Accused Killer May Walk

(James City County, Virginia) A 36-year-old, illiterate, deaf-mute El Salvadoran, illegally in the U.S., Oswaldo Martinez, stands accused of the 2005 capital murder of 16-year-old Brittany Binger.

There has been no trial because the judge ruled five years ago that Martinez was not capable of assisting in his own defense, which is a right guaranteed by the Constitution, according to prosecutors. James City County Commonwealth's Attorney Nate Green said his office has been working since 2005 to provide Martinez, who is being held in Central State Hospital, with lessons in sign language.

"This is beyond unusual," said Green, who has been trying to navigate unchartered waters with this case. He said there are very few cases like this in the entire country. "For the past five years we have been trying to provide him with the skills, the tools he needs to learn sign language so that he can communicate with his attorneys," said Green. The prosecutor said that is the only way Martinez will be ruled competent to stand trial.

So far, all attempts to communicate with Martinez have been fruitless and it appears that he may have to be released. A competency hearing is scheduled for September 16.