Trial Set To Begin For Man Accused Of Kidnapping And Burying Victim Alive
RIVERSIDE (CBS) — Trial is expected to begin Friday for a man accused of kidnapping a court clerk and holding the man for ransom, then burying him alive when the defendant and his coconspirators didn't get what they wanted.
Oscar Ortiz Martinez, in the country illegally, could face life in prison without the possibility of parole if convicted of first-degree murder and a special circumstance allegation that the crime occurred during a kidnapping for the March 2008 death of 45-year-old Orlando Duarte of Corona.
Duarte's remains were found in the backyard of a Moreno Valley house.
His head had been covered in duct tape; he had been bound with electrical cords; and had been buried under three feet of soil.
According to pathologists, Duarte was still breathing when he was put underground and died of asphyxiation.
The prosecution and defense informed Riverside County Superior Court Judge Roger Luebs Tuesday that they were ready for trial, and the judge scheduled proceedings to begin by week's end. Opening statements are expected next Wednesday or Thursday.
Martinez, a 29-year-old Mexican national, is being held without bail at the Robert Presley Detention Center in Riverside. There's a U.S. Immigration and Customs Enforcement order specifying that he is to be deported, depending on the outcome of his trial and whether he goes to prison.
Charged along with Martinez are Arturo De Oca and Cinthya Janeth Rodriguez, both of whom remain at large, believed to be hiding in Mexico, according to police.
During a four-day preliminary hearing for Martinez in January 2009, testimony revealed that Duarte and Rodriguez were romantically involved. The two had known each other about six months before Duarte was killed.
The Orange County Superior Court clerk had met De Oca, but apparently didn't know Martinez, according to witnesses.
De Oca had been married to Rodriguez's sister, and Martinez had been in a relationship with Rodriguez, according to Deputy District Attorney John Henry.
The trio allegedly plotted to kidnap Duarte for ransom. On March 15, 2008, the victim returned to his Corona home from Irvine and was allegedly waylaid by De Oca and Martinez, according to investigators.
Duarte was taken to another location and forced to make several phone calls to his family, during which he begged them to pay a $2 million cash ransom, according to testimony. The amount was dropped to $1 million, but the most the family could get together was $10,000.
De Oca allegedly placed one call, threatening to chop Duarte into pieces unless the kidnappers' demands were met.
Duarte's body was unearthed March 19, 2008 behind a home in the 24700 block of Atwood Avenue. FBI and Corona police detectives had been tipped off to search the location.
According to court documents, De Oca had been renting a house nearby.
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