On Tuesday, April 21, Denver Judge Andrew Luxen vacated the murder conviction of Stephen Martinez and dismissed the charges against him after new evidence showed the infant he was convicted of murdering had a pre-existing respiratory illness that caused her death.
Although Mr. Martinez had no prior violent criminal history, called 911 and attempted lifesaving measures, he became a suspect. During a late-night interrogation, he made self-incriminating statements that he later recanted.
In January of 2000, a jury convicted Martinez of “First-Degree Murder – Knowingly Causing the Death of a Child Under 12 When in a Position of Trust” in connection with the death of four-month-old Heather Lynn Mares. Martinez was sentenced to life in prison without the possibility of parole.
The court’s ruling follows years of investigation and advocacy led by Korey Wise Innocence Project (KWIP) at the University of Colorado Boulder Law School with support from Stinson LLP, including Perry Glantz and Judith Araujo, along with Seth Temin.
“This case is a tragedy on every front,” said Jeanne Segil, assistant director of KWIP. “A four-month-old girl died. A grieving family thought they found justice for their loss. But the system failed them and Mr. Martinez. We now know he did not cause the baby’s death – yet he lost over 27 years of his life imprisoned for a crime he did not commit.”
“The Korey Wise Innocence Project presented my office with multiple credible medical experts who challenged the initial determination that Heather’s death was caused by physical abuse,” said District Attorney John Walsh. “After receiving that information, my office retained independent experts whose opinions largely confirmed those of the defense experts… in light of the compelling evidence now available, we did not oppose the Innocence Project’s motion to vacate Martinez’ conviction and, unable now to meet our ethical and legal burden of proof beyond a reasonable doubt, we were obliged to dismiss the case,” said DA Walsh.
“It’s hard to find the right words on a day like this,” Mr. Martinez said. “After more than 27 years in prison for a crime I did not commit, I am finally free. I am looking forward to reuniting with my family and rebuilding my life.”