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Thread: Gabriel Martinez Found Guilty in Murder For Hire Case

  1. #1
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    Gabriel Martinez Found Guilty in Murder For Hire Case

    Montco brothers face death penalty for murder


    NORRISTOWN — The Montgomery County District Attorney’s Office is seeking the death penalty for Gabriel Martinez-Lopez and Jose Martinez-Lopez, two brothers accused of kidnapping, torturing and killing 32-year-old Jose Armando Olarte in April.

    Gabriel Martinez-Lopez, 21, was allegedly hired by the victim’s wife, Delia Hernandez-Cortes, now 28, to kill her husband. Martinez-Lopez recruited his 26-year-old brother to help him, according to court papers.

    The three defendants and the victim, all Mexican nationals, were in the United States illegally.

    The two men allegedly abducted Olarte from his Collingdale, Delaware County, home at gunpoint on the evening of April 8, forcing him into the back of a covered pickup truck bed, and drove him to the brothers’ residence in Upper Merion, where they smashed him repeatedly in the head with a large block, prosecutors said.

    Other felonies prosecutors alleged were committed during the commission of the murder, called aggravating factors, compelled the district attorney's request for capital punishment. The aggravating circumstances include murder solicitation, robbery, kidnapping, possessing a firearm and torture.

    “On top of, and in addition to, the intent to kill, both (brothers) had the intent to inflict severe pain, which is the definition of torture,” said Assistant District Attorney John Gradel, who is prosecuting the case.

    Though Hernandez-Cortes and Gabriel Martinez-Lopez were first described as romantic lovers who plotted to kill her husband, Gradel said investigators determined the woman was coerced into having sex with the brother, whom she met at a Norristown restaurant where she was employed.

    “This was done only for money,” he said. “There is evidence that the two — the wife and Gabriel — engaged in sexual intercourse, but it was done basically without her consent.”

    When Olarte was murdered, the prosecutor said the woman was involved romantically with another man not connected to the contract killing.

    “And at the time (the murder) was done, Gabriel was married to another woman, and Delia had a (different) boyfriend on the side,” he said. “So I don’t believe for one second this was done for love.”

    The abuse Hernandez-Cortes reportedly suffered at the hands of her husband kept the district attorney’s office from seeking the death penalty for her.

    “Her husband beat her both physically and (abused her) mentally,” Gradel said.

    During the negotiation to commit murder, Hernandez-Cortes reportedly gave Gabriel Martinez-Lopez $500, and he bought a handgun in Norristown. Later, she agreed to give him the couple’s truck as payment for the killing, according to authorities.

    After Olarte was abducted, the two men reportedly drove around pondering their next move. The brothers ended up at their house on Heritage Lane in King of Prussia, court records show. The victim was then ordered into the detached garage opposite the house and ordered to his knees.

    As Olarte pleaded for his life, Gabriel allegedly hit the man over the head three times with one of the hefty ornamental bricks that line the property’s driveway, and when the victim fell facedown on the floor, the 26-year-old brother took the same brick and threw it at Olarte’s head.

    On April 9, Upper Merion police discovered the dead man’s battered body partially concealed under a pine tree on Walker Lane in the Brandywine Village neighborhood, about a mile from the brothers’ house.

    The defendants are scheduled to be arraigned Friday at 9:30 a.m. in the courthouse.

    http://pottsmerc.com/articles/2010/06/22/news/doc4c20b2d6f367a210302097.txt

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    2 men plead not guilty in Pa. slaying of husband

    NORRISTOWN, Pa.—Two brothers have pleaded not guilty to killing a man at the urging of his wife.

    Montgomery County authorities allege Gabriel Martinez-Lopez was hired for the murder by Delia Hernandez-Cortes, and they recruited his brother, Jose, to help.

    All three are illegal immigrants from Mexico.

    Authorities say Jose Armando Olarte was kidnapped April 8 from his home in Collingdale, Delaware County, and driven to the brothers' Upper Merion home, where he was beaten to death with a landscaping rock.

    Authorities are seeking the death penalty for the men but not the woman, who investigators say was abused by her husband.

    She waived her hearing Monday, when the men pleaded not guilty.

    A trial for the three defendants is set to begin Oct. 18.

    http://www.yorkdispatch.com/pennsylvania/ci_15400027

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    Jury trial date set for Gonzalez brothers

    Porterville residents Rafael “Rafa” Gonzalez, 19, and his brother Jose Gonzalez, 22, are set for trial for the alleged May 2010 slaying of Erick Andrew Garcia.

    According to Assistant District Attorney Shani Jenkins, on Feb. 7, 2012, a 12-person jury will be presented with all evidence and witness accounts pertaining to the case and determine if the brothers are guilty of murder.

    Rafael is accused of shooting Garcia several times in the upper torso as Garcia walked out of a local convenience store on May 17. His brother, Jose, was also present at the scene that day.

    Each is charged with one count of murder, with a special circumstance that the murder was committed while being an active gang member, and the special allegations for the use of a firearm causing death and that the act was committed for the benefit of a criminal street gang.

    Both have entered not-guilty pleas and have denied all special allegations.

    Prior to the jury trial, the two are scheduled for a pre-trial appearance on Oct. 18 for either attorney to check on the status of the case.

    Jenkins estimates the Gonzalez brothers’ trial will be a 10-day trial.

    If convicted, the two may face the death penalty or spend life in prison without the possibility of parole.

    http://www.recorderonline.com/news/p...-brothers.html

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    Martinez found guilty of 1st-degree murder in 2010 Upper Merion killing

    At the end of a two-day trial and an hour and a half of deliberation, a jury found Gabriel Martinez, 25, guilty of murder in the first degree Wednesday in the 2010 killing of Armando Olarte in Upper Merion.

    Martinez’s court-appointed attorney, Frank Genovese of the law firm Mullaney and Mullaney, said the prosecution had a strong case against Martinez, and he did not know if his client Martinez wished to appeal the decision.

    “We haven’t talked about it,” Genovese said. “The case itself was very clean.”

    Genovese went on to say he was not surprised by the verdict.

    Along with murder in the first degree, Martinez was found guilty of two counts of kidnapping, robbery, criminal conspiracy, solicitation of murder and a person not to possess a firearm. Delia Cortes, Olarte’s wife, and Martinez’s younger brother, Miguel Martinez, 21, pleaded guilty in May third-degree murder for their involvement in Olarte’s death.

    “The evidence was overwhelming against this individual,” Assistant District Attorney John Gradel said after the verdict was read.

    During closing arguments, Genovese offered the jury an alternative verdict to first-degree murder.

    “We know Armando is dead and we know my client’s actions led to his death,” Genovese said.

    Genovese explained to the jurors he did not believe the testimony laid out Tuesday by Cortes, who said Gabriel Martinez came to her with the idea of killing her husband, but even if the jurors believed Martinez’ version of events, they could have still convicted him of second- or third-degree murder.

    “If one thing is clear, it’s that my client never came up with the plan,” Genovese told the jurors during closing arguments.

    Gradel presented a different interpretation of events during closing arguments.

    “You don’t get a more specific intent to kill. The only reason he bought a gun was to kill,” he said.

    According to the affidavit of probable cause, Miguel Martinez held Olarte at gunpoint on the ground while Gabriel went outside and got a brick to hit him on the head with.

    “He hit him six times,” Gardel said. “Does it get any clearer?”

    The younger Martinez also hit the victim with the brick that ultimately killed him.

    During the trial, Cortes testified that Gabriel Martinez had approached her with the idea of killing her husband after he had taken her out of her home in Collingdale because she was being abused. She told jurors she was scared of Martinez, which is why she did not tell police someone wanted to kill her husband for her.

    Martinez testified Wednesday that Cortes approached him with the idea to kill her husband three weeks before the murder. He said she had asked if he could kill her husband. He also testified she had been looking for people in from Philadelphia to do it, but the cost to have her husband killed was out of her price range. He told jurors that Cortes asked him to kill her husband.

    On April 9, 2010, police were called to the 100 block of Walker Lane in King of Prussia for a report of a body lying on the side lawn of a property.

    Police determined Cortes had met Martinez while working at La Pablonita, a Mexican restaurant in Norristown, and the two had come up with a plan to kill Olarte because he had been abusive towards Cortes. Phone records revealed Cortes called Martinez several timed on April 8, 2010, and further investigation showed she called Martinez again April 9 to ask if the job was done.

    On April 27, police used the phone records to interview Martinez. According to the affidavit of probable cause, Martinez claimed to not be involved in the murder. Later on April 27, he told police that after kidnapping Olarte outside of his home in Collingdale a little after midnight, he and his brother drove around trying to find a place to shoot Olarte and then dispose of his body. They later decided to return to their home on the 300 block of Heritage Lane. They took the victim out of the bed of the truck they were driving and into their garage. They ordered him to lie face down. According to the affidavit of probable cause, Martinez grabbed a large brick and threw it at the back of the victim’s head.

    Martinez will be sentenced at a later date. In pre-trial hearings the defense was able to get the District Attorney’s Office to throw out the death penalty. According to Gradel, Martinez is facing a mandatory sentence of life in prison without the chance of parole. Cortes and Miguel Martinez will also face formal sentencing at a later date.

    http://mainlinemedianews.com/article...mode=fullstory
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