From the newsroom of the WVEC-TV, Channel 13 News, Norfolk, Virginia, Tuesday, June 7, 2005 .....

Murder suspect ordered to mental hospital for evaluation

Associated Press & WVEC-TV

WILLIAMSBURG, Va. (AP) -- An illegal immgrant from El Salvador was ordered to a mental hospital for evaluation to determine whether he can stand trial for capital murder.

Oswaldo Martinez, who is deaf and uncommunicative, is charged in the January 3 rape and murder of 16-year-old Brittany Binger of James City County.

Martinez has been described as illiterate and not speaking any language or using any formal sign language. At his first court appearance, his brother tried to communicate with him through hand gestures.

In May, defense attorney Beau Webb told 13News,"He is unable to speak. He's unable to read, write, communicate in any kind of recognized sign language."

Police have said Martinez was able to communicate to them that he had been drinking when they pulled him over for a DUI a year before the murder. But at the time, police failed to recognize that Martinez gave them a bogus social security number.

Binger and Martinez lived near each other in the same trailer park.

Police said DNA evidence links Martinez to the crime.

Mike McGinty, Williamsburg-James City County Commonwealth's Attorney, told WVEC.com Martinez was ordered to Western State Hospital. Meantime, a competency hearing was set for August 9, McGinty added.

Copyright 2005 by The Associated Press. All Rights Reserved.
© 2005 WVEC Television, Inc.

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