SEASON OF GIVING: DONATE TO THE LES SCHWAB TOY DRIVE AND THE Q13 FOX SOCK DRIVE

Appellate court overturns 2012 rape conviction due to backlog

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

kitsap courthouseSEATTLE — The rape and assault convictions of a Port Orchard man have been overturned after it was determined his rights to a speedy trial had been violated, the Kitsap Sun reported.

The Sun reported that in July 2012 Joseph James Martin Jr. was found guilty of first-degree rape, second-degree assault, first-degree burglary, violation of a court order and felony unlawful imprisonment. He was sentenced to 28 1/2 years.

Martin’s appeal was based the Kitsap court’s deferment of his trial four times; the court said it had a lack of judges to hear the case, the paper reported.

Martin was arrested in December 2011 and his first trial was slated to begin Feb. 29, 2012. The trial was then continued four times in the next four months. The Sun said that Martin’s time for trial expired on May 24, and the trial began June 26.

A court is required to set a trial date within 60 days of a defendant’s arraignment. The court is allowed to continue a trial “for good cause,” but the Sun reported that court officials “did not properly document the need to defer the trial,” the three appellant judges ruled.

The Appeals Court reversed the jury’s conviction and dismissed the case with prejudice, which means that Martin cannot be charged again in the same case.

For the complete story, go here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

2 comments

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.