State v. Gerardo E. Martinez
2013 R.I. LEXIS 20
| R.I. | 2013Background
- Martinez was convicted of first-degree murder and driving a vehicle without the owner's consent, and sentenced to life imprisonment without the possibility of parole.
An eight-day trial featured 25 witnesses and graphic testimony about Lindsay Ann Burke’s murder in September 2005 at Martinez’s Warwick home.
- The prosecution introduced Rule 404(b) evidence through Barrett and Baxter alleging prior abuse by Martinez; the trial court limited and instructed the jury accordingly.
- A pre-sentence hearing included a psychiatric evaluation and Martinez’s allocution; Dr. Stewart opined Martinez could be rehabilitated with treatment.
- The trial court found the murder involved aggravated battery and torture, and sentenced Martinez to life without parole, with five years for a concurrent vehicle offense.
- On appeal, Martinez challenged the Rule 404(b) evidence, the denial of a new-trial motion, and the life-without-parole sentence, which the Rhode Island Supreme Court reviewed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 404(b) admissibility of abuse evidence | Martinez: prior abuse testimony inadmissible as propensity evidence. | Martinez: evidence admissible to show intent/motive under Rule 404(b). | Admissible for limited purpose of proving intent; not unduly prejudicial. |
| Denial of motion for a new trial | Martinez: jury erred in convicting first-degree murder. | Martinez: verdict should be set aside as unsupported for first-degree murder. | Trial court’s denial affirmed; evidence supported premeditated first-degree murder. |
| Legality of life imprisonment without parole | Martinez: sentence excessive given mitigating factors and potential rehabilitation. | State: posture justified by torture/aggravated battery and lack of remorse. | Sentence affirmed after independent review; parole not warranted. |
Key Cases Cited
- State v. Gaspar, 982 A.2d 140 (R.I. 2009) (abuse evidence Rule 404(b) discretion standard)
- State v. Mohapatra, 880 A.2d 802 (R.I. 2005) (evidence admissibility under Rule 404(b))
- State v. Ciresi, 45 A.3d 1201 (R.I. 2012) (Rule 404(b) relevance and necessity)
- State v. Rodriguez, 996 A.2d 145 (R.I. 2010) (non-exhaustive purposes of Rule 404(b))
- State v. McManus, 941 A.2d 222 (R.I. 2008) (independent review for life-without-parole)