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nocence.
Robertson agreed with commonwealth’s attorney Douglas Baumgardner that the newspaper reports now qualified as old news.
“Juries have very modest—if any—recollection about what they read in newspapers,” he said, ruling that he ytill first seek to impanel an impartial jury in Rappahannock and if that proves impossible, will again hear arguments on transferring the trial to Fauquier. Maintaining that Martin has already served enough time to be considered for parole on the two years sentence set by the jury for one arson count, Albrecht requested the judge to impose sentence, credit Martin with the 12 months already served and release him on probation.
In response, Baumgardner maintained that Martin should be required to go through the penitentiary system for a proper determination on whether he is eligible for parole.
In addition, he pointed out that in order for the judge to free Martin, Robertson must find that suspension of the remaining sentence is compatible with the public interest and that there are circumstances in mitigation of the offense. No evidence has been presented on either point, he added.
Robertson imposed sentence of two years plus court costs and noted that Martin will receive credit for the time he has spent in jail awaiting both trial and sentence.
He denied Martin’s release motion, noting that since the defendant has a prior felony conviction, he’s not certain that Martin is eligible for parole after serving approximately 12 months.
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