David Aaron Martinez

Case information

David Aaron Martinez was convicted of capital murder in the rape, robbery and slaying of Kiersa Paul in an Austin park.

Martinez was scheduled for execution in Texas on July 28, 2005. He was executed by lethal injection in Texas on July 28, 2005 and was pronounced dead at 6:17 p.m.

Timeline

• April 20, 1995 — The State of Texas placed Martinez on five years’ deferred adjudication for carrying an explosive device.
• July 22, 1997 — Kiersa Paul told her sister that she intended to meet an individual named "Wolf" at Zilker Park.
• July 23, 1997 — A jogger found Kiersa Paul’s body beside a Zilker Park Greenbelt trail; Martinez returned home after midnight on July 23, 1997 with a bicycle he did not own.
• Dec 9, 1997 — A Travis County grand jury indicted Martinez for capital murder.
• Oct. 29, 1998 — Martinez was convicted of capital murder.
• Dec. 1, 1998 — Martinez was sentenced to death.
• May 10, 2000 — The Texas Court of Criminal Appeals affirmed the conviction and sentence.
• March 6, 2002 — The Texas Court of Criminal Appeals denied Martinez’s petition for state habeas relief.
• July 15, 2003 — A U.S. district court denied Martinez’s petition for federal habeas relief.
• May 24, 2004 — The 5th U.S. Circuit Court of Appeals affirmed the lower court’s denial of relief.
• Jan 10, 2005 — The U.S. Supreme Court denied Martinez certiorari review.
• July 28, 2005 — Martinez was executed by lethal injection in Texas.

Background

Martinez was a Hispanic male. His hair color was brown, his height was 5 ft 10 in, his weight was 224, and his eye color was blue. He had an education of 11th grade.

Kiersa Paul was 24 years old. She was a student from Minnesota visiting her sister in Austin. Her body was found beside a Zilker Park Greenbelt trail.

The offence

On July 23, 1997, a jogger found Kiersa Paul’s body beside a Zilker Park Greenbelt trail.

Paul had been raped, strangled, and her throat had been cut.

Paul told her sister the previous day that she intended to meet an individual named "Wolf" at the park. Martinez’s nickname was "Wolf". Martinez told friends that he intended to meet a girl at the park. He returned home after midnight with a bicycle he did not own.

Further investigation described injuries consistent with strangulation, blunt force injury to the head and nose, gouge marks on the neck, bruising of both nipples, cuts on her neck, breast, and stomach, and forceful sexual intercourse. An “X” was carved into her chest. Her body was covered only by a pair of unbuttoned boxer shorts, with her legs spread open. Another account described her wounds as including at least eight slashes to her throat.

Investigation and forensic evidence

Police search of Martinez’s apartment produced Paul’s bicycle, Paul’s bicycle bag, and Martinez’s Swiss army knife.

Blood on the knife matched Paul’s DNA.

Hairs on Paul’s body were consistent with Martinez’s hair, and Martinez’s DNA matched semen on Paul’s underwear. Semen collected from Paul’s underwear matched Martinez’s DNA.

Arrest and custody

Martinez was arrested days after Paul’s body was found.

Trial

Martinez was indicted for capital murder on Dec 9, 1997.

A Travis County jury deliberated 15 minutes at his 1998 trial before convicting him. Martinez was convicted of capital murder on Oct. 29, 1998 and sentenced to death on Dec. 1, 1998.

During the trial, the evidence included Paul’s bicycle, her bicycle bag, Martinez’s Swiss army knife, and forensic results matching blood on the knife and semen and hair to Martinez. During the punishment phase, witnesses regarding Martinez’s character, past experiences, and future dangerousness were presented. An expert, Dr. Ferrara, used the Hare Psychopathy Checklist to argue that Martinez posed a future danger to society.

The jury expressly found:

1. that a probability existed that Martinez would commit future criminal acts of violence and would represent a continuing threat to society; and
2. that no sufficient mitigating circumstances existed to justify a life sentence rather than the death penalty.

Sentencing

Martinez was sentenced to death on Dec. 1, 1998.

Appeals

State proceedings

• January 10, 2005 — The U.S.

Federal habeas proceedings

• July 15, 2003 — A U.S.
• May 24, 2004 — The 5th U.S.
• The federal habeas challenge was addressed in Martinez v. Dretke, 99 Fed. Appx. 538 (5th Cir. Tex. 2004).

In Martinez v. Dretke, the Court of Appeals affirmed the denial of habeas relief, holding that:

1. Martinez was not denied effective assistance of counsel, and
2. admission of a test considering 20 factors in determining whether a person met the definition of a psychopath did not violate clearly established federal law.

The appeal described the four issues for which a Certificate of Appealability (“COA”) was issued, focused on questions surrounding the punishment phase of the trial.

Outcome

Martinez was executed by lethal injection in Texas on July 28, 2005 and was pronounced dead at 6:17 p.m.

His final statement was:

"Only the sky and the green grass goes on forever, and today is a good day to die,"

In one report, the final statement was also given as:

"Only the sky and the green grass goes on forever, but today is a good day to die,"

Other details

Martinez was from Austin.

A Travis County grand jury indicted Martinez for capital murder on Dec 9, 1997. He was convicted in October 1998 of the capital murder of Kiersa Paul while attempting to commit or committing robbery or aggravated sexual assault.

Martinez did not request a last meal but declined a final meal.

Martinez’s final appeal was denied by the U.S. Supreme Court shortly before his execution. The Texas Board of Pardons and Paroles denied Martinez’s request for clemency on a 7-0 vote.

The case materials described a criminal background in which, on April 20, 1995, Martinez was placed on five years’ deferred adjudication for carrying an explosive device, followed by boot camp after he failed to comply with probation terms.