JOZLYNN MARTINEZ - 2 yo (2010) - Grand Rapids MI

The mother of 2-year-old Jozlynn Martinez
suspected her live-in boyfriend Jeffrey Malmberg might have been
bruising the child in the days and weeks before the little girl went
missing, court documents show.
On Thursday, Kent County prosecutors and Child Protective Services used Jozlynn's mother's own admissions as reason to keep Consuela Martinez's second child in protective custody at least until April.
Jeffrey Malmberg has been charged in the death of Jozlynn, after
police say he admitted to kneeling on child's chest until she stopped
breathing on Feb. 22, then dumping her body in a garbage bin near the
West Side home he shared with Martinez.
Revelations about Martinez's knowledge of troubling events happening
in her Nagold Street NW home were outlined in court documents released
Thursday after a Kent County Family Court hearing.
"Consuela Martinez had concerns about minor injuries Jozlynn had
recently sustained and she suspected that the injuries had occurred
while Jozlynn was in the care of Mr. Jeffrey Malmberg," said a petition
to keep her younger child, 8-month-old Bryan Malmberg, in state custody.
"Ms. Martinez continued to allow Mr. Malmberg to provide care for
Jozlynn and Bryan in her absence, despite her concerns for Jozlynn's
well-being under Mr. Malmberg's supervision."
Relatives of Martinez, 21, earlier said Jozlynn had bruising
Police have not found the girl's body, despite searching two waste sites.
Malmberg, arrested in Lansing two days after Jozlynn disappeared
from the home, is charged with second-degree murder. Martinez was not
home when the death happened, police said.In a clearly awkward situation Thursday, Malmberg sat near Martinez
and John Rittenhouse, the father of Jozlynn, at a court hearing.
Malmberg was in handcuffs and a jail uniform, surrounded by Kent County
court security.
Prosecutors want to terminate Malmberg's parental rights to Bryan,
but say they hope to reunite the child with Martinez after parenting
classes and other possible treatments.
After the brief hearing, Family Court Referee Deborah McNabb ordered
Bryan to be placed in foster care, with supervised, two-hour-per-week
visits by Martinez. At the request of prosecutors, McNabb ordered
Rittenhouse to stop staying with Martinez at her home.
Prosecutors did not explain that request, but the Family Court
petition says Rittenhouse, 26, had his parental rights terminated to
another child in Arizona, where he now lives. He returned to Michigan
recently after learning about Jozlynn's disappearance.
Rittenhouse also has admitted he has a bench warrant against him for
failing to pay child support to another mother in Kent County.
He was admittedly upset by the order.
"I'm just agitated. I'm the only one keeping (Martinez) sane right now, and they are taking that from her," he said.
While Martinez left the courtroom Thursday without comment,
Rittenhouse talked briefly while waiting for her to finish discussions
with her attorney, Lou Hoos. He was admittedly disturbed by Malmberg's
presence.
"I felt him staring at me," he said. "I just wanted to jump up and
hit him. I tried to avoid looking at him because I knew it was going to
get my anger up."
In the petition to remove Bryan from Martinez's home, Child
Protective Services staff alleged that she knew Malmberg was using
marijuana and cocaine in the home, with the children there, "but did
nothing to intervene in Mr. Malmberg's illegal habits."
The petition also alleged she occasionally used marijuana and
admitted to being diagnosed with bipolar and post-traumatic stress
disorder, but was not using her medication in the last several months.
Kent County Assistant Prosecutor Vicki Seidl said parenting classes
and possible mental health and drug issues could be part of a treatment
plan for Martinez.
"The entire goal is to reunite her with the child. There are just some issues that need to be corrected," Seidl said.
Another hearing to discuss custody of Bryan is scheduled for April 16 before Judge Nanaruth Carpenter.
Hoos, attorney for Martinez, said he thinks she is doing "very well."
"I can't imagine how I would feel going through this," he said. "She
has experienced more emotions in her short life than a lot of people
have in a lifetime."

GRAND RAPIDS — About 50 people trying to keep candles lit huddled in
Rosa Parks Circle on Saturday night to remember the light Jozlynn Mari
Martinez brought into the world.
Jozlynn’s father, John Rittenhouse, who organized the vigil, said he
would like to keep believing Jozlynn’s light has not been snuffed out,
but hope is fading.
Jozlynn Martinez, 2, has been missing nearly three weeks. Her
mother’s live-in boyfriend, Jeffrey Malmberg, has been charged with her
murder. Malmberg told police he kneeled on the girl’s chest until she
stopped breathing, then disposed of her body in a Dumpster, though an
intensive police search of a Kent County landfill did not produce a
body.“It’s tough for me knowing that I wasn’t there for her like I should
have been,” said Rittenhouse, who lived most of Jozlynn’s two years in
Arizona. “I wish I had stayed here and been active in her life.”
Rittenhouse said he met Malmberg only once. Last July, both were
lodged in the Kent County Jail — Rittenhouse for failing to pay child
support for an older daughter and Malmberg for violating a personal
protection order.
“He was cold,” Rittenhouse said. “He had no emotions.”
Rittenhouse and Connie Martinez, Jozlynn’s mother, stood arm-in-arm
during the brief vigil, conducted by The Rev. Sean Letorneau of the
Universal Life Church.
“This is so hard to handle because Jozlynn was happy child who never
failed to bring a smile to the face of everyone she met,” Letorneau
said. “We believe she is with God in a place where she will never be
hurt again.”Several people spoke about the need to protect children, and some were
critical of police for calling off their search for Jozlynn’s body.
Martinez did not speak publicly, but said it was soothing to gather
and remember Jozlynn.
Donation canisters have been placed at a few area businesses for
funeral expenses.
The family hopes to ceremonially bury some of Jozlynn’s favorite
things, although no date has been set, Rittenhouse said.

The family of a missing Grand Rapids girl held a vigil Saturday in
her honor.
Two year old Jozlynn Martinez disappeared nearly three weeks ago and
is now presumed dead.
Police looking for Jozlynn's remains ended their search at a Kent
County landfill on Wednesday, after failing to find Jozlynn. The search
started several weeks earlier after accused killer Jeffery Malmberg
allegedly admitted to throwing her body in the trash. Evidence
suggests the little girl's body may never be found.
Saturday's vigil is the closest thing the family has had to closure.
"It is real hard because we still have not found her body yet. We all
still want to believe she is alive," said Sean McLetourneau, a minister
and family friend who lead the vigil prayer. "It is hard for all of us
who knew Jozlynn to handle this."
The family was expecting several hundred people to show up at Rosa
Parks Circle for the emotional ceremony, based on the number of
supporters expressing interest on their Justice for Jozlynn Martinez
Facebook page. Instead, turnout was closer to about 50 people. Connie
Martinez, Jozlynn's mother, says she appreciates everyone who came.
"Having the family and everybody here to remember her is a big deal
because she touched everybody's lives," she said. "She was just the
light of everybody's life. She could just walk down and smile and she
had everybody's heart at hello."
Through tears and hugs, members of the crowd shared stories of
Jozlynn, trying to keep her memory alive. At the same time, her parents
prayed for closure so they could begin the healing process.
"This is just one step in it," said Martinez.
"This really brings it home how much one little child can impact the
whole community. Someone you don't even know. We've gotten so many
people that have been by our sides though this," said John Rittenhouse,
Jozlynn's father.
Jean and Bruce McRobert were among the strangers saddened by the
tragic death of Jozlynn. They said they came to help in what small way
they could.
"I'm here because I felt sorry for the mother and daughter and I just
want to come here and show support even though I don't know them," said
Bruce McRobert.
His wife, Jean, says she is heartbroken to think how the little girl
may have suffered.
"I can't even imagine. I can't imagine," she said, while hoping to
extend words of sympathy to the parents. "We love you and we are here to
support you. We care about you."
Noticeably absent was Connie Martinez's infant child, Bryan, who was
removed from her care in the wake of Jozlynn's disappearance and death.
She says it would have meant the world to have him there to say goodbye
to his sister.
"It would have meant a lot. Every time she woke up, she would give
him a little peck on the head and he would smile and I know he misses
her so much right now," she said, with tears streaming down her face.
Rittenhouse, who lived in Arizona for most of his daughter's life,
says one of the biggest challenges for him is living with regrets.
"It is tough for me knowing I wasn't there when I should have been
there all these years. For me it hits me really hard. It is hard for me
to deal with this," he said. "After tonight, all we can do is sit back
and wait and see what goes on with the trial. I want justice. That is
what I really want."
Jeffery Malmberg, Martinez' former live in boyfriend, is in jail on
charges including second degree murder. He is due back in court later
this month.
The family says they are still trying to raise money to bury Jozlynn
in case her body is found, or at least to have some type of funeral
ceremony where they can bury keepsakes of hers. Her father says without a
body, it could take up to ten years to get a death certificate.

A West Michigan man will stand trial on murder charges for the disappearance of a toddler.
Two-year-old Jozlynn Martinez hasn't been seen since February 22^nd. Detectives say Jeffrey Malmberg
has admitted to killing her and disposing of her body.
Tuesday saw testimony from Jozlynn's mother and a taped confession from Malmberg.
The big news to emerge on Tuesday was the fact that Jozlynn's murder happened around 6:00 pm in the evening that
Monday in February, a full 15 hours before her mother noticed she was missing.
Consuela Martinez, Jozlynn's mother, says
she left her kids with Malmberg to run an errand on that night around
6:00 pm. She said she was gone a short time, and when she came home she
didn't notice her daughter was missing, and didn't check on her.
Martinez said she thought Malmberg had
put Jozlynn to bed, and even fooled her by acting like he was talking with the girl.
“He had the door open and he sat at the
end of the bed,” said Martinez, “told her, 'you gotta go night night, love you, night night.”
Prosecutors believe that Jozlynn was
killed while her mother was gone, but initially Malmberg only admitted
to dumping her body in the trash.
Malmberg stuck to his story that Jozlynn
had fallen down the steps and that he dumped her body in the trash, but
Martinez didn't believe it.
“Jozlynn didn't like to go down the
stairs,” said Martinez. “She fell down them once, she wouldn't even, she
didn't like holding the rail to go down them, I always had to pick her up and take her.”
After nine interviews with police,
Malmberg admitted to suffocating Jozlynn by putting his knee on her chest.
What has struck many as outrageous is the
way Malmberg acted after killing Jozlynn, going to buy drugs, cocaine
and marijuana, and having a bit of a party inside the apartment as if
nothing had happened.
Martinez says she was part of that party
for only a short time, and only smoked marijuana, no cocaine. Ultimately
she says she went to bed thinking that her daughter was sleeping while
others shared the drugs.
The most emotional moment of Tuesday's
hearing came when a recording of Malmberg's confession was played in court.
“I put my knee on her chest,” said
Malmberg in that confession. “I restrained her and I got up on my knee
and put a little pressure on it.”
Malmberg says he was trying to restrain
Jozlynn because she was acting out, he says she was crying, screaming,
kicking, and punching him in her room next to her toy box.
Malmberg says he wanted Jozlynn to calm
down and thought putting his knee on her chest would do the trick, he
said he did that for up to 45 seconds.
“She just started gasping for air and her
breathing slowed down, and then there was no life in her,” said
Malmberg in the confession. “She was staring up at me with open eyes. I
held her for a couple of minutes, put her in her bed and covered her up.”
Malmberg said Jozlynn's death was an
accident, and told detectives he put her back in her bed because he was scared.
When the recording of Malmberg's
confession was played in court, people began weeping. Friends and family
of Martinez later expressed their outrage.
“I was really furious, I wanted to jump
across the table and break his neck to be honest” said family friend
Cheryl Paulsen. “That just broke my heart, how could you not think
putting a knee on the chest of child is not going to hurt it? It's a baby.”
Malmberg's defense attorney is likely
going to try to have that confession thrown out as evidence.

The trial of Jeffrey Malmberg, accused of killing 2-year-old Jozlynn Martinez and disposing of her body, gets underway Monday with the selection of a jury.



In February, an Amber Alert was issued for Jozlynn. The investigation escalated, and Malmberg was arrested days later. Police say he has admitted to kneeling on Jozlynn inside a Grand Rapids home once he shared with a girlfriend -- now ex-girlfriend -- Connie Martinez. He also has said he disposed of the girl's body after she died. It was never found, despite days of searching. Malmberg, 30, refused a plea deal in May.

The murder case against Jeffrey Malmberg is set to begin Tuesday morning. He is accused of killing his girlfriend's 2-year-old daughter, Jozlynn Martinez, in February, and throwing the body in the garbage. Jurors were selected Monday and lawyers questioned them if they could make a fair judgment despite hearing the details of the case in the media. The prosecutors asked would-be jurors if they would be able to reach a verdict in the case based upon circumstantial evidence -- that is likely because Jozlynn's body was never found. Opening statements are expected Tuesday.

The trial of Jeffrey Malmberg, accused of killing and dumping 2-year-old Jozlynn Martinez in the trash, continues in a Grand Rapids courtroom for a fourth day Friday. The defense admits Malmberg killed the girl, but never intended to hurt her. Emotional recordings were played in court on Thursday between Malmberg and Jozlynn's mother, Connie Martinez. On the tape, Martinez told Malmberg she wants him to hurt the way Jozlynn was hurt.

Jeffrey Malmberg is going to jail.A Kent County Jury needed only 3 hours Monday to reach a verdict in the killing of 2-year-old Jozlynn Martinez.The guilty verdict on a second degree murder charge was what the prosecutor had been seeking. It could mean up to life with a chance of parole.Malmberg was also found guilty of larceny for taking his girlfriend's tax return that same night, and tampering with evidence for disposing of her body in a dumpster.The little girl's body has never been found.The family is satisfied with the verdict because they felt Malmberg showed no remorse."To me he was just like 'oh well, I did it, so what,' and he's got his now. We can only hope the judge will sentence him to the max," family spokesperson Cheryl Paulson said.

The family of 2-year-old Jozlynn Martinez is glad the jury found Jeffrey Malmberg guilty, but they still have unanswered questions.

"Connie wants Jozlynn so she can lay her to rest," said Cheryl Paulsen, the child's godmother. "That's all Connie wants. She said it is a little bit of closure, but it won't be until she can get her little baby home."

It took the jury less than three hours of deliberating before they found Malmberg, 40, guilty on the three charges he faced: second-degree murder, larceny and tampering with evidence.

Jozlynn died Fed. 22. Despite searches through Dumpsters and landfills, her body has not been found.

Malmberg, the former boyfriend of Jozlynn's mother, Connie Martinez, admitted during the trial he put his knee on the toddler's chest and then disposed of her body. But he didn't mean to kill her, he said.

"I didn't think I did anything major to hurt her," Malmberg said. "I wasn't trying to hurt her. I wasn't trying to hurt her."

His sentencing is set for November.

His lawyer, Jeffrey Kirchhoff, indicated he hadn't yet discussed it with his client but said he expects Malmberg to appeal.

"He showed no remorse," Paulsen said. "To me, he was like, 'oh well, I did it, oh well' -- and he's got his now. We can only hope that the judge will see and sentence him to the max."

Jeffrey Malmberg sentenced to 30 to 90 years in prison for killing Jozlynn Martinez, 2



GRAND RAPIDS -- Jeffrey Malmberg will spend 30 to 90 years in prison for killing 2-year-old Jozlynn Martinez on Feb. 22 and tossing the little girl in a Dumpster like she was so much garbage.

"Everything from the age of 3 until she is an adult, I will not be able to share those memories," said Connie Martinez, the mother of the slain child, before Judge Donald Johnston pronounced his sentence Tuesday. "(Malmberg) doesn't have compassion in his body to cry or mourn."

Read more.......
http://www.mlive.com/news/grand-rapids/index.ssf/2010/11/jeffrey_malmberg_sentenced_to.html

GRAND RAPIDS (WZZM) - The mother of a murdered two-year-old girl has lost custody of her other child.
The state took Connie Martinez's one year old son when her older daughter, Jozlynn was murdered last winter.
In a custody hearing this morning, a judge terminated Connie's parental rights.
In December, the judge gave Martinez more time to improve her life so
she could regain custody of her son, but she did not meet those
demands.
Martinez's former boyfriend, Jeffrey Malmberg killed two year-old
Jozlynn Martinez last February. He is currently serving a life term in
prison.
Jozlynn's body was never found.
http://www.wzzm13.com/news/article/154048/14/Mom-of-slain-girl-loses-custody-of-son

Posters note: I'm shocked they were even considering giving her back custody of her son.