Retrial of former State Trooper for murder of wife set for May
Mobile County Circuit Court Judge Robert Smith has set a May 2019 date for the capital murder retrial of George Martin. Martin, who was convicted in 2000 for the 1995 murder of his wife Hamelokeith Martin, was an Alabama State Trooper at the time of the murder.
The remains of Hamelokeith Martin were discovered in the charred remains of a car on October 8, 1995 on Willis Road in Tillman's Corner, which prosecutors argued was staged to look like an accident.
Defense Attorneys immediately filed a motion with the court to reinstate the previous bond conditions for Martin, who has been free since may 8, 2015.
The Alabama Court of Criminal Appeals had granted Martin a new trial in 2013 after they ruled on appeal that an "accumulation of errors caused 'a breakdown in the adversarial process that our system counts on to produce just results".
Martin had served 15 years on Death Row when in March 2016 Judge Smith took the extraordinary action of dismissing the indictment against Martin. Smith ruled that the violations made by the prosecution were "willful" and that the "appropriate sanction to be applied is a dismissal [of the indictment] with prejudice".
The Alabama Attorney Generals Office appealed that ruling and on August 31, 2018 the Alabama Supreme Court overturned Judge Smiths order, reinstated the indictment and ordered a new trial.
In court filings made Wednesday, Judge Smith set a hearing date in November for a Motion to Recuse himself that the Alabama Attorney generals office is expected to file in early October.