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Jurors to report for Vivien Martin capital murder case
By Joe Gorman
YOUNGSTOWN
Jurors will report today for orientation in Mahoning County Common Pleas Court in the 2010 case of a man accused of murdering a real-estate agent on the East Side.
One hundred twenty people will be reporting before Visiting Judge Lee Sinclair to begin the selection process in the case against 29-year-old Robert Brooks, who could face death if convicted in the Sept. 20, 2010, murder of 67-year-old Vivian Martin, owner of Essence Realty.
A co-defendant, Grant Cooper, 25, entered guilty pleas July 31 to several charges for the death of Martin and faces 29 years in prison. His sentencing date is set for Oct. 2. Part of his plea agreement includes that he testify against Brooks.
In a final pretrial hearing Thursday, Judge Sinclair ruled against a defense motion to dismiss the charges because the trial would violate Brooks’ right to a speedy trial. Judge Sinclair said that in the court record, there were no objections by defense attorneys in the several continuances that were granted since the case was indicted in October 2010.
But the judge said he may revisit the motion during the trial if it becomes apparent that Brooks’ right to a fair trial is being violated because of the time lag in presenting the case to a jury.
Judge Sinclair also granted a prosecution motion to allow previous acts from the robbery of a real-estate agent five days before Martin was killed. Prosecutors said they wanted the jurors to hear that information because other than Martin’s murder, there are 11 similarities between that previous case and the crime that resulted in Martin’s death.
Defense attorneys said the ruling would prejudice the jury against Brooks, but Judge Sinclair said he may also revisit that motion during the trial as well. He said he may limit prosecutors in how many details of the previous crime they will be allowed to introduce based on the facts of the case as they are laid out before a jury.
Judge Sinclair also agreed to a defense motion to dismiss the first two counts of the indictment against Brooks, aggravated robbery and kidnapping, as they are from a previous crime. He said it is up to prosecutors if they will decide to re-file those charges.
Brooks now faces charges of aggravated murder with death-penalty specifications, aggravated murder, aggravated arson and kidnapping.
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.
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 said he hopes to begin jury selection Monday and have a pool of 12 jurors and six alternates picked by Wednesday afternoon, and that opening statements and testimony can begin then.