A Mute and Deaf Killer

Mute And Deaf Defendant Ruled Unrestorably Incompetent For His Horrible Crime

In 2005, a 46-year-old deaf, mute, migrant named Oswaldo Elias Martinez, 33-years-old raped and strangled a 16-year-old girl, Brittany Binger. Authority was able to find her corpse by an unfinished bottle of Minute Maid Strawberry Passion. Utilizing the lot number on the bottle, police tracked it back to a particular convenience store and investigated supervision footage. The camera caught Oswaldo purchasing the drink and leaving. Also, the sperm retrieved from Brittany’s corpse matched Oswaldo’s and his skin was discovered under her fingernails.

“A smash dunk,” remembered one detective. “That’s what we believe.” Oswaldo was arrested with capital killing, rape, forcible sodomy, and robbery charge. However, the type of the case changed after it was found that Oswaldo was born deaf and mute.

He was unable to read, write, or speak more than a limited number of small words. His major way of communication was through pantomime, grunts, and simple drawings. Oswaldo was prepared to later clarify to the authorities that he resided in El Salvador before leaving his spouse and kids to come to the United States. He told his type of work as a day worker to authority by drawing a big home on a piece of paper. According to his defense lawyer, Oswaldo isn’t eligible to understand the details about the night Brittany was killed in a specific way to anyone. He also can’t realize ideas, including his conviction and directions in which his lawyer would protect him. However, it was concluded by doctors that he didn’t suffer from any mental incompetencies or intellectual damages. His only difficulty was his communication problems.

Due to his wording insufficiency, a judge ruled him incompetent to stand trial in 2005 and he was brought to work with American Sign Language experts for years. He memorized a few of the signs while in supervision and preparing for a probable trial, but unexpectedly quit progressing after a few years. The specialists all determined that any more classes would be unnecessary and unsuccessful. Brain experts understood that his chance to learn words and expressive sign language closed a long time ago once he passed “the critical period” in his life. In 2013, a judge officially deemed him unrestorable incompetent. He has stayed imprisoned at Central State Hospital for 15 years instead of a prison.

Virginia state law provides a five year limit for how long incompetent defendants can be held without a case, but lawmakers carved out an oddity for capital killing. Those defendants can be held indefinitely so long as they're receiving "medically appropriate" medicine for improvement and continue to be a problem. In Oswaldo’s trial, he quit indicating any progress with his medication, followed by his lawyer’s declaring the hospital completely gave up trying to rehabilitate him.

As of 2020, a request issued by his defense team is pending in the Supreme Court to either discharge or officially convict Oswaldo of the charges. They complained that holding him this long violates of having a speedy and reasonable trial.