Defense witness says murder suspect not competent to face death penalty
Posted on Tuesday, October 14, 2008
ROGERS - Dr. Ricardo Weinstein declared in circuit court Monday that accused murderer Erickson Dimas-Martinez lacks the mental competency to face the death penalty. Prosecutors will have their opportunity to rebut Weinstein in court today.
Dimas-Martinez, 22, is charged with the murder of Derrick Earl Jefferson, 17, who was shot in the head. The capital murder charge carries a penalty of life in prison or the death penalty.
Trial proceedings for Dimas-Martinez were suspended in February to give both sides time to conduct tests. Benton County Prosecuting Attorney Van Stone said he would present two doctors during today's round of testimony to contradict Weinstein's findings.
Weinstein said Dimas-Martinez's condition fulfills the definition of mental retardation because he suffers from significant brain dysfunction and hindered judgment and impulse controls. Weinstein added that Dimas-Martinez's condition would be "greatly exacerbated"while he was intoxicated.
Weinstein, who said there is no way to prove what causes mental retardation, attributed Dimas-Martinez's dysfunction to the family's poverty, stress and inability to receive proper nutrition and health care in war-torn El Salvador. Weinstein also said Dimas-Martinez was physically abused by his father and suffered brain injuries from the assaults, some of which resulted in Dimas-Martinez losing consciousness.
Clinger adjourned the proceedings before Stone had an opportunity to cross-examine the witness. Stone will have his chance today when court resumes at 8: 30 a.m.
Prosecutors filed charges against Dimas-Martinez on Jan. 18, 2007, after finding Jefferson's body on Dec. 30, 2006, next to the driveway of 4265 N. 40 th St., in an unincorporated area of Benton County near Springdale's city limits.
Dimas-Martinez is being held without bond in the Benton County Jail.
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