukee Foothills News 9/20/12, Martinson no longer facing death penalty
The Arizona Republic 11/26/12, Case of Ahwatukee man in boy's death in 2004 drags on

[Nye Bevan]

1. Another example of why capital punishment should be abolished (nt)

[Comrade Grumpy]

2. And what happened to the prosecutor who engaged in the prosecutorial misconduct?

[happyslug]

3. This case is a real mess

Date of death of child: 2005

Date of Trial: 2012

This ruling :2012

The misconduct appears that while the Defendant was charged with MANSLAUGHTER the Prosecution kept on emphasizing "Premeditation", which is what is needed to get a MURDER conviction. This confused NOT only the defense attorney but the Jury (The Jury Fore person sent a letter to the Judge during deliberations that one jury was stuck on "Premeditation" when they had been told only the requirements to make a MANSLAUGHTER conviction.

Now, the defense is not the innocent victim here, most of the delay from 2005 to 2011 seems to have been due to a change in DEFENSE ATTORNEYS. i.e. it was the DEFENSE that caused the delay not the Prosecution.

Here is the Court Docket on this case, no opinionL

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2004-124662