Cooper avoids death penalty in 2010 killing of Vivian Martin


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Cooper

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Brooks

By Joe Gorman

jgorman@vindy.com

YOUNGSTOWN

One of two men charged in the 2010 murder of a real-estate agent on the East Side will no longer have to face the death penalty after entering guilty pleas in Mahoning County Common Pleas Court.

Grant Cooper, 25, pleaded guilty Thursday before Visiting Judge Lee Sinclair to charges of involuntary manslaughter, aggravated robbery, aggravated arson and kidnapping in the Sept. 20, 2010, death of 67-year-old Vivian Martin.

Prosecutors are recommending a sentence of 29 years. That is contingent, however, on his testimony against Robert Brooks, 29, whose trial is coming up in September. Brooks is eligible for the death penalty if he is convicted of Martin’s murder.

Police say Martin was lured to a home she was showing in the 3100 block of Nelson Avenue, robbed and strangled. The home was then set on fire to cover up the crime.

Judge Sinclair, a retired Stark County Common Pleas Court judge, was appointed by the state Supreme Court in June after Mahoning County Judge James Evans recused himself from the case because of his impending retirement.

Brooks and Cooper were arraigned on charges in Martin’s death Oct. 13, 2010, but the case has yet to come to trial.

One of Martin’s daughters was in court Thursday, but she left without answering any questions. Assistant Prosecutor Dawn Cantalamessa and defense attorneys Tom Zena and Lynn Maro declined to answer questions as well.

Sentencing has been set for 9 a.m. Oct. 2.

Judge Sinclair questioned Brooks extensively before he took his plea, asking if he understood his rights and what rights he was giving up.

Under questioning from Judge Sinclair, Brooks said he served in the Marine Corps for four months and also was taking three medications, including one to help him sleep and another for anxiety.

Zena said the plea agreement came after two days of extensive negotiations with prosecutors this week, and that on Wednesday, his client offered a statement detailing the crime and his role and Brooks’ role in Martin’s death.