Dear Family, Friends and all Supporters: On Monday, December 22, 2014, my mother and I met with Manhattan District Attorney Cy Vance at his office, per his request. At this meeting, he explained to us why the District Attorney’s office will not appeal the judges decision to dismiss the murder indictment against the man who murdered my father. Following is an excerpt from the formal letter we also received: “Unfortunately, in this case, neither the circumstances underlying the delay in locating defendant nor the binding legal principles governing a defendant’s constitutional right to a speedy trial afford us any viable appellate recourse.” It continued... “Without question, it was your own hard work and diligence that led to the apprehension of your father’s killer in 2013, over 26 years after the crime’s commission. After defendant’s arrest we proceeded to a grand jury and obtained an indictment against him for Murder in the Second Degree. As we explained to you from the outset, however, our fight to sustain the indictment in the face of a speedy trial challenge by defendant would be a tough one. The case law supporting a defendant’s constitutional right to a speedy trial places a very heavy burden on law enforcement to justify any substantial delay in commencing the prosecution.” As you can all imagine, this was yet another round of devastating news for us. I decided to wait until after Christmas to deliver the news to you for various reasons. First, my mother and I needed time to digest and come to terms with this latest blow to the over two decades of justice we have been seeking on my fathers behalf and I would not be able to answer the many questions that naturally arise from this latest decision. Second, our city has suffered so much due to senseless violence in the last few days and lastly, with just a few days left before Christmas we did not want to diminish the spirit of the holidays for you and your families. When I was nine years old, I vowed to find the man who killed my father. I accomplished my goal. My alternative was to continue on with life as if nothing ever happened; as if my father was not senselessly killed by a gun-toting thug. Not only did I accomplish my goal and expose a murderer to the world but Justo Jonah Santos was extradited from Florida and incarcerated at Riker’s Island. I knew that once we had an arrest we wanted the State of New York to deliver justice in a trial by jury, as is our right, but that clearly will not happen. Though deprived of the justice the victims family deserves, this is more than many victims ever receive and more than I thought at some point to accomplish. No one or anything can take that away. The arrest not only exposed a murderer’s secret to society, but it has also exposed other factors and components of the law and our judicial system that need to be reviewed and corrected. During this judicial process, it came to light that Justo Santos - the person who walked into my father’s place of business, killed him, fled to another country to avoid prosecution and later came back into the U.S. - had been granted the privilege of U.S citizenship and was allowed to live as a free man. Not only did this criminal come to the country, years later, he attained his citizenship as well as a gun, only this time, with a license. This criminal never owned up to his crime. Rather, to this day calls the murder an act of “self-defense.” As difficult as it has been, and with all the many sacrifices I have made, I would take this journey all over again and more for my father. I now ask our federal government to take the right action on an individual that clearly does not respect or abide by our country’s laws. I also call on Federal and State legislators to create a bill and adopt legislation that stops murderers and other serious offenders from having protection under laws that are not meant to help them evade justice in connection with the crimes they committed. It is because of these laws that victims families will never truly receive justice in these types of cases. This is incomprehensible, as murder has no statute of limitations for a reason. From the first text message of support I received to the last signature on our change.org petition asking for an appeal, I have been touched by people across this country and around the world. They believed in and supported my quest for justice that at times seemed lonely and unattainable. For those that joined our march, especially Councilman Ydanis Rodriguez, who on a cold November day marked the anniversary of my dad’s death and called for an appeal and to all the family and friends that have held our hands through this, I am eternally grateful. To Manhattan District Attorney Cy Vance and the Assistant DA’s assigned to our case, I greatly appreciate your tireless efforts and countless hours you dedicated to my case. Andto many others, including State Senator Adriano Espaillat and Clyde Williams, that tried their best to help us on our quest for justice. With Gratitude, Joselyn Martinez For more information: jmjustice
Posted on: Mon, 29 Dec 2014 14:26:35 +0000