Found Deceased VT - Roberta Martin, 82, neigh went to check on her and didn't find her at home, suspicious, Enosburgh, Franklin County, 16 Jul 2024 *arrest*

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With all due respect, life without parole is not benevolent. He will pay his dues here. We don't let murderers go free in Vermont. Granted, we don't have a death penalty. But neither does Canada, so crossing international lines is probably irrelevant in this case. I know we all have different opinions on the death penalty, but life without parole is not a walk in the park. I do wish he was already in prison for his pending cases so this would never have happened though.
And I do not think he will treated well in prison. Prisoners have mothers and granmpthers too
 
This article has way more information that I had not seen before.
I cant believe his public defender made this remark

'

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge.

 
This article has way more information that I had not seen before.
I cant believe his public defender made this remark

'

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge.

Lots more indeed. I understand the legal argument, but it’s vile to go there when you know it’s baseless. Especially when the family is in the courtroom.

She didn’t willingly have sex with a guy who broke into her house through an AC opening!

Did she burn and hide her own body too?
 
This article has way more information that I had not seen before.
I cant believe his public defender made this remark

'

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge.

Absurd, offensive, and ultimately, unbelievable defense tactic.

The consolation is the jury will find it absurd, offensive, and unbelievable too.

jmo
 
Might have to wait a littler longer for the charging documents to become public.

Franklin County State’s Attorney Bram Kranichfeld, the prosecutor, said he believed enough evidence was contained within the filing to support the aggravated murder charge and said he expected to “soon” file an additional affidavit providing information from the medical examiner’s office regarding Martin’s cause of death.


He agreed to remove from the charging documents, at least until the supplemental affidavit was filed, the reference that Martin had been killed by “smothering and blunt trauma.”
 
Absurd, offensive, and ultimately, unbelievable defense tactic.

The consolation is the jury will find it absurd, offensive, and unbelievable too.

jmo
Bbm.
If I were sitting on that jury, I'd certainly agree !

Rest in eternal peace, Roberta !
So sad that she lived that long, only to meet a hideous fate.
Omo.
 
“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge.
Here's a suggestion, Chase: I know you're a defense attorney and zealous defense and all that, but how about just not saying anything to the media of this nature?

MOO.
 
Absurd, offensive, and ultimately, unbelievable defense tactic.

The consolation is the jury will find it absurd, offensive, and unbelievable too.

jmo
The four corners of each page of the affidavit do not explain how it is known that 82 year old Roberta Martin did not have consensual sex with the 23 year old man who entered her house in the middle of the night through the window.

The defence lawyer must be looking for evidence that the victim said no in a manner that the 23 year old Break and Enter intruder understood. It sounds like some lawyers think they can argue home invasion for consensual sex.

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge."

 
On the subject of many FB accounts, I believe the reason is if you try to log into fb on a new device, it wants to send a code to your phone number to verify your identity. If your phone is constantly getting turned off or your number is changing because of losing and then obtaining new prepaid phones, you can't log into the old account and must create another.
 
The four corners of each page of the affidavit do not explain how it is known that 82 year old Roberta Martin did not have consensual sex with the 23 year old man who entered her house in the middle of the night through the window.

The defence lawyer must be looking for evidence that the victim said no in a manner that the 23 year old Break and Enter intruder understood. It sounds like some lawyers think they can argue home invasion for consensual sex.

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge."

Juries (and the public) are allowed to use common sense. Common sense says that an 82 year old woman did not have consensual sex with a 23 year old man who broke into her house in the middle of the night and then killed her.

jmo
 
Let me get this straight.

He broke in, raped and killed Roberta. He then used a dolly to move her body next door where he then burned her body. After that he took her body (in parts it sound like) and disposed of them.

Did no one see a fire in the middle of the night?
 
The four corners of each page of the affidavit do not explain how it is known that 82 year old Roberta Martin did not have consensual sex with the 23 year old man who entered her house in the middle of the night through the window.

The defence lawyer must be looking for evidence that the victim said no in a manner that the 23 year old Break and Enter intruder understood. It sounds like some lawyers think they can argue home invasion for consensual sex.

“Additionally, while there is a probable cause for a sexual act based on the DNA, within the four corners of the affidavit there’s no evidence of non-consensual sex,” Chase told the judge."


True, this was a gasping comment by the defense but Counsel (Roberta Chase) was technically correct given the state forensic lab notified state police it only had “preliminarily determined” that a DNA sample of sperm taken from the victim’s body matched DNA taken from Martell.

In other words, the defense was pointing out how charges for aggravated murder appeared premature to the defense without DNA confirmation, stated evidence of a perpetrated sexual assault by the defendant, and cause of death provided within the police affidavit.

In response, the Prosecutor agreed to remove from the charging documents, at least until the supplemental affidavit filed, the reference that Martin had been killed by “smothering and blunt trauma.”

To be clear, we're at a disadvantage not having seen the skinny police affidavit but I'm sure the defense wanted it on record (at the arraignment) that the Defendant had been held without bail since Monday (7/22) on a charge of lewd and lascivious conduct, generally a nonperson misdemeanor, so jumping the gun with the most serious, aggravated murder charge, in advance of ready documented evidence shared with the defense-- could be encroaching on the defendants civil rights.

And I believe the Court showed the community it was sensitive to defense counsel's statement by denying Chase’s challenge, and finding there was still enough information within the four page police affidavit to support the aggravated murder charge.

Nonetheless, I think it's good to get these technicalities on the record early because this is not the case anybody wants where the Prosecution gets their hands tied over criminal procedure-- resulting in inflicting additional pain on an already hurting community. MOO
 
Let me get this straight.

He broke in, raped and killed Roberta. He then used a dolly to move her body next door where he then burned her body. After that he took her body (in parts it sound like) and disposed of them.

Did no one see a fire in the middle of the night?
And nobody else living on the property with him noticed anything strange occurring for days
 
New member here, native Vermonter who lived and owned a business with my late husband in a neighboring town to Enosburg for 40+ years. Was not personally familiar with Roberta although am familiar with her extended family.
<modsnip - off topic>

I am sure that the area where Roberta was found had previously been search by agencies and people involved in the search activities. I have so many many questions that keep swirling in my mind.

The VSP did an outstanding job of investigating and solving this case unlike the Briana Maitland case that occurred in a neighboring town that remains unsolved.

<modsnip - off topic>
 
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