A judge denied a motion to set bond for Jeffrey Martinson, an Ahwatukee Foothills man accused of killing his 5-year-old son in 2004.
Martinson has been in jail since 2004 when his son was found dead inside his apartment after a weekend-long visit. A jury found Martinson guilty in November of 2011 but came back hung on the penalty phase of the trial.
Martinson was granted a new trial after juror testimony revealed some problems. Now Martinson’s defense says he has been held long enough.
Attorney Michael Terribile argued that the previous trial proved the state did not have the level of evidence necessary for his client, Martinson, to be held any longer.
He argued that even if Martinson were to be found guilty of something in a new trial, his sentence would probably be less time than what he had already served, so he had no reason to miss any future court dates.
Martinson does have family and friends in the area willing to offer him a place to stay if he were released.
Judge Sally Duncan ruled in favor of the state’s argument that there was enough evidence for the case to go to trial and that it was a capitol punishment case not eligible for bond. Martinson will remain in custody while a new trial is conducted.
The new trial is set to begin in July, a year since the last trial began and eight years since the death of Joshua Eberle-Martinson.
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