ANDERSON, Ind. —
Upon showing up for sentencing at the Madison County Government Center Monday afternoon, Joseph Martin was displeased to learn Circuit Court 6 Judge Dennis Carroll would not be handing down his sentence, as he was on vacation.
In his absence, Circuit Court 4 Judge David Happe, whom Martin had never stood in front of, would determine how many years out of a maximum 23-year sentence, as per plea agreement, Martin would serve in prison.
On Jan. 3 Martin pleaded guilty to five felony counts in connection with a riot that occurred at the Pendleton Correctional Facility Feb. 8, 2008. Martin and three other inmates were charged with inciting the riot and attempting to take another inmate, Marco Shugars, hostage. Three of the inmates, including Martin, pleaded to the charges. The fourth, Daniel Bradley, went to trial last month, but it resulted in a hung jury.
During the trial Michael Rains, an investigator with the prison, said he witnessed Martin make a stabbing motion toward Shugars during the riot.
Martin said he was talked into taking the plea agreement by the prosecutor’s office, who told him he would be pleasantly “surprised” by the sentence he would receive. Prosecutor Rodney Cummings said he has never spoken to Martin.
Martin added that he felt “comfortable” agreeing to the terms of the plea agreement, in part because of Carroll. Martin said over the course of his case, which according to court documents was opened Dec. 14 2010, he had developed a rapport with Carroll.
Over the last year Martin has been living in Evansville with his fiancee, Melanie, and her two children. He has also found employment working as a carpenter for S& S Elite Renovations LLC.
“My judge (Carroll) knows all this,” Martin said, adding that he did not feel Happe would have the same appreciation for how he’s made changes in his life.
The Madison County Circuit Court is a unified court, meaning any judge from the six circuit courts can preside over any case in any courtroom. Cummings was not concerned with Martin’s complaint.
“(The judges) are all under the same offender court, so it doesn’t really matter,” Cummings said.
Martin arrived at the courthouse about 2 p.m. with members of his family, and employer Eric Scott. They waited outside the courtroom, but left a couple of hours later. Sentencing was delayed for several minutes while Martin’s attorney, Thomas Godfrey, tried to find his client. Martin left a note for Godfrey stating he “would rather stand before Judge Carroll, you should continue.”
Martin and his family were eventually tracked down, and entered the courtroom to begin sentencing.
Godfrey began the hearing by asking Happe for a continuance, arguing that Martin’s plea “had to do with the general view of Judge Carroll’s sentencing procedures.”
Happe said he took no offense to Godfrey’s request, but added that ordering a continuance would defeat the purpose of a unified court.
Due to the late start of the hearing, Happe was not able to hand down a sentence before the court closed at 6 p.m.. Sentencing will resume today at 3 p.m..
Contact Sam Brattain: 640-4883, sam.brattain@heraldbulletin.com
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Joseph Martin, right, goes over documents with his employer Eric Scott outside of Circuit Court 6 Monday afternoon waiting for his sentencing hearing in connection with the 2008 Pendleton prison riot. John P. Cleary
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Judge denies continuance for man involved in ’08 prison riot
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