ANDERSON, Ind. —
Sentencing resumed Tuesday for a man convicted of stabbing another inmate during a riot at the Pendleton Correctional Facility.
Joseph Martin was sentenced to 18 years at the Department of Correction, with no time suspended. Defense attorney Thomas Godfrey asked the court to split Martin’s sentence between prison and probation.
Circuit Court 4 Judge David Happe, who was filling in for Circuit Court 2 Judge Dennis Carroll, said he did not believe probation would benefit Martin.
Sentencing began Monday afternoon, but had to be continued due to a delay when Martin left the courthouse minutes before the hearing was to begin.
Martin, 29, was held at the Madison County Jail until sentencing resumed. According to Deputy Prosecutor David Wyser, Martin was caught by jail staff with a condom filled with his girlfriend’s urine.
“He was facing 20 years. Why would he go and do something like that? It’s bizarre,” Wyser said after sentencing.
Members of Martin’s family, as well as his boss Eric Scott, testified on Monday that Martin has put his life together, and was focused on living a “normal” life. However, Wyser used the incident at the jail to demonstrate Martin was not ready to be a contributing member of society.
In January, Martin pleaded guilty to four counts associated with the Feb. 8, 2008, prison riot. As part of the plea, the maximum sentence was capped at 23 years. According to Martin’s fiancee, Melanie, the prosecutor’s office promised it would only seek a 10-year sentence.
“They lied to us,” the woman said afterward.
According to Wyser, no such promise was ever made. He said he promised he wouldn’t seek the maximum sentence, and his recommendation would be based, in part, by how Martin behaved in court.
Wyser said Martin did not act remorseful, nor answer questions honestly throughout sentencing.
Godfrey argued that Martin’s behavior in court Monday was due to being “caught by surprise,” because Happe was sitting in for Carroll. On Monday, Martin said he had developed a rapport with Carroll, and didn’t feel comfortable being sentenced by another judge.
Happe noted several mitigators for Martin, such as the fact that he was employed and his employer traveled from Evansville to testify on his behalf. However, the judge said they were outweighed by the aggravators.
At the time of the prison stabbing, Martin was serving a six-year sentence for dealing cocaine. He was released from prison on May 29, 2010.
Contact Sam Brattain: 640-4883, sam.brattain@heraldbulletin.com
Breaking News
Related Photos
-
Joseph Martin goes over documents outside Circuit Court 6 Monday afternoon waiting for his sentencing hearing in connection with the 2008 Pendleton prison riot. He was sentenced to 18 years on Tuesday.
Discussion
Former inmate sentenced to 18 years for role in prison riot
Judge says probation would not benefit defendant
- Breaking News
-
-
US and Cuba agree to resume migration talks
The United States and Cuba have agreed to resume bilateral talks on migration issues next month, a State Department official said Wednesday, the latest evidence of a thaw in chilly relations between the Cold War enemies.
-
Actor James Gandolfini dies in Italy at age 51
James Gandolfini, whose portrayal of a brutal, emotionally delicate crime boss in HBO's "The Sopranos" was the brilliant center of one of TV's greatest drama series and turned the mobster stereotype on its head, died Wednesday in Italy. He was 51.
-
Holcomb, other top leaders leaving Indiana GOP helm
The Indiana Republican Party said Wednesday that Chairman Eric Holcomb and several other of its top leaders are stepping down to pursue other endeavors, having served through the transition from the state's longtime Republican governor to its current one.
-
Bipartisan proposal on student loans circulating
Students applying for financial aid for the coming school year could find some comfort in a bipartisan student loan compromise taking shape in the Senate that would prevent interest rates from doubling and set a single rate each year for undergraduate students, rich or poor.
-
Traffic returns to Wash. bridge that collapsed
Cars and trucks are rolling again across the Interstate 5 Skagit River bridge, restoring the traffic flow on the main route between Seattle and Vancouver, British Columbia.
-
Obama renews calls for nuclear reductions
Appealing for a new citizen activism in the free world, President Barack Obama renewed his call Wednesday to reduce U.S. and Russian nuclear stockpiles and to confront climate change, a danger he called "the global threat of our time."
-
Obama: 'Lives have been saved' by NSA programs
Trying to tamp down concerns about government over-reach, President Barack Obama on Wednesday defended U.S. Internet and phone surveillance programs as narrowly targeted efforts that have saved lives and thwarted at least 50 terror threats.
-
UK Girl Guides drop reference to God in pledge
Britain's Girl Guides have dropped a reference to God in their pledge. Gone is the reference to loving God, replaced by a call to "be true to myself and develop my beliefs." The new pledge unveiled Wednesday does retain a reference to serving the queen.
-
Man accused of kidnapping found guilty
It came down to credibility. And ultimately, Judge David Happe, who possessed the lone voice of decision, determined Jimmy Nave Jr.'s story was unbelievable.
-
Police visit home of Patriots TE Aaron Hernandez
State and local police spent hours at the home of New England Patriots tight end Aaron Hernandez on Tuesday night as another group of officers searched an industrial park about a mile away where a body was discovered the day before.
- More Breaking News Headlines
-
US and Cuba agree to resume migration talks
James Gandolfini Dies at Age 51
Fmr. TWA Flight 800 Investigators Want New Probe
Raw: Heat, Spurs Back on Court Ahead of Game 7
Dolce and Gabbana Convicted of Tax Evasion
Paris, Prince Depositions Used in Jackson Trial
Coiffed Cattle Get Their Close-up
In Berlin, Obama Channels Cold War Activism
Police at Patriots Tight End's Home for 2nd Day
Fed Suggests Bond Purchases Could Slow
AP: DOJ Broke Own Rules Seizing Phone Records
Raw: Baby White Rhino Debuts at Australian Zoo
Time Lapse: Rebuilding Bridge Post-collapse
Ohio Woman Accuses 3 of Holding Her Captive
Hunt for Ex-Teamster Boss Hoffa's Remains Ends
