The Huntsville Item, Huntsville, TX

Local News

December 8, 2009

Deliberations continue in murder trial



Lengthy deliberations kept the fate of Texas Department of Criminal Justice inmate Jerry Duane Martin up in the air Monday, with the sentencing phase of the capital murder trial continuing today in Centerville.

Martin was found guilty of capital murder early last week for his escape from the Wynne Unit in September of 2007, which resulted in the death of TDCJ officer Susan Canfield.

Sentencing began Dec. 1, with Walker County District Attorney David Weeks and defense attorney William Carter bringing three days of testimony to the jury.

Closing statements from attorneys kicked off proceedings Monday, before the jury were taken behind closed doors to decide whether to sentence Martin to life without parole or the death penalty.

The jury discussed the issue for over five hours before ending the day Monday, and will resume their deliberations at 1 p.m. today at the Leon County Courthouse.

Advocating the death penalty, Weeks and Walker County Assistant District Attorney Jack Choate reminded the jury of their fate as humans to face death in different forms.

“There is a death that comes without explanation,” Choate said. “And we are here today about the death of Susan Canfield and the violent death that was caused by the vicious acts of Jerry Martin.

“Martin has invited death — he has danced with death — all of his life,” he continued. “He is someone who embraces death.

“We have come here today in hopes that promise be delivered.”

Choate and Weeks both brought to light Martin’s tendency toward violence, stating that the inmate was indeed a future danger to the society in which he resides.

“We know Martin has patience,” Weeks said. “He waited 12 years for that one weak moment to make his move, and look what that led to.

“He has shown himself be dangerous.”

State’s attorneys also pointed out that, while Martin was currently classified in administrative segregation, his tendency toward dangerous behavior was not necessarily diminished.

“We have heard testimony that life without parole will keep Martin in that classification for the rest of his life,” Weeks said. “But whose life will we bet on that?

“Martin was not supposed to be out in society on the day of his escape,” the attorney continued. “As we heard in a letter written by Martin, he reveled in his actions. He loves the notoriety and he waits and watches for his next opportunity.

“Your answer to (the death penalty) has to be ‘yes,’” he said. “Let (Martin) face the final responsibility.”

Defense attorneys Carter and Paxton Adams did not rail against the death penalty for Martin, but instead made an appeal to the group to “follow the law” and to “do what they feel is right.”

“Jerry Martin’s fate was sealed when you found him guilty of capital murder,” Adams said. “He is going to die in prison, either in TDCJ or on a gurney.

“His society will be a prison society.”

Carter asked jurors that they not be swayed by the opinions of other jurors in this case, and that each one’s idea of justice be respected.

“Each person has a right to decide what justice is to them,” Carter said. “I beg you to do what you think is right in this case.

“Each one of you stands between Jerry Martin and the gurney.”

The trial of Jerry Martin, which began Nov. 12, is being held at the Leon County Courthouse in Centerville with State District Court Judge Kenneth H. Keeling presiding.

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