Plea bargain is hinted at for suspect in Cedar fire
February 5, 2005
Prosecutors and lawyers for the man accused of setting the Cedar fire may be discussing a plea bargain, according to statements they made yesterday in San Diego federal court.
"We're trying to discuss alternatives to trial," prosecutor Michael Lasater told U.S. District Court Judge Roger T. Benitez during a brief hearing for Sergio Martinez, 34, of West Covina.
Outside the courtroom, Lasater wouldn't expand on that statement, but Martinez's lawyer appeared to be optimistic that the case will not go to trial.
"We believe we are heading in the right direction," defense lawyer Wayne Higgins told reporters. "There is going to be a positive result for everyone."
Martinez has pleaded not guilty to charges that he set the Cedar fire Oct. 25, 2003, and lied about it. He faces 10 years in prison if convicted.
Fifteen people died as the fire spread from the Cleveland National Forest west Miramar and east to Lake Cuyamaca, burning 422 square miles and destroying more than 2,000 homes.
Higgins said the case isn't just about how the fire started, but also about Martinez's mental state that day and what authorities did or did not do about the rapidly spreading flames.
"The real issue is whether or not this is a triable case," he said.
The vast majority of criminal cases result in plea agreements, with trials typically taking place only when prosecutors and defense attorneys can't agree on the facts or a potential penalty.
Benitez postponed hearing pretrial motions in the case until March 4.
He was scheduled to set a trial date, review questions for potential jurors and consider a request from the defense to keep jurors from hearing statements Martinez made the evening the fire started.
Prosecutors said Martinez apologized when he was rescued from the Cleveland National Forest and asked medics whether a gunshot could have started the fire.
He also said he tried to put the fire out with his hat, and was concerned that police would find marijuana in his pickup, prosecutors said in court papers.
Yesterday, Higgins downplayed the role such statements will ultimately play in what happens with his client.
"I don't think those statements are paramount," he said.
Martinez was hunting deer when he became separated from a hunting buddy that day. He told authorities he ran out of water, spent several hours trying to find his way back to his truck and fired his gun in an effort to attract attention.
He was dehydrated and incoherent when a sheriff's helicopter crew rescued him near the spot where the fire began, according to his rescuers.
Prosecutors say they believe he started the fire in an effort to be found.
They say that he told an investigator he was afraid he would die in the national forest and that he said he probably should have.
Martinez is free on a $100,000 bond secured by his parents' house, where he lives.
February 5, 2005
Prosecutors and lawyers for the man accused of setting the Cedar fire may be discussing a plea bargain, according to statements they made yesterday in San Diego federal court.
"We're trying to discuss alternatives to trial," prosecutor Michael Lasater told U.S. District Court Judge Roger T. Benitez during a brief hearing for Sergio Martinez, 34, of West Covina.
Outside the courtroom, Lasater wouldn't expand on that statement, but Martinez's lawyer appeared to be optimistic that the case will not go to trial.
"We believe we are heading in the right direction," defense lawyer Wayne Higgins told reporters. "There is going to be a positive result for everyone."
Martinez has pleaded not guilty to charges that he set the Cedar fire Oct. 25, 2003, and lied about it. He faces 10 years in prison if convicted.
Fifteen people died as the fire spread from the Cleveland National Forest west Miramar and east to Lake Cuyamaca, burning 422 square miles and destroying more than 2,000 homes.
Higgins said the case isn't just about how the fire started, but also about Martinez's mental state that day and what authorities did or did not do about the rapidly spreading flames.
"The real issue is whether or not this is a triable case," he said.
The vast majority of criminal cases result in plea agreements, with trials typically taking place only when prosecutors and defense attorneys can't agree on the facts or a potential penalty.
Benitez postponed hearing pretrial motions in the case until March 4.
He was scheduled to set a trial date, review questions for potential jurors and consider a request from the defense to keep jurors from hearing statements Martinez made the evening the fire started.
Prosecutors said Martinez apologized when he was rescued from the Cleveland National Forest and asked medics whether a gunshot could have started the fire.
He also said he tried to put the fire out with his hat, and was concerned that police would find marijuana in his pickup, prosecutors said in court papers.
Yesterday, Higgins downplayed the role such statements will ultimately play in what happens with his client.
"I don't think those statements are paramount," he said.
Martinez was hunting deer when he became separated from a hunting buddy that day. He told authorities he ran out of water, spent several hours trying to find his way back to his truck and fired his gun in an effort to attract attention.
He was dehydrated and incoherent when a sheriff's helicopter crew rescued him near the spot where the fire began, according to his rescuers.
Prosecutors say they believe he started the fire in an effort to be found.
They say that he told an investigator he was afraid he would die in the national forest and that he said he probably should have.
Martinez is free on a $100,000 bond secured by his parents' house, where he lives.