The forensic evidence against him was overwhelming. But because he had never learned language in any form, the courts have never been able to put him on trial.
The Crime
In 2005, 16-year-old Brittany Binger was raped and killed. Investigators traced a discarded drink bottle found near her body to a specific convenience store, and surveillance footage from the store showed Oswaldo Elias Martinez, then 33, purchasing the same drink shortly before. DNA evidence, including biological material recovered from the scene and skin found under Binger's fingernails, matched Martinez.
A Communication Barrier
Martinez, an immigrant from El Salvador, was born deaf and had never been taught any formal language — spoken, written, or signed. He primarily communicated through gestures, drawings, and simple pantomime. Medical evaluations found he had no intellectual disability or mental illness; his sole barrier was a profound, lifelong absence of language acquisition, compounded by having passed the developmental window in which language is typically learned.
Incompetent to Stand Trial
Given his inability to understand legal proceedings or communicate meaningfully about the events in question, a judge ruled Martinez incompetent to stand trial in 2005. He spent years working with American Sign Language specialists in an effort to become competent enough to participate in his own defense, learning some signs before his progress plateaued. Specialists ultimately concluded further language instruction would be ineffective, given how far past the critical developmental period for language acquisition he was.
Indefinite Hospitalization
In 2013, a judge formally ruled Martinez "unrestorably incompetent." Virginia law generally limits how long an incompetent defendant can be held without trial, but includes an exception allowing indefinite hospitalization in capital cases, provided the defendant continues receiving medically appropriate treatment. Martinez has remained hospitalized at Central State Hospital, rather than in a standard prison, for close to two decades. As of 2020, his defense team had a pending request before Virginia's Supreme Court seeking either his release or a formal resolution of the charges, arguing that his prolonged, unresolved detention violated his right to a speedy trial.
FAQ
Why was Oswaldo Elias Martinez never tried for the crime?
He was born deaf and never acquired any form of language, making him unable to understand or participate in legal proceedings — a condition doctors determined could not be remediated given how late any intervention began.
Where has Martinez been held?
At Central State Hospital in Virginia, rather than a standard prison, under an exception in state law allowing indefinite hospitalization in capital cases.
Has this case ever been resolved?
As of the available information, no — his defense has continued to challenge his prolonged, unresolved detention; the current status should be verified before publishing.