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State v Jaclyn Martin K10-3564 Statement of Facts On Saturday May 22, 2010 members of the Baltimore County Police

Department responded to the front of 7006 Railway Avenue for a shooting. The body of Robert Lee Martin, also known as Lee Martin, was found lying in the front yard. His wallet was lying on the ground at his feet, money and a key ring with multiple keys were found in his pocket and his cell phone was recovered. He was suffering from multiple gunshot wounds to the head and chest. He was transported to Bayview Hospital where he was pronounced dead. At the time of his murder, Lee Martin was married to the Defendant Jaclyn Martin. They had been together for ten (10) years and married three (3) years before the murder. At the time of the marriage, Lee owned a home that was split into two locations by a dividing wall. He and his family lived in one half of the house at 7006 Railway Avenue. The Schnitkers rented the other half of the house which was 7004 Railway Avenue and paid rent to Lee Martin. Lee owned several other rental properties on the same street. Several years ago he acquired the Hops Inn, a bar that was owned by his father located at 7002 Railway Avenue, next door to the home where he lived with the Defendant. Also living at the house a few nights a week were Lees two sons, Kyle (17) and Ryan (16), and the Defendants daughter Trinity (11). Police investigation revealed that Carla Santelli was tending bar at the Hops Inn Friday evening May 21st into the early morning hours of Saturday May 22nd . Lee Martin was at the bar earlier on Friday and had gone home somewhere around 11:00 p.m. He returned to the bar to close for the evening around 1:30 a.m. The bar closed at 2:00 a.m. and Lee stayed to help clean up before he and Carla left for the night. Lee received a phone call from his wife, the Defendant Jaclyn Martin on his cell phone asking him when he would be home. He told her he was just finishing up and would be home soon. Lee Martin walked Carla to her car. She drove away and saw Lee walk back inside Hops Inn.

Video surveillance from inside the bar shows that Lee Martin left the bar at 2:20 a.m. Cell phone records confirm that Lee Martin received a call from his home phone at 2:16 a.m.; the Defendant admits to making this call. Carla would testify that Lee seemed sad that evening. As they were cleaning up they were talking about the Defendant, Jaclyn Martin, and her excessive drinking and Lee had commented that he was going to stop drinking, noting that it must be hard for Jaclyn when he comes home smelling of alcohol. Carla knew the Defendant started drinking more. She would get drunk at the bar and annoy customers. Carla told Lee Martin and Lee banned Jaclyn from the bar a few months before. Jennifer and Frank Perseghin were walking to their car when they heard gunshots and saw two (2) men running from in front of the victims home at 7006 Railway Avenue. They saw Lee Martin lying on the lawn. They called 911 and the police arrived within minutes. A large number of police vehicles, ambulances, and officers in uniform were dispatched to the scene. A police helicopter was circling above the home and numerous neighbors gathered in front of the house. Lee Martin was already transported to the hospital when the Defendant opened the front door of the home and stepped outside, looked around and walked back inside. Approximately one (1) minute later she walked back outside with a phone in her hand and the victims cell phone began to ring. Officers approach her and informed her that her husband had been shot. She was taken to the hospital to be with her husband. Cell phone records confirm that the home phone was used to call the victims cell phone at 3:00 a.m. Dr. Li performed an autopsy on Robert Lee Martin. He was shot eight (8) times in the head, neck and chest. The bullets punctured his lung and major arteries in the chest causing bleeding in his chest cavity and in the sac around his heart. The cause of death was multiple gunshot wounds to the head neck and chest; the manner of death was Homicide.

In the early morning hours of May 22, 2010, Kyle woke up between 1:30 and 2:00 a.m. The Defendant was in the doorway of his room crying. Kyle told police that in the last few years of his fathers marriage the defendants behavior became erratic. And she began drinking more. His dad had banned the defendant from the Hops Inn and had accused her of stealing money from the bar and had accused her of stealing his ATM card days before the murder. M & T Bank records show that on May 20, 2010 Lee Martin had reported his ATM card lost or stolen. He called the bank again the next morning on May 21, 2010 at 8:02 a.m. to report that his card was used for unauthorized withdrawals in the amount of $987.00. The questioned transactions were: May 19, 2010 at 7:24 p.m. Highs at 7900 Wise Ave May 19, 2010 at 8:38 p.m. at M&T bank at 1115 Merritt Blvd May 20, 2010 at 12:25 a.m. Gold Trader on Clifton Ave May 20, 2010 at 1:01 a.m. Gold Trader on Clifton Ave $202.50 $300.00 $242.25 $242.25

On May 22, 2010 at 9:00 a.m., hours after the murder, the Defendant was taken to headquarters to be interviewed about her husbands murder. At the time, she was not a suspect. She told police that Lee left the house around 1:20 a.m. to close the bar. She woke up when he left then went back to sleep. She awoke at 2:00 a.m. and called Lee on his cell phone to find out when he would be home. They spoke and he told her he would be home soon. She went back to sleep and woke up again when she heard the helicopters outside. Lee was not home so she went outside to see what was going on. She went back in the house to get the phone to call Lee again when she was told he was murdered. She was crying throughout the interview and told police she loved her husband and had no idea who would want to hurt him, but he did own a bar and people who were kicked out of the bar may have wanted to hurt him. When asked about his ATM card she advised that she last used the card one month before at the Mars store. She thought Lee had dropped it at the Home Depot. She does not know what happened to it; she does not remember the PIN number; she did not take the card and did not give it to anybody. She

also advised that there are cameras inside and outside of the Hops Inn, and that the cameras on the side of the building where the murder occurred had been disconnected several months ago when the wooden steps were built. Jaclyn Martins brother is the co- defendant Robert Garner. Michael Zeigler contacted police and gave information that Robert Garner, Sturm Davis and Brandon Roth were at Garners apartment the night of the murder and left the house together. He later got a call that Lee Martin had been shot. Police arrested Brandon Roth and Sturm Davis. Both were read their Miranda Rights and agreed to speak with police. Their interviews were captured on audio and videotape. They told police that they were at a drive-in movie when Robert Garner called for them to come over. When they got to his apartment Garner was dressed in all black and had black face paint around his eyes. He brought out black clothes for Sturm Davis and he told them he was going to beat up a guy. At Garners direction, Brandon Roth drove them to a street near Railway Avenue and Sturm Davis and Robert Garner walked through a break in the fence towards Railway Avenue and waited by the stairs on the side of the building. Sturm Davis said that Garner was on his cell phone. Garner called and spoke with the defendant, Jaclyn Martin, at least one time while they were waiting and told her that he loved her. Lee Martin walked outside and Garner approach him and told Lee to give him the money. Lee Martin looked scared and said he did not have any money. Garner then pulled out a gun and pointed it at Lee Martin. Lee Martin put his hands in the air and then reached into his pocket for his wallet. Lee removed money from the wallet and handed it to Garner. Once the money was handed over, Garner started shooting; Sturm Davis watched as Garner shot Lee Martin in the face. Sturm Davis then ran. He heard multiple gunshots and ran to the car where Brandon was waiting. Garner initially said he would pay both Roth and Davis $300 each for their participation, Garner paid Roth $100, but never paid Davis. Brandon further advised that about two weeks before the murder Robert Garner asked if he knew where to buy a gun. Brandon advised he did not. Days before the murder

Garner shows Brandon the gun he purchased; the gun matched the description of the gun seen by Sturm Davis during the murder. Robert Garner was arrested and read his Miranda Rights by Detectives Bollinger and Jacoby. His full interview was captured on audio and videotape. Robert Garner initially told police that he was not involved in the murder. He admitted that the defendant gave him Lee Martins ATM card to withdraw money a few days before the murder. After further questioning, he finally admitted Brandon Roth drove him to the location and he and Sturm Davis waited under the stairs on the side of the Hops Inn bar. They waited there for Lee Martin to exit the bar. When he did, Garner confronted him and Lee Martin was shot. Cell phone records show that Robert Garner called the Defendant after the first two (2) ATM withdrawals. On the morning of May 22nd, Garner calls the Defendant on the home phone four (4) times between 2:07 a.m. and 2:12 a.m. each call lasts only a few seconds. At 2:13 a.m., Garner calls the Defendant and they have a one (1) minute and 31 second conversation. At 2:16 a.m. the Defendant calls Lee Martin at the bar to see when he is coming home. At 2:17 a.m. the Defendant calls Garner and they speak for eight (8) seconds; He calls her again at 2:18 a.m. and 2:20 a.m. and they speak for 24 seconds and 43 seconds respectively. Cell phone tower records confirm that from 2:07 a.m. through 2:23 a.m. Robert Garners phone was utilizing the tower closest to the Hops Inn bar. The phone calls directly before and directly after that time frame have Robert Garners phone utilizing the cell phone towers closest to his home on Collingham Road. Next-door neighbor, Dennis Schnitker advised that he routinely would overhear the Defendant talking on the phone on their shared porch. Whenever she was on the phone she spoke loudly and freely about any and every subject. Approximately two (2) weeks before the murder her habits changed and she stopped all conversations on the front porch. When the phone rang she would walk to the back of the house and speak in a

lower voice, so her conversations would not be overheard. On May 18th, four days before the murder, Mr. Schnitker overheard an argument between Lee Martin and the Defendant while they were on the shared porch. They were arguing about money when the Defendant yelled at Lee Martin, Youll get yours. Lee advised, What do you mean Ill get mine. The Defendant walked back into the home. Lee Martin walked toward the Hops Inn after this argument. On May 25, 2010, the Defendant was re-interviewed. At this time, she was a suspect and was advised of her Miranda rights. She told police that she and Lee had a lot of arguments, but for the past several weeks things had been fine. She admitted that Lee had kicked her out of the bar and did not let her return because of her drinking. She told police that she could not be stopped from going into her own bar. When told by detectives that it was Lees bar, the Defendant responded that it was our bar. She told police that there were phone calls between her and her brother right before the murder and that she called Lee Martin at the bar and he advised that he would be home in a minute. She then called her brother to tell him Lee was still in the bar. She admits that she gave the ATM card to her brother along with the PIN number. Robert Garner and his attorney met with Detectives on November 9, 2011. In that interview, Garner advised that approximately a month before the murder he and the Defendant began discussing possible scenarios that would result in the death of her husband. She specifically mentioned pushing him down a flight of stairs and offered to pay Garner $10,000 for his participation. Garner mentioned that he could make it look like an armed robbery and kill Lee in the process, but he did not have a gun or money to pay for a gun. Garner told the Defendant that a gun would cost about $700. She told him she could get him the money. She told Garner she wanted to bury Lee under the ground and if he did it, he and his family could live in the home next to her that was owned by Lee Martin and currently rented by the Schnitkers. Approximately one week before the murder, the Defendant called Robert Garner to meet her at the Mars Supermarket and at that time she gave him Lee Martins ATM card and

the PIN number to access the card. She gave him the toll free number to call to access the amount of money in the account. She told him not to use the card unless you plan on doing something. When he accessed the bank account he believed there was approximately $700 in the account. Garner took the card and made arrangements to purchase a gun from a friend he knows as Dallas. The purchase price for the gun was $300. After Garner had the gun he went to the Highs Store and withdrew $200 from Lee Martins account, and then went to M&T bank and withdrew another $300. Garner paid Dallas $300 and gave Dallas the ATM card to use as he wanted. Bank records confirm the withdrawals occurred on May 19, 2010. That same night, which was two nights before the murder (early morning hours of May 20, 2010), Garner and Dallas went to the Hops Inn bar with the intent on killing Lee Martin. They arrived at the location after the bar had closed, but were too late to commit the murder. They agreed to meet the following evening (early morning hours of May 21, 2010), but Dallas never showed up. On May 21, 2010, Robert Garner spoke with the Defendant and told her that the plan was set in motion. He told her he had the gun. The Defendant told Garner to make sure he left Lees wallet and the keys at the scene. Cell phone records confirm that there were seven (7) phone calls between the Defendant and Garner some lasting as long as eight (8) minutes on May 21, 2010. When Dallas failed to show again on the early morning hours of May 22, 2010, Garner called Brandon Roth and Sturm Davis to drive him to the Hops Inn. Once there he and Sturm Davis exited the car and waited under the steps for Lee Martin to arrive. Garner chose that location to wait because the Defendant told him that the cameras on that side of the bar were not working and that he would not be seen. Garner called the Defendant several times while they were waiting. The last time she answered the phone. He asked her if she was sure she wanted this done. She replied, Do what you have to do. Garner told her, I love you and hung up. Lee Martin exited the bar, and Garner approached him with a gun asking for money. Lee Martin gave him money from his wallet and Garner shot him in the head. He shot Lee Martin eight (8) times and ran from the location back to Brandon Roths car.