Alexander Rey Martinez

Case record: Alexander Rey Martinez

Background

Alexander Rey Martinez was convicted in the trial court, Harris County, Susan Brown, J., of capital murder, and he was sentenced to death. He later appealed.

Martinez was 45-year-old Helen Joyce Oliveros’ killer and he also slashed his stepmother’s throat in an unprovoked attack in August 2001, but she survived.

Martinez was adopted when he was 15 months old. He told officials that his adoptive mother, Velma Griffin, raised him for the next 7½ years and sexually abused him and beat him “every night until [her] hands hurt and she had to stop.” Griffin denied Martinez’ allegations. Griffin routinely attempted to visit him on death row, but he rebuffed her each time.

A Houston Chronicle account described that Martinez dropped out of the ninth grade and that his adolescence and young adulthood were marked by continual violent skirmishes, with only three years during which he was free of the criminal-justice system. Martinez said: “I always looked at it like everybody owed me something.” He said: “My mentality was not giving a damn. I couldn’t see myself in the world for some reason. I was mad all the time. ... I always thought that I could go right someday. I always thought that things would work out for the best. And all the time I was getting further in the hole.”

A psychiatrist and psychologist examined Martinez about his competency to waive appeals. Dr. Seth Silverman wrote after examining Martinez to determine his competency to waive appeals:

“He is among the most dangerous individuals this forensic psychiatrist has evaluated.
He has taken pride in his short temper and proclivity to extreme violence. The violence has escalated through his life, including during his incarceration. ... Mr. Martinez's decision to refuse his death penalty appeal is a logical extension of his lifelong disrespect of his own, as well as others' physical well-being.”

Psychologist Carmen Petzold found that Martinez suffered from “numerous disorders,” possibly stemming from his childhood.

The Houston Chronicle account included a quote from Martinez after a death row interview:

“Yeah, I believe in violence,”

He said:

“I was raised up with violence. I was hit, kicked, hollered at. It destroyed my family. Even in here (prison) I'm subject to violence. Even the state will be violent when I'm killed.”

Martinez also said in the same interview:

“Maybe not now, maybe not in 10 years. But someday, maybe 20 years from now, somebody would set me off. I give my life freely.”

The Houston Chronicle account quoted Martinez’s adoptive mother, Velma Griffin:

“I feel very sad,”
“I cry all the way home. I have to sit in the car five to 10 minutes to compose myself. I just wanted him to know that somebody loves him.”

The offence

Murder of Helen Joyce Oliveros (robbery and stabbing after a payment dispute)

Martinez called Helen Joyce Oliveros and made arrangements for her to meet him at his house for $300. On arriving at Martinez’s house, Oliveros began discussing payment. Martinez argued about the amount and whether he was going to pay. When it became clear that Martinez either had no money or was not going to pay her, Oliveros stated that she was going to leave and began packing her things. Martinez stuck a knife against her neck, pushed her back, and attempted to have sex with her while holding the knife against her neck. Oliveros struggled and kicked Martinez away, but he grabbed her and prevented her from leaving. Martinez then slashed her throat, causing her death. Martinez took $150 from Oliveros.

Two days later, Oliveros’ nude body was found stuffed inside two garbage bags in a Houston field. Another account stated that on August 23, 2001 Oliveros’ nude body was found stuffed inside two garbage bags in a Houston field.

The Texas Attorney General media advisory stated:

“In August 2001, Martinez sexually assaulted, robbed and fatally stabbed 45-year-old Helen Joyce Oliveros.”

A later legal analysis quoted by the Court of Criminal Appeals described that Martinez put a knife in his pocket before the victim arrived, argued about payment, stuck the knife against the victim’s neck, attempted sex, then sliced across her throat causing her death.

A Reuters account stated that Martinez was convicted of stabbing to death 45-year-old Helen Oliveros after arguing with her about a $300 payment, and that he slit her throat, sexually assaulted her, and later dumped her body in a vacant lot.

A separate account described that prosecutors told the jury that to find Martinez guilty of capital murder they could accept that he had robbed and/or sexually assaulted his victim, and that it was not necessary that jurors agree on which felony he committed. The court of criminal appeals upheld prosecutors’ interpretation of the law.

Attempted murder against stepmother (survived)

On Aug. 23, 2001, Martinez slashed his stepmother’s throat in an unprovoked attack. The stepmother survived after spending nine days in the hospital, five of them in intensive care.

The Court of Criminal Appeals material described that Martinez’s stepmother survived her wounds. A Houston Chronicle account stated that Martinez slashed his stepmother’s throat as his 8-year-old half-brother and 12-year-old half-sister watched.

Martinez was arrested later the same day after he confided his crimes to a relative in La Porte, and the relative notified police.

When police searched Martinez’s bedroom the next day, they found blood on the bed frame, wall, floor, closet shelves and door. Some of the blood was from Oliveros. A Houstom Chronicle account stated that because of irregularities the Houston Police Department’s crime lab tested the blood samples a second time with the same results.

A related account stated that while in custody, Martinez demanded to be housed “with my people,” members of the violent Mexican Mafia prison gang, and he wrote a letter to his adoptive mother that threatened torture:

“I have not decided what discipline I will give you, but it will be severe,”
“... Wherever you go, I'll find you. I pray you go straight to hell when you die because when I meet you there, I will torture you for eternity, just as I am condemned forever.”

Investigation and confessions

Martinez was arrested later on Aug. 23, 2001, after a relative he confided in notified police. While awaiting trial, Martinez confessed to killing Oliveros.

The Court of Criminal Appeals recounted three versions Martinez gave police and their details:

• In the first confession, Martinez stated that he arranged a meeting with the victim, a prostitute, on the phone, agreed to the victim’s price of over two hundred dollars “told her that just to get her there,” planned to try “to get it for free,” met the victim at a mall, negotiated the price while driving, was upset, told the victim to pull over so he could use the phone, then dragged her out of the car and cut her throat with a knife. He said he killed her because he did not like the way she was talking to him and did not mention sexual contact.
• In the written statement the following day, Martinez stated he took $150.00 in cash and some cocaine from the victim after he killed her. He reiterated that he never intended to pay her that much money and said he “didn't have any money at all.” He still did not mention sexual contact.
• In a third interview, Martinez admitted he killed the victim in his room at his mother’s house and stated that he had sex with the victim before stabbing her, and the victim “complied.” He also stated he did not pay her and never intended on paying her. He said he stabbed her when she “started tripping” about the money, she wanted to be paid around three hundred dollars, and when Martinez told her he would not pay her the victim started to leave. He said he grabbed her and “put the knife to her.” He described that the victim begged him not to kill her and to call an ambulance, told him that if he killed her there would be no one to take care of her dog, begged for her dog, and that he sliced across her throat after instructing her to be quiet.

Cesar Rios testified for the State as Martinez’s cellmate. Rios acknowledged his own pending criminal charges for unauthorized use of a motor vehicle and aggravated assault, and he stated that because he was a “habitual offender” the punishment range was two to twenty years and twenty-five to ninety-nine years or life, respectively. Rios testified he could not read and write and that he did not learn any facts from any source other than Martinez. Rios testified that Martinez described putting the knife to the side of the victim’s neck and attempting sex, and slicing her throat. Rios testified that after she was dead Martinez put a towel over her sliced throat and had sex with her, and that he played with sex toys found in the victim’s bag. Rios testified that Martinez folded the victim and put her in a trash bag, kept the body in his closet for about three days, then disposed of the victim and her things, and that Martinez described cleaning up his room and replacing the carpet.

The Court of Criminal Appeals stated that other evidence was consistent with and corroborated Martinez’s confessions and Rios’s testimony, including blood spatters and stains, the condition and wrapping of the body, a carpet replacement odour and stains, and medical testimony that although the body was advanced in decomposition and partially skeletonized, the stabbing to the neck was the cause of death based on hemorrhage and cutting lesions to the bones in the neck.

Arrest

23, 2001 after he confided in a relative in La Porte, who notified police.

Trial

A Harris County grand jury indicted Martinez on October 11, 2002 for the capital murder of Helen Joyce Oliveros.

On December 16, 2002, a Harris County jury returned a guilty verdict, and the trial court sentenced Martinez to death.

The Court of Criminal Appeals record described that Martinez’s direct appeal was automatic and included five points of error. The Court of Criminal Appeals affirmed the conviction and death sentence.

The Court of Criminal Appeals stated that in the indictment the State alleged alternative theories of murder committed in the course of committing and attempting to commit robbery, and murder committed in the course of committing and attempting to commit aggravated sexual assault. The jury charge permitted conviction on either theory. The prosecutor argued:

“as long as you 12 people agree that he's guilty of capital murder, you need not all agree ... which felony he's committed.”

The Court of Criminal Appeals addressed Martinez’s claims regarding unanimity and sufficiency of evidence and overruled points of error one, two, three, four and five.

In points of error four and five, Martinez claimed the evidence was legally and factually insufficient to support capital murder because the State relied on Rios’ testimony and that Rios was not worthy of belief. The Court of Criminal Appeals held that the evidence was legally sufficient and factually sufficient to support a finding of murder committed in the course of aggravated sexual assault or attempted aggravated sexual assault beyond a reasonable doubt, and it overruled points of error four and five.

In points of error two and three, Martinez claimed the evidence was legally and factually insufficient for robbery beyond a reasonable doubt. The Court of Criminal Appeals stated that because the evidence was legally and factually sufficient on the aggravated sexual assault theory, it did not address the alternatively charged robbery theory, and it overruled points of error two and three.

Sentencing

The trial court sentenced Martinez to death. The Court of Criminal Appeals described that, pursuant to the jury’s answers to special issues set forth in Texas Code of Criminal Procedure Article 37.071, §§ 2(b) and 2(e), the trial judge sentenced Martinez to death.

Appeals

On March 3, 2004, the Texas Court of Criminal Appeals affirmed Martinez’s conviction and death sentence.

Martinez did not appeal the decision to the Supreme Court.

On February 27, 2004, Martinez applied for state habeas relief. A competency hearing was held in state court regarding Martinez’s desire to forfeit his appeals on August 10, 2004. He was found competent, and the convicting court dismissed his state habeas petition.

The trial court set an execution date of March 10, 2005.

On March 2, 2005, the trial court rescheduled Martinez’s execution for June 7, 2005.

On April 13, 2005, the Texas Court of Criminal Appeals dismissed Alexander’s state writ petition.

Waiver of appeals and competency findings (habeas corpus)

The Court of Criminal Appeals’ order per curiam dismissed the habeas corpus application on April 13, 2005. The order stated that Martinez was convicted of capital murder on December 6, 2002 and that punishment was assessed at death. The order stated:

• March 3, 2004: the Court affirmed the conviction on direct appeal.
• February 27, 2004: the application was timely filed.
• May 20, 2004: a hearing was held in which Martinez, in the presence of counsel, “freely, knowingly, and voluntarily waived any further proceedings in his case.”
• Martinez was examined by a psychiatrist and a psychologist and found competent to waive review of his conviction.
• The convicting court found Martinez competent to withdraw his habeas corpus application, and the Court found the convicting court’s findings and conclusions supported by the record and dismissed the instant action.

Other details

Tattoos and statements

A Houston Chronicle account stated that Martinez had blue prison tattoos on his arms and torso described as telling “the story of his life,” and it described tombstone tattoos bearing the names of women whose throats he slashed, including “Maria,” referring to his stepmother who survived, with “To be continued.” It described a tattoo reading “RIP,” a date, a woman’s name, and “$300.”

The Reuters and execution-related accounts described a tattoo on his right arm and that beneath the image was a tombstone with a large dollar sign.

Martinez had “RIP, August 12, 2001, $300, Helen Joyce Oliveros” tattooed on his arm.

A Houston Chronicle account stated that Martinez prepared a handwritten statement on the afternoon of his execution and that he wrote:

“I have caused so much pain to so many people. I especially want to apologize to my victim's family for the life I took. I am only taking full responsibility for what I have done. I am truly sorry and, though some may not believe this, God only knows the truth and for that I know that's all that matters. I am ashamed for what I've done!”

The Houston Chronicle account also described his final statement as thanking his family and friends and expressing his love for them. It included:

“And thanks for the friends at the Polunsky Unit that helped me get through this that didn't agree with my decision and still gave me their friendship.”

A National Coalition to Abolish the Death Penalty page recorded his final meal and final words, including the same apology and gratitude language. It also stated his final meal included a cheeseburger, scrambled eggs, mashed potatoes with gravy, bacon, orange juice, fried steak, a fried pork chop, onion rings, french fries, a quarter fried chicken and a bowl of shredded cheese.

Execution details

Martinez was executed by lethal injection in Texas on June 7, 2005. One account stated that the lethal injection was started and that Martinez was pronounced dead at 6:18 p.m.

A Texas Attorney General media advisory described that he was scheduled to be executed after 6 p.m. June 7.

A KWTX-TV account stated:

“Convicted killer Alexander Martinez was put to death just after 6 p.m. Tuesday in the Texas death chamber in Huntsville. He had no appeals pending Tuesday as Texas prison officials prepared for the execution.”

A Houston Chronicle account described the execution as beginning shortly after 6 p.m., with Martinez gasping, coughing and wheezing, and then pronounced dead at 6:18 p.m.

The Dallas Morning News account stated that Martinez’s wife by proxy and a sister-in-law were the only witnesses, and it stated none of the victim’s family attended the execution.

Quotations about waiver of appeals

Houston Chronicle quoted Martinez’s attorney Pat McCann as saying:

“I think Alexander's life still has value,"
“I wish he would change his mind.”

Houston Chronicle also quoted McCann about Martinez’s attitude toward halting appeals:

“You should have heard him,”
“He was furious.”

Killer executed in death of prostitute (Houston Chronicle/Associated Press) included a quote from Pat McCann:

“He's genuinely been driving this train for the last six months and was not happy when it was postponed before,”

It also included Martinez’s quote about his decision:

“I just want to say there's no justification for what I did,”
“I feel I should have a choice, and I'm making my choice.”

Criminal background (attempted murder conviction)

Martinez had been convicted of attempted murder on August 9, 1994. He was described as having stabbed a co-worker during an altercation at a pizza restaurant, resulting in a seven-year sentence for attempted murder. He served approximately one year before being paroled in August 1995.

The accounts differed on later timing: one account stated he returned to prison a month later on a felony theft conviction; another account stated he was returned to prison the following year for violating parole. The accounts also stated he was paroled again on the attempted murder sentence in July 2001, and that he killed Oliveros 23 days later. Another Reuters account stated that on July 20, 2001 he was freed under mandatory supervision, and Oliveros was killed 23 days later.

Proceedings and court references

A direct appeal holding affirmed that the State’s jury argument permitting the jury to find Martinez committed either underlying offense did not violate the unanimity requirement, and that legally and factually sufficient evidence supported a finding of murder committed in the course of aggravated sexual assault. The Court of Criminal Appeals affirmed.

In the direct appeal record, the case was styled as Martinez v. State, 129 S.W.3d 101 (Tex.Crim.App. 2004) (Direct Appeal). The waiver of appeals order was Ex parte Alexander Rey MARTINEZ, WR-61844-01 (Tex.Crim.App. April 13, 2005) (Waiver of Appeals).

Personal descriptions and letters in prison communications

One section reproduced Martinez’s introduction and other written content. It contained his statements including:

• “My name is Alexander Rey Martinez.”
• “I’m 27 years of age, born June 16.1976- Mexican-American.”
• “I have been on the row for a year now...”
• “In me reaching out to you I'm interested in forming a to the end friendship bond.”
• “I work to give me the chance to do so as I reach out from my confines.”
• “I'm not guaranteed a long life not even 6 years, but I do not worry about that at the moment...”
• “Alexander Martinez - January 2004 By: Alexander M. 1-25-04”
• “Dedicated to My Grandparents: Gloria & Jesse Chavez”

Another portion reproduced a cell communications biography which included:

• “My name is Alexander Martinez, 23 years of age, Mexican American and presently incarcerated in Texas.”
• “I'm 5'4" and 165 lbs.”
• “A medium thickset physique, dark brown eyes, jet black wavey hair, bronze color skin.”
• It listed hobbies and restrictions: “advance artisan, writing, writing poetry, chess and reading various books... Other hobbies that I enjoy doing, but restricted from are: ceramics, sculpturing, fishing, camping and raising small domestic animals.”
• It stated: “I love all animals that don't attack.”
• “My favorite color is aquamarine.”
• “All letters will be answered.”

The legal outcome remained the death penalty execution.