Illeg. rapes and Murders 16 yr old girl but this story has a twist.

[Danno 1,228]

Rape and murder case delayed in court

Suspect is an illegal immigrant, deaf, and mute

Updated: Wednesday, 15 Dec 2010, 9:25 PM EST

Published : Wednesday, 15 Dec 2010, 9:25 PM EST

-Vid posted at website.

JAMES CITY COUNTY, Va. (WAVY) - There was another heartbreaking delay in court Wednesday for the family of a 16-year-old girl who police say was raped and murdered nearly six years ago by an illegal immigrant who is also deaf and mute.

Unless Oswaldo Martinez, who prosecutors say is a perfect DNA match to the killer, learns enough sign language to communicate with his attorney, he might never stand trial.

The body of Brittany Binger was discovered in January 2005 on a patch of grassy land right in front of the mobile home park where she lived in James City County.

In court Wednesday the judge ruled that Martinez, in the country illegally from El Salvador, is still not yet competent to stand trail because he has not yet learned enough sigh language, even though experts at Central State Hospital have been teaching him sign language for nearly six years now. Prosecutor Nathan Green said hospital officials indicate Martinez is making progress in his ability to communicate.

Brittany's father, James Binger, stood outside the courthouse after the hearing with tears in his eyes and said, "This was supposed to come to an end today and it did not. I do believe this man is playing stupid because he knows what his fate is."

With a DNA match, if Martinez does learn enough sign language to stand trial, he would almost certainly go to prison for the rest of his life, according to the judge.

"This is what really concerns me, is that we are in the process of educating this young man to learn the language to communicate with his attorney, in the end if he's guilty he'll be placed in prison for the rest of his life and if that's what we're doing, he's smart enough, it appears to me, to realize that," said the judge. "My question is how much is he willing to learn and communicate if he knows at the end of the game is to have him placed in prison the rest of his life. That's my concern is that is he smart enough that he's gaming us?"

For the family, it's not just the fear of failing to get justice for Brittany, they say it's also the dangerous reality of what will happen if Martinez is ruled incompetent to stand trial.

"He goes home to El Salvador, free and clear," said prosecutor Nathan Green. "There would be nothing holding him here. There is a detainer on him and he is here illegally. I assume the federal government would deport him."

Brittany's father said, "That's real scary because he will get deported and within six months be back in this country and whose child is he going to rape and murder this time?"

It will now be mid-Summer before the court considers once again Martinez's competency.

Pulling a worn picture of his beautiful daughter out of the coat pocket over his heart Binger said, "That's my daughter, my pride and joy right there."

Until Brittany's alleged killer goes to trial, her father vows to carry her picture near his heart, every day.

"I carry it all the time," he said choking up. "Only thing I got left."

http://www.wavy.com/dpp/news/local_news/murder-case-delayed-in-court

[Bad_Daddy 2,209]

Let's just hope he's also gay, so we can grant him amnesty when he joins the military.