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High court appoints judge to Vivian Martin case
By Joe Gorman
YOUNGSTOWN
The state Supreme Court has appointed a retired Stark County Common Pleas Court judge to hear the death-penalty cases of two men accused of murdering a real-estate agent in 2010 and leaving her in a burning home.
Chief Justice Maureen O’Connor appointed retired Judge Virgil Lee Sinclair Jr., who will have a pretrial hearing on the case for all parties next Friday.
Robert Brooks, 29 and Grant Cooper, 25, are both charged with aggravated murder with death-penalty specifications, aggravated arson and aggravated robbery in the Sept. 20, 2010, slaying of 67-year-old Vivian Martin, a cancer survivor and owner of Essence Realty.
Police say Martin was lured to a home that she was trying to sell in the 3100 block of Nelson Avenue by Brooks and Cooper, who killed her and then set the house on fire to cover up the crime.
They were arrested a few days later and arraigned in common pleas court Oct. 13, 2010, but the case has yet to come to trial.
The case was assigned to Judge James C. Evans, who recused himself from the case June 9 on the grounds he is retiring Sept. 1 and will not be able to hear it.
Administrative Judge Lou D’Apolito said he asked the state supreme court for guidance on the matter because he wants to make sure whoever gets the case can stay with it until it is finished and give it their undivided attention in order to have it heard as quickly as possible.
Davida Brown, a daughter of Martin, said she is glad a new judge has been appointed and she hopes this will speed the case along. She and other family members have been critical of the lag in the case.
“It’s about darn time,” Brown said. “Hopefully now we’ll get some justice.”
Judge D’Apolito said it was thought by the supreme court it would be better to have a visiting judge to hear the case, because that judge could focus on just the cases against Brooks and Cooper.