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Thread: Khristian Tyler Martzall Sentenced to Time Served in 2018 OK Slaying of Braxton Danker

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    Senior Member CnCP Legend CharlesMartel's Avatar
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    Khristian Tyler Martzall Sentenced to Time Served in 2018 OK Slaying of Braxton Danker


    Braxton Danker



    Judith C. Danker


    Khristian T. Martzall



    Lincoln Co. prosecutors seek death penalty in child abuse death

    By Kim Morava
    Shawnee News Star

    Lincoln County prosecutors on Thursday filed a Bill of Particulars to have a death penalty option, upon conviction, against two charged in the murder of a Lincoln County toddler.

    The toddler’s mother, Judith C. Danker, 19, and her reported boyfriend, Khristian T. Martzall, 27, both face a charge of murder in the first-degree, child abuse.

    They are accused in the May death of Danker’s son, Braxton, who prosecutors say suffered “horrendous” injuries.

    Pottawatomie/Lincoln County First Assistant District Attorney Adam Panter said this was the worst case of child abuse he’s ever seen.

    The death penalty “is the the only true justice for Braxton,” he said.

    “Braxton spent his last days of life suffering,” Panter said. “Both of them are responsible...”

    Panter said filing the death penalty request, which outlines aggravating circumstances, such as the heinous nature of the crime, gives the jury an option choose whether the death penalty is a possible punishment for the defendants, if convicted.

    The child lived with his mother and her boyfriend in Wellston, Panter said, and the mother was reportedly rushing the child to the closest Emergency Room in Edmond when an ambulance met them en route and transported the child, who died a short time later.

    “The child had physical injuries all over his body,” Panter said.

    Panter called the injuries “horrendous,” and said they included open sores all over the child’s body, including some that were gangrenous. The boy also was covered in bruises, he said, and also had a “serious head injury.”

    Both defendants, who remain jailed in Lincoln County, were initially scheduled for preliminary hearings on Thursday, but those have been re-scheduled for November.

    Watch for update.

    http://www.news-star.com/news/201810...ld-abuse-death
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    Senior Member CnCP Legend CharlesMartel's Avatar
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    State Seeks Death Penalty For Death Of 2-Year-Old

    By Bonnie Campo
    news9.com KWTV

    LINCOLN COUNTY, Oklahoma - The Lincoln County District Attorney is seeking the death penalty in the case of 2-year old Braxton Danker.

    Investigators say the child was murdered by his mother and her boyfriend who cite months of abuse.

    News 9 was able to confirm that DHS was notified about potential danger, but the report was not completed before the toddler's death back in May.

    Braxton’s mother Judith Danker, and her boyfriend Kristian Tyler Martzall appeared in court Thursday afternoon. Death penalty documents were filled on both suspects.

    “The investigator revealed that Braxton suffered horribly the last few days of his life,” said Lincoln County District Attorney Adam Panter.

    Court documents state the child died from an injury to his head. Investigators said there was also a large wound on Braxton’s body, and it appeared gangrene set-in.

    Prosecutors said a witness in the town of Wellston, gave statements that they saw "both Danker and Martzall striking the child repeatedly about the body with a belt, in the yard..."

    Official documents also add that the child had not been examined or treated by "...any wellness medical examination in approx. one year..."

    The night Braxton died his mother called 911 as she rushed him to Edmond's Integris hospital.

    Here is an excerpt of that call:

    Danker: (Crying)

    911 Dispatcher: "Ma'am?"

    Danker: "He is purple."

    911 Dispatcher: "Say that again."

    Danker: "He is purple. He is turning purple."

    The child soon passed away.

    Many in law enforcement said this was one of the worst cases of child abuse they had ever seen.

    “Both the defendants in this case were responsible to his suffering, and led to his death. We believe that the only way to truly seek justice for Braxton's life is to seek the death penalty,” said ADA Panter.

    The case file states Martzall has denied using corporal punishment in the past to discipline the child.

    As for Danker, records show she hit her child with a shoe, plastic spoon and belt.

    http://www.news9.com/story/39279669/...-of-2-year-old
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    Lincoln County couple bound over for trial in child’s death; autopsy report released

    By Kim Morava
    Shawnee News Star

    A mother and her boyfriend charged in the death of a 2-year-old Lincoln County boy have been bound over for trial following their preliminary hearing in the death penalty case and the child’s autopsy report has now been finalized and released.

    The autopsy ruling from the Office of the Chief Medical Examiner shows Braxton A. Danker died from a subdural hematoma due to a beating, with cause of death listed as homicide.

    Braxton, who died May 13, 2018, had significant injuries that were noted during the autopsy, including a subdural hemorrhage, old rib fractures, as well as numerous contusions and abrasions, the report shows.

    Lincoln County prosecutors previously filed a Bill of Particulars to have a death penalty option, upon conviction, against the two charged in the child’s death.

    The toddler’s mother, Judith C. Danker, 19, and her reported boyfriend, Khristian T. Martzall, 27, both face a charge of murder in the first-degree, child abuse.

    Charges were filed in May. During a recent preliminary hearing, enough evidence was found for their cases to proceed and both are now set for follow-up arraignments on Jan. 15. 2019.

    Pottawatomie/Lincoln County First Assistant District Attorney Adam Panter said this was the worst case of child abuse he’s ever seen, adding that the death penalty is the only true justice for the child.

    “Braxton spent his last days of life suffering,” Panter said.

    The death penalty request outlines aggravating circumstances, such as the heinous nature of the crime, and gives a jury an option on whether the death penalty is a possible punishment for the defendants, if they are convicted.

    The child lived with his mother and her boyfriend in Wellston, Panter said, and the mother was reportedly rushing the child to the closest Emergency Room in Edmond when an ambulance met them en route and transported the child, who died a short time later.

    Judith Danker and Martzall both remain jailed while awaiting trial.

    https://www.news-star.com/news/20181...eport-released
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Judith C. Danker was sentenced to 25 years after plea deal.

    https://okoffender.doc.ok.gov/

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    May 9, 2019

    District Attorney Secretary Fired After Leaking Photos Of Deceased Toddler In Lincoln County

    By Bonnie Campo
    newson6.com

    LINCOLN COUNTY, Oklahoma - District Attorney Allan Grubb confirms secretary, Asia Davis, has been fired after taking pictures of a dead 2-year-old, and then sending the photos to her best friend through Snapchat.

    The photos were taken last year by the Medical Examiner’s Office after the death of Braxton Danker.

    The sheriff’s department suspected abuse, after the toddler was found with broken bones and an infection, in which gangrene had set in.

    In May of 2018, Danker’s mother, Judith Danker and her boyfriend Khristian Martzall were arrested for his death.

    “These were six very morbid pictures of a child on an autopsy table,” said Grubb.

    However, Braxton’s alleged murder and the evidence leak, took place before Grubb was in office. He assumed the title of district attorney in January, but said his investigator discovered Davis sent the messages in October.

    “(Trinity Walls) Ms. Walls then recorded that from a different device, and it appears she held on to it for about six months, and then she decided, at some point in the past two or three weeks, to send that to the danker family,” said Grubb.

    He added he cannot speculate on the timing of the release, but he said that those involved share family ties.

    “The Danker family member she sent it to, and Ms. Walls share a father of a child.” Grubb said. “It appears she held on to it from October 2018, until sometime around April 25th of 2019.”

    He said soon after that Davis was fired.

    Now, Grubb wonders if this incident will impact the upcoming jury trial of Martzall, who is facing the death penalty.

    Danker’s mother already took a plea deal in the case. She was sentenced to 25 years in prison.

    “The stuff is out there. I wish it could be deleted. The family does not need to see these photos. The general public does not need to see these photos,” said Grubb.

    The district attorney said this evidence leak appears to be an isolated incident.

    At this point, no criminal charges have been filled.

    He said these actions in no way reflect his office.

    News 9 reached out to Davis, who did apologize for the leak. She released the following statement:

    “I would like to apologize to the family and the community. It was never my intent for any communication about this case to be made public.”

    https://www.newson6.com/story/404424...lincoln-county
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Senior Member CnCP Legend Mastro Titta's Avatar
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    Khristian Martzall's jury trial will start on October 17th, 2022, at 9.00 AM. The State of Oklahoma is seeking the death penalty in this case.

    https://www.oscn.net/dockets/GetCase...067A&cmid=8596

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    June 22, 2023

    'Time served’ recommended in child’s death

    Lincoln County News

    A Lincoln County jury has found a murder defendant guilty of the lesser crime of second degree manslaughter and recommended time served as his punishment.

    The jury returned its verdict against Khristian Tyler Martzall, 32, of Wellston after 1 a.m. following more than eight hours of deliberations.

    Martzall was originally arrested May 15, 2018 about 9 p.m. in the city of Jones for murder, according to an affidavit filed in Lincoln County District Court on May 16 of that year.

    Lincoln/Pottawatomie County District Attorney Adam Panter prosecuted the case along with Assistant DA Ryan Stephenson.

    Martzall’s defense attorneys were Velia Lopez and Gregg Graves. District Judge Traci Soderstrom presided over the case.

    “While I’m disappointed about the conviction for a lesser charge, I do appreciate and respect the jury for their service,” Panter said after the trial. “We put on the best case I think we possibly could have, and hope that we did Braxton Danker proud.

    “At least now there is some finality to this case.”

    Braxton was the two-year-old child who was taken to Integris Hospital in Edmond the night of May 13, 2018, who died that same evening, according to the affidavit.

    Even though Martzall was reportedly charged with murder originally, Panter said former DA Allan Grubb had reduced the charge to Enabling Child Abuse. However, Panter said he amended it back to first degree murder in January of this year.

    Martzall had remained in the Lincoln County Jail since the time of his arrest, Panter confirmed.

    Judith Cheyann Danker, the child’s mother, was charged in Lincoln County District Court with first degree murder in May of 2018. Panter said that charge was later reduced to Enabling Child Abuse by former DA Allan Grubb.

    Court records show that on Apr. 16, 2019, appearing before former District Judge Cindy Ashwood, Danker pleaded guilty to the amended charges as the result of a plea bargain and the Court found Danker guilty as charged.

    Judge Ashwood sentenced her to 25 years in the Department of Corrections, assessed a $500 fine, $150 VCA along with court costs and advised Danker of mandatory post imprisonmentsupervision, recommending three years.

    https://www.lcnok.com/lincoln-county...d-childs-death

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    Oklahoma judge recorded scrolling Facebook, texting while presiding over trial for 2-year-old's death

    By Nolan Clay
    The Oklahoman

    CHANDLER — The new judge's first murder trial was a wrenching one — involving the fatal beating of a 2-year-old boy.

    Prosecutors alleged Braxton Danker, who died on Mother's Day in 2018, had been treated like a punching bag.

    At the trial's start last month, Lincoln County District Judge Traci Soderstrom told the jury to power off or place in airplane mode all electronic devices.

    "This will allow you to concentrate on the evidence without interruption," she said, according to the instructions filed in the case.

    She then got on her own cellphone over and over again.

    Soderstrom, 50, now is is facing scrutiny for scrolling through Facebook and texting on her cellphone throughout the seven-day trial.

    Security videos — obtained by The Oklahoman — show the judge texting or messaging for minutes at a time during jury selection, opening statements and testimony. Once she searched for and sent a GIF — internet lingo for an animated image.

    She also can be seen checking Facebook during the trial that ended with a second-degree manslaughter conviction. She declined to comment because the verdict could still be appealed.

    Judges are prohibited from discussing pending cases, she said.

    The ceiling security camera was moved Monday and is no longer directly over the judge's bench, apparently at her instruction.

    DA: Jurors are banned from using cellphones in the courtroom, judges should be held to the same standard

    District Attorney Adam Panter said he reviewed the surveillance video himself after receiving a tip from courthouse personnel. He said his review found the judge "spent hours of the trial on her cellphone both texting and scrolling through social media."

    "It is both shocking and disappointing," he said. "Jurors are banned from using cellphones in the courtroom during trials because we expect them to give their full time and attention to the evidence being presented. I would expect and hope the Court would hold itself to the same standard required of the jurors, regardless of the type of case."

    The prosecutor said he also was concerned the judge had the camera moved rather than address the issue of her behavior.

    The Oklahoma Council on Judicial Complaints is the state agency that receives and investigates accusations of misconduct by judges. Sheriff Charlie Dougherty confirmed Wednesday he provided videos from the trial to the council at its request.

    Videos show judge holding phone in her lap to text, scroll Facebook

    The 20 videos obtained by The Oklahoman cover stretches from six days of the trial.

    She held the cellphone in her lap, below the top of the judge's "bench," while using it, the videos show. Other times, she set it down in an open pullout drawer. The district attorney said he never saw it.

    On trial was Khristian Tyler Martzall, 32, of Wellston.

    He was charged in the death of his then-girlfriend's son.

    Prosecutors at trial asked jurors to find him guilty of first-degree murder either because he abused the boy himself or permitted the girlfriend to do so.

    Jurors convicted him instead of second-degree manslaughter. They wrote "Time Served" for his sentence.

    Defense attorney Velia Lopez said the judge did a great job.

    "So if she was or was not on the phone, I did not see it," the attorney told The Oklahoman.

    Martzall had been in jail for more than five years.

    The maximum punishment for second-degree manslaughter is four years in prison.At the formal sentencing Tuesday, the judge imposed the maximum but agreed Martzall had already completed his time.

    Before the formal sentencing, the judge warned those in the courtroom they would be held in direct contempt of court if she heard or saw their cellphones.

    What happened at trial?

    Martzall did not testify at trial. He told an investigator in 2018 he had never disciplined the child himself.

    Testifying against him was the victim's mother, Judith Danker. She pleaded guilty to enabling child abuse under a plea deal in 2019. She had been charged with first-degree murder, too.

    She is serving 25 years in prison.

    The judge can be seen on her cellphone extensively during the mother's testimony even when the witness started crying.

    Jurors also were read testimony from the preliminary hearing about the boy being spanked.

    "He wanted to keep playing, and he would get in trouble," a neighbor, Joshua Garrison, had said. "They both disciplined him, yelling at him to get in the house and he would get spankings."

    Jurors were read a transcript of Garrison's testimony from the preliminary hearing because the witness had died. Garrison had said he saw Martzall use a belt on the boy.

    Issue of cellphones in court is a novel one

    The Oklahoma Court of Criminal Appeals has never addressed the issue of a judge texting during a trial. It has long warned judges, though, of the duty at a criminal trial "to be present during each and every stage of the proceedings."

    The appeals court has warned it will throw out a criminal conviction if a judge loses control of the trial by being absent from the bench during proceedings.

    What do other judges do?

    The Oklahoman asked more than a dozen active and former district judges from across the state about their cellphone use in court.

    Most said they don't at all in trial because they must stay alert to rule on objections and come up with appropriate jury instructions. Some said they won't even take their cellphones into the courtroom.

    Others said they have texted only to further court business, like alerting a bailiff a break is coming.

    Investigations by the Council on Judicial Complaints can result in disciplinary actions. The Oklahoma Court on the Judiciary removed an Oklahoma County judge from office in 2020 after a council investigation.

    The council will not confirm investigations are underway because state law stipulates that all proceedings must be held to the same secrecy as those before a grand jury.

    Soderstrom is being represented by a former judge, Tracy Schumacher, The Oklahoman has learned. The attorney would not confirm she has been hired but did make a statement on Soderstrom's behalf.

    It is not unusual for a judge or attorneys to text or email during a trial in today's modern society for court reasons, Schumacher said.

    Soderstrom was elected in November, winning 56% of the vote. She was sworn in Jan. 9.

    She became a lawyer in 2003 and is known for her experience in family law. She said at one candidate forum she has practiced in "just about everything you could imagine."

    The sheriff said cameras have been in place in court for about five years, and the video is monitored by his office.

    "The purpose of them being there is to ensure safety in the courtroom," he said. "There's absolutely no sound on any of them. It's just view only. It just helps. Like, I might just walk through and look and say, 'Man, there's a 100 people in that courtroom. We need an additional uniformed guy over there.'"

    https://oklahoman.com/story/news/202...d/70422443007/

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    An Oklahoma judge could be removed from office for sending more than 500 texts during a murder trial

    A new Oklahoma judge could lose her job for sending more than 500 texts to her bailiff during a murder trial, including messages mocking the prosecutor, praising the defense attorney and calling a key witness a liar

    By Ken Miller
    Morganton News Herald

    OKLAHOMA CITY (AP) — A new Oklahoma judge could lose her job for sending more than 500 texts to her bailiff during a murder trial, including messages mocking the prosecutor, praising the defense attorney and calling a key witness a liar.

    The chief justice of the Oklahoma Supreme Court recommended the removal of Lincoln County District Judge Traci Soderstrom in a court filing Tuesday following an investigation by the state's Council on Judicial Complaints.

    Soderstrom has been under scrutiny since July after she was caught on camera scrolling through social media and texting during the trial of a man accused in the fatal beating of a 2-year-old.

    Soderstrom, who was sworn in on Jan. 9 after being elected in November, was suspended with pay pending the outcome of a hearing by the Court on the Judiciary, which will determine whether to remove her from the bench.

    “The pattern of conduct demonstrates Respondent’s (Soderstrom’s) gross neglect of duty, gross partiality and oppression,” Chief Justice John Kane IV wrote. “The conduct further demonstrates Respondent’s (Soderstrom’s) lack of temperament to serve as a judge.”

    A phone call to a number listed for Soderstrom rang unanswered before disconnecting Wednesday.

    The judge's texts included saying the prosecutor was “sweating through his coat” during questioning of potential jurors and asking “why does he have baby hands?” according to Kane's petition. The texts described the defense attorney as “awesome” and asked “can I clap for her?” during the defense attorney's opening arguments.

    Soderstrom also texted a laughing emoji icon to the bailiff, who had “made a crass and demeaning reference to the prosecuting attorneys’ genitals,” Kane wrote.

    Khristian Tyler Martzall — the man who was on trial while the judge was on her phone — was eventually convicted of second-degree manslaughter in the 2018 death of Braxton Danker, the son of Martzall’s girlfriend, and sentenced to time served.

    Martzall’s girlfriend and the mother of the child, Judith Danker, pleaded guilty to enabling child abuse, was sentenced to 25 years and was a key prosecution witness who was called a liar by Soderstrom during testimony.

    “State just couldn’t accept that a mom could kill their kid so they went after the next person available,” Soderstrom texted, according to the filing from Kane.

    Soderstrom’s texts also included comments questioning whether a juror was wearing a wig, if a witness has teeth and calling a police officer who testified, “pretty," adding, "I could look at him all day.”

    When questioned by the Council on Judicial Complaints, Soderstrom said her texting “probably could have waited” rather than realizing the comments should never have been made. She said she thought, “oh, that’s funny. Move on.”

    Security video published by The Oklahoman newspaper showed Soderstrom texting or messaging for minutes at a time during jury selection, opening statements and testimony during the trial in Chandler, about 45 miles (72 kilometers) northeast of Oklahoma City.

    Kane’s petition also said Soderstrom had previously criticized other attorneys and prosecutors, and berated a member of the courthouse staff.

    Soderstrom should be removed for reasons that include gross neglect of duty, gross partiality in office and oppression in office, Kane wrote.

    The judge's four-year term ends in January 2027.

    https://morganton.com/ap/national/ok...6fe860837.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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