Lawyers for Martinez-Guzman Could File Motion to Declare Him 'Intellectually Disabled'
Accused murderer Wilber Ernesto Martinez-Guzman appeared in court on Monday for an update on his case. His lawyers say they may file a motion to declare him intellectually disabled.
Accused murderer Wilber Ernesto Martinez-Guzman appeared in court on Monday for an update on his case.
During the hearing, his lawyers said that they plan to travel to El Salvador, to determine if they should file a motion to have Martinez-Guzman 'declared intellectually disabled.'
Washoe County Public Defender John Arrascada said during court, "We need to obtain court records, medical records [and] school records. Investigate what trauma he may have encountered throughout his life. Environmental factors and exposure that may have affected him prior to his eighteenth birthday."
He says lawyers have been in contact with the Salvadorian consulate virtually since Martinez-Guzman was arrested in Carson City in January.
He says it's unclear how long this will take with all the moving parts and the vast amount of information they need to collect, but says this mitigation is his duty as the public defender in this case. He will determine whether to file the motion after collecting the information.
The other piece of Arrascada's argument for the motion is an IQ test, and that part is already done. He says Martinez-Guzman has an IQ of 66, and it could be lower based in research regarding IQ testing. If the defense files the motion to declare Martinez-Guzman intellectually disabled, the prosecutors are allowed to test Martinez-Guzman again, with the same test.
Meanwhile, public defenders for Martinez Guzman want the high court to dismiss two counts each of murder with a deadly weapon and burglary in the January deaths of Connie Koontz and Sophia Renken in Douglas County south of Carson City.
Last week the Nevada Supreme Court requested information from both prosecutors and defense attorneys to help make a decision on Martinez-Guzman's case.
Lawyers for the 20-year-old Salvadoran man asked the state Supreme Court to overturn a Washoe County judge's ruling last month upholding a grand jury's authority to indict him in Reno for two of the fatal shootings outside the county.
They say a Washoe County grand jury exceeded its jurisdictional powers when it indicted him in March on four murder charges following a week-long killing rampage that ended with the shooting of an elderly couple in Reno.
(The Associated Press contributed to this report.)