"Baby Jane" MARTINEZ - 8 Months (10/2011) - Brussels/ Green Bay WI

by TomTerrific0420 Tue Apr 10, 2012 12:08 pm

The Brussels woman whose 8-month old daughter died after being left
in a running vehicle outside her home Oct. 19 will face two felony
counts for allegedly causing the infant’s death.Melissa
Lynn Martinez, 33, appeared before Door County Judge D. Todd Ehlers
Monday afternoon with her attorney, Jeffrey Jazgar, arguing to dismiss
at least one of the felony charges.
Jazgar filed a motion
Feb. 20 after Martinez was charged with homicide by intoxicated use of a
vehicle and neglecting a child where the consequence is death.
Jazgar
said the state could not put forth two different theories for basically
the same crime or file for multiplicity of charges.
Door
County District Attorney Ray Pelrine said two different elements make up
the case—both child neglect and intoxication with a motor vehicle that
resulted in the death of her daughter, Elena.
Ehlers found no violation of Martinez’ double jeopardy rights and no multiplicity and denied Martinez’ motion to dismiss.
A
3:30 p.m. June 11 date was set a status/plea hearing but Martinez
reserved the right to a jury trial. A plea recommendation was offered by
the district attorney.
Martinez was arrested after her
daughter was allegedly left for several hours in an overheated sport
utility vehicle parked running in the driveway of her rented mobile home
in Brussels. A medical examiner concluded the child died of
environmental hyperthermia.
Since her arrest, Martinez
completed inpatient treatment for alcohol abuse and is living at a
halfway house as a condition of her bail. Jazgar thanked the court for
its patience and said Martinez has had no slip ups in her
rehabilitation.
Her $25,000 signature bond was continued
Monday. Her bond specifies she cannot have any overnight visits, or have
any contact with her other daughter, drink alcohol, or leave Brown,
Door or Kewaunee Counties.

http://www.greenbaypressgazette.com/article/20120409/ADV01/120409161/Martinez-will-face-both-felonies-infant-death?odyssey=mod|newswell|text|GPG-News|s